Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: November 10, 2022 Collection: Council Agendas Municipality: South Frontenac
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TOWNSHIP OF SOUTH FRONTENAC Committee Of Adjustment Meeting Agenda TIME: DATE: PLACE:
7:00 PM, Thursday, November 10, 2022 Council Chambers.
1 .
Call to Order
a )
Resolution
2 .
Adoption of Agenda
a )
Resolution
3 .
Electronic Meeting Information
a )
The meeting will be live streamed at the following link: http://www.facebook.com/SouthFrontenacTwp/ Please visit the Virtual Committee of Adjustment Meetings page on the Township website for the link to register to be a participant in this meeting: https://www.southfrontenac.net/en/open-for-business/virtual-committee-ofadjustment-meetings.aspx Instructions about participating via Computer, Laptop, Smartphone, Tablet and Telephone can be found at the above noted link as well.
b )
PowerPoint Presentation Staff has prepared a PowerPoint Presentation that will be displayed on the screen of the meeting, you can also follow along with the PDF version that is in the attachment of this agenda item.
4 .
Declaration of pecuniary interest
a )
None Declared
5 .
Approval of Minutes – October 13, 2022
a )
Resolution
6 .
New Consent Applications:
a )
PL-BDJ-2022-0070 (Anghelescu) Property Address: Vacant Land on Murton Road - District of Portland Purpose and Effect of the Application: Consent for the creation of one new rural residential lot consisting of 2 acres with 76 metres of frontage on Murton Road.
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Page 1 of 368
b )
PL-BDJ-2022-0071 (Anghelescu) Property Address: Vacant Land on Murton Road - District of Portland Purpose and Effect of Application: This application is a consent application for the creation of two new rural residential lots on Murton Road consisting of 2 acres with 76 metres of frontage on Murton Road.
14 217 2
7 .
New Minor Variance Applications:
a )
PL-ZNA-2022-0129 (Bercier) Property Address: 340 Devil Lake Road - District of Bedford Purpose and Effect of the Application: The applicant is requesting relief to locate a single detached dwelling (50’ x 28’) within 30 metres of the high water mark of a waterbody (wetland) on the property. The proposed single detached dwelling will be 27 metres to the highwater mark, whereas the Zoning Bylaw requires a minimum 30 metres setback from the highwater mark. The applicant is also requesting to place a carport (12’ x 16’) in the front yard of the property. The carport will be 22 metres to Devil Lake Road.
17 320 6
b )
PL-ZNA-2022-0134 (Gurr) Property Address: 2006 Charlie Green Road - District of Loughborough Purpose and Effect of the Proposed Variance: The applicant is requesting permission as per section 5.24.2 of the Township Zoning Bylaw to permit a detached garage (40’ x 60’) to be located in the front yard whereas the Zoning Bylaw requires an accessory building which is not part of the main building to be erected to the rear of the projected front or exterior side wall of the dwelling. The property is zoned Waterfront Residential Zone (RW).
20 722 5
c )
PL-ZNA-2022-0137 (Bobs Lake Coop) (Fretts) Property Address: 27 and 38 Co-Op Lane - District of Bedford Purpose and Effect of the Proposed Variance: 27 and 38 Co-op Lane are part of the Bob’s Lake Co-operative.The Co-op’s properties are zoned RLSW-3.The RLSW-3 zone requires that the replacement of any existing trailers on thepropertiesbesubjecttoaminorvarianceapplicationtodeterminetheappropriat enessof the size and location of the replacement trailer. Theapplicationistoreplacetheexistingtrailersat27and38Co-opLane.At27CoopLane, the existing 18.5 foot by 8 foot trailer would be replaced with a new 18.5 foot by 8 foot trailer. The new trailer would be placed in the same location as the existing trailer, beside theexisting sunroom.At 38 Co-op Lane, the existing 18 foot by 8 foot trailer would be replaced with a new 39 foot by 8.5 foot trailer. This new trailer would be placed in the same location astheexistingtrailer.Bothtrailerswouldbesetbackmorethan30metresfromthehig hwater mark of Bob’s Lake, and are far removed from any property lines.
22 626 3
d )
PL-ZNA-2022-0139 (Mitro) Property Address: Vacant Land Sperling Lane - District of Bedford Purpose and Effect of the Proposed Variance: TheOwnerproposedtoconstructa1350squarefootdwelling,includinganattache ddeck,on the property.The dwelling would be setback 21m from the highwater mark of Thirty Island Lake and 6m from the top of bank.A minor variance is being requested to allow the dwelling to be setback less than the 30m from the highwater mark of the lake and less than the 15m from the top of bank required by the Zoning By-law.
26 428 4
Page 2 of 368
e )
PL-ZNA-2022-0140 (Murphy) (Sands) Property Address: 1003 Island View Lane - District of Loughborough Purpose and Effect of the Application: To request permission under section 45(2) of the Planning Act to enlarge a legal non- conforming dwelling within 30m of the highwater mark of Knowlton Lake. The existing 1056 squarefootdwellingwith295squarefootattacheddeckissetback9.7mfromthehig hwater mark. A 720 square foot second storey addition would be added to a portion of the dwelling that is setback 14m from the highwater mark.
28 529 6
f)
PL-ZNA-2022-0141 (Smallman-Tew) Property Address: 179 Beatrice Lane - District of Bedford Purpose and Effect of Variance: The applicant is seeking permission to enlarge a legal non-conforming dwelling and increasing living space within 30 metres of the highwater mark of Bobs Lake (Green Bay). The dwelling is setback 16 metres from the high water mark. An addition would be constructed to the rear of the dwelling, 22 metres to the high water mark. The height of the dwelling will also be increasing from 20 feet to approximately 25 feet. The property is zoned Limited Service Residential Waterfront (RLSW).
29 732 0
g )
PL-ZNA-2022-0142 (Kobus) (Kimmett) Property Address: 6154 McMullen Drive - District of Portland Purpose and Effect of the Application: The subject property is developed with a dwelling and a small shed. The dwelling is setback 6.31 metres from the highwater mark of Verona Lake. The applicant is seeking permission to add a deck to the dwelling. The deck (3m x 6.5m & 3m x 2m) would be setback 3.9 metres from the highwater mark and would extend over the top of bank. The applicant is also seeking a variance for a new shed (7.3 m x 3.7m) to be setback 16.8 metres from the high water mark and 9.5 metres from the top of bank.
32 134 8
h )
PL-ZNA-2022-0143 (Flohr & O’Shea) Property Address: 81 Maple Drive Lane - District of Bedford Purpose and Effect of the Application: The applicant is requesting relief to place a shed (12’ x 30’) in the front yard of the property on the existing driveway on the property, whereas, Section 5.24.2 of the Township Zoning Bylaw states any accessory building which is not part of the main building shall be erected to the rear of the projected front or exterior side wall of the main building. The property is zoned LIMITED SERVICE RESIDENTIAL ZONE (RLS) in the Township Zoning Bylaw.
34 936 8
8 .
Other Business
a )
Appointment of Deputy Secretary-Treasurer, Sarah Cadue Resolution
b )
Delegated Consent - Report
9 .
Adjournment
a )
Resolution
Page 3 of 368
Committee of Adjustment Meeting Thursday, November 10, 2022
7:00 p.m. Virtual Meeting from Council Chambers 4432 George Street, Sydenham, ON Page 4 of 368
Welcome to the Virtual Meeting for the Committee of Adjustment This is a hearing of the Committee of Adjustment for the Township of South Frontenac. All members of the public are muted on our end and your cameras will not be turned on. Committee Members
Township Staff
• Randy Ruttan (Chair)
• Christine Woods (Senior Planner)
• Alan Revill
• Sarah Cadue (Planner)
• Norm Roberts
• Michelle Hannah (Secretary Treasurer & Planning Assistant)
• Mike Nolan • Doug Morey • Mike Howe • Tom Bruce Page 5 of 368
• Ken Gee
Call to Order Adoption of Agenda
Page 6 of 368
• Call to Order • Adoption of Agenda • Electronic Meeting Information • Declaration of Pecuniary Interests • Approval of Minutes of Previous Meeting • Hearings for Applications • Consent Granting Authority Report • Other Business • Adjournment
Electronic Meeting Information Format for Each Hearing
- The Chair will introduce the file
- The Planner will provide an overview of the application
- The Planner will make a recommendation on the application
- Questions or comments from the Applicant / Agent / Members of the Public
- Committee deliberation and vote
- The Chair will state whether the vote was carried Page 7 of 368
Appeal Rights • Township staff will be in contact with the applicant following the meeting. Where a decision has been made, it will be forwarded to the applicant and anyone who has requested to be notified within 15 days. • If a person or public body does not make oral submissions at the hearing or make written submissions to the Township before a decision is made, the person or public body is not entitled to appeal the decision. • Anyone may appeal the decision to the Ontario Land Tribunal. The appeal must be filed with the Secretary-Treasurer of the Committee of Adjustment within 20 days of the notice of decision. The notice of appeal must set out the reasons for the appeal and be accompanied by the fee required by the Tribunal. Page 8 of 368
• If you have any questions after the meeting, please reach out to staff.
How to Speak to an Application • The Chair of the meeting will open the floor to public comments • Click “Raise Hand” button to request to speak or dial *9 (star nine) when participating by telephone • The Chair will recognize a member of the public, and the Meeting Host will unmute the member of the public • Once the member of the public is done speaking or the Committee has no further questions, the Meeting Host will mute their microphone
Page 9 of 368
In Case of Technical Difficulties • If a Committee member joining virtually disconnects from the meeting, the meeting will proceed if there is still quorum. The Committee member will attempt to reconnect. • If quorum cannot be met within 15 minutes, the meeting will be postponed. • Staff will be in touch with applicants. • A notice will also be posted on the Township’s social media if the meeting is postponed.
Page 10 of 368
Declaration of Pecuniary Interests Approval of Minutes of Previous Meeting Consent Applications Page 11 of 368
Applications PL-BDJ-2022-0070 & PL-BDJ-2022-0071 Consent to Sever Applicant: Gina Anghelescu
Location: Vacant Land, Murton Road
Page 12 of 368
Property Location • Vacant Land, Murton Road, District of Portland • Rural designation • Rural zone (RU)
Subject property
Page 13 of 368
Page 14 of 368
Subject Property West
Subject Property East
Proposal • Create two new residential lots • Lot #1 (Blue) • Lot #2 (Green) • Each Severed Parcel • 2 acres (0.8 ha) • 76 metres (250 feet) on Murton Road
Page 15 of 368
• Retained Parcel • 67 acres (27.1 ha) • 201 metres (659.4 feet) on Murton Road
Department, Agency and Public Comments • Public Services – No objection • Building Services (Sewage Review) – No objection, flexible site conditions for sewage system
• Public Comment – To date, written comments have been received from the owners of two properties • Concerns relate to minimum distance separation between livestock facilities and the lots Page 16 of 368
Analysis
Page 17 of 368
• The Provincial Policy Statement 2020 and the County of Frontenac Official Plan (Section 3.3) permit residential development, that is locally appropriate, in rural areas. • Section 5.7 of Township Official Plan states that limited nonagricultural residential development may also be permitted within the Rural area. • Section 5.7.4(ii) (a) of the Official Plan. The proposed severances are 2 acres (0.8 hectares) in size with 76 metres (250 feet) of frontage on a Murton Road, therefore they meet the minimum lot size and frontage requirements.
Analysis • The retained parcel would also meet the Rural Residential policies as outlined in section 5.7.4 (ii) of the Official Plan. • Sections 6.23 and 7.1 (l) of the Official Plan state that “all division of land for new farm and non-farm uses shall comply with the Minimum Distance Separation Formulae I or II as amended.” • MDS I calculations were completed for all livestock facilities and manure storage on neighbouring properties. Page 18 of 368
Minimum Distance Separation (MDS I ) East Property West Property
• East Property - A minimum MDS I setback of 166 metres (545 feet) is required from the closest barn • West Property - A minimum MDS I setback of 260 metres (853 feet) is required from the expanded barn & minimum MDS I setback of 279 metres (915 feet) is required from the existing manure storage on this property.
Page 19 of 368
Analysis • The severed parcels meet or exceed the required MDS I setbacks and therefore, comply with the Provincial Policy Statement, Township Official Plan & Zoning Bylaw. • The retained parcel has an area greater than 0.5ha for a building envelope that would comply with MDS I setbacks. • MDS I calculations must be completed or verified at the time of a building permit application. Page 20 of 368
• A disputed consent - Unresolved issues or concerns from the public related to minimum distance separation.
Recommendation • Approval • Pending any comments received • Subject to conditions in Planning Report
Page 21 of 368
Public Questions and Comments If you would like to speak:
• Use “Raise Hand” feature at the bottom of your screen. • Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.
Page 22 of 368
PL-BDJ-2022-0070 & PL-BDJ-2022-0071 Committee Deliberation and Vote
Page 23 of 368
Applications for Minor Variance and Permission to Enlarge Legal NonConforming Uses
Page 24 of 368
Application PL-ZNA-2022-0129 Minor Variance
Applicant: Louise Bercier Property: 340 Devil Lake Road
Page 25 of 368
Property Location • The subject property is 2.02 acres, with 76 metres of frontage on Devil Lake Road. • Rural Designation • Rural zone (RU) and ‘Environmentally Sensitive’ overlay Page 26 of 368
Property Description • The property is grassed with scattered trees and vegetation. • Two watercourse features: One man-made channel from the northwest corner that connects with a watercourse/wetland in the southeast portion. • Existing sewage system, well storage shed, and tool shed. Page 27 of 368
Wetland (Southeast)
Proposal • Locate a one-storey single detached dwelling, 50 feet by 28 feet (130 square metres), setback a minimum of 27 metres from the highwater mark of a waterbody (wetland). • Place a carport 12 feet by 16 feet (17.84 square metres) in the front yard of the property, 22 metres to Devil Lake Road. Page 28 of 368
Page 29 of 368
Proposed Location for Dwelling
Proposed Location for Carport
Department, Agency and Public Comments • Building Services (Sewage System Review) – No objections • Cataraqui Conservation – No objections • Recommendations of environmental mitigation measures
• A permit will be required from under O. Reg. 148/06
• Public – none received
Page 30 of 368
Planning Analysis Variance meets four tests of a minor variance
- Maintains the general intent and purpose of the Township of South Frontenac Official Plan
- Maintains the general intent and purpose of Zoning By-law No. 2003-75
- Is desirable for the appropriate development of the lands in question
- Is minor Page 31 of 368
Recommendation • Approval • Pending any comments received • Subject to conditions • The application is approved in accordance with submitted drawings • Owner is required to enter into a Development Agreement • Building permit is required for ALL demolition and construction on the property Page 32 of 368
Public Questions and Comments If you would like to speak:
• Use “Raise Hand” feature at the bottom of your screen. • Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.
Page 33 of 368
PL-ZNA-2022-0129 Committee Deliberation and Vote
Page 34 of 368
Application PL-ZNA-2022-0134 Minor Variance
Applicant: Ethan Gurr Property: 2006 Charlie Green Road
Page 35 of 368
Property Description • Lot area: 7 acres. Waterfront on the north side of the property. • Glass Lane runs through the lot from the east lot line. • Developed with a 2-storey single detached dwelling and attached garage. Page 36 of 368
Proposal • Construct a 222.97 square metres (40’x60’), accessory building in the front yard of the property. • Located off the existing driveway approximately 21.33 metres (70 feet) to Charlie Green Road and 20.1 metres (66 feet) to the front lot line. Page 37 of 368
View from the Road
Proposed Location
Page 38 of 368
Department, Agency and Public Comments • The application did not meet the criteria for circulation to any departments or agencies. • No comments received from the public
Page 39 of 368
Planning Analysis Variance meets four tests of a minor variance
- Maintains the general intent and purpose of the Township of South Frontenac Official Plan
- Maintains the general intent and purpose of Zoning By-law No. 2003-75
- Is desirable for the appropriate development of the lands in question
- Is minor Page 40 of 368
Recommendation
Page 41 of 368
• Approval • Pending any comments received • Subject to conditions • The application is approved in accordance with submitted plans • Building permit is required for ALL demolition and construction on the property • Minor Variance is applicable only to Zoning By-law No. 2003-75
Public Questions and Comments If you would like to speak:
• Use “Raise Hand” feature at the bottom of your screen. • Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.
Page 42 of 368
PL-ZNA-2022-0134 Committee Deliberation and Vote
Page 43 of 368
Application PL-ZNA-2022-0137 Minor Variance
Applicant: Shaun Biro, Leonard Bonnet and Joan Kinnie Agent: Lee Fretts (Bob’s Lake Co-operative) Property: 27 and 38 Co-op Lane
Page 44 of 368
Property Description • Bob’s Lake • Badour Road • Rural designation • RLSW-3 zone • 40 acres • Campsites in Bob’s Lake Co-op Page 45 of 368
Proposal 27 Co-op Lane • Remove 18.5ft by 8ft trailer • Add 18.5ft by 8ft trailer • Same location
Page 46 of 368
Page 47 of 368
27 Co-op Lane
Proposal 38 Co-op Lane • Remove 18ft by 8ft trailer • Add 39ft by 8.5ft trailer • Same location but different orientation
Page 48 of 368
Page 49 of 368
38 Co-op Lane
Department, Agency and Public Comments • Building Services • 27 Co-op Lane – clarified the replacement trailer would need to be connected to a new sewage system, or have its toilet removed • 38 Co-op Lane – encouraged to install a new sewage system
• Public Comments – none received
Page 50 of 368
Planning Analysis Variance meets four tests of a minor variance
- Maintains the general intent and purpose of the Township of South Frontenac Official Plan
- Maintains the general intent and purpose of Zoning By-law No. 2003-75
- Is desirable for the appropriate development of the lands in question
- Is minor Page 51 of 368
Recommendation
Page 52 of 368
• Approval • Pending any comments received • Subject to conditions • The application is approved in accordance with submitted plans • Building permit is required for ALL demolition and construction on the property • For 27 Co-op Lane, applicant shall apply for and obtain a permit for a sewage system under Ontario Building Code or remove toilet to satisfaction of Township
Public Questions and Comments If you would like to speak:
• Use “Raise Hand” feature at the bottom of your screen. • Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.
Page 53 of 368
PL-ZNA-2022-0137 Committee Deliberation and Vote
Page 54 of 368
Application PL-ZNA-2022-0139 Minor Variance
Applicant: Stephen Mitro Property: 102902004009304, Sperling Lane
Page 55 of 368
Property Description • Thirty Island Lake • Sperling Lane/Murray Lane • Rural designation • RLSW zone • 1.5 ha (3.7 acre) • Vacant Page 56 of 368
Proposal
Lake Cottage
• Seasonal dwelling • 1,350 sq. ft. • One storey • Northeast corner of property • 21m front yard • 21m from highwater mark • 6m from top of bank
Sewage System Top of Bank
Sperling Lane
Page 57 of 368
Shoreline and top of bank
Proposed building location
Page 58 of 368
Page 59 of 368
Proposed building location viewed from property to the east
Page 60 of 368
Typical topography of property
Department, Agency and Public Comments • Quinte Conservation – satisfied with Slope and Erosion Assessment, no objection • Public Comments – none received
Page 61 of 368
Planning Analysis Variance meets four tests of a minor variance
- Maintains the general intent and purpose of the Township of South Frontenac Official Plan
- Maintains the general intent and purpose of Zoning By-law No. 2003-75
- Is desirable for the appropriate development of the lands in question
- Is minor Page 62 of 368
Recommendation • Approval • Pending any comments received • Subject to conditions • The application is approved in accordance with submitted plans • Building permit is required for ALL demolition and construction on the property • Development agreement Page 63 of 368
Public Questions and Comments If you would like to speak:
• Use “Raise Hand” feature at the bottom of your screen. • Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.
Page 64 of 368
PL-ZNA-2022-0139 Committee Deliberation and Vote
Page 65 of 368
Application PL-ZNA-2022-0140 Permission to Enlarge Legal Non-Conforming Use
Applicant: Nicole and Gordon Murphy Agent: Benjamin Sands Property:1003 Island View Lane
Page 66 of 368
Property Description
Page 67 of 368
• Knowlton Lake • Island View Lane • Rural designation • RLSW zone • 0.4 ha (1 acre) • Existing 1,056 sq. ft. dwelling with 295 sq. ft. deck • Two accessory sheds
Proposal • Add 750 sq. ft. second storey addition • 14m from highwater mark
Page 68 of 368
Page 69 of 368
Dwelling viewed from lane
Shoreline slope and top of bank
Area of second storey addition
Page 70 of 368
Department, Agency and Public Comments • Cataraqui Conservation – geotechnical investigation and slope/erosion assessment required to demonstrate slope is stable and house will be safe • Building Services (Sewage Review) – comments forthcoming • Public Comments – none received
Page 71 of 368
Preliminary Planning Analysis • Dwelling is in erosion hazard • Township policies direct development away from shoreline erosion hazards • Cataraqui Conservation cannot issue a permit under O. Reg. 148/06 for proposed addition in erosion hazard • Appropriate to require geotechnical investigation and slope/erosion assessment needed to demonstrate slope is stable and enlarged house will be safe • Require confirmation that sewage system is adequate Page 72 of 368
Recommendation • Deferral
Page 73 of 368
Public Questions and Comments If you would like to speak:
• Use “Raise Hand” feature at the bottom of your screen. • Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.
Page 74 of 368
PL-ZNA-2022-0140 Committee Deliberation and Vote
Page 75 of 368
Application PL-ZNA-2022-0141 Permission to Enlarge Legal Non-Conforming Use
Applicant: Peter Smallman-Tew Property:179 Beatrice Lane
Page 76 of 368
Property Description
Page 77 of 368
• Lot area of 6.21 acres (2.51 hectares) - lot addition approved in 2022 (file S-22-21-B). • Existing dwelling (Cottage) with attached deck, a detached garage, and two small utility sheds & septic system. • Rural designation • RLSW Zone
Proposal
Page 78 of 368
• Permission under section 45(2) of the Planning Act to enlarge the legal non-conforming dwelling on the property within 30 metres of the highwater mark • Addition (7.5 m x 7.5 m): increased living space & covered porch – 22 metres to highwater mark • Height of dwelling will be increased • Dwelling will increase in gross floor area
South Side of Cottage
Proposed Location of the Addition
Page 79 of 368
Page 80 of 368
Existing Cottage – Location of Proposed Addition
Proposed Building Plans
View from Waterfront Page 81 of 368
Department, Agency and Public Comments Building Services (Sewage System Review) – No objection • Existing sewage system is sized adequately to serve the proposed rebuild of the cottage & addition Rideau Valley Conservation Authority – no objection
• Not going any closer to the water than existing dwelling • Recommendations were provided for best practices • Written permission is not required (Ontario Regulation 174/06).
Public Comments – none Page 82 of 368
Planning Analysis • Dwelling is legal non-conforming, setback 14.5 metres (47 feet) from the highwater mark of Bob’s Lake (Green Bay). • Section 5.10.2 of the Zoning By-law, 45 (2) of Planning Act increase gross floor area, living space & height of dwelling. • No adverse visual impact on the properties to the north and south over the existing condition. • View from the lake is also not anticipated to be noticeably different than the impact of the existing dwelling. Page 83 of 368
Planning Analysis • Lot coverage - will increase from approximately 1.1% to 1.4%, which is less than the 5% permitted in the RLSW zone. • RVCA provided various recommendations and best practices. These recommendations will be included in a development agreement that is a proposed condition of approval. Page 84 of 368
Recommendation – Approval • Approval • Pending any comments received • Subject to conditions • The application is approved in accordance with submitted plans • Building permit is required for ALL demolition and construction on the property • Development Agreement Page 85 of 368
Public Questions and Comments If you would like to speak:
• Use “Raise Hand” feature at the bottom of your screen. • Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.
Page 86 of 368
PL-ZNA-2022-0141 Committee Deliberation and Vote
Page 87 of 368
Application PL-ZNA-2022-0142 Minor Variance and Permission to Enlarge Legal Non-Conforming Use
Applicant: Susan Kobus Agent: Daniel Kimmett Property: 6154 McMullen Lane
Page 88 of 368
Property Description • Verona Lake • McMullen Lane (aka McMullen Drive • Settlement Area designation • UR1 zone • 1,065 sq. m. (0.26 acre) • 635 sq. ft. dwelling Page 89 of 368
• 6.3m from highwater mark • 3m from top of bank
• Small accessory shed
Proposal • New garage • 291 sq. ft. • One storey • 16.8m from highwater mark • 9.5m from top of bank
• Addition to dwelling • 275 sq. ft. attached deck • 3.9m from highwater mark • 0m from top of bank Page 90 of 368
Page 91 of 368
Garage location viewed from lane
Top of bank near garage
Page 92 of 368
House viewed from garage location
Sewage system
Page 93 of 368
Deck location
Department, Agency and Public Comments • Quinte Conservation – satisfied with Slope and Erosion Assessment, no objection • Public Comments – none received
Page 94 of 368
Planning Analysis – Garage Variance meets four tests of a minor variance
- Maintains the general intent and purpose of the Township of South Frontenac Official Plan
- Maintains the general intent and purpose of Zoning By-law No. 2003-75
- Is desirable for the appropriate development of the lands in question
- Is minor Page 95 of 368
Planning Analysis – Attached Deck • Seasonal dwelling is a legal non-conforming use • Not permitted use in UR1 zone • Less than 30m from highwater mark (i.e. 6.3m)
• Deck would be closer to highwater mark (i.e. 3.9m) • Deck would extend over top of bank • May impact ability to safely maintain and repair dwelling and slope if needed • Not consistent with development and redevelopment of waterfront properties on Verona Lake
Page 96 of 368
• Setbacks from highwater mark and top of bank are maintained or increased • Shoreline buffers provided to help maintain lake water quality • Safe access ensured around buildings, slopes and shorelines
• Lands north of dwelling are more appropriate for deck or patio that can maintain existing setback
Recommendation – Garage – Approval • Approval • Pending any comments received • Subject to conditions • The application is approved in accordance with submitted plans • Building permit is required for ALL demolition and construction on the property • Development agreement Page 97 of 368
Recommendation – Deck – Denial
Public Questions and Comments If you would like to speak:
• Use “Raise Hand” feature at the bottom of your screen. • Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.
Page 98 of 368
PL-ZNA-2022-0142 Committee Deliberation and Vote
Page 99 of 368
Application PL-ZNA-2022-0143 Minor Variance
Applicant: Rick Flohr & Debby O’Shea Property: 81 Maple Grove Lane
Page 100 of 368
Property Description
Page 101 of 368
• 7.9 acres (3.2 hectares). • Forest and rocky outcrops. The developed portion of the property slopes gently south towards Maple Grove Lane. • Seasonal dwelling (cottage) with a front deck and a rear deck, a barrel sauna and septic tank and field • Rural designation • Limited Service Residential Zone (RLS)
Subject Property
Proposal • Permit an accessory building (Shed “A”) to be located in the front yard. • Permit an accessory building (Shed “B” to be located a minimum of 16 metres from the highwater mark of a watercourse. Page 102 of 368
Page 103 of 368
View from Lane
Slope of Property (East of Dwelling)
Watercourse (East)
Shed “B” view from lane
Watercourse (East)
Slope & Shed “B”
Page 104 of 368
Department, Agency and Public Comments • Rideau Valley Conservation Authority – No objection and provided recommendations for best practices • Public Comments – none
Page 105 of 368
Planning Analysis Variance meets four tests of a minor variance
Page 106 of 368
- Maintains the general intent and purpose of the Township of South Frontenac Official Plan
- Maintains the general intent and purpose of Zoning By-law No. 2003-75
- Is desirable for the appropriate development of the lands in question
- Is minor
Recommendation
Page 107 of 368
• Approval • Pending any comments received • Subject to conditions • The application is approved in accordance with submitted plans • Building permit is required for ALL demolition and construction on the property • Minor Variance is applicable only to Zoning Bylaw No. 2003-75
Public Questions and Comments If you would like to speak:
• Use “Raise Hand” feature at the bottom of your screen. • Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.
Page 108 of 368
PL-ZNA-2022-0143 Committee Deliberation and Vote
Page 109 of 368
Other Business • Appointment of Deputy Secretary-Treasurer, Sarah Cadue • Consent Granting Authority Report • PL-BDJ-2022-0107 (Benedikt) – lot addition. • PL-BDJ-2022-0114 (Hyndman) (Richmond) – lot addition
• Thank you to Committee members for the last 4 years Page 110 of 368
Adjournment
Page 111 of 368
Page 112 of 368
Ina,
,
Number:
d?s CL/L
File
Communications are to be sent to:
Signature(s) of Owner(s)
El
Owner(s)
El Agent
Agent as named above is hereby authorized to act on behalf of the owners for purposes of processing this application (please fill out the last page).
Email Address of Authorized Applicant/Agent:
Phone number of Authorized Applicant/Agent:
Full Mailing Address of Authorized Applicant/Agent:
Name of Authorized Applicant/Agent:
applicant is authorized to make the application, be provided below.
. Ifthe applicant is NOT the owner of the subject land, the written authorization of the owner that the
Email Address of Owner(s):
Phone number of Owner(s): _
Full Mailing Address of Owner(s):
. Name of Owner(s):
Date Received:
TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION For Office Use Only
Page 113 of 368
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Date of Meeting:
Date Fee Paid:
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Part Number(s):
Lot Number:
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Area(acres/ha):
Name of Road/Lane:
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Frontage on road/lane (m):
- Please provide a brief description of your application. Indicate the reason why you are applying for a consent
|:|Charge/Discharge of Mortgage
MCreation of a New Lot ElEasement (right of way) ClLot Addition
/
- Select the type of consent being applied for:
Depth(m):
Name of Waterbody:
Frontage on water (m):
- Indicate the frontage(s), depth and area of the subject land. The subject land is the whole property prior to any changes. Please indicate the name of the road/lane and waterbody (if applicable).
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Property Identification Number (PIN):
Roll Number:
I
[I Bedford
Reference Plan Number:
Concession Number:
Civic Address:
District:
- The description of the subject land:
Name of Planner:
E/Yes
TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION 4. Have you consulted with Township Planning Staff regarding this application?
PL- B13: -Q0aSl- 00%
Complete this section ONLY if you are applying to create a new lot.
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Lot (Proposed
new lot):
Proposed
Existing Buildings/Structures:
Existing Use of Lot:
Severed
CY-OP5
Lot (Proposed
new lot):
Please list the existing and proposed USES and STRUCTURES.
Acres (acres or ha):
Depth (m):
Name of Waterbody:
Frontage on Water (m):
Name of Road/Lane:
Frontage on Road/Lane (m):
Severed
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Retained Lot:
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Retained Lot:
The following information is regarding the land intended to be severed (created) and the land to be retained.
—
TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION
- Create a NEW LOT
ProposedLo+*l
Page 114 of 368
Page 115 of 368
—
Lot Addition (Severed
I
Retained Lot:
Name of Waterbody:
Frontage on Water (m):
Name of Road/Lane:
Frontage on Road/Lane (rn):
‘1
Existing Benefitting Lot: (Before Lot Addition)
I-
Enlarged Lot with added Land: (After Lot Addition)
The following information is regarding the Benefitting Lands also known as the land being enlarged which are receiving the lot addition.
Acres (acres or ha):
Depth (m):
Name of Waterbody:
Frontage on Water (m):
Name of Road/Lane:
Frontage on Road/Lane (m):
Proposed parcel):
LOT ADDITION Complete this section ONLY if you are applying for a lot addition. The following information is regarding the land intended to be severed (created) and the land to be retained.
TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION
Buildings/Structures:‘
Proposed
Proposed Use of Lot:
Existing Buildings/Structures:
Existing Use of Lot:
Lot Addition:
Depth:
or a right-of-way
Width: Area:
Complete this section if you ONLY are applying for an
Benefitting Lands:
Municipal water system
I:I
Municipal water system
EI
WATER (Indicate the method by which water will be provided):
Retained Parcel
(NEW LOT) Severed Parcel
12.Type of Servicing Proposed
Describe the purpose and effect of the easement and the property that will benefit:
Roll Number of Benefitting Lands:
Civic address of Benefitting lands:
Length:
easement
—
Retained Lands:
Please list the‘ existing and proposed USES and STRUCTURES.
TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION
- EASEMENTS & RIGHT OF WAY
Page 116 of 368
Retained Parcel
be provided?):
Holding Tank (Class 5) Greywater Pit (Class 2) Privy/Outhouse (Class 1)
Holding Tank (Class 5)
Greywater Pit (Class 2)
Privy/Outhouse (Class 1)
El El El
Leaching bed (Class 4)
Leaching Bed (Class 4)
septic system:
El Privately owned and operated
lg
Privately owned and operated individual septic system:
septic system
individual
[I Yes
Please indicate whether access to the land will be by:
The retained lot:
No
/
|:|Unknown
.
D Yes ‘3 No
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—
16.Are you aware of any abandoned wells on the subject property?
The new lot (lot addition or Right of Way):
/
or covenant and its effect:
or restrictive covenants?
If Yes, please provide a description of each easement
15.Are there any existing easements
14.P|ease
list the name of the person(s) to whom the land or an interest in the land is to be transferred, charged or leased (ifknown):
8/
septic system
D Publicly owned and operated communal D Publicly owned and operated communal
(NEW LOT) Severed Parcel
13.Type of Sewage.-Disposal System Proposed (How will sewage disposalsystem
TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION
- Name of road or lane which accesses:
Page 117 of 368
wnsurg
- What is the current Official Plan Designation of the subject lands?
18.What is the zoning of the subject lands? (Check www.frontenacmags.ca)
The Retained Lot:
The New Lot:
If access is by water,o,n|y, describe the parking and docking facilities to be used and the approximate distance of these facilities from the subject land and the nearest public road. Parking and Docking for water access only properties MUST be legally deeded access. Please provide confirmation.
TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION
D No
Please explain:
D Yes
E/Uriknown
21.ls the application consistent with the 2020 Provincial Policy Statement?
_u
20.Please describe how the application conforms with the Township Official Plan & County Official Plan by citing specific applicable sections and sub sections. Please make sure to look at Sections 5 and 7 in the Township Official Plan and Section 3 in the County Official Plan. Ifyou are unsure, please indicate that you do not know.
Page 118 of 368
El Minister’s Zoning Order
El Zoning By—|awAmendment
El Official Plan Amendment
El Site Plan Approval
III Minor Variance
El Consent
El Plan ofSubdivision
Application Type
‘T
El Yes Application Number
[3 Unknown
Date of Application
ENO Decision
22.Has the subject land ever been, or is currently, the subject of an application for approval of a plan of subdivision under section 51 of the Planning Act, for a consent under section 53 of the Planning Act, for a minor variance, for approval of a site plan, or for an amendment to an official plan, an amendment to the zoning by-law or a Minister’s zoning order? Complete all applicable
TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION
/
No
EI
- A SKETCH must be submitted. For more information on what the sketch needs to show, please see
I:IYes
M No
- Did the current owner acquire the subject land as a result of a consent?
I] Yes
23.Has land been previously severed from the subject property, since September 5, 2000? If yes, please provide date of transfer; name of transferee and uses of the land.
Page 119 of 368
onthe
Existing Buildings, wells and septic systems, bridges, railways, roads, hydro lines
Waterbodies, watercourses, drainage ditches, river or stream banks, wetlands, wooded areas
Landfills, propane facility, quarry’s and pits
Barns
a.
b.
c.
cl.
subject property and on land beside the subject property. Please label and show the approximate location of:
D All natural and artificial features that are located
current owner of the subject land.
U The location of all land previously severed from the parcel (if applicable) originally acquired by the
El The distance between the subject land and the nearest road, bridge or railway crossing
El Indicate if the owner of the subject property also owns other lands near the proposal.
the part that is to be retained, including the total area (acres or hectares), road frontages on all roads/lanes for each and waterbodies.
El The boundaries and dimensions of the whole property. LABELthe part that is to be severed and
[I A directional arrow with North at the top of the page.
TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION
it is an unopened road allowance, a public travelled road, a private road or a right of way.
[I The location, width and name of any roads within or abutting the subject land, indicating whether
agricultural and commercial uses (if agricultural, please indicate the approximate distance of any barn structure from the proposed new lot).
[I Please indicate the current uses of land that is surrounding the property, such as residential,
applicant’s opinion may affect the application
El Please include any information on natural and artificial features (as listed above) that in the
Note: The existence of a nearby barn will require you to complete a Minimum Distance Separation Calculation in order to consider compatibility issues. Please check with the Planning Department regarding the implications of any farm structure, on your application.
Page 120 of 368
Page 121 of 368
ACKNOWLEDGEMENT OF ADDITIONAL REQUIREMENTS
_
The Owner/Applicant further agrees to provide the Municipality, upon request and in cases where an application has been appealed to the Ontario Land Tribunal, with a deposit (over and above the normal application fee), from which the Municipality may, from time to time charge any fees and expenses incurred by the Municipality to prepare for and participate in the hearing. If such appeal expenses exceed the deposit, the Owner/Applicant shall pay the difference forthwith upon being billed by the
Without limiting the foregoing, such costs will include all legal, engineering, planning, and consulting fees and charges incurred or payable by the Municipality to process the application together with all costs and expenses arising from or incurred in connection with the Municipality being required, or requested by the applicant, to appear at the hearing of any appeal to the Ontario Land Tribunal from any decision of the Council, Delegated Decision of Council, or Committee of Adjustments, of their designated approval authority, as the case may be, hearing the app|icant’s application.
The applicant hereby agrees to indemnify and save harmless The Corporation of the Township of South Frontenac (“the Municipality”)from all costs and expenses that the Municipality may incur in connection with the processing of the app|icant’s application for approval under the Planning Act.
AGREEMENT TO INDEMNIFY
Attached to this application is payment to the Township of South Frontenac in the correct amount representing payment of the application fee, and additional payment (or proof of payment) for any required commenting agency review fees.
II We, the undersigned, being the registered property owner(s) and/or agent acting on behalf of the owner, acknowledge that additional studies and/or peer review and/or legal review may be required by the Township as a part of the review of my/our application. Should the_need arise, I/we are responsible for completing the studies as requested in order for the application to be deemed complete.
|/ We,
the undersigned, being the registered property owner(s) and/or agent acting on behalf of the owner agree that the information recorded in this Consent Application Form is accurate and agrees that representatives of the Township and relevant commenting agencies may enter onto the subject property for the purpose of determining the appropriateness of the site for the proposed development.
PERMISSION, ACKNOWLEDGEMENT,AGREEMENT AND DECLARATION OF APPLICATION
TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION
I
Page 122 of 368
O70 .
(Municipality, Town, City name)
I
(Name of Owner / Agent)
G/‘rm. .
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(Day)
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dayof (Month)
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do solemnly declare that the information contained in this application is true and that the information contained in the documents that accompany this application is true, and acknowledge that personal information and all other material collected on this form and provided to the municipality as part of this application, including all names, addresses, opinions and comments, is collected underthe authority of the Planning Act, R.S.O. 1990, as amended, will be used to assist in making a decision on this matter and will be made available for public disclosure. l/\Ne are aware the information collected in this Application will be provided in the applicable Agenda and posted on the Township’s website.
of
l/\Ne,
Note: Do not sign until in the presence of the Commissioner of Oaths. You will be required to provide photo identification (i.e. driver’s license).
DECLARATION FOR THE PRESCRIBED INFORMATION
TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION
Page 123 of 368
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Page 124 of 368
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Millhaven Creek
MURTON ROAD 3358 MURTON RD
Legend Subject Property Proposed Right of Way Proposed Severance
3400 MURTON RD
Proposed Severance
MURTON RD
Assessment Parcel Provincially Significant Wetland
Retained Lands
MURTON RD
3384 MURTON RD
Proposed Lot #1 PL-BDJ2022-0070
Proposed Lot #2 PL-BDJ2022-0071
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Lake Trout Lake - At Capacity Lake Trout Lake - Not at Capacity Non-Lake Trout Lake - At Capacity
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3403 MURTON RD
Railway
3423 MURTON RD
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2020. 3387 MURTON RD
3482 MURTON RD
Wetland Wooded Area
3377 MURTON RD
3386 MURTON RD
3385 MURTON RD 3415 MURTON RD
3364 MURTON RD
Page 125 of 368
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.
MURTON RD
Scale: 1:7,000 0
3502 MURTON RD
50
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MURTON RD
UTM Zone 18 NAD 83 Date: 5/19/2022
Page 126 of 368 “A2/v\peoJ
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Page 127 of 368
To: Committee of Adjustment Prepared by: Development Services Department Meeting Date: November 10, 2022 Subject:
Consent Application PL-BDJ-2022-0070 (Anghelescu) – Vacant Land, Murton Road, Portland District
Summary This application is for the creation of one new residential lot. This report recommends approval of the application PL-BDJ-2022-0070. The Committee of Adjustment is being asked to make a decision on this application, as it is a disputed consent per By-law 2020-27 because there are unresolved issues or concerns from the public regarding minimum distance separation.
Background Proposal: The creation of one new rural residential lot – PL-BDJ-2022-0070 (Lot #1). The subject lands are also subject to Consent Application PL-BDJ-2022-0071 (Lot #2) for consent to create a second rural residential lot. Location: Vacant Land, Murton Road, District of Portland with Assessment Roll Number 102908001001500. Designation and Zoning: The subject property is designated Rural and zoned Rural (RU).
Application Table Severed Parcel (Lot #1)
Retained Parcel (after Lot #1 and 2)
Area
Minimum 2 acres (0.8 hectares)
+/- 67 acres (27.11 hectares)
Frontage on Road
Minimum 76 metres (250 feet) on Murton Road
+/- 201 metres (659.45 feet) on Murton Road
Frontage on Water
N/A
N/A
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 128 of 368
Township of South Frontenac Staff Report - Consent Application PL-BDJ-2022-0070 (Anghelescu) – Vacant Land, Murton Road, Portland District
Review This application: ✓ Conforms to section 51(24) of the Planning Act; ✓ Does not require a plan of subdivision for the proper and orderly development of the municipality (s. 53(1) Planning Act); ✓ Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act); ✓ Conforms to the County of Frontenac Official Plan (s. 3.3 & 7.1); ✓ Conforms to the Township of South Frontenac Official Plan (s. 5.7.4 & 7.1); ✓ Complies with Zoning By-law No. 2003-75 (or will comply subject to a standard condition of rezoning or minor variance); and X Has unresolved objections/concerns raised from the public.
Discussion/Analysis Property Description The subject property is a large rural property located east of Murton Road. The subject property is vacant land and not developed. The total lot area is 71 acres (28.7 hectares) and the existing frontage of the property is 353 metres (1158.14 feet). The subject property consists of open grassland that is flat and bordered by treeline. There is a wooded area on the north side of the property. There are no other natural features on the property. There are hydro lines across the front of the lot. There are various residential properties and farmland surrounding the subject property along Murton Road.
Summary of Proposal The purpose of this consent application is to create one rural residential parcel. The severed parcel (Lot #1) consists of a minimum of 2 acres (0.8 hectares) with a minimum of 76 metres (250 feet) of frontage on Murton Road. The severed parcel consists of a vacant open field. The severed parcel is located on the eastern most portion of the subject property. The proposed use for the severed lot is residential. Lot #2 would be located immediately west of Lot #1. The retained parcel will be approximately 67 acres (27.11 hectares) in area with approximately 201 metres (659.45 feet) of frontage on Murton Road if both severances are granted. The retained lands proposed use will be for agricultural use (crops). www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 129 of 368
Township of South Frontenac Staff Report - Consent Application PL-BDJ-2022-0070 (Anghelescu) – Vacant Land, Murton Road, Portland District
Department and Agency Comments Public Services Public Services provided comments on June 16, 2022. Both applications PL-BDJ-2022-0070 and PL-BDJ-2022-0071 were supported by Public Services. The comments received noted that there are adequate sight lines for the entrances for both lots. There were no special drainage/ditching concerns related to the creation of the new lots and the overall road condition was adequate to serve increased development and/or traffic. Any road widening would need to be determined by an Ontario Land Surveyor. It was noted that road widenings where applicable shall achieve 10 metres from the centerline of the existing roadway. Building Services (Sewage System Review) Building Services provided comments on October 27th, 2022, indicating that the proposed lot PL-BDJ-2022-0070 is capable of providing flexibility in siting a sewage disposal system, dependent on the proposal submitted through an application to construct a sewage system. The approval of any new lot is based on its suitability to provide an area for a Class 4 sewage system for an average 3-bedroom home. The proposed severance is open grassland that is nominally flat and bordered by treeline, Overhead wires run through the property approximately 15 metres inward from the road. No water supply was present at the time of inspection. The test holes were located in the southern portion of the proposed lot with approximately 16-20 inches of soil depth. It appears there is sufficient space to accommodate a dwelling and sewage system bearing in mind that the required setbacks are maintained from the overhead wires and the water supply once constructed.
Public Comments To date, written comments have been received from the owners of two adjacent properties. On July 9th, 2022, the owners of 3400 Murton Road to the east of the subject property expressed concerns via letter that the severance could impact their property now and, in the future, and felt that the proposed severance is too close to the barns which are on the west side of their property. While the barns are currently being used as lumber storage, they continue to make repairs to the barns for future use. When they purchased the property in 2013 their intention was to eventually have a working farm or hobby farm and they are concerned that this proposed severance will negate that possibility and affect any other potential and future use of their property.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 130 of 368
Township of South Frontenac Staff Report - Consent Application PL-BDJ-2022-0070 (Anghelescu) – Vacant Land, Murton Road, Portland District
Township Staff visited the site at 3400 Murton Road on November 2 nd, 2022, to inspect the barns and determined that they were Unoccupied Livestock Barns. Minimum Distance Separation (MDS I) setbacks were calculated for the two barns (see discussion below). The owners of 3482 Murton Road to the west of the property expressed concerns on July 14th, 2022, that the application showed no consideration for their building application approved by the Township in September 2021 and MDS calculations for that new dairy barn. The applicant also commented that the application notice only showed the minimum distance to the existing structures of when the property was purchased in March 2021. The neighbours expressed that it was important to establish the minimum distance separation for the existing approved plan as well as to ensure a buffer to allow for future growth up to the maximum livestock capacity of the new barn and the future manure pit required to meet the Nutrient Management guidelines set out in Ontario. They also wanted to ensure that an additional buffer to the minimum distances that was approved as part of their building permit would be recognized to allow for future expansion. Since the new building is not on the sketch/map accompanying the application, the applicant felt it was not. The neighbour also provided Minimum Distance Separation II Calculations for that planned expansion as part of their letter to the Township. The neighbour expressed that they are not against another residence on the road but are concerned that a non-agricultural use is being considered which has the potential to limit agricultural businesses in South Frontenac. The neighbour asked that the Township recalculate the minimum distances to the agricultural buildings of the adjoining properties and report back to those property owners. From their own assessments at least one of the lots applications has a conflict. Township staff calculated Minimum Distance Separation (MDS I) setbacks for the approved barn and the existing manure storage (see discussion below).
Planning Analysis Rural Residential Development The Provincial Policy Statement 2020 and the County of Frontenac Official Plan (Section 3.3) permit residential development, that is locally appropriate, in rural areas. The subject lands are designated Rural in the Township of South Frontenac Official Plan. Section 5.7 of the Official Plan states “it is the general intent of the Official Plan that the majority of permanent non-agricultural residential development be encouraged to locate in the Township’s Settlement Areas. However, limited non-agricultural residential development may also be permitted within the Rural area so as to provide a variety of living accommodation for the residents of the Township. Development within the Rural designation shall be serviced in accordance with Section 6.10 of the Official Plan. Section 5.7.4(ii) (a) of the Township Official Plan requires consideration for the dimension and shapes of the proposed lots. The proposed severance is 2 acres (0.8 hectares) in size with 76 metres (250 feet) of frontage on a Murton Road, therefore it meets the minimum lot
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 131 of 368
Township of South Frontenac Staff Report - Consent Application PL-BDJ-2022-0070 (Anghelescu) – Vacant Land, Murton Road, Portland District
size and frontage requirements. It is the opinion of staff that the consent generally provides for a satisfactory geometric design of the parcel (as per Section 7.1(d)) of the Official Plan. The retained parcel would also meet the Rural Residential policies as outlined in section 5.7.4 (ii), as it has a frontage, size and public road access which conforms with the Official Plan. Section 5.7.4(ii) (b) states that “rural residential development shall be serviced by private water and sanitary sewage disposal systems approved by the appropriate authority”. Building Services confirmed that the proposed Lot #1 is capable of providing flexibility in siting a sewage system dependent on the proposal submitted through an application to construct a sewage system. They also noted that there appears to be sufficient space to accommodate a dwelling and sewage system bearing in mind that required setbacks are maintained from the overhead wires and the water supply once constructed. A recommended condition of approval for consent applications does include the drilling of a well. The condition is as follows: “the Owner shall submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained by over a 6-hour pump test for the parcel severed through this Consent Application”. Section 5.7.4(ii) (a) states that all new rural residential lots shall have public road frontage. The proposed severance has road frontage on a public road that is maintained year-round and as indicated by the Public Services Department and the overall road condition adequate to serve increased development/traffic. Sections 6.23 and 7.1 (l) of the Official Plan state that “all division of land for new farm and non-farm uses shall comply with the Minimum Distance Separation Formulae I or II as amended”. This is consistent with Section 1.1.5.8 of the Provincial Policy Statement 2022, which states that new lands use including the creation of lots, and new or expanding livestock facilities, shall comply with the minimum distance separation formulae”. MDS I calculations were completed for 3482 Murton Road and 3400 Murton Road, which will be outlined in the section below. Minimum Distance Separation The MDS Document (OMAFRA Publication 853) represents the provincial standard with respect to the calculation of MDS setbacks. The objective of MDS formulae is to minimize nuisance complaints due to odour and reduce land use incompatibility. Minimum Distance Separation I provide minimum distance separation for new or expanding development from existing livestock facilities and must be applied to new lot creation. The MDS Document requires MDS I setbacks to be calculated from existing livestock facilities, being one which has already been constructed or for which a building permit has been issued. The information used to carry out an MDS I calculation must reflect the circumstances at the time that the municipality deems the planning application to be complete. Calculations are not required for potential future new or expansions of barns and manure storage when considering lot creation.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 132 of 368
Township of South Frontenac Staff Report - Consent Application PL-BDJ-2022-0070 (Anghelescu) – Vacant Land, Murton Road, Portland District
Township staff completed MDS I calculations for the two barns at 3400 Murton Road. The livestock barns are unoccupied and currently used for lumber storage. Since the owner is unsure what type of livestock would be housed in the barns, assumptions were made based on the structure and historical use of the barns. Based on the combined design capacity of the two barns, a minimum MDS I setback of 166 metres (545 feet) is required from the closest barn on this property. A small portion of the northeast corner of Lot #1 is within the MDS I setback. However, the majority of Lot #1 would exceed the MDS I setback, and so the lot is viable. The majority of the retained parcel also exceeds the MDS I setback (i.e., there is a potential building envelope greater than 0.5 hectares in area). Refer to Attachment 1 (Map of MDS I Setbacks for PL-BDJ-2022-0070 and PL-BDJ-2022-0071). Township staff also completed MDS I calculations for the barn and manure storage at 3482 Murton Road. A building permit was recently issued for a proposed expansion of the existing barn. Therefore, the calculations were based on information in the OMAFRA-approved Nutrient Management Strategy that was submitted with the building permit application and included the expansion. A minimum MDS I setback of 260 metres (853 feet) is required from the expanded barn, and a minimum MDS I setback of 279 metres (915 feet) is required from the existing manure storage on this property. Lot #1 exceeds the MDS I setback. The majority of the retained parcel also exceeds the MDS I setback (i.e., there is a potential building envelope greater than 0.5 hectares in area). Refer to Attachment 1 (Map of MDS I Setbacks for PL-BDJ-20220070 and PL-BDJ-2022-0071). Any future new or expansions of any of the existing barns and manure storages would be subject to MDS II calculations. Similarly, MDS I calculations must be completed or verified at the time of a building permit application for a dwelling on the severed parcel or retained parcel. There could be a need for a proposed barn or manure storage or dwelling to shift on their respective parcels as a result of future expansions.
Summary The proposed severance (for Lot #1) complies with all Rural Residential policies and land division policies of the Township of South Frontenac Official Plan related to area, frontage, access, and sewage system servicing. The MDS I calculations confirmed that the severed parcel meets the minimum distance setbacks and therefore, complies with the Provincial Policy Statement, the Township Official Plan and the Township Zoning Bylaws in relation to minimum distance separation. The application is a disputed consent per By-law 2020-27 because there are unresolved issues or concerns from the public related to minimum distance separation. Therefore, it is being brought to the Committee of Adjustment for a decision.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 133 of 368
Township of South Frontenac Staff Report - Consent Application PL-BDJ-2022-0070 (Anghelescu) – Vacant Land, Murton Road, Portland District
Notice/Consultation A Notice of a Consent Application was circulated to the public on June 27th, 2022, pursuant to the requirements of the Planning Act. A Notice of Public Meeting was circulated on October 27th, 2022, pursuant to the requirements of the Planning Act, at least 14 days before the public meeting. This included notice given: • • • •
by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies
Recommendation It is recommended that application PL-BDJ-2022-0070 be approved subject to the following conditions.
Expiry Period
- Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance.
Severed Lands 2. The land to be severed by Consent Application PL-BDJ-2022-0070 shall be for the creation of one new residential lot a minimum of 2 acres (0.8 hectares) in area and with a minimum of 76 metres (250 feet) frontage on Murton Road. Survey/Reference Plan or Registerable Description 3. An acceptable reference plan or legal description of the severed lands, in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the Certificate of Official shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 134 of 368
Township of South Frontenac Staff Report - Consent Application PL-BDJ-2022-0070 (Anghelescu) – Vacant Land, Murton Road, Portland District
- The surveyor or applicant shall submit the draft Reference Plan including an area calculation and noting frontage along the road electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office. Road Widening
- The surveyor who prepares the reference plan referred to in Conditions #3 and #4 shall also determine by survey the width of Murton Road to be 20 metres (66 feet). If such width is less than 20 metres (66 feet), the owner shall dedicate to the Township land along the frontage of the severed lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 10 metres (33 feet) from the centre of the existing travelled road for Murton 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 issuance of the Certificate of Official; 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 the issuance of the Certificate of Official. Municipal Requirements
- Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the issuance of the Certificate of Official.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 135 of 368
Township of South Frontenac Staff Report - Consent Application PL-BDJ-2022-0070 (Anghelescu) – Vacant Land, Murton Road, Portland District
- The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Application PL-BDJ-2022-0070, in lieu of parkland [Planning Act, s. 51(1)].
- The Owner shall 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 PL-BDJ-2022-0070.
- In the event that there are abandoned wells located on the severed parcel or the retained property, they shall be sealed in accordance with the requirements of the Ministry of the Environment, Conservation and Parks and that this work shall be accomplished prior to the issuance of the Certificate of Official. Zoning
- Where a violation of Zoning By-law No. 2003-75 is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township.
Attachment
- Map of MDS I Setbacks for PL-BDJ-2022-0070 and PL-BDJ-2022-0071
Report Prepared By: Sarah Cadue, MCIP RPP, Planner Reviewed By: Christine Woods, MCIP RPP, Senior Planner
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 136 of 368
MDSI Setbacks for PL-BDJ-2022-0070 and PL-BDJ-2022-0071
Legend Assessment Parcels
Page 137 of 368
0.5
1: 9,028 0
0.23
WGS_1984_Web_Mercator_Auxiliary_Sphere Includes Material © 2019 of the Queen’s Printer for Ontario. All Rights Reserved.
0.5 Kilometers
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION
Notes
Page 138 of 368
July 14, 2022 Atm: South Frontenac Planning Department
Re: Notice of Consent Application PL-BDJ-2022-0070 & PL—BDJ-2022-0071
GinaAnghelescu
We are writing this response to this application with some concerns. First and foremost is that the application shows no consideration for the building application approved September 2021 #21-S62 and the Minimum Distance seperation calculations for that new dairy barn accepted by both the South Frontenac Planning Department and Building Department (see Appendix #1) Instead, the application notice only shows the minimum distancesto the existing structures of when we purchasedthe property in March 2021. In the discussions with the Planning Department staff at the time, we were very clear that it was important to establish the minimum distance separation for the existing approved plan, as well as to ensure a buffer to allow for future growth up to the rnaxirnum livestock capacity of the new barn we were investing in and the future manure pit required to meet the Nutrient Management guidelines set out in Ontario. It was verbally responded to us that an additional buffer to the minimum distances approved as part of our building permit would be recognized to allow for future expansion. Since the new building is not even on the map accompanying the application; clearly it was not. We have included the minimum distancerequirements for that planned expansion as Appendix #2. In the end, we are not against anotherhouse on the road, BUT, we are very concerned when a nonagricultural use is being considered which has the potential to limit agn‘cu.lturalbusinessin South Frontenac and its realistic, foreseeable growth. We would ask that the South Frontenac Development Services recalculate the minimum distances to the agricultural buildings on the adjoining properties and report back to those property owners in writing ahead of an in person meeting to discuss the proposed application. Our quick measurements using Google Earth demonstrate a conflict with at least one of the lot applications,but we wish you to confinn this by providing your own independent review.
Thank-you for accepting our response letter to the Notice of Application and we look forward to discussing your updated minimum distance map to the surrounding agricultural buildings with South Frontenac staff and the applicant/neighbour/fellow agriculture producer, Gina, to ensure that there are no con?icts for any lot severances which can be approved. Respectf
y Submitted,
Neil 8: Melanie Hunter lg
TOWNSHIP OF SOUTH
Page 139 of 368
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APpenJix#/
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Page 141 of 368
Page 142 of 368
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Page 144 of 368
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Page 145 of 368
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Page 146 of 368
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Page 147 of 368
Please
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Page 148 of 368
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TOVVNSHIP
Page 149 of 368
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Page 155 of 368
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Page 157 of 368
Page 158 of 368
To: Committee of Adjustment Prepared by: Development Services Department Meeting Date: November 10, 2022 Subject:
Consent Application PL-BDJ-2022-0071 (Anghelescu) – Vacant Land, Murton Road, Portland District
Summary This application is for the creation of one new residential lot. This report recommends approval of the application PL-BDJ-2022-0071. The Committee of Adjustment is being asked to make a decision on this application, as it is a disputed consent per By-law 2020-27 because there are unresolved issues or concerns from the public regarding minimum distance separation.
Background Proposal: The creation of one new rural residential lot – PL-BDJ-2022-0071 (Lot #2). The subject lands are also subject to Consent Application PL-BDJ-2022-0070 (Lot #1) for consent to create a second rural residential lot. Location: Vacant Land, Murton Road, District of Portland with Assessment Roll Number 102908001001500. Designation and Zoning: The subject property is designated Rural and zoned Rural (RU).
Application Table Severed Parcel (Lot #2)
Retained Parcel (after Lot #1 and 2)
Area
Minimum 2 acres (0.8 hectares)
+/- 67 acres (27.11 hectares)
Frontage on Road
Minimum 76 metres (250 feet) on Murton Road
+/- 201 metres (659.45 feet) on Murton Road
Frontage on Water
N/A
N/A
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 159 of 368
Township of South Frontenac Staff Report - Consent Application PL-BDJ-2022-0071 (Anghelescu) – Vacant Land, Murton Road, Portland District
Review This application: ✓ Conforms to section 51(24) of the Planning Act; ✓ Does not require a plan of subdivision for the proper and orderly development of the municipality (s. 53(1) Planning Act); ✓ Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act); ✓ Conforms to the County of Frontenac Official Plan (s. 3.3 & 7.1); ✓ Conforms to the Township of South Frontenac Official Plan (s. 5.7.4 & 7.1); ✓ Complies with Zoning By-law No. 2003-75 (or will comply subject to a standard condition of rezoning or minor variance); and X Has unresolved objections/concerns raised from the public.
Discussion/Analysis Property Description The subject property is a large rural property located east of Murton Road. The subject property is vacant land and not developed. The total lot area is 71 acres (28.7 hectares), and the existing frontage of the property is 353 metres (1158.14 feet). The subject property consists of open grassland that is flat and bordered by treeline. There is a wooded area on the north side of the property. There are no other natural features on the property. There are hydro lines across the front of the lot. There are various residential properties and farmland surrounding the subject property along Murton Road.
Summary of Proposal The purpose of this consent application is to create one rural residential parcel. The severed parcel (Lot #2) consists of a minimum of 2 acres (0.8 hectares) with a minimum of 76 metres (250 feet) of frontage on Murton Road. The severed parcel consists of a vacant open field. The severed parcel is located on the east half of the subject property. The proposed use for the severed lot is residential. Lot #1 would be located immediately east of Lot #2.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 160 of 368
Township of South Frontenac Staff Report - Consent Application PL-BDJ-2022-0071 (Anghelescu) – Vacant Land, Murton Road, Portland District
The retained parcel will be approximately 67 acres (27.11 hectares) in area with approximately 201 metres (659.45 feet) of frontage on Murton Road if both severances are granted. The retained lands proposed use will be for agricultural use (crops).
Department and Agency Comments Public Services Public Services provided comments on June 16, 2022. Both applications PL-BDJ-2022-0071 and PL-BDJ-2022-0070 were supported by Public Services. The comments received noted that there are adequate sight lines for the entrances for both lots. There were no special drainage/ditching concerns related to the creation of the new lots and the overall road condition was adequate to serve increased development and/or traffic. Any road widening would need to be determined by an Ontario Land Surveyor. It was noted that road widenings where applicable shall achieve 10 metres from the centerline of the existing roadway. Building Services (Sewage System Review) Building Services provided comments on October 27th, 2022, indicating that PL-BDJ-20220071 the proposed lot (Lot #2) is capable of providing flexibility in siting a sewage disposal system, dependent on the proposal submitted through an application to construct a sewage system. The approval of any new lot is based on its suitability to provide an area for a Class 4 sewage system for an average 3-bedroom home. Building Services noted that the proposed severance is open grassland that is nominally flat and bordered by treeline. Overhead wires run through the property approximately 15 meters inward from the road. No water supply was present at the time of inspection. The test holes were located in the southern portion of the proposed lot with approximately 10-12 inches of soil depth. It appears that there is sufficient space to accommodate a dwelling and sewage system bearing in mind that required setbacks are maintained from the overhead wires and the water supply once constructed.
Public Comments To date, written comments have been received from the owners of two adjacent properties. On July 9th, 2022, the owners of 3400 Murton Road to the east of the subject property expressed concerns via letter that the severance could impact their property now and, in the future, and felt that the proposed severance is too close to the barns which are on the west side of their property. While the barns are currently being used as lumber storage, they continue to make repairs to the barns for future use. When they purchased the property in www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 161 of 368
Township of South Frontenac Staff Report - Consent Application PL-BDJ-2022-0071 (Anghelescu) – Vacant Land, Murton Road, Portland District
2013 their intention was to eventually have a working farm or hobby farm and they are concerned that this proposed severance will negate that possibility and affect any other potential and future use of their property. Township Staff visited the site at 3400 Murton Road on November 2 nd, 2022, to inspect the barns and determined that they were Unoccupied Livestock Barns. Minimum Distance Separation (MDS I) setbacks were calculated for the two barns (see discussion below). The owners of 3482 Murton Road to the west of the property expressed concerns on July 14th, 2022, that the application showed no consideration for their building application approved by the Township in September 2021 and MDS calculations for that new dairy barn. The applicant also commented that the application notice only showed the minimum distance to the existing structures of when the property was purchased in March 2021. The neighbours expressed that it was important to establish the minimum distance separation for the existing approved plan as well as to ensure a buffer to allow for future growth up to the maximum livestock capacity of the new barn and the future manure pit required to meet the Nutrient Management guidelines set out in Ontario. They also wanted to ensure that an additional buffer to the minimum distances that was approved as part of their building permit would be recognized to allow for future expansion. Since the new building is not on the sketch/map accompanying the application, the applicant felt it was not. The neighbour also provided Minimum Distance Separation II Calculations for that planned expansion as part of their letter to the Township. The neighbour expressed that they are not against another residence on the road but are concerned that a non-agricultural use is being considered which has the potential to limit agricultural businesses in South Frontenac. The neighbour asked that the Township recalculate the minimum distances to the agricultural buildings of the adjoining properties and report back to those property owners. From their own assessments at least one of the lots applications has a conflict. Township staff calculated Minimum Distance Separation (MDS I) setbacks for the approved barn and the existing manure storage (see discussion below).
Planning Analysis Rural Residential Development The Provincial Policy Statement 2020 and the County of Frontenac Official Plan (Section 3.3) permit residential development, that is locally appropriate, in rural areas. The subject lands are designated Rural in the Township of South Frontenac Official Plan. Section 5.7 of the Official Plan states “it is the general intent of the Official Plan that the majority of permanent non-agricultural residential development be encouraged to locate in the Township’s Settlement Areas. However, limited non-agricultural residential development may also be permitted within the Rural area so as to provide a variety of living accommodation for the residents of the Township. Development within the Rural designation shall be serviced in accordance with Section 6.10 of the Official Plan.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 162 of 368
Township of South Frontenac Staff Report - Consent Application PL-BDJ-2022-0071 (Anghelescu) – Vacant Land, Murton Road, Portland District
Section 5.7.4(ii) (a) of the Township Official Plan requires consideration for the dimension and shapes of the proposed lots. The proposed severance is 2 acres (0.8 hectares) in size with 76 metres (250 feet) of frontage on a Murton Road, therefore it meets the minimum lot size and frontage requirements. It is the opinion of staff that the consent generally provides for a satisfactory geometric design of the parcel (as per Section 7.1(d)) of the Official Plan. The retained parcel would also meet the Rural Residential policies as outlined in section 5.7.4 (ii), as it has a frontage, size and public road access which conforms with the Official Plan. Section 5.7.4(ii) (b) states that “rural residential development shall be serviced by private water and sanitary sewage disposal systems approved by the appropriate authority”. Building Services confirmed that the proposed Lot #2 is capable of providing flexibility in siting a sewage system dependent on the proposal submitted through an application to construct a sewage system. They also noted that there appears to be sufficient space to accommodate a dwelling and sewage system bearing in mind that required setbacks are maintained from the overhead wires and the water supply once constructed. A recommended condition of approval for consent applications does include the drilling of a well. The condition is as follows: “the Owner shall submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained by over a 6-hour pump test for the parcel severed through this Consent Application”. Section 5.7.4(ii) (a) states that all new rural residential lots shall have public road frontage. The proposed severance has road frontage on a public road that is maintained year-round and as indicated by the Public Services Department and the overall road condition adequate to serve increased development/traffic. Sections 6.23 and 7.1 (l) of the Official Plan state that “all division of land for new farm and non-farm uses shall comply with the Minimum Distance Separation Formulae I or II as amended”. This is consistent with Section 1.1.5.8 of the Provincial Policy Statement 2022, which states that new lands use including the creation of lots, and new or expanding livestock facilities, shall comply with the minimum distance separation formulae”. MDS I calculations were completed for 3482 Murton Road and 3400 Murton Road, which will be outlined in the section below. Minimum Distance Separation The MDS Document (OMAFRA Publication 853) represents the provincial standard with respect to the calculation of MDS setbacks. The objective of MDS formulae is to minimize nuisance complaints due to odour and reduce land use incompatibility. Minimum Distance Separation I provide minimum distance separation for new or expanding development from existing livestock facilities and must be applied to new lot creation. The MDS Document requires MDS I setbacks to be calculated from existing livestock facilities, being one which has already been constructed or for which a building permit has been issued. The information used to carry out an MDS I calculation must reflect the circumstances at the time that the municipality deems the planning application to be complete. Calculations are www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 163 of 368
Township of South Frontenac Staff Report - Consent Application PL-BDJ-2022-0071 (Anghelescu) – Vacant Land, Murton Road, Portland District
not required for potential future new or expansions of barns and manure storage when considering lot creation. Township staff completed MDS I calculations for the two barns at 3400 Murton Road. The livestock barns are unoccupied and currently used for lumber storage. Since the owner is unsure what type of livestock would be housed in the barns, assumptions were made based on the structure and historical use of the barns. Based on the combined design capacity of the two barns, a minimum MDS I setback of 166 metres (545 feet) is required from the closest barn on this property. Lot #2 would exceed the MDS I setback. The majority of the retained parcel also exceeds the MDS I setback (i.e., there is a potential building envelope greater than 0.5 hectares in area). Refer to Attachment 1 (Map of MDS I Setbacks for PL-BDJ-20220070 and PL-BDJ-2022-0071). Township staff also completed MDS I calculations for the barn and manure storage at 3482 Murton Road. A building permit was recently issued for a proposed expansion of the existing barn. Therefore, the calculations were based on information in the OMAFRA-approved Nutrient Management Strategy that was submitted with the building permit application and included the expansion. A minimum MDS I setback of 260 metres (853 feet) is required from the expanded barn, and a minimum MDS I setback of 279 metres (915 feet) is required from the existing manure storage on this property. Lot #2 exceeds the MDS I setback. The retained parcel also exceeds the MDS I setback (i.e., there is a potential building envelope greater than 0.5 hectares in area). Refer to Attachment 1 (Map of MDS I Setbacks for PL-BDJ-2022-0070 and PL-BDJ-2022-0071). Any future new or expansions of any of the existing barns and manure storages would be subject to MDS II calculations. Similarly, MDS I calculations must be completed or verified at the time of a building permit application for a dwelling on the severed parcel or retained parcel. There could be a need for a proposed barn or manure storage or dwelling to shift on their respective parcels as a result of future expansions.
Summary The proposed severance (for Lot #2) complies with all Rural Residential policies and land division policies of the Township of South Frontenac Official Plan related to area, frontage, access, and sewage system servicing. The MDS I calculations confirmed that the severed parcel meets the minimum distance setbacks and therefore, complies with the Provincial Policy Statement, the Township Official Plan, and the Township Zoning Bylaws in relation to minimum distance separation. The application is a disputed consent per By-law 2020-27 because there are unresolved issues or concerns from the public related to minimum distance separation. Therefore, it is being brought to the Committee of Adjustment for a decision. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 164 of 368
Township of South Frontenac Staff Report - Consent Application PL-BDJ-2022-0071 (Anghelescu) – Vacant Land, Murton Road, Portland District
Notice/Consultation A Notice of a Consent Application was circulated to the public on June 27 th, 2022, pursuant to the requirements of the Planning Act. A Notice of Public Meeting was circulated on October 27th, 2022, pursuant to the requirements of the Planning Act, at least 14 days before the public meeting.
This included notice given: • • • •
by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies
Recommendation It is recommended that application PL-BDJ-2022-0071 be approved subject to the following conditions.
Expiry Period
- Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance.
Severed Lands 2. The land to be severed by Consent Application PL-BDJ-2022-0071 shall be for the creation of one new residential lot a minimum of 2 acres (0.8 hectares) in area and with a minimum of 76 metres (250 feet) frontage on Murton Road. Survey/Reference Plan or Registerable Description 3. An acceptable reference plan or legal description of the severed lands, in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the Certificate of Official shall be submitted to the Secretary-Treasurer for review and consent endorsement within a
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 165 of 368
Township of South Frontenac Staff Report - Consent Application PL-BDJ-2022-0071 (Anghelescu) – Vacant Land, Murton Road, Portland District
period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)]. 4. The surveyor or applicant shall submit the draft Reference Plan including an area calculation and noting frontage along the road electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office. Road Widening 5. The surveyor who prepares the reference plan referred to in Conditions #3 and #4 shall also determine by survey the width of Murton Road to be 20 metres (66 feet). If such width is less than 20 metres (66 feet), the owner shall dedicate to the Township land along the frontage of the severed lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 10 metres (33 feet) from the centre of the existing travelled road for Murton 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 issuance of the Certificate of Official; 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 the issuance of the Certificate of Official.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
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Township of South Frontenac Staff Report - Consent Application PL-BDJ-2022-0071 (Anghelescu) – Vacant Land, Murton Road, Portland District
Municipal Requirements 6. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the issuance of the Certificate of Official. 7. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Application PL-BDJ-2022-0071, in lieu of parkland [Planning Act, s. 51(1)]. 8. The Owner shall 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 PL-BDJ-2022-0071. 9. In the event that there are abandoned wells located on the severed parcel or the retained property, they shall be sealed in accordance with the requirements of the Ministry of the Environment, Conservation and Parks and that this work shall be accomplished prior to the issuance of the Certificate of Official. Zoning 10. Where a violation of Zoning By-law No. 2003-75 is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township.
Attachment
- Map of MDS I Setbacks for PL-BDJ-2022-0070 and PL-BDJ-2022-0071 Report Prepared By: Sarah Cadue, MCIP RPP, Planner Reviewed By: Christine Woods, MCIP RPP, Senior Planner
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
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MDSI Setbacks for PL-BDJ-2022-0070 and PL-BDJ-2022-0071
Legend Assessment Parcels
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0.5
1: 9,028 0
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WGS_1984_Web_Mercator_Auxiliary_Sphere Includes Material © 2019 of the Queen’s Printer for Ontario. All Rights Reserved.
0.5 Kilometers
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION
Notes
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July 14, 2022 Atm: South Frontenac Planning Department
Re: Notice of Consent Application PL-BDJ-2022-0070 & PL—BDJ-2022-0071
GinaAnghelescu
We are writing this response to this application with some concerns. First and foremost is that the application shows no consideration for the building application approved September 2021 #21-S62 and the Minimum Distance seperation calculations for that new dairy barn accepted by both the South Frontenac Planning Department and Building Department (see Appendix #1) Instead, the application notice only shows the minimum distancesto the existing structures of when we purchasedthe property in March 2021. In the discussions with the Planning Department staff at the time, we were very clear that it was important to establish the minimum distance separation for the existing approved plan, as well as to ensure a buffer to allow for future growth up to the rnaxirnum livestock capacity of the new barn we were investing in and the future manure pit required to meet the Nutrient Management guidelines set out in Ontario. It was verbally responded to us that an additional buffer to the minimum distances approved as part of our building permit would be recognized to allow for future expansion. Since the new building is not even on the map accompanying the application; clearly it was not. We have included the minimum distancerequirements for that planned expansion as Appendix #2. In the end, we are not against anotherhouse on the road, BUT, we are very concerned when a nonagricultural use is being considered which has the potential to limit agn‘cu.lturalbusinessin South Frontenac and its realistic, foreseeable growth. We would ask that the South Frontenac Development Services recalculate the minimum distances to the agricultural buildings on the adjoining properties and report back to those property owners in writing ahead of an in person meeting to discuss the proposed application. Our quick measurements using Google Earth demonstrate a conflict with at least one of the lot applications,but we wish you to confinn this by providing your own independent review.
Thank-you for accepting our response letter to the Notice of Application and we look forward to discussing your updated minimum distance map to the surrounding agricultural buildings with South Frontenac staff and the applicant/neighbour/fellow agriculture producer, Gina, to ensure that there are no con?icts for any lot severances which can be approved. Respectf
y Submitted,
Neil 8: Melanie Hunter lg
TOWNSHIP OF SOUTH
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278 DEVIL LAKE RD
Inset Map InsetWolfe Map
CENTREVILLE ROAD
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IL LAKE ROA D
Rock Little Lake Wolfe Lake
¥ PL-ZNA-2022-0129 (BERCIER)
322 DEVIL LAKE RD
340 DEVIL LAKE ROAD
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Legend Subject Property Township Boundary Lake Trout Lake - At Capacity Lake Trout Lake - Not at Capacity Non-Lake Trout Lake - At Capacity 176 CENTREVILLE RD
Wooded Area Waterbody Provincially Significant Wetland
340 DEVIL LAKE RD
Wetland Road
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2020.
DEVIL
Scale: 1:1,000 0
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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.
m UTM Zone 18 NAD 83
Date: 2022-09-21
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Development Services 4432 George St, Box 100 Sydenham ON, KOH2T0 613-376-3027 Ext 2226 buildin southfrontenac.net
Comments:
'
The required setbacks of the proposed dwelling to the existing sewage system appears on conformance with the requirements. The design of the existing sewage system appears adequate to serve to proposed dwelling.
No objections
340 Devil Lake Rd Township of South Frontenac (Bedford)
Bercier, Louise
Applicant Name(s):
Location_
Minor Variance
Type of Application or Proposal:
Planning Department Township of South Frontenac 4432 George St, Box 100 Sydenham, ON KOH 2T0 PLZNA20220129
To:
COMMENTS SEWAGE SYSTEM REVIEW
Application Number:
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October 11, 2022
File: MV/FRS/302/2022
Sent by E-mail Ms. Michelle Hannah, Planning Assistant Township of South Frontenac P.O. Box 100 Sydenham, Ontario K0H 2T0 Dear Ms. Hannah: Re:
Application for Minor Variance PL-ZNA-2022-0129 (Bercier) Pt Lot 18, Concession 12; 340 Devil Lake Road Bedford District, Township of South Frontenac Waterbody: Unnamed Watercourse / Unevaluated Wetland (Trib. to Dead Creek)
Cataraqui Conservation staff have reviewed the above-noted application for minor variance and provide the following comments for the consideration of the Committee of Adjustment. Proposal This proposal involves the construction of a new residential dwelling and car port on an existing vacant lot of record. The application requires relief from Section 5.8.2.(a) of the South Frontenac Zoning By-law to reduce the required setback from the highwater mark of a waterbody from 30 metres to approximately 27 metres. Site Description The subject lands are located to the southwest of the intersection of Centreville Rd and Devil Lake Rd and occupy a northeastern portion of Lot 18 in Concession 12 of Bedford District in South Frontenac Township. The topography can be described as relatively low-lying in the southeast corner of the lot where the unevaluated wetland is located. Two watercourses run through the property; one man-made channel enters from the northwest corner and connects with the watercourse/wetland in the southeast portion of the lot. The water exits the lot at the eastern property border, via a culvert under Devil Lake Rd. The wetland/watercourse is hydrologically connected to a complex of wetlands/small lakes that eventually drain into Dead Creek. The property slopes up towards a till mound located at the northern section of the lot where the existing septic tank is located. The southern half of the lot is covered in dense woodlands and wetland vegetation, with cleared areas in the northern half where the proposed dwelling and accessory building are located. Staff visited the site on September 1, 2022. The subject lands are designated ‘Rural’ in the Township’s Official Plan and zoned ‘Rural’ (RU) and ‘Environmentally Sensitive’ in the implementing Zoning By-law. The boundary for
Page 1 of 4
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Ms. Hannah (PL-ZNA-2022-0129 (Bercier)) October 11, 2022 the Environmentally Sensitive Lands Overlay appears to roughly coincide with the unevaluated wetland on the property. Discussion The main interests of CRCA in this proposal are the protection natural heritage features (e.g. wetlands and woodlands), the protection of surface water features and the avoidance of natural hazards (e.g. flooding and erosion) associated with those features. Surface Water Features As noted, the subject lands contain a watercourse and wetland that are hydrologically connected to a complex of wetlands/small lakes that eventually drain into Dead Creek. These features provide important ecologic and hydrologic functions including habitat for various species. These features are important in terms of protecting the local environment and overall ecological health in the Township. A suitable buffer area is necessary between any new development and the water features on the subject lands, as a buffer acts to protect the environmental function of this feature by maintaining a riparian corridor and avoiding damaging flooding of property and erosion normally associated with these features. Cataraqui Conservation does not have floodplain mapping in this area – consequently we require a minimum 30 metre buffer (setback) horizontal from the highwater mark of watercourses and wetlands for any development. The 30 metre setback is consistent with the 30 metre setback in the Township’s Zoning By-law. Section 5.2.7(b)(ii)(2) of the Township’s Official Plan considers slight reductions to the 30 metre setback only if it not physically possible to meet the setback requirement, and if the structure shall be constructed as far back as possible from the highwater mark. Similar to the Official Plan, Cataraqui Conservation’s Environmental Planning Policy (EPP) 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 set back as far as possible from the water in all directions, and if the interference on the ecologic function of the wetland has been deemed to be acceptable by Cataraqui Conservation. Based on relevant mapping and observations taken on site, staff estimate that the proposed dwelling is approximately 27 metres from the boundary of the unevaluated wetland, and the proposed car port is located outside the required 30 metre setback. Staff note that due to the presence of the man-made watercourse/drainage channel transecting the property from the north/west, the low-lying wet areas to the south/east, and the existing septic system, the site is considered constrained, and the optimal location for the proposed development is on high and dry land in the northeast section of the property. As proposed, the dwelling and accessory structure are located in this optimal area, are set back as far as possible from the extent of the wetland identified on site while meeting other applicable municipal setbacks, and do not
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Ms. Hannah (PL-ZNA-2022-0129 (Bercier)) October 11, 2022 encroach closer to the water features than the closest point of the existing storage shed (which is approximately 16.5 metres from the watercourse). In the opinion of staff, the proposed development maintains the overall drainage pattern of the site and is not anticipated to negatively impact the ecologic or hydrologic integrity of the wetland/watercourse, and is located in an area that minimizes the risks of flooding and erosion associated with these water features. Staff also recommend maintenance and enhancement of a healthy buffer of native vegetation between all buildings/structures and the wetland and use of runoff controls to direct stormwater from hardened surfaces away from the wetland where natural infiltration can occur. Natural Heritage Woodlands As noted, the subject lands contain woodlands which are mainly limited to the northern property line and the southern half of the lot which is designated ‘Environmentally Sensitive’. The southern woodland may meet the applicable criteria in the Natural Heritage Reference Manual (MNRF, 2010) to be considered ‘Significant,’ based on its proximity to the wetland and watercourse, which likely receive ecological benefit from the woodland. As proposed, the development will be located in the northern cleared areas away from the water features on site. Staff are satisfied that the proposed development can occur without negative impacts to the woodland ecosystem. An Environmental Impact Assessment is not warranted at this time, in our opinion, and staff have no concerns with the proposal from a natural heritage perspective. In order to protect woodland health, we recommend that any future construction and site alteration on the lot follow environmental best management practices, including: that any tree and vegetation removal be limited to the footprint of the building and access route (i.e. driveway) only; that vegetation clearing occur outside the bird breeding season (April 15 to August 15) and documentation of any at-risk species and compliance with applicable species-at-risk regulations (https://www.ontario.ca/page/species-riskontario). Recommendation In summary, staff have no objection to the approval of the proposed development under application PL-ZNA-2022-0129. We also recommend implementation of the above-noted environmental mitigation measures (in bold text).
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Ms. Hannah (PL-ZNA-2022-0129 (Bercier)) October 11, 2022 Ontario Regulation 148/06 Please note that the portions of the subject lands are subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, which is administered by the CRCA. The purpose of the regulation is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected by natural hazards, such as flooding and erosion, and that the changes do not put other properties at greater risk from these hazards. For this property, any development (buildings and structures) and site alteration (excavation, grading, placement of fill) within 30 metres of the wetland and watercourse is subject to O. Reg. 148/06. Therefore, a permit will be required from our office should the application be approved. Please inform this office of any decision made by the Committee with regard to this application. If you have any questions, please contact the undersigned at 613-546-4228 ext. 239, or by e-mail at jtreash@crca.ca. Yours truly, . Janelle Treash Resource Planner cc:
Sarah Cadue, Planner, South Frontenac Township, via e-mail Applicants, via e-mail
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To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: November 10, 2022 Minor Variance Application (S. 45(1) of Planning Act) Subject: PL-ZNA-2022-0129, Louise Bercier, 340 Devil Lake Road, Bedford District
Summary This report recommends that the Committee of Adjustment grant approval, subject to conditions, of this application for zoning relief to locate a single detached dwelling (50 feet by 28 feet) within 30 metres of the high water mark of a waterbody (wetland) on the property. The proposed single detached dwelling will be 27 metres to the highwater mark, whereas the Zoning Bylaw requires a minimum 30 metre setback from the highwater mark. The applicant is also requesting to place a carport (12 feet by 16 feet) in the front yard of the property. The carport will be 22 metres to Devil Lake Road. This application meets the four tests of a minor variance outlined in section 45(1) of the Planning Act.
Background Official Plan Designation: Rural Zoning: Rural (RU) and ‘Environmentally Sensitive’ Zoning Relief Requested for Dwelling Sections 5.8.2(a) and 7.3.2 – to permit a single detached dwelling to be setback a minimum of 27 metres from the highwater mark of a watercourse (wetland), whereas a minimum 30 metre setback is required for all buildings and structures. Zoning Relief Requested for Accessory Building Section 5.24.2 – to permit an accessory building (car port) to be located in front of the projected front wall of the dwelling 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.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
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Township of South Frontenac Staff Report - PL-ZNA-2022-0129, Louise Bercier, 340 Devil Lake Road, Bedford District
Related Applications The lands are not subject to any additional applications under the Planning Act.
Discussion Property Description The subject property is located at 340 Devil Lake Road, southwest of the intersection of Centreville Road. The subject property is 8174.65 square metres (2.02 acres) and 76 metres (250 feet) of frontage on Devil Lake Road. The property is grassed with scattered trees and vegetation throughout the property. The property contains low-lying land on the southeast of the lot where an unevaluated wetland is located. There are two watercourse features that run through the property, one man-made channel from the northwest corner that connects with a watercourse/wetland in the southeast portion of the lot. The water exits the lot at the eastern property line, via a culvert under Devil Lake Road. The property slopes up towards a till mound located at the northern section of the lot, where the existing septic system is located. There are also woodlands east of the property and wetlands south of the property. The property contains an existing storage shed (18.58 square metres), well, and an existing tool shed (3.71 square metres). The property has an existing septic tank and bed that was installed in 2011. Summary of Proposal The applicant proposes to locate a one-storey single detached dwelling, 50 feet by 28 feet (130 square metres) on the highest point of the lot east of the existing septic system. The proposed dwelling would be setback a minimum of 27 metres (88.58 feet) from the highwater mark of the unevaluated watercourse (wetland) and setback approximately 31 metres (101.7 feet) to Devil Lake Road. The applicant is also requesting to place a carport 12 feet by 16 feet (17.84 square metres) in the front yard of the property, 22 metres to Devil Lake Road. The proposed dwelling is setback approximately 30.48 metres (100 feet) from the front lot line and is 6.09 metres (19.98 feet) from the interior side yard. The proposed dwelling is 6.63 metres to the existing septic system. The proposed car port is setback 22 metres from the front lot line, 4.0 metres (13.12 feet) from the interior side yard and 3.04 metres (10 feet) from the dwellings northeast corner. The applicant is proposing to use the existing septic system. The existing storage shed that is on the property will be demolished as the structure does not have a permit and the existing tool shed will remain. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
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Township of South Frontenac Staff Report - PL-ZNA-2022-0129, Louise Bercier, 340 Devil Lake Road, Bedford District
Agency Comments Public Services was not circulated on this application as the proposed dwelling and carport will be more than 20 metres to the front lot line. The property already has an approved entrance. Building Services (Sewage System Review) indicated on October 21st, 2022, that they have no objection to the application, and that design of the existing sewage system appears adequate to serve the proposed dwelling. The required setbacks of the proposed dwelling to the existing sewage system appears in conformance with the requirements. Cataraqui Conservation (CRCA) provided comments on October 11th, 2022, that they have no objection to the approval of the proposed development under application PL-ZNA-20220129. However, Cataraqui Conservation staff did recommend implementation of environmental mitigation measures, such as the maintenance and enhancement of a healthy buffer of native vegetation between all buildings/structures and the wetland, and the use of runoff controls to direct stormwater from hardened surfaces away from the wetland to where natural infiltration can occur. To protect woodland health, Cataraqui Conservation staff also recommended that any future construction and site alteration on the lot follow environmental best practices, including that any tree and vegetation removal be limited to the footprint of the building and access route (i.e., driveway) only, that vegetation clearing occur outside the bird breeding season (April 15 to August 15) and that there is documentation of any at-risk species in compliance with applicable species-at-risk regulations. These recommendations will be included in a development agreement that is a proposed condition of approval. Lastly, CRCA noted that a permit under O. Reg. 148/06 would be required from their offices should the application be approved. The applicant must initiate this application process prior to the building permit stage. Public Comments No comments were received from the public at the time of the writing of this report. Planning Analysis The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. It is the opinion of Planning staff that the proposal meets the four tests as explained below.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
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Township of South Frontenac Staff Report - PL-ZNA-2022-0129, Louise Bercier, 340 Devil Lake Road, Bedford District
Does the variance maintain the general intent and purpose of the Official Plan? The proposed variance maintains the general intent and purpose of the Official Plan related to rural residential development, and development adjacent to environmentally sensitive areas. The variances would facilitate construction of a single detached dwelling and an accessory building (carport) on lands that are designated Rural in the Official Plan on Schedule A. Section 5.2.7 of the Official Plan speaks to ‘Environmentally Sensitive Areas’ stating that where development and site alterations are proposed in Environmentally Sensitive Areas, it is the intent of this Official Plan that all buildings, campsites and structures not related to the use of the water and all sewage disposal system leaching beds be well set back from the highwater mark. More specifically, a minimum setback of 30 metres (98.4 ft.) from the highwater mark shall apply but greater setbacks may be required depending on conditions specific to individual sites. The subject lands contain a watercourse and wetland that are connected to a complex of wetlands/small lakes that eventually drain into Dead Creek. A suitable buffer is necessary between any new development and the watercourse features on the subject lands. The Township Official Plan, Section 5.2.7 (b) (ii) (2) considers slight reductions to the 30-metre setback only if it is not physically possible to meet the setback requirement, and if the structure will be constructed as far back as possible from the highwater mark. Cataraqui Conservation staff also estimated that the proposed dwelling is approximately 27 metres (88.58 feet) from the boundary of the unevaluated wetland, and the proposed car port is located outside the required 30 metre setback. In addition, CRCA staff stated that due to site constraints (i.e., existing septic system, presence of man-made watercourse/drainage channel, low-lying wet areas to the southeast) that site is considered constrained and the optimal location for development is on high and dry land in the northeast section of the property. Based on the assessment provided by Cataraqui Conservation, Township staff conquer that the proposed dwelling and accessory building are is in the most optimal area. All the other existing buildings and structures are outside of the 30 metres from the highwater mark. Planning staff concur with Cataraqui Conservation staff that there would be no benefit to requiring an EIA given that as proposed the development will be nearly in compliance with the 30 metre setback, a difference of 3 metres. The proposed development is also located in the northern cleared areas away from the water features on site
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 203 of 368
Township of South Frontenac Staff Report - PL-ZNA-2022-0129, Louise Bercier, 340 Devil Lake Road, Bedford District
Does the variance maintain the general intent and purpose of the Zoning By-law? The proposed dwelling and accessory buildings (carport) are permitted uses in the Rural zone. Section 7.3.2 of the Township Zoning Bylaw states that the setback from the high water mark for single-detached residential uses is a minimum of 30 metres (98.4 feet). As stated, the proposed dwelling is 27 metres to the high water mark. While the proposed dwelling is deficient 3 metres, it does meet all the other zoning requirements as follows: •
The proposed dwelling will be 3.66 metres (12 feet) in height, less than the maximum 11 metres (36.1 feet) for single detached dwellings in the Rural Zone.
•
The car port will be 3 metres (10 feet) in height, less than the maximum 6 metres (19.7 ft.) building height for accessory buildings in the Rural Zone.
•
The proposed dwelling will be set back 30.48 metres (100 feet) from the front lot line and the car port will be setback 22 metres (72 feet) from the front lot line, exceeding the front yard setback for single detached dwellings in the RU Zone.
The proposed dwelling is proposed as far as it could be from the wetland and meets all other applicable zone regulations. The proposed dwelling and car port would result in 1.86 % total lot coverage. Therefore, the proposed variances maintain the general intent and purpose of the Zoning By-law. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The proposed dwelling is an appropriate development or use of the land as the site is constrained and the optimal location for the proposed development on high and dry land is the northeast area of the property. The proposed dwelling requires relief because it cannot move closer to the lot line because of mature oak trees on the property and an existing septic system. The proposed location is the highest point of the lot and CRCA staff indicated that the proposed development maintains the overall drainage pattern of the site and is not anticipated to negatively impact the integrity of the wetland/watercourse and is located in an area that minimizes the risks of flooding and erosion associated with these water features. It is desirable for the proposed car port to be located in the front yard as its an optimal area for development and set back as far as possible from the extent of the wetland on site. Locating the car port in the front yard allows for the use of the existing driveway and this location will not encroach closer to the water features. The proposed car port is in a location www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 204 of 368
Township of South Frontenac Staff Report - PL-ZNA-2022-0129, Louise Bercier, 340 Devil Lake Road, Bedford District
that maximizes its setback from the highwater mark and considers the topography of the property.
Is the variance minor? The requested variances are minor as they maintain the general intent and purpose of the Official Plan and Zoning By-law and are desirable for the appropriate development of the land. The proposed development is a permitted use in this zone and is not anticipated to impact adjacent properties. Discussions with the property owner and the Cataraqui Conservation have already occurred prior to the application process to ensure that the location of the proposed development was located furthest from the wetland as possible. The applicant has also agreed to work with Cataraqui Conservation to replant trees and native vegetation to enhance a healthy buffer between all the buildings and structures and the wetland.
Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing. This included notice given: • • • •
by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies
Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2022-0129 for the property at 340 Devil Lake Road, subject to the following conditions.
- The minor variance is for a single detached dwelling to be located 27 metres to the high water mark of the waterbody (unevaluated wetland). The car port is permitted to be located in the front yard of the dwelling, and setback a minimum of 22 metres from the front lot line. The development must be consistent with the drawings received with PLZNA-2022-0129, attached to the Decision as Schedule “A”.
- The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township:
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Page 205 of 368
Township of South Frontenac Staff Report - PL-ZNA-2022-0129, Louise Bercier, 340 Devil Lake Road, Bedford District
a. The use of appropriate erosion control measures (e.g., silt fence, straw bales) during construction. b. Roof runoff will be discharged into infiltration trenches or onto coarse rock rubble splash pads. c. Efforts shall be made to maintain and enhance a healthy buffer of native vegetation between all buildings and structures and the lake. d. That any tree or vegetation removal be limited to the footprint of the building and access route (i.e., driveway) only; that vegetation clearing occur outside of the bird breeding season (April 15 to August 15) and documentation of any at-risk species and compliance with applicable species-at-risk regulations. 2. A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac. 3. Minor variance PL-ZNA-2022-0129 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Report Prepared By: Sarah Cadue, M.P.L., Planner Reviewed By: Christine Woods, MCIP RPP, Senior Planner
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Page 206 of 368
Page 207 of 368
1 .
is
by
require
Please
completed
that
of
and
and
the
a permit
application).
KFL&A
Standard Major
Rideau
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Cataraqui
Minor Minor
Valley Conservation (additions & other construction and/or new
Authority
minor
this prior
Review
on
works)
Authority
fees
Authority
Performance
Unit
Fee:
of
$94.00 $94.00 $94.00
Building
South
accordance
the
Admin
with Frontenac.
referred
with
By—|aw.
be filed SKETCH
Zoning
only: application to construction. any
or
str uct ure
$380 $51
$341
$400
$450 $700
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Auth toority K F the T L o & w these a A ns g hi e p n ci es
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building
Committee
1 3,
by Townsh Chapter ip P.
Health Unit and Conservation (Separate payable cheques, Authority, be are to submitted to
the
970.00
,290.00
consultation and
Conservation
Health Only VVITH
are for applications
Conservation
Region
Public Variance Variance
fees permit
Township
the
the of land, Plan. ‘al
provided
1990,
appointed
FRONTENAC OR PERMISSION
2020 persons Act R.S.O.
use Offi
with the FEE in
Planning $940.00 $1 $1
the the
application
of of
or
eight of Planning
January,
provisions
development purpose purpose
By-law
45
Committee
a that Fee be for provided when submitting an application applicable Conservation
without
Type:
of
Note: These additional
It is required applicable) Health and/or
general
appropriate intent intent
Zoning
is a Section by—law.
Updated
TOVVNSHIP OF SOUTH FOR IVIINOR VARIANCE
(1) this one of copy Adjustment. together by a NON-REFUNDABLE made payable cheque to the
Agplication 1-3 Variances Variances 4+ bul ding After
accompanied or debit
It is required Committee
the
vary
zoning
general
nature
for
Requirements
in
the the
a
Adjustment under
may
of formed from
is desirable Maintains Maintains ls minor
variance:
Committee
variance
the
Application
The that
minor
Committee Committee
The
APPLICATION
Page 208 of 368
READ as
THIS
OF
SOUTH
ITEIVI
Planning
CAREFULLY
FRONTENAC Act, R.S.O. c.
P.13
APPLICATION
1990,
as
FOR
amended
IVIINOR
VARIANC E
of
lands
applicant
Personal Information
t t a c
Personal herein is information requested under the Planning required Act. This information be used by the Committee will Adjustment/Land of Division e reviewing of purpose the above referenced and application, be made may boards, Commissions, Agencies Authorities, and Persons having interest an . Any the collection questions regarding of this should be directed information Treasurer the of Committee (P.O. Box Sydenham, of Adjustment 100, Ont.. 376-3027 ext.2224).
Collection
abutting
Each
shall a sketch provide the dimensions showing of the subject outlined 29 the in of Question application. The sketch sho dimensioned uld and scaled either or in Imperial Metric This measures. sketch, the is the Application basis the analysis the for of Minor Variance Form. Adjustment. Committee of It is strongly recommended that the applicant spen time to and thoroughly d t carefully assemble the data and transfer the data that the important sketch be drawn with accurate dimensions and measu which application does not include the above remen required information not may ts. this the wish regard, applicant to secure the assistance may of a person who such sketches. drafting of answering the A guide to is application questions a
PLEASE
TOVVNSHIP
Page 209 of 368
Page 210 of 368
nature
the
to
Please indicate (l.e. residence.
the
nearest
used
-O’Yes
garage,
whether
existing
public
be
subject
to
there shed,
uses
etc.)
are
the
CINO
of
and
property
the
any
EXISTING
land?
preferred to
buildings
FOR
or
of
the is
in
structures
of Also the
the
the
Zoni ng th e the road
390’
VARIANC E
on
the
from
parking
I3/Ves
to
front
facilities
house. closer
indicate these
road?
location
behind
is
of
IVIINOR
road/lane):
amended
provisions
(on
as
location
the
please
be
distance
only,
0
maintained
preferred
garage
The
the
with
dwelling
comply
the
7aC
By—law:
Area:
Frontage
land.
APPLICATION c. P.13
1990,
Zoning
is by water approximate
municipally El Yes
subject
the
a
allow go there.
not
of
the
subject
and
cannot
front
from
allow,
use
will couldn’t
not
front on road?
used road.
garage
setbacks
will
the
land:
of
FRONTENAC Act, R.S.O.
in
relief
subject
area
building
of
the
the
and
proposed
rnaintained
or
the
SOUTH
Planning
140’
OF
site
property
so
Road
Road/Lane: Green
are
Residential
What
and
of
the subject a privately
If access facilities
Charlie
Name
OR
Does
the the
waterfront
of
why
the
extent
accessory
and
of
depth water):
zoning
The terraln and through it already, area. cleared
nature
reason
an
1300’
current
Build
The
The
To
The
Rural
The
Depth:
(on
frontage(s),
Frontage
The
TOVVNSHIP
Page 211 of 368
answer
Lot
Setback Side
‘I4.Are
to
Residential
13.The
(If
from
Area
be
any
High
of
building(s) on built the
proposed
Mark applicable)
Water
Setback
Floor
Dimensions
to
uses
B_ujI_ding
Line
from
Line
from
Line
“"::’.,’:,“;$:::;;’:.;f,:’"°
Heigy-t_of
Lot
Rear
Setback
Lot
from
of Structure residence)
If the
Setback Front
Type (E.g.
TOVVNSHIP
30’
50‘
400’
400’
+1-
SF
68’
the
X
yes.
subject
zstorey
+/—
+/—
+/—
+/—
is
Q/Yes
or struc(ure(s). subject land?
of
400’
2400
38’
1 1
SOUTH Planning
Dwelling
(1)
item
OF
or
El
No
additions
(2)
EACH
land:
for
FRONTENAC Act, R.S.O.
to
building
as
FOR
amended
bui|ding(s)
(3)
structure
P.13
or
existing
C.
APPLICATION
1990,
or
indicate:
VARIANC E
structure(s),
IVIINOR
Page 212 of 368
lf
two
NOTES:
(If
your
If yes.
Do
and
lot
applicable)
one
please
plans
14
OF
is
+/—
40’ X
include provide
60’
total
details:
any
size
is
of
from the
high
waterfront,
(2)
of
on
rnark relate
existing
building.
and
(3)
private be will to the
a
FOR amended
or
VARIANC E
structure
NIINOR
El
Yes
the lane, setback same. the CONSTRUCTION NEVV
building
as
structures?
addition,
APPLICATION c. 1990, P.13
water
proposed
R.S_O.
in this question the completed
on
each
Act,
FRONTENAC
DEMOLITION
required
setback
for
Garage
Storey
property
1000’
19’
1 00'
S’n9’e
+/—
-1-/— 1000'
70‘
yes,
SOUTH Planning
Detched +/—
(1)
item
subject
to
and the dimensions the NOT to
If the line The
Mark
from
Setback VVater High
Outside
or
II‘ It Is story)
Building
Line
from
Line
from
Line
of
story
Indicate
of
Lot
Lot
Lot
frorn
Dimensions Buildinglstructure
(Also
Height
Side
Setback
Rear
Setback
Front
Structure
answer
residence)
of
the
Setback
Type (E_g.
TOVVNSHIP
Page 213 of 368
21
storm
swales
Is
Private
privy,
or
drainage
sewage
provided
system
sewage system, other means:
sewage
whether
is
the
by
sewers,
an
existing
fixtures
the
ditches,
provided owned
to
swales
or
subject operated
the
by
have
other
land individual
by
a or
land
FOR
Yes
the
Yes
or
a
a
and
publicly communal
means?
by
owned well,
continued:
on
|:I
CI Yes
ow ned
ted
era lake,
op
la n ds :
12
E/
’N
‘2
N
(o
o
No
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1a
’
No
D
VARIANC E
subject
IVIINOR
CI Yes
[I
amended
publicly communal
owner:
constructed
land individual
subject
were
current
encroach
and
the subject operated
of
structures
by
system?
the
bedrooms
as
structure?
APPLICATION 1990, P.13 C.
development?
of
structure
uses
to
is
and
disposal privately a
provided owned
septic
and
existing
was
of
space
or acquired
living
plumbing
number
proposed
addition existing
buildings
land
Indicate
water
water
that
privately
means:
a
time
currently
whether
of
existing
subject
the the
operated
Lake
body,
water
the
the
on
Will
in
Increase
(c)
(:1)
in
Increase
the
(b)
of
in
uses
details:
the
FRONTENAC Act, R.S.O.
RAISING
SOUTH
Planning
Increase
the
provide
include
OF
(a)
system, or other
unkown
length
date
2019
date
VVhat
plans please
are
your
If yes,
Do
Indicate
.The
2022
20.The
July
1Q.The
‘I8.
TOVVNSHIP
Page 214 of 368
Please
*”Note:
If
answer
application.
The approximate location the land that is adjacent watercourses, drainage wells and tanks. septic lines.
V)
to
distances
location
importance
property
The
The
iv)
to
all
a
line
on—site IS
abutting
lot
reference
be varied, and should
of
The location of nearest township
HAVE
of
(neighbours’)
abutting
REQUIRED be prepared
and
file
an
file
subject
AT
ever
including
features
from
OF
crossing.
subject
la n
an d
of
Pl a n ni n g
barn of s, si ga ni s fi ca nt
the subject buildings, wetlands, the applicant’s
on
THE location
subject
the the railway
TOP
the
VARIANC E
application
application
the
the
under
MINOR
features include barns, banks.
between bridge or
artificial Examples
stream these
the
been
THE
of
number of
FOR amended
and owners’ fields wells, septic be shown. to The is SKETCH carefully. as neatly and accurately
of
or
land.
and
lands.
as
application
land
number
ARROVV
following:
the
the
the
of
P.13
land has Variance).
give
subject
C.
APPLICATION
1990,
. . . . ..i.e. distance landmark such as a point
of
NORTH
the
all natural the subject ditches, river distance Show to
or
A
showing
give
(l/linor
subject
please
is Consent.
land
the Act
please
yes,
or
FRONTENAC Act, R.S.O.
and dimensions buildings.
iii)
boundaries proposed
MUST
yes,
The and
*"
is
No
Planning
submitted
27
D
is
whether
25
ii)
be
item
SKETCH
must
to
indicate the of
question
S/No
subject
THE
SKETCH
the
Yes
43
the
SOUTH Planning
Subdivision
OF
i)
A
the
El
If known, please under Section
of
of
whether Plan
Yes
a
answer to application.
El
of
indicate
If the the
approval
TOVVNSHIP
Page 215 of 368
Page 216 of 368
and
someone
come
may
acres:
phone
to
appear the full
in
not for
All
in on
—
should
behalf
address,
section.
your
this ing
number
act
ma
other
are
of
the
question
private
with
looked are
seeking that or
words,
(not shared
the water, embankment.
you
In
this
pre—consuItation
aware
of
FOR
complete
during appear
even
if the here
in
sep arat posta l e
VARIAN CE
variance owner’s All
live with
Form
MINOR
they
amended
Variance
as
with
zoning
you
after
by
driveways, others).
the
of
25
are
a
rather
to
lanes
uire an d the
req
d o th an
that
private
the to from
on
structure accessory
an
rn
Township;
but
property
asking
staff.
your
completed.
not meet add to further
to be height construct can you variance a developing
why
on
be
planning
must
is asking what question be that asking are you asking to increase the seeking variance a to building.
be
parts
Municipally maintained roads residents maintain themselves and that are property generally
Roads: that
for
water front
you
You
area,
Reason comply: why can’t you could because for example, be. that is already too close to because impossible of a steep
your
be
the
Completing Minor
APPLICATION c. P.13
1990,
FRONTENAC R.S.O. Act,
of Relief: This it could example, that or are you mark. or that are mark, you lot line than the principal
Extent
—
Nature and variance high water
high the to
appoint address
to must
zoning:
depth,
District: the roll
when
Current
to
Guide
SOUTH Planning
owners should
A
OF
the Land: Subject The Districts the are same as the former a Townships. If you number (the r number beginning with 1029) long on tax your e are or 020 district is O10, Bedford; numbers your are if the 040-050 030. numbers Loughborough; are or if the 060 district is , Storrin 070, your gton: numbers are district is Portland. 080, your Concession and Lot Numbers: are if you not sure, check bill tax your Number: Your civic Street address civic number has not if a been as si space blank. gn Name of This Road/Street: question whether applies or not are o you ed n a road. public , Plan No: Reference If your has been surveyed, it will property a have one or more on that parts plan. If your has not been surveyed, property blank. Roll No: This is the number beginning with which ‘1D29’ on appears y ur take time look to it up submitting the before application. of
wish name,
determined
Frontage,
f.
e.
b.
a.
Description
authorization.
may
You
names all of address(es)
the
person’s
The and
TOVVNSHIP
Page 217 of 368
Parking
Proposed
take
Water
years,
Length
Date
19)Date
would space.
may
of a
and
to
you
This
If
columns.
construct
construction:
—
an
includes
find that,
acquired:
supply: water
uses:
most from a
in
existing 18 months?
buildings:
lake.
are
the
example,
If you
you
answer
not
take
e.g.
words.
—
deck
must
you
on
all
sure, has
in
screened
part
you
will
the
be
your
the
been
of
private
land
provide
it
bui
to
add
cannot be the Committee to permission clear that there
the
development and
be
departm
deck,
well,
used
best
for
on
some
residential
estimate.
but
property?
is
add
ent. accomplished the at
ing
property,
systems. must a
on the septic
wate rfron t
demoliti on proposing raise the bui to ldi ng this increase of question. An an would involve porch
granted made
possession
a
new dwelling,
ANYTHING garages,
o f pl e as as e to con strul ct
now,
access
VARIANC E
sections dwelling,
land
only
IVIINOR
property
can
your
the
complete
on
from height clear to
a
decks,
build
permit are not
are each
you
increase not made
a
proposed ALL addition to
have
a
FOR
amended
recreational
is
as
this be the question same will vacant, and planning are you 10 would be recreational “vacant
to
is
You
planning to additions,
answer
walls did
For
cases
VVhen
with
there
structures
vacant
relevant
APPLICATION c. 1990, P.13
only
or
“residentiaI"
although you
other it.
Please
In
because under
it
Structure:
do
is
business,
section
answer currently
in be
are
is
If
structures:
buildings
the
property.
residence.
your
ANY
basement
actually
of you
of
are
retail
question
FRONTENAC R.S.C). Act,
demolition All requires a addition proposed or existing walls. is If this
in
new
“yes”
separate
is
structures:
existing
or
land of
the
Development: include anything
their
construct of
removal process, can’t you
instances.
Demolition:
are you information
on
This
Uses: Generally, the land example, use to be described section 13 would in
from
of
SOUTH
Planning
residential,
OF
buildings
there
“yes".
If
e.g.
Docking:
of proposing
question
Description
this
Proposed
but if, for then the described
18)Uses
is
Uses:
and
Description each structure separately
17)Raising
Buildings:
question
Existing
water.
TOVVNSHIP
Page 218 of 368
Septic:
most
SKETCH: complete
If
has
as
this
We
or to
if
not
sketches drawn
do
the
be
an
been
signed the
(PLEASE
or
in
on
variance
of
a
A
do
application it or
can
commissioner
RULER),
scale,
of
the
in be
will
not
with
a
were.
professi
of
oaths signed
of front
pro per ty?s e l pll e ea ser
the
onal show be not
a
detailed,
property,
the re with
the other the
on
but
VARIANC E
consent
deal
granted on aware of any a new owner,
importance to contract
to
for
to
system,
NIINOR
or subdivision information)
application
the application,
front sign
FOR
amended
constructed
granted of the
USE
need
drawn
the
variance the details
as sewage
a minor variance probably be will by-law. are If you
application, sign must
Must
enough
have
for severance this provide
necessarily are not
neatly
that
been
what
previous
and
not
stress
a
that
private
APPLICATION c. 1990, P.13
be
currently
help
you
zoning
ever
can
application
there
ditches
will
FRONTENAC R.S.O. Act,
answer
property, the to this. of
there
been known,
You
cannot
has
aware
of
Inden1n’fy: submi ing owners All
are
but
sketch.
Is
is a current number. (Staff Has the variance
there number
you
a
owner
done before commissioners. been appointed.
Agreement
the sketch, distances,
If yes: application
for
made
have
granted
Minor long—time
variance:
If there the file
If yes: indicate
property?
consent:
specific
the
SOUTH Planning
the
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TOWNSHIPOF SOUTH FRONTENAC PLANNINGDEPARTMENT
NOV0 1 2022
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Page 220 of 368
LITTLE LONG LAKE RD
CHARLIE GREEN RD
2061 CHARLIE GREEN RD
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2020. 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: 1:2,500 0
25
50
100 m
UTM Zone 18 NAD 83
Date: 2022-09-21
To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: November 10, 2022 Subject:
Minor Variance Application PL-ZNA-2022-0134, Ethan Gurr, 2006 Charlie Green Road, Loughborough District
Summary The subject application seeks zoning relief to permit an accessory building (detached garage) in the front yard, whereas Section 5.24.2 of the Zoning Bylaw requires an accessory building which is not part of the main dwelling to be erected to the rear of the projected front or exterior side wall of the dwelling. This report recommends that the Committee of Adjustment grant approval of this application subject to conditions, as this application meets the four tests of a minor variance outlined in section 45(1) of Planning Act.
Background Official Plan Designation: Rural Zoning: RW – Waterfront Residential Zone Zoning Relief Requested: Section 5.24.2 – to permit an accessory building (detached garage) to be located in front of the projected front wall of the dwelling, 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. Related Applications The subject property is not subject to any other applications under the Planning Act.
Discussion/Analysis Property Description The subject property is located at 2006 Charlie Green Road, off Norway Road. The property is approximately 28328 square metres (7 acres) and has waterfront on the north side of the www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 221 of 368
Township of South Frontenac Staff Report - Minor Variance Application PL-ZNA-2022-0134, Ethan Gurr, 2006 Charlie Green Road, Loughborough District
property on Mica Lake. The frontage on the water is 42.67 metres (140 feet) and the frontage on the road is 119 metres (390 feet). Glass Lane runs through the lot from the east lot line. The surrounding lands are forest and residential. The subject property is developed with a 2-storey single detached dwelling and attached garage which is setback approximately 121.92 metres (400 feet) from the high water mark of Mica Lake. The property contains a driveway off Charlie Green Road which leads up to the dwelling and attached garage. The proposed area of the garage has been slightly cleared, but the remainder of the lot is heavily treed with large mature trees. Summary of Proposal The proposal is to construct a 222.97 square metres (40 feet by 60 feet), accessory building in the front yard of the property. The proposed detached garage will be accessory to the principal dwelling and built off the existing driveway approximately 21.33 metres (70 feet) to Charlie Green Road and 20.1 metres (66 feet) to the front lot line. The proposed detached garage will be a single storey, 5.8 metres (19 feet) in height and setback approximately 304.8 metres (1000 feet) to Mica Lake and approximately 15.24 metres (50 feet) to Glass Lane in the middle of the lot. The proposed detached garage would be approximately 30.48 metres (100 feet) to the side lot line and 137.16 metres (450 feet) to the dwelling. The proposed detached garage is approximately 152.4 metres (500 feet) to the sewage system. The intended use of the proposed garage is for storage and storing vehicles. Department and Agency Comments The application did not meet the criteria for circulation to any departments or agencies. Public Comments No comments were received from the public at the time of the writing of this report. Planning Analysis The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. It is the opinion of Planning staff that the proposal meets the four tests as explained below. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 222 of 368
Township of South Frontenac Staff Report - Minor Variance Application PL-ZNA-2022-0134, Ethan Gurr, 2006 Charlie Green Road, Loughborough District
Does the variance maintain the general intent and purpose of the Official Plan? • The proposed variance maintains the general intent and purpose of the Official Plan. The subject lands are designated Rural in the Official Plan on Schedule A. The accessory building is an accessory use consistent with the permitted residential use of the property. The proposed detached garage will be setback more than 30 metres from Mica Lake. 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. The subject property is zoned RW – Waterfront Residential and the proposed detached garage is a permitted accessory use. The RW – Waterfront Residential zoning on the property considers the land between Charlie Green Road and the dwelling to be the “front yard”. Accessory buildings are not permitted within the front yard as of right. However, the location of the proposed garage is logical for the development and will meet all the other zoning regulations as follows: •
The proposed detached garage exceeds the 30-metre setback requirement for an accessory building to the high water mark as its 304.8 metres (1000 feet) to the lake.
•
The proposed detached garage will meet the minimum side yard setback for accessory buildings (3 metres is required, whereas 30.48 metres (100 feet) is provided).
•
According to the application, the proposed detached garage will be setback 21.33 metres (70 feet) to Charlie Green Road and 20.1 metres (66 feet) to the front lot line which is consistent with the minimum 20 metre (65.6 feet) front yard setback required for the single detached dwelling in the RW Zone. The setback is slightly greater than what’s required for a dwelling.
•
The proposed garage does not exceed lot coverage for accessory buildings, and the proposed detached garage is not larger than the principal building. The lot coverage for the accessory building is approximately 0.8%
•
The proposed garage building height is 5.79 metres (19 feet), which complies with the Zoning Bylaw maximum accessory building height of 6 metres (19.7 feet) for the RW Zone. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question?
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 223 of 368
Township of South Frontenac Staff Report - Minor Variance Application PL-ZNA-2022-0134, Ethan Gurr, 2006 Charlie Green Road, Loughborough District
• The requested variance is desirable for the appropriate development of the land. Locating the proposed detached garage in the front yard protects the environmentally sensitive lands between the dwelling and the lake. As a waterfront property, it is preferable to have the accessory building in the front yard, between the dwelling and the road, rather than between the dwelling and the lake, to avoid any impacts to lake water quality. • The proposed detached garage will be located off the existing driveway and surrounded by the forested area such that it would not be visible from the road. The proposed detached garage will be set back from the road and there is enough tree cover to visually screen the proposed detached garage from the road. •
The terrain of the lot and the waterfront setbacks won’t allow for the proposed detached garage to be constructed behind the house. The lot is also further constricted by the setbacks of the lane though the lot, so the proposed garage can not be constructed closer to the dwelling. The preferred location is closer to the road, where the proposed detached garage is not within the waterbody setback and there is an already cleared area.
•
The proposed accessory building will be visually screened from the lake by distance, topography, and trees.
Is the variance minor? •
The requested variance is minor as it maintains the general intent and purpose of the Official Plan and Zoning By-law and is desirable for the appropriate development of the land.
•
Staff do not anticipate any significant adverse affects as a result of the requested variance. Due to the amount of tree cover on the lot, the size and the massing of the accessory building is not likely to affect neighbouring properties.
•
There are no plumbing fixtures proposed and the structure will not encroach on the existing septic system.
•
The lot area (7 acres) allows for a larger accessory building on the property and is consistent with other accessory buildings sizes for the area.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 224 of 368
Township of South Frontenac Staff Report - Minor Variance Application PL-ZNA-2022-0134, Ethan Gurr, 2006 Charlie Green Road, Loughborough District
Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing. This included notice given: • • • •
by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies
Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2022-0134, subject to the following conditions.
- The minor variance is to permit a 222.97 square metres (40 feet by 60 feet) accessory building (detached garage) to be located in front yard of the property, and setback a minimum of 20.1 metres (66 feet) from the front lot line of the property, per the site plan drawing, which was submitted and received with PL-ZNA-2022-0134 on November 1st, 2022, attached to the Decisions as Schedule “A”.
- A building permit is required for ALL demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac.
- Minor variance PL-ZNA-2022-0134 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Report Prepared By: Sarah Cadue, M.PL., Planner Reviewed By: Christine Woods, MCIP RPP, Senior Planner
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 225 of 368
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for
come
area,
Reason could
lot
mark.
front
mark,
water
——
and
water
Nature variance
you
zoning:
depth,
Current
when
Frontage,
name.
wish
Guide
SOUTH Planning
owners should
A
OF
o c e the Subject Land: of Description s a. District: are same as are The Districts the the former Townships. If you sI on the roll number (the long number beginning with 1029) bill. tax your .f or your 020 district is are 010, 030, numbers Bedford; 040-050, if the Loughborough; are or your numbers 060 district is Storringt 070, if the on: are your numbers district is Portland. 080, b. and Lot Concession are your Numbers: not sure, check tax bill if you c. Street Number: Your civic address civic number has been assi not if a gne space blank. d, . Name Road/Street: or you are on This whether not of question applies a road. public e. your Plan No: has been surveyed, it have Reference a If will property one or more on that property has not been parts plan. surveyed, If your blank. Roll No: This is the number beginning which ‘1029’ on with f. appears you r take time submitting to look it up the before application.
may You person’s authorization.
the
The and
names all of address(es)
TOVVNSHIP
Page 237 of 368
Parking
Proposed but for if, then the described
1 3)
Description
actually
instances, existing of ?nd may
Demolition:
are you information
Water
their
Length years,
Structure: under
to
and If
ANY
Act.
are If you includes
the is
a
of
acquired:
from
in a
most lake.
uses:
an
cases
are
you
—
the
e.g.
are
answer
not
take
answer
example,
you
on
must
you
on the
to
part screened
will
has
sure,
be
the
private
land
provide
of
proposing
possession
a
each
you
in
dwelling,
new
on
and
to
septic development
ANYTHING garages,
raise
a
must
your
the
well,
been
of
but
used
best
for
some
property?
be
departme nt. wit ho of ut reside nce, involve d. in
deck,
n “,
as th e const ructla
increase An an involve
building
waterfront
residential
estimate.
the this question. would porch
to
to
property, systems.
add
the
th e this describe of
now,
access
VARIANCE
the building from permit height be cannot accomplished beginning Committee to the at the on your to add to permission it clear that there is demolition
a
a
build decks,
same the planning recreational
please
sections
land
only
MINOR
property
can
FOR amended
recreational
is
as
all complete dwelling,
your
vacant
relevant
structures
ALL proposed addition to
planning additions,
words,
walls did
For
if
Please with
other
When
In
buildings:
months?
existing 18
it.
You deck
or
business,
only
APPLICATION c. P.13
1990,
answer to this be question will you are currently and vacant. section 10 would be “vacant in be “residential”
structures: there is
buildings
retail
is
R.S.0.
FRONTENAC
question
construction: construct columns.
This
anything
Development:
of
supply:
water
in
new
—
separate
“yes”
structures:
of proposing
is
in
existing
or
of
20)Date
land
are
residential.
This
Generally, the land be described section 13 would
Uses: example. use to
include
of
19)Date
space.
18)Uses would
17)Raising a basement
question
If there “yes".
e.g.
Docking:
SOUTH Planning
buildings of on your property. residence.
is
Uses:
and
OF
demoli ion All requires a proposed or increase addition walls. is not made clear If this you are although granted that. you do it because have made not
Description structure the from
1 2)
Proposed
Buildings: question
Existing
water.
TOVVNSHIP
Page 238 of 368
most
Are drainage,
in
yes:
there
has
the
if
known.
been
zoning
property,
Has
and
provide
for
an
a
the
system,
consent
of
front
of
or the sign application,
a
or
it
application
can
commissioner
deal
there
on
the
with
may
VARIANCE
(severance)
in be
a detailed, a professional dimensions accepted.
any
granted
to
but
MINOR
or subdivision information)
for
of importance contract with do show not not be will
in
FOR amended
constructed
as
of
oaths signed
of front
and
to
accurate,
f f
t b a y
s
on the property? other special pe r new owner, the seller prob will mi ably ssi on on the property, granted ple ase were. the variance of
variance aware be
severance this
variance the details
be signed application, sign must
Must the
been
sewage
application
have
private
APPLICATION c. 1990, F’.13
a minor probably are If you
what
previous
ever been you will by—Iaw. a
that
be
Agreement Indemnify: to this done before submitting as owners commissioners. All has been appointed.
there number
this.
to
the
currently
will
application can help
there
ditches
answer
R.s.o.
If
of
is
specific
the
Act,
FRONTENAC
SKETCH: We cannot stress enough the sketch. You do not necessarily need to are but sketches that drawn not to scale, not drawn neatly (PLEASE RULER), USE A
application
If
aware
SOUTH
Planning
is a current (Staff number.
consent:
etc.?
there
cases
OF
you
Minor variance: owner time of a variance for
If there the ?le
If yes: indicate
for Application the property?
for
Drainage: natural
Septic:
TOWNSHIP
‘STE/Y
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Page 239 of 368 ‘-
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Chief: BC
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Cluuknu‘ By:
TOW 34. NSHI P
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PROJE
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LAND SURVEYOR TY Ontario SLand Surve
HOPKINS CHIT
lnslrummx:
Found Survey Wood Stake Subject To
534-686 NORRIS COURT KINGSTON.ONTARIO K71’-2R9 ) 884-9266 ( Fa: (swag354-3513
Pu‘:-ly
DATE: MAY 5. 2021
LEGEND:
THIS IS NOT A PLAN OF SURVEY TO BE USED FOR THE PURPOSE A 5‘ THE TITLE’ BLOCK.
NOTE:
Page 240 of 368
;
La,/Ce
Page 241 of 368
C-_
additional
Please
Rideau
Quinte
Cataraqui
system
Minor
ll/linor
Township Minor
of
the general general
nature
for
intent intent
appropriate
Zonlng
and and
is
Region
Conservation are
Authority
Conservation
Note: These fees permit applications
Valley
Frontenac
that a Fee Authority the applicable application).
without
T¥pe:
a
Planning
for consultation and fees prior
Authority
Authority
Review a new
Conservation
Class
to
Fee:
any
on
or
building
Committee
or
stru ctur e
1 .
by Townshi Chapter p P.
only;
sewage
be
these
onsite an application submitted
review
$97.00 $97.00
Admin
( the Sepa T rateo w ns hi p
agencies
to
sewage
Fee:
with the Secretary— Treasurer 3 (below to in Note ), chart below in Cash,
By-law.
Building
5
the
1990,
appointed
PERMISSION
the land, Plan.
$97.00
this application construction.
2,
OR
filed referred
the
be
Zoning
of Official
use
provided
to Township when submitting are to Authority,
the
$2,058.00
$979.00 343.00 $1
be provided for (where applicable)
perrnit
Only Performance WITH with combination in a than system Class A
South
Conservation
other
Variance Variance Variance
of
payable completed
to
required
building
Conservation
It
After
Agplication 1-3 Variances Variances 4+
in of
or the the
this application with the SKETCH accordance with Frontenac. South
of
purpose
of
of
provisions
eight of Planning
2022
FRONTENAC
persons Act R.S.O.
SOUTH VARIANCE
January,
development purpose
By-law
Committee 45 of the
Updated
TOVVNSHIP OF FOR MINOR
It is one that (1) required copy Committee of Adjustment, together by a NON-REFUNDABLE FEE made payable the to Township
Requirements
in
the the
vary
a
Section by-law.
is
APPLICATION
Adjustment under zoning a
may
from
formed
ls desirable Maintains Maintains ls minor
variance:
Committee
variance
the
Application
The that
minor
is
FRONTENAC
SOUTH
Committee Committee
The
x\.
Page 242 of 368
as
THIS
OF
SOUTH
ITEM
Planning CAREFULLY
FRONTENAC Act, R.S.O.
APPLICATION P.13 c. 1990, as
FOR amended
MINOR
VARIANCE
shall sketch e a prov‘ the dimensions the subject showing of outlined Question 29 the The n of sketch application. shoul d and scaled either or Metric measures. in imperial This sketch, i n is the basis Form, the analysis the Minor for of Variance Committee Adjustment. It is strongly of recommended that the applicant spend time carefully and thoroughly to assemble the data and the transfer data to that the sketch be drawn with important accurate dimensions and measure which does include application not the above be required information not ments. may regard, the secure applicant wish to the assistance may of a person who drafting such sketches. of to A guide the is att answering application questions ac he Personal Collection of Information d. Personal information herein is under requested the required 1 Planning Act, 9 This be used by the information Committee of will Adjustment/Land Division 9 reviewing of purpose the above and referenced be application, made may 0i Agencies boards, Commissions, and an Authorities, Persons having interest regarding the n collection questions this should be directed of information Treasurer the of Committee Adjustment (P.O. Box Sydenham, of 100, Ont.. 376-3027 e><t.2224 ).
READ
Each applicant abutting lands dimensioned the Application
PLEASE
TOVVNSHIP
Page 243 of 368
Page 244 of 368
1 1 .
1 0.
The
(*0
,6
to
subject to be public
whether garage,
Yes
the
ca’
El
A4
of
~
are
the
No
.
e S
/J
Zoning
pally
rec-&
comply
any
EXISTING
land?
the
please
Fa
buildings
distance
only,
maintained III No
with
//N’ dc
/
,4
By—|aw:
Area:
Frontage
land.
APPLICATION P.13 c. 1990,
ne?x
the
I
subject
water by approximate
is
subject
the
a
0
cannot
’¢oJ
from
land:
/64-‘52
use
eff
the
fa’
of
FRONTENAC R.S.O. Act,
etc.)
and
property
there shed,
uses
4,9
relief
"
front on road?
used road.
/kg/of
area
subject
i
2—¢£»4/Ae property
existing
Ec,€4:/47/o4)
the
nearest
£4/4
of
the
and
SOUTH Planning
proposed
maintained
or
the
o?
used
«
Road/Lane:
Please indicate (|.e. residence,
What
are
of
If access facilities and the
Name
OR
the
I/xfzg/,$2J
why
the subject a privately
/r;-//Jr‘
_./;-/rc
Does
Gr?
reason
/1///,u
The
:7»/9
//urrxxa
?y
extent
and
zoning
25/
OF
of
depth water):
nature
current
E1//*
The
Depth:
(on
frontage(s),
Frontage
The
TOWNSHIP
or
/
faci
the
structures
indicate these
Zoni ng
— -‘f
on
the
parking from
Yes
the
/
if
VARIANCE
Ities
El
of
.?é5’z/”
,é’z:7”A,4c/3‘
road?
of
MINOR
road/lane):
FOR amended
provisions
(on
as
Page 245 of 368
Setback
Lot
Lot
Line
from
Line
from
Area
proposed
14.Are
to
be
any
the
)
54
v~
K
the
/
5
f
/
O
subject
/
Fl
Yes
A,
’
v
or
land:
9
Q
_;
Ni/4
additions
,
to
A,
/
?
’
E
existing
5/ 7
/
as
‘9
FOR amended
bui|ding(s)
(3)
structure
{$3/L7. /
or
APPLICATION c. P.13 1990, building
72 //
I7/’
(2)
EACH
FRONTENAC Act, R.S.O.
for
»/*ra€€r
yes,
structure(s), or land? subject
of
/9
0»
is
SOUTH Planning
515/
1 1
OF
4?
(1
item
7/¢>/«J
uses
High
bui|ding(s) built on
£55/64’/4
13.The
Setback from Vvater Mark (If applicable)
Dimensions Floor
to
ing
of
Line
frorn
B_
Lot
““::.,::°;°:.$;’;:.;:7"e
Heig_ht_of
side
Setback
Rear
Setback
Front
Structure
answer
residence)
of
If the
(E.g.
Type
TOVVNSHIP
or
indicate:
NIINOR
structure(s),
(4 )
VARIANCE
Page 246 of 368
If the
High (If
NOTES:
If
It
of
Is
story)
your
If yes,
Do
item
Q
please
plans provide
include
for
each
(2)
proposed
FRONTENAC R.S.O. AC1,
details:
any
DEMOLITION
of
on
existing
mark relate building.
and
FOR arnended
(3)
structures?
or
Fl
Yes
i
VARIANCE
structure
MINOR
the setback lane, the same. CONSTRUCTION NEW
building
as
private be will to the
a
F.13
addition,
C.
APPLICATION
1990,
is on waterfront, property setback from the water high required in this question total size the of completed
‘
yes,
SOUTH Planning
is
4”‘
OF
14
(1)
subject If the lot line and the 2) The dimensions and the NOT to
one
to
from Setback Water Mark applicable)
Dimensions Buildinglstructure
Line
from
Line
frorn
Line
from
Building
two
Outside
indicate (Also or story
of
Lot
Setback Side
Height
Lot
Lot
Rear
Setback
Front
Structure
answer
residence)
of
Setback
Type (E.g.
TOVVNSHIP
Page 247 of 368
K
/C
21
If
Do
A
Is
or
/1
/3’?
storm
M2
a privately means:
water
,
that
drainage
provided
by
fixtures
bedrooms
by
sewers,
<~
the
existing
ditches,
_?é0&
provided owned
to
77C(‘ swales
4
by
or
Yes
Yes
MINOR
on
the
C! Yes
D45
El
i_l
FOR amended
other
land individual
a
and
publicly communal
means?
or
a
owned well,
own ed
d
rate lake.
ope
lan ds:
D
Cl
El
L]
D
VARIANCE
subject
continued:
by
publicly communal
by
a or
have
4-:’)</r/*7/:’$’ /41:16 7-/6/4 land
subject operated
the
owner:
structure?
as
constructed
land individual
subject
were
current
encroach
and
subject
operated
the
of
the
system?
structure
uses
to
is
and
disposal a privately
z.-
provided owned
734/a4’.
5’;
is
the
/‘//54
of
an
APPLICATION P.13 C.
development?
of
and structures ex/{rr~‘¢
existing
was
or
septic acquired
living
plumbing
number
space
RAISING
FRONTENAC Act, R.S.O.
proposed
addition existing
in
in
in
the
details:
the
SOUTH Planning
buildings
land
whether sewage sewage system, other means:
4&7
system, other or
time
,1
of
the the
¢’»4_{//V
existing
.1
546?
of
whether
6/8
?gx?/42;’
Indicate operated privy,
5
Indicate water body,
length
.2
6
the
((0
subject
on
Will
Increase
(c) (cl)
Increase
(b)
uses
provide
Increase
the
OF
include
(a)
the
Ez/an/4
date
date
plans please
are
your
yes.
What
49;:
re
.The
20.The
19.The
TOVVNSHIF
Page 248 of 368
the the
The the
V) and
distances to importance
property
The
wells lines.
watercourses,
is
the
is
to
line
on—site
tanks.
to
?le
an
file
subject
and abutting REQUIRED be prepared
as
nif as ica nt
of s. sig
barn
the subject buildings, wetlands, the applicant’s
on
and
of
Pla nni ng
subject lan crossing. d
location
and fields wells, septic is SKETCH be shown. The carefully. neatly and accurately owners‘
to
OF
THE
subject
the the railway
the
VARIANCE
application
application
the
the
TOP
of
including
THE
the
been
betvveen bridge or
land
AT
of
number
under
MINOR
and artificial features include land. Examples or stream banks, barns, these of features from
lands.
FOR amended
application
as
ever
number
ARROW
following:
the
the
natural subject river distance
(neighbours’) all the
of
of
NORTH
the
give
the
of
p.13
land has Variance).
give
subject
c.
APPLICATION
1990,
distance . . . . ..i.e. point a as landmark such
ditches, Show
IS
location
or
A
is
subject (Nlinor
please
the Act
showing
HAVE
abutting
adjacent drainage
all
lot
land Consent.
please
yes,
or
FRONTENAC R.S.O. Act,
dimensions
yes,
reference
buildings.
and
MUST
a
is
subject
whether Planning
25
No
submitted
27
El
be varied, and should
septic
approximate land that
of
The
iv)
location
The location of nearest township
and
iii)
boundaries proposed
The
ii)
SKETCH
be
item
THE
“*
to
must
Yes
indicate the of
.
souTH
Planning
Subdivision
oI=
question
i)
:
SKETCH
A
III
43
to
whether Plan of
answer application
answer If the the application.
**Not:e
a
El Yes
of
indicate
please If known. under Section
of
If
Please approval
TOVVNSHIP
Page 249 of 368
Page 250 of 368
appoint address and
someone phone
to
appear the full
Completing in
be not may pre-consultation
Roads: Municipally maintained that residents maintain themselves and that generally are property
example,
of
for
All aware
parts
this
the with
of
of
—
on act number
ma
Minor
should
behalf
section, address,
your
ng
’s
the
APPLICATION C. P.13
1990,
as
the here
live with
in
separ ate postal
VARIANCE
variance owner’s All
Form
IVIINOR
they
complete
during appear
even
if
FOR amended
Variance
planning
zoning
question
other
shared
roads (not
are
seeking or that
words,
can
by
variance a developing
why
looked after driveways, private others). with
are
the water, embankment.
you
In
meet add
that
this
c a
the
requi red an
provide
private
to
the
to do than 3 within 0 build ing
from
on
accessory
further
to
asking
rather structure m
are
not
an
a
25
and
completed. property
be
the Township; but lanes
you
of
you
be
your staff.
on
must
Relief: This is what question asking you it could be that asking to are that asking the height or are to increase you or that are a variance to construct you seeking than the buil ing. principal
for
Extent
You in
acres:
mark, lot line
mark,
—
and
come
zoning:
area,
Reason why can’t you comply: could because be, for example. that is already too close to a steep because impossible of
water front
Nature variance water
you
depth,
of
to
to
FRONTENAC R.S.O. Act,
the Subject Land: The Districts are the same as the former Townships. are If you the roll number (the long number beginning with 1029) on bill. tax your 020 O10, or district are 030, is Bedford; numbers your 040-050, if the Loughborough; numbers 060 district is Storring are or if the 070, your ton; are numbers district is Portland. your 080. Concession and Lot are Numbers: not sure, check bill tax if you your Street Number: Your civic address civic has not number been if a assi gne blank. space d, of Road/Street: Name This whether question or not are on applies you road. a public Plan No: Reference If your has been it will have property surveyed, a one or more on that has been surveyed, parts not plan. If your property blank. Roll No: This is the number beginning with which ‘1029’ on appears yo r take tirne to look it up submitting the before application. District:
wish name,
Guide
must be
SOUTH
Planning
owners should
A
OF
Current
when
Frontage,
f.
e.
d.
c.
b.
Descript’on
may You person’s authorization.
names of all address(es)
the
The and
TOVVNSHIP
Page 251 of 368
Buildings:
Proposed
actually
may
Water their
years,
of
new
—
of
do
because under
acquired:
it.
in
a
cases
You deck must on
you
on the
please
sections
land
only
MINOR
property
can
FOR amended
recreational
is
as
all complete your dwelling,
vacant
relevant
structures
the
e.g.
not
take
answer
example,
are
you
—
answer
are
made
granted
increase clear
not
words,
are
to
part
screened
will
has
sure,
be
the
of
private
land
provide
possession
a
each
that proposing
clear
the be
bulldlng
raise
your
the
well,
been
of
must a
but
used
best
for
some
property?
be
ou resi t involve den d. ce. in
departme nt. wi th of
deck,
a n d “,
t h cons truct le as
increase An involve an
building
waterfront
residential
estimate.
the this question. would porch
to
to
property, systems.
add
the
t h e
of this describe
now,
access
VARIANCE
accomplished the beginning at to on add to your there is demolition
from
and
to
on septic
development
height cannot the Committee
permit
new
ANYTHING garages,
dwelling,
permission
in it you
to
a
a
build decks,
ALL proposed addition to
requires
an
planning additions,
or made
you
a
or
business,
only
APPLICATION 1990, P.13 C.
answer to this be the same question will currently and are vacant, you planning section 10 would be recreational in “vacant be “residential”
walls did
For
If
with
n
on have
Please
When
lake.
not you
other
you
add is
columns.
construct
uses: most
the is
structures: there is
buildings
retail
is
FRONTENAC Act, R.S.O.
question
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Page 252 of 368
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Page 253 of 368
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TRAILER LOTS ON MILL BAY SITE CAMPS INC. BOB’S LAKE CO—OPERATIVE PART of LOT 33 &: 34, CONCESSION'7
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Page 256 of 368
MICA PO IN T
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Township Boundary
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65 MILL BAY LANE
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Legend
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PL-ZNA-2022-0137 (BOBS LAKE COOP) (FRETTS) CO OP LANE
62 THISTLE LANE
LL MI
Y BA
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.
MILL BAY LANE
BADOUR RD
Scale: 1:4,000
EN L FAIRHAV
MICA POINT LANE
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2020.
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BADOUR RD CON 7 PT LOT 33 RP 13R182 PART 392B BADOUR RD 7 BOBS LAKE BADOUR RD 37 FAIRHAVEN LANE
450 BADOUR RD
50
100
200 m
UTM Zone 18 NAD 83
Date: 2022-10-07
Page 257 of 368
Page 258 of 368
To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: November 10, 2022 Minor Variance Application (S. 45(1) of the Planning Act) Subject: PL-ZNA-2022-0137, Biro, Bonnet and Kinnie (Bob’s Lake Cooperative), 27 and 38 Co-op Lane, Bedford District
Summary The subject application seeks zoning relief to permit replacement trailers at 27 Co-op Lane and 38 Co-op Lane. This report recommends that the Committee of Adjustment grant approval of this application subject to conditions, as this application meets the four tests of a minor variance outlined in section 45(1) of Planning Act.
Background Official Plan Designation: Rural Zoning: Limited Service Residential – Waterfront – Special Provision (RLSW-3) Related Applications The subject property is not subject to any other applications under the Planning Act.
Discussion/Analysis Background 27 and 38 Co-op Lane are campsites on one of several properties owned by the Bob’s Lake Co-Operative. The subject property is zoned RLSW-3. The RLSW-3 zone permits a maximum of 52 campsites for recreational vehicles on this specific property. The RLSW-3 zone requires that the replacement of any existing trailer on the property be subject to a minor variance application to determine the appropriateness of the size and location of the replacement trailer.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 259 of 368
Township of South Frontenac Staff Report - PL-ZNA-2022-0137, Biro, Bonnet and Kinnie (Bob’s Lake Co-operative), 27 and 38 Co-op Lane, Bedford District
Property Description 27 and 38 Co-op Lane are located in the interior of the subject property, on generally level ground. 27 Co-op Lane contains a trailer with a sunroom, two sheds, an outhouse and a holding tank. 38 Co-op Lane contains a trailer, a sleeping cabin, a shed and a holding tank. Summary of Proposal The application is to replace the existing trailers at 27 and 38 Co-op Lane. At 27 Co-op Lane, the existing 18.5 foot by 8 foot trailer would be replaced with a new 18.5 foot by 8 foot trailer. The new trailer would be placed in the same location as the existing trailer, beside the existing sunroom. At 38 Co-op Lane, the existing 18 foot by 8 foot trailer would be replaced with a new 39 foot by 8.5 foot trailer. This new trailer would be placed in the same location as the existing trailer, but its orientation would change slightly. Both trailers would be setback more than 30 metres from the highwater mark of Bob’s Lake, and are far removed from any property lines. Department and Agency Comments Public Services did not provide comments on the application as the property is accessed from a private lane. Rideau Valley Conservation Authority was not circulated the application given the distance of the existing trailers from the lake and the nature of the application. Building Services reviewed the sewage system requirements for sites. 27 Co-op Lane has an existing greywater system and an outhouse. There was no evidence of either system failing. If the owner wishes to use all of the plumbing fixtures inside the new trailer (i.e. the toilet), the owner must apply for and obtain a permit to install a sewage system that complies with current Ontario Building Code requirements. Otherwise, the new trailer will need to have its toilet disconnected and not be used. 38 Co-op Lane has an existing greywater system and a separate holding tank. There was no evidence of either system failing. The owner is encouraged to apply for and obtain a permit to install a sewage system that complies with current Ontario Building Code requirements. Public Comments No comments were received from the public at the time of the writing of this report. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 260 of 368
Township of South Frontenac Staff Report - PL-ZNA-2022-0137, Biro, Bonnet and Kinnie (Bob’s Lake Co-operative), 27 and 38 Co-op Lane, Bedford District
Planning Analysis The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. It is the opinion of Planning staff that the proposal meets the four tests as explained below. Does the variance maintain the general intent and purpose of the Official Plan? The 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. The proposed variance maintains the general intent and purpose of the Official Plan related to development in the Rural area and adjacent to environmentally sensitive areas. Does the variance maintain the general intent and purpose of the Zoning By-law? The proposed variance for the replacement trailers maintains the general intent and purpose of the Zoning By-law. The trailers are on two of 52 campsites permitted on the subject property by the RLSW-3 zone. The RLSW-3 zone only permits the replacement of existing trailers through a minor variance application in order to determine the appropriateness of the size and location of the replacement trailer. The existing trailer at 27 Co-op Lane is not located near any property lines and is within the bounds of the campsite defined by Bob’s Lake Co-op. The existing sunroom of the trailer would continue to be setback a minimum of 5 metres from the surveyed right-of-way (Co-op Lane) that crosses the campsite, as required by section 5.6.1 of the Zoning By-law. This means that the replacement trailer would also meet all zoning requirements. The existing trailer at 38 Co-op Lane is not located near any property lines, and is more than 30 metres from the highwater mark of Bob’s Lake. The replacement trailer would be setback more than 5 metres from the surveyed right-of-way (Co-op Lane) that crosses the campsite, as required by section 5.6.1 of the Zoning By-law. The replacement trailer would also meet all other zoning requirements. The replacement trailer would be twice as long as the existing trailer. The additional area would be a living room and storage space. Planning staff have determined that the size and placement of the trailers are appropriate.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 261 of 368
Township of South Frontenac Staff Report - PL-ZNA-2022-0137, Biro, Bonnet and Kinnie (Bob’s Lake Co-operative), 27 and 38 Co-op Lane, Bedford District
Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The variance is desirable for the appropriate development of the land, as it would allow the existing trailers to be replaced with similar sized trailers, in the same general location on the property. The variance is not anticipated to result in any land use incompatibilities between the campsites, the right-of-way and abutting properties. Is the variance minor? The requested variance is minor as it maintains the general intent and purpose of the Official Plan and Zoning By-law, and is desirable for the appropriate development of the land. The replacement trailers will not cause any negative impacts as a result of their size and location on the subject property.
Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing. This included notice given: • • • •
by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies
Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2022-0137, subject to the following conditions.
- The minor variance is for an 18.5 foot by 8 foot trailer at 27 Co-op Lane, and a 39 foot by 8.5 foot trailer at 38 Co-op Lane. All locations as per the submitted application and sketches that will be attached to the Decision as Schedule “A”.
- A building permit is required for ALL demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 262 of 368
Township of South Frontenac Staff Report - PL-ZNA-2022-0137, Biro, Bonnet and Kinnie (Bob’s Lake Co-operative), 27 and 38 Co-op Lane, Bedford District
- For 27 Co-op Lane, the applicant shall apply for and obtain a permit for a sewage system under the Ontario Building Code, or remove the toilet from the trailer to the satisfaction of the Township.
- Minor variance PL-ZNA-2022-0137 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Report Prepared By: Christine Woods, MCIP RPP, Senior Planner
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 263 of 368
Page 264 of 368
Page 265 of 368
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Page 266 of 368
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Page 268 of 368
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TOVVNSHIP
Page 269 of 368
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Page 270 of 368
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Page 274 of 368
SLOPEAND EROSION ASSESSMENT 38 MURRAY LANE TOWNSHIP, SOUTH FRONTENAC ONTARIO Our? REFERENCE No. 22—O5lO
The slope was surveyed using a 30-meter The results are summarised on the section
It is anticipated
that any development
will be founded
on bedrock.
The bedrock
at the site is
The property features a plateau overlooking a rocky foreshore and waterfront. The slope is controlled by shallow/outcropping quartzose metasediments and rises through an elevation of i0 metres or so above the lake level at a steady rate of 350. The shoreline and lot are vegetated with established mixed forest including birch and cedar. Some gunstocking is observed on the slope.
3.0 DISCUSSION:
The slope and building site feature outcropping bedrock. measuring tape and a Suunto MC—2compass with a clinometer. presented on Drawing No. lzl.
The site is located on the shore of Thirty Island Lake and is accessed from Murray Lane. The subject lot features some 60 metres of waterfront and is approximately I75 metres—deep. The lot features a terrace and a prominent outcrop; the outcrop has been partially removed to provide for a single—familydwelling. The elevation difference from the roadway to the take is approximately TOmetres. In addition to a singlefamily dwelling, an onsite sewage system and staircase to the waterfront are proposed, and dock facilities are anticipated. is underway by the owner’s hand, an interpretation is A plot plan for development attached.
2.0 BACKGROUND & OBSERVATIONS:
This letter reports the results of a geolechnical assessment carried out at the above captioned property. The subject property includes waterfront on Thirty Island Lake. Thisassessment is intended to assess the hazards to the property, based on a site visit conducted on May 20"”, 2022, premised on a TOO-year serviceability requirement under the provincial Natural Hazards Policy.
1.0 INTRODUCTION:
RE:
SrEvEMITRO
May 31, 2022
755 Baker Crescent Kingston, ON K7M6P5 Ph: (613) 634-4357 Fax: (613) 634-4353 Email: concorde@kos.net
Page 275 of 368
Eave trough is recommended to preserve the grade should be directed away from the slope. adjacent
the foundations. Discharge from
~
We trust that this report is to your satisfaction. this submission, please contact our office.
in accordance
with Section
R. David Oliver. P.Eng.
Yours truly. CONCORD ENGlNEERlNG
Should you have any questions or concerns regarding
Based on the foregoing, it is considered that the lot may be developed 3.l of the Provincial Policy Statement as concerns sloping terrain.
The site is limited in extent, by sloping ground, granular soils and the adjacent lake. Recommendations provided in this report to address these limitations as regards the proposed development of the property. We do not anticipate any problems with erosion or global slope stability from building or retaining works bearing on bedrock as described. The stability of the slope is sufficient to support a reduction of the typical l5-metre setback from top of slope to 6 metres.
4.0 CONCLUSIONS:
Preservation of the shoreline and foreshore vegetation is consistent with provincial policy. if disturbance is necessary measures to re-establish the vegetative cover should be implemented as effectively and soon as possible to avoid undue erosion.
downspouts
designed
Footings bearing on the bedrock scaled and cleaned of weathered and disturbed material may be for an allowable bearing pressure of 5OOKPa. Settlements for footings founded directly on bedrock should be negligible. The bedrock is not regarded as frost susceptible. lf sloping bedrock is encountered footings should be pinned using T6” lengths of l5M bar embedded iO” into the underlying bedrock spacing of dowels will depend on site conditions. Similarly, footings for access stairs should be pinned to bedrock and supports properly braced.
The granular soils once disturbed are considered prone to erosion. During construction control measures such as silt fencing at the crest of the slope are recommended. The performance of control measures should be monitored and additional efforts taken as warranted. Disturbed areas should be restored and seeded or replanted to promote re-growth, as soon as possible following completion of the work.
Reference No. 22-0510
Page 276 of 368
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Inset Inset Map Map GE LA N E A RO
RL
L ANE
1650 WESTPORT RD
E
N
Thirty Island Lake
A
P OLI L
PL-ZNA-2022-0139 (MITRO)
E NR Y AN
L
Thirty Island Lake
LAN E
S A L N
MC N IC
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39 MURRAY LANE
MURRAY
Legend Subject Property
LANE
Township Boundary 32B MURRAY LANE
Lake Trout Lake - At Capacity Lake Trout Lake - Not at Capacity Non-Lake Trout Lake - At Capacity
396 STEVE BABCOCK LANE
Wooded Area Waterbody Provincially Significant Wetland Wetland
WILSON RD
Road
492 SPERLING LANE
SPERLING LAN E
Page 277 of 368
451B SPERLING LANE 496 SPERLING LANE
391 SPERLING LANE
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2020. 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: 1:2,000 0
25
50
100 m
511A SPERLING LANE
UTM Zone 18 NAD 83 WILSON RD
Date: 2022-10-07
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. PL0298-2022 Municipality:
Township of South Frontenac
Landowner:
Stephen Mitro
Location:
38 Murray Lane
Roll #:
10290200400930400000
Application Description:
Minor Variance Appl’n File No. PL-ZNA2022-0139
Part Lot 8, Concession 3
Bedford
Requesting a reduction in the minimum setback from the high-water mark of Thirty Island Lake from the required 30 metres (as per Section 10.3.1 of Township of South Frontenac Comprehensive Zoning By-law 2003-75) to 21 metres. Additionally, the application seeks a variance to Section 5.8.2.b. of the Zoning Bylaw to allow a reduction from the required 15 metre setback from the top of bank adjacent to the slope to a setback of 6 metres from the top of the bank adjacent to the slope. The proposed variance will allow for construction of a 1,350 square foot dwelling, including an attached deck.
Feature:
Thirty Island Lake 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 hazard lands. A Slope and Erosion Assessment prepared by Concord Engineering, dated May 31, 2022, was reviewed in support of the minor variance application. As per the assessment, proposed development will be founded on bedrock resistant to erosion and stable at vertical slopes within the context of 100 years. The consultant suggests that a 6-metre setback from the top of the slope is sufficient for the proposed dwelling.
Comments:
As per the drawing included with the Slope and Erosion Assessment, the top of the slope is approximately 15 metres from the seasonal high-water mark of the Lake, with the additional 6 metre setback from the top of the slope it is understood that the variance will allow for the construction of a single-family dwelling inclusive of a deck located 21 metres from the seasonal high-water mark of Thirty Island Lake. As a result of the findings from the Slope and Erosion Assessment by Concord Engineering (May 31, 2022), staff are satisfied that the application as presented is consistent with section 3.1 of the PPS.
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). 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 30 metres of the top of the slope adjacent to Thirty Island Lake.
Page 1 of 2
Page 278 of 368
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 wildlife habitat, 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. Note that, the landowner is responsible for ensuring that endangered species are not harmed as a result of any proposed development on the subject lands. The Endangered Species Act, 2007 (ESA, 2007) applies to all proposed development. Species listed as extirpated, endangered, or threatened on the Species at Risk in Ontario (SARO) list are protected under the ESA, 2007. Section 9 prohibits killing, harming, harassing, possessing, collecting, buying, and selling etc. of species listed as extirpated, endangered or threatened on the SARO List. Section 10 prohibits the damage or destruction of the protected habitat of species listed as extirpated, endangered, or threatened on the SARO List. For further information on species at risk, or to determine what species may be present in your area please consult the Ministry of the Environment Conservation and Parks or visit their website at https://www.ontario.ca/page/species-risk. As per the Slope and Erosion Assessment, prepared by Concord Engineering and dated May 31, 2022, Quinte Conservation has no objection to the minor variance application. Final Comments:
A permit will be required from Quinte Conservation prior to any development within 30 metres of the top of the bank adjacent to Thirty Island Lake. This includes the dwelling subject to the minor variance application and any other development proposed within 30 metres from the top of the slope.
October 17, 2022 Date
Sam Carney Planning Technician And: Catherine Sinclair, Regulations Officer
Page 2 of 2
Page 279 of 368
To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: November 10, 2022 Minor Variance Application (S. 45(1) of Planning Act) Subject: PL-ZNA-2022-0139, Stephen Mitro, 102902004009304, Portland District
Summary This report recommends that the Committee of Adjustment grant approval of this application for zoning relief for a seasonal dwelling, subject to conditions, as this application meets the four tests of a minor variance outlined in section 45(1) of the Planning Act.
Background Official Plan Designation: Rural Zoning: Limited Service Residential – Waterfront (RLSW) Zoning Relief Requested for Dwelling Sections 5.8.2(a) and 10.3.3 – to permit a seasonal dwelling to be setback a minimum of 21 metres from the highwater mark of Thirty Island Lake, whereas a minimum 30 metre setback is required for all buildings and structures. Section 10.3.3 – to permit a seasonal dwelling to establish a minimum 21 metre front yard, whereas the RLSW zone requires a minimum 30 metre front yard. Section 5.8.2(b) – to permit a seasonal dwelling to be setback a minimum of 6 metres from the top of bank, whereas a minimum 15 metre setback is required for all buildings and structures. Related Applications The lands are not subject to any additional applications under the Planning Act.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 280 of 368
Township of South Frontenac Staff Report - PL-ZNA-2022-0139, Stephen Mitro, 102902004009304, Portland District
Discussion Property Description The vacant 1.5 hectare (3.7 acre) property has frontage on Thirty Island Lake and on Sperling Lane. It is unofficially accessed from Murray Lane. The lands consist of several high ridges separated by valleys leading from Sperling Lane to Thirty Island Lake. The shoreline consists of an approximately 10 metre high, steep slope. A portion of the ridge along the shoreline at the northeast corner of the property was removed to create a level area. Summary of Proposal The owners propose to construct a 1,350 square foot, one-storey seasonal dwelling, and a sewage system. The dwelling would be located in the northeast corner of the property, setback a minimum of 21 metres from the highwater mark and a minimum of 6 metres from the top of bank. The dwelling would result in 0.8% lot coverage. The dwelling would be serviced by a new sewage system to be setback more than 30 metres from the highwater mark. A driveway will be constructed from Sperling Lane following the valleys on the property or a right-of-way will be sought over Murray Lane. The variances are being requested to make use of the existing cleared area and to avoid the valleys and the high ridges on the property. Supporting Documentation A Slope and Erosion Assessment (Concord Engineering, May 31, 2022) was submitted in support of the application. The consultant assessed the shoreline slope for type of bedrock, angle, and stability. The report concluded that the proposed dwelling would be founded on bedrock that is resistant to erosion and is stable at vertical slopes within the context of 100 years, as required by provincial natural hazard policy. The report recommended a minimum 6 metre setback from the top of bank be required for the proposed dwelling, and recommended the implementation of best construction practices. Agency Comments Quinte Conservation reviewed the Slope and Erosion Assessment on behalf of the Township. They were satisfied with the findings of the report. They have no objection to the approval of the application. Written permission will be required from Quinte Conservation under O. Reg. 319/09 for the proposed dwelling, if the variance application is approved.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 281 of 368
Township of South Frontenac Staff Report - PL-ZNA-2022-0139, Stephen Mitro, 102902004009304, Portland District
Public Comments No comments were received from the public at the time of the writing of this report. Planning Analysis The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. It is the opinion of Planning staff that the proposal meets the four tests as explained below. Does the variance maintain the general intent and purpose of the Official Plan? The proposed variances maintain the general intent and purpose of the Official Plan related to waterfront residential development, and development adjacent to environmentally sensitive areas. The variances would facilitate construction of a seasonal dwelling on lands that are designated Rural in the Official Plan on Schedule A. The proposed dwelling would be close to a steep shoreline. Section 5.2.4 of the Official Plan states that the Township will direct development or site alterations away from lands identified by the municipality which may be subject to shoreline erosion hazards. This is typically done through the implementation of a 15 metre setback from the top of bank, as required by the Zoning By-law. A Slope and Erosion Assessment was completed that determined that it would be safe for the proposed dwelling to be setback only 6 metres from the top of bank. Quinte Conservation reviewed the Slope and Erosion Assessment on behalf of the Township, and were satisfied with the findings of the report. The proposed location of the building envelope, and the size of the dwelling, minimizes site alteration required and maximizes the setback of the sewage system from the highwater mark, as intended by section 5.2.7(b) of the Official Plan. Does the variance maintain the general intent and purpose of the Zoning By-law? The proposed seasonal dwelling is a permitted use in the RLSW zone. A seasonal dwelling is appropriate given that Sperling Lane is not maintained year-round, and so is not accessible in the winter. The dwelling was designed to maximize its setback from both the highwater mark and the front lot line, and to minimize its footprint. Also, the setback of the sewage system has been maximized from the highwater mark. The reduced setback from the top of bank is supported by a Slope and Erosion Assessment. The proposed variances maintain the general intent and purpose of the Zoning By-law.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 282 of 368
Township of South Frontenac Staff Report - PL-ZNA-2022-0139, Stephen Mitro, 102902004009304, Portland District
Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The requested variances are desirable for the appropriate development of the land. The proposed dwelling and sewage system locations in the northeast corner of the property will minimize site alteration and vegetation removal required (e.g. maintain topography, soil mantle and existing vegetation), and minimize or avoid seasonal drainage issues that could be associated with construction within one of the valleys more than 30 metres from the highwater mark. Is the variance minor? The requested variances are minor as they maintain the general intent and purpose of the Official Plan and Zoning By-law, and are desirable for the appropriate development of the land. They are not anticipated to impact the existing or planned functionality of the property and adjacent properties. The proposed dwelling would be 12 metres from the eastern property line, and vegetation would be maintained to provide visual screening from the nearest neighbour. Trees and vegetation maintained along the shoreline and top of bank would provide visual screening and buffering to the lake.
Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing. This included notice given: • • • •
by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies
Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2022-0139 for the property with assessment roll number 102902004009304, subject to the following conditions.
- The minor variance is for a seasonal dwelling. The dwelling is permitted to establish a minimum 21 metre front yard, to be setback a minimum of 21 metres from the highwater mark of Thirty Island Cranberry Lake, and to be setback a minimum of 6 metres from the top of bank. The location of the dwelling on the property must be consistent with the revised Sketch for Building Permit Application received by the Township on October 19, 2022. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 283 of 368
Township of South Frontenac Staff Report - PL-ZNA-2022-0139, Stephen Mitro, 102902004009304, Portland District
- The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated. b. Roof runoff will be directed away from the shoreline of Thirty Island Lake and neighbouring buildings and structures, and discharged to natural or constructed leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads to reduce the velocity of runoff. c. A natural vegetated buffer must be maintained in its natural state within 30 metres of the shoreline, except in the immediate area of the building envelope.
- A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac.
- Minor variance Pl-ZNA-2022-0139 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Report Prepared By: Christine Woods, MCIP RPP, Senior Planner
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 284 of 368
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Page 285 of 368
Page 286 of 368
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amended
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as
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existing
mt
on mark relate
building.
and
P.13
addition.
c.
APPLICATION 1990,
water
proposed
waterfront. the
in
on
DEMOLITION
required
setback
property
qg
7/1‘
ll’ the line NOT
I
|
‘
1%
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subject
one
'
Lt6
each
FRONTENAC Act, R.S.O.
“*7
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R63: R0 /1
§‘3\c«‘M/\vé4"
your
If yes.
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and
lot
Setback frorn High V\Iater Mark applicable) (If
outside Dimensions Buildinglstructure
(Also
to
OF
r Stru (yE|?:.(|“esideI’:1tcIe’)e ‘3< ct./6
-r
TOVVNSHIP
Page 289 of 368
21
date
the
the
Is
drainage
}:<A«A
storm
that
means:
sewage system,
water a privately means:
time
is
the
existing
,.,
by
»
existing
the
.,
owned
provided
ditches.
to
swales
owner:
structure?
as
or
subject
by
have
other
individual
land
communal
publicly
by
a or
land
3+’)?
the
Yes
Yes
Yes
Yes
well,
a
and
a publicly or communal
means?
by
owned
owne d
oper ated lake,
lan ds:
R
D
D
[1
Ll
VARIANCE
subject
continued:
on
D
I;
I‘!
D
FOR IVIINOR amended
S‘.<.-32’
constructed
operated
the
land individual
subject
were
and
subject the operated
of
-,.~
encroach
bynthe‘curr’ent
x/6’+C/”’\
sewers.
§
?xtures
bedrooms
structures
to
an
APPLICATION c. 1990, P.13
development?
of
structure system?
uses
is
and
1‘
and
disposal a privately
provided owned
~-
Siam./rg?»
provided
{X-Jrwc‘, ?‘»"-U-k<A»l
other
sewage
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whether
Indicate
system, or other
whether
of
operated privy,
water body,
LiS.
length
\Cv.7l’
existing
.was
existing
of
space
or septic acquired
living
plumbing
number
proposed
addition
buildings
land
the
the
I Pr-‘*1‘*1’
subject
on
VVi||
in
(d)
in
Increase
Increase
in
the
(b)
of
(c)
uses
details:
the
FRONTENAC R.S.C). AC1‘,
RAISING
SOUTH Planning
Increase
the
provide
include
OF
(a)
are
please
plans
(.I;""~‘xvs
Indicate
.The
20.The
/‘n/5. 5
date
1 9.
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your
yes,
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If
Do
‘I8.
TOVVNSHIP
Page 290 of 368
Please
“Note:
The the
v)
importance
to
distances
and
is
of
and
be
septic
approximate land that
property
The
lines.
wells
of
township
location
watercourses,
The
iv)
nearest
location
proposed
and
The
boundaries
The
ii)
*"‘
be
item
THE
iii)
souTI-I
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is
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line
should
to onesite varied,
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and abutting REQUIRED prepared
be
?le
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including
Examples banks, features
the
barns, from
OF
the
of
l
rail way woode d s,
land
of
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applicant’s
th e
an
PAGE.
and
of
a n d
Planning
subject
buildings. wetlands,
the
on
crossing.
subject
location
THE
subject
the
railway
include
features
or
TOP
the
VARIANCE
application
application
the
the
under
MINOR
wells, septic ?elds and Shown. The SKETCH is carefully, neatly and accurately
owners’ be
to as
or stream of these
the
THE
of
been
of
FOR amended
betvileen
AT
ever
number
bridge
arti?cial
lands. and land.
as application
land
number
ARROVV
following:
the
the
file
. , . . ..i.e. distance such as a
landmark
point
of
the
an
land has Variance).
give
of
APPLICATION 1990, c. P.13
subject
NORTH
the
give
all natural to the subject river ditches, distance Show
IS
location
or
A
is
subject (l/linor
please
the
showing
dimensions
abutting
lot
land Consent.
Act
please
yes,
or
FRONTENAC Act, R.s.o.
HAVE
reference
adjacent
all
a
buildings.
and
NIUST
yes,
Planning
submitted
27
is
whether
25
[)8 No
in
indicate of the
question
SKETCH
rnust
to
43
to
i)
A
answer
application.
SKETCH
If the
the
Yes
If known, please under Section
‘1
or:
whether the subject Plan of Subdivision
Yes
a
answer application.
U
of
indicate
if the of the
approval
TowNsHII>
Page 291 of 368
Page 292 of 368
\
c)
d)
|:|
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befov-I.
Site
:1
|:| |:]
Directions
Island
to
CHANGE
E]
1003
OF
BUILDING
|:l
for
or the
use
View
lot
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of
Sydenham
of
III
On
address:
KOH
Bedrooms
or
MOE
El Cl
the
level
Non—ResidentiaI
Residential
to
to
to
Other
Non-Residential
?xtures
1:]
sewage
r
syst em
is
Living
non— residentla|
use
overhead
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on-site
room
the
s
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‘_ (g_lJlhfro_r1_ tcp7_ac
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per
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mark,
Services)
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|:JPlumI:ling
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as
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?xtl.lre(s)
high
Building
George
ON, sydenham 613-—376—3027
4432
purlzlmgrr
(Schedule
package:
Planning
approvals sewage
required
2T0
(if
of
if the
ownership)
required land
perforrnance
Agreement
request)
(proof
be
Agriculture, will
OCCUPANCY:
property
or
lane
or
MNR,
page
APPLICATION:
review
Development
ADDITION:
MINOR
E‘
bill
Deed
Authority, calculation
property
Tax
of
VARIANCE
reason
Plan
Survey
[:1
Conservation
Existing
sewage Flow Design Daily and proposed lines, lot from all showing distances Plollsite plan (Schedule 2) lines and all buildings labelled dwelling floors of the all Floor plan layout of plumbing of the and Ilsting type kitchen) bedroom, etc). tubslshowers, (ie: sinks, toilets, letter Authorization Agenllovvfler
application
card)
listed
p)
page
credit
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or
ilonls
Project
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The
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CHECKLIST
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information
the
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Performance
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-vill
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.
Page 293 of 368
¥
Gould Lake
N LLE
VI
LAN
MC CO
Inset Inset Map Map
1001 ISLAND VIEW LANE
1010 BLUE JAY LANE
E
BELL RD
GO
ORD R O BE D F AD
ROA LD
E ERETT L AN
L AK E
D
D
VANLUVEN ROA
Knowlton EV Lake
U
D
HOLLEFORD ROA
PL-ZNA-2022-0140 (MURPHY) (SANDS) 1003 ISLAND VIEW LANE Legend Subject Property Township Boundary
NA TU R E L AN E
Lake Trout Lake - At Capacity Lake Trout Lake - Not at Capacity Non-Lake Trout Lake - At Capacity Wooded Area Waterbody Provincially Significant Wetland
1003 ISLAND VIEW LANE
Wetland ISLAND VIEW L
1022 NATURE LANE
Knowlton Lake
Road
ANE
1021 ISLAND VIEW LANE
1023 ISLAND VIEW LANE
Page 294 of 368
1033 ISLAND VIEW LANE
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2020. 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: 1:1,500 0
12.5
25
50 m
1047 ISLAND VIEW LANE
1045 ISLAND VIEW LANE
UTM Zone 18 NAD 83
Date: 2022-10-07
To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: November 10, 2022 Application for Permission to Enlarge Legal Non-Conforming Use (S. 45(2) of the Planning Act) Subject: PL-ZNA-2022-0140, Murphy, 1003 Island View Lane, Loughborough District
Recommendation It is recommended that the Committee of Adjustment receive comments from the public and that the Committee defer making a decision on application PL-ZNA-2022-0140 until such time as the shoreline erosion hazard issue raised by Cataraqui Conservation is addressed to the satisfaction of Township and Cataraqui Conservation staff.
Property Description This one acre (0.4 ha) property is located on Island View Lane and has frontage on Knowlton Lake. The existing 1056 square foot dwelling with 295 square foot attached deck is setback 9.7 metres from the highwater mark. The lands slope gently from the lane to the dwelling. There is a high, steep embankment on the waterside of the dwelling. The dwelling is setback approximately 3 metres from the top of the embankment (i.e. top of bank). Vegetation on the property consists of manicured lawn with several mature trees. The embankment is covered mostly in low-growing vegetation.
Proposal The application is seeking permission under section 45(2) of the Planning Act to enlarge the legal non-conforming dwelling on the property within 30 metres of the highwater mark of the Knowlton Lake. The enlargement would consist of a 750 square foot second storey addition on a portion of the dwelling that is setback 14 metres from the highwater mark.
Preliminary Discussion Cataraqui Conservation staff, in a letter dated October 26, 2022, recognized that the proposed addition would not encroach closer to the lake than the existing dwelling nor does it expand the footprint of the existing building. They recommended the maintenance and
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 295 of 368
Township of South Frontenac Staff Report - Application for Permission to Enlarge Legal Non-Conforming Use (S. 45(2) of the Planning Act) PL-ZNA-2022-0140, Murphy, 1003 Island View Lane, Loughborough District
enhancement of a healthy buffer of native vegetation between the dwelling and the shoreline. Although the second storey addition would be no closer to the lake than the existing dwelling, Cataraqui Conservation staff identified that the existing dwelling is within the shoreline erosion hazard. The extent of the erosion hazard was calculated to extend 23 metres onto the property from the shoreline. They noted that there is some evidence of active erosion along the till shoreline and that the depth to bedrock is unknown. Cataraqui Conservation provides technical advice on natural hazards to the Township, and they regulate development in areas that may be subject to natural hazards through Ontario Regulation 148/06. Cataraqui Conservation’s guidelines for implementing Ontario Regulation 148/06 do not permit new buildings or structures (including second storey additions) within the erosion hazard, unless it can be demonstrated that the development is not subject to risk. They recommend that a site-specific geotechnical investigation and slope/erosion assessment be completed by a qualified professional to further assess the hazard prior to any approval by the Committee of Adjustment. The Township’s Official Plan, consistent with the Provincial Policy Statement, directs development and site alteration away from lands which may be subject to shoreline erosion hazards. The Zoning By-law also contains provisions on this matter. It is appropriate for the Committee of Adjustment to defer making a decision on this application until a site-specific geotechnical investigation and slope/erosion assessment is completed to demonstrate whether the embankment is stable, and whether it would be safe for the proposed second storey addition to be allowed in the proposed location.
Report Prepared By: Christine Woods, MCIP RPP, Senior Planner
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 296 of 368
Page 297 of 368
Page 298 of 368
nature
The
Please (Le.
What
and
the
area
of
the
property
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iE’Yes
whether garage.
vv —
subject to be public
tar;
from
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of
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are No
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parking
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.
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structures
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road?
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cannot
By—Iaw:
curuzexxtx’
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Area:
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land.
APPLICATION c. P.13
co’i’raAe_i,el/Ho
uses
road.
and
property
1
on front road?
use
the
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relief
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FRDNTENAC R.$.O. Act,
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QQ K40
and
cu/L«LtC_i\1TI,*(
existing
or
the
({L_
indicate
are
nearest
to used
SOUTH
Planning
proposed
maintained
&r:.A?a
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residence.
the
of
the subject privately
access
facilities
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Name
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water):
reason
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one1142
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current
The
Depth:
(on
frontage(s),
Frontage
The
TOVVNSHIP
Page 299 of 368
Setback
of
Lot
Lot
Line
from
Line
frorn
Line
from
Building
Lot
ctu
re
to
1 1
14.Are
13.The
to
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frorn ““a”‘
Area
any be
uses
High
of
building(s) built on the
proposed
applicable)
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is yes,
SOUTH Planning
‘
¢cTrA
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\7.aw_
the
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indicate:
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APPLICATION c. P.13
1990,
Co;:Ac(f‘<E
additions
,_1
land:
ig,((,/,4
‘44
M
iv\
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V
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of
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(2)
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FRONTENAC R.S.O. Act.
for
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Rear
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answer
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Type (5.9.
TOVVNSHIP
Page 300 of 368
If the
Lot
Setback Side
Line
from
from Line
Line
from
to
item
or
two
NOTES:
High (If
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story)
of
ipzm
please
plans
mm
your
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945
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ex
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structure
Q/¢es
i
VARIANCE
the setback lane. the same. CONSTRUCTION NEVV
or
NIINOR
cmTA6E
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building
as
a private be will the to
r€’«‘rNC»
existing
on mark relate building. and
addition,
APPLICATION c. P.13
1990,
is on waterfront, property setback the high water from this required in question total size the of completed
Q
include
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FRONTENAC R.S.O. Act.
E-
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subject If the lot line and the 2) dimensions The and the NOT to
Setback from Water Mark applicable)
Outside Dirnensions Buildinglstrueture
story
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Rear
Setback
Front
answer
of Structure residence)
Setback
Type (E.g.
TOVVNSHIP
Page 301 of 368
21
your
the
3
or
Is
storm
P!‘L(}£°tTl;_
privy,
drainage
seso?c
is
the
provided
owned
by
sewers,
§‘fs’'I”/<//
disposal privately a
fixtures
bedrooms
,
the
by
swales
or
gags
have
“(
IVIINOR
E’(es
other
u.~mLi¢
the
VARIANC E
I
op
la n s:
ow ned
ted
era lake,
mu
publicly communal
a
and
subject
aA(3E
or
a
means?
by
El
E]
I
faces L‘:’/id?a;
owned well,
continued:
on
s.ePT.c
individual
land
Yes
?’(es
l
communal
publicly
by
a or
land
subject the operated
meg
to and
__
structure?
constructed
land individual
subject
were
FOR amended
@ ’< Qt.’-’’LVLF_;:<\‘.T 5’ ‘E4/L es aLu>g/)1/ S?/ w \i//\
~ QI’ & l_l Yes
as
‘—C*C”<‘IOl~3 op owner: current
encroach
G»
KM’/A
ditches,
lamp?
provided owned
the subject operated
of
structures
to
om
N
existing
APPLICATION 1990, c. P.13
development?
A?
structure system? szwué by the
uses
is
and
and
acquired
existing
ATQ/L
provided
sewage system, other means:
sewage
whether
vc»
Indicate
F:
operated
LA ic
means:
or
body,
water privately
a
other
that
was
or septic .45. ’l’rv\£
living
plumbing
of
space
«Puumm
number
an
/Li;¢.DI./l5<(’(
of
FRONTENAC Act, R.S.O. RAISING
proposed
addition existing
in
in
in
the
details:
the
buildings
land
SOUTH
Planning
flté?/U’\l
7; ear/LS
time
system,
whether
5
of
water
length
of
the the
more existing
lo! ea
date
iww,
subject
on
Will
Increase
((2)
(d)
Increase
(b)
uses Increase
the
OF
use!)
(a)
are
include provide
\E.F’C’{
please
plans
%Fu-Tcr¢is¢_;c> date the
What
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Do
Indicate
.The
20.The
19.The
TOVVNSHIP
Page 302 of 368
“*Note:
please If known, under Section
The
iii)
The
V)
distances to importance
property
The
is
of
line
to
of
file
an
subject
natural subject river distance
(neighbours’)
the
(
including
THE
betvveen or bridge
land
AT
OF
the subject buildings.
ga ni s fi ca nt
si of ns.
bar
applicants
wetlands. the
on
location
THE
vl fg )
mm a
an d A
of
Pl an ni ng
subject la crossing. nd
the
the railway
TOP
,5
‘:)§
subject
application
the
application
the
VARIANC E
and fields wells, septic SKETCH be shown. The is carefully, neatly and accurately owners’
to as
of
been
the
under
NIINOR
and artificial features land. include Examples or stream banks. barns. these of features from
lands.
ever
number of
FOR amended
application
as
nI‘rLrvr-‘er/&Tv
number
ARROVV
following:
file
land has Variance).
the
the
NORTH
the
abutting REQUIRED be prepared
and
the
of
P.13
distance . . . . ..i.e. point as a landmark such
all the
of
or
A
showing
ditches, Show
IS
abutting
lot
give
subject (Minor
lA<!\l7lI/\CsQO(1>
HAVE
reference
location adjacent drainage tanks.
all
a
give
subject
C.
APPLICATION
1990,
l/L/I/P:
please
land is Consent.
the Act
please
yes,
or
FRONTENAC Act, R.S.O.
dimensions
yes,
and buildings.
IVIUST
submitted
is
No
to on-site be varied, and should
septic
that
approximate
location
location of township
be
Ar"o12nm)é,
boundaries proposed
El
whether Planning
25
is
subject
|1>|/go
27
indicate the of
item
the
SOUTH Planning
Subdivision
OF
question
SKETCH
must
to
the land watercourses, wells and lines.
The
iv)
“*
The and
ii)
nearest
THE
SKETCH
i)
A
$-v9’)4Q~l
answer lf the the application.
.’?’<es
43
to
whether Plan of
Yes
a
application.
answer
W
of
indicate
If the the
of
Please approval
TOVVNSHIP
Page 303 of 368
Proposed rebuild and addition of 25x25 < E
,5!
'
‘§9.‘%Cr‘:<E5i “‘
§
5’:102901005005800
Toc
10.9Mx7.9M
Bi
179 BEATRICELANE
3%
’-’
:
:5 ‘5 < E N
Page 304 of 368
WKID: 4326 Lat/Long A
La” 44'66°64° Lon: 76.5876
Note: All hand measurements
N
County of Frontenac
‘
Highwater mark
‘TopOP emu
Relocated Septic Tanks
10.9MX7.9M
Aggroximate Area Lot addition approve 2022 Plus 179
Garage Built 2016
Beatrice lane as one lot 21235sq m 5.25 Acres 5-
“ii:
“1’
Aggroximate Area 179 Beatrice Lane 4078.51 sq m .96 acres
%i’“-‘iii Scale1: 51,128
Page 305 of 368
Note: All measurements
using mapping tool
Existing Cottage
Septic Bed
Built 1967
Built Dec 2015
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Garage 10.9Mx7.9M
Cottage .4m x 13.4m
Utility Shed 2.43 X3.65
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WKID:4326 Lat/Long A
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County of Frontenac
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NE Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2020.
Page 309 of 368
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. 141 BEATRICE LANE
Scale: 1:1,500 0
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UTM Zone 18 NAD 83
Date: 2022-10-17
November 3, 2022 22-SFR-MVA-0082 (Bedford) Township of South Frontenac Committee of Adjustment PO Box 100 4432 George Street Sydenham, ON K0H 2T0
Attention: Sarah Cadue Subject:
Smallman-Tew, Peter; Application for Minor Variance, PL-ZNA-2022-0141–179 Beatrice Lane, Lot 23, Concession 5; Geographic Township of Bedford, Now the Township of South Frontenac; Roll Number: 1029 0100 5005 8000 0000 ———————————————————————————————————–Dear Ms. Cadue, The Rideau Valley Conservation Authority (RVCA) has reviewed the subject applications within the context of:
- Section 2.1 Natural Heritage, 2.2 Water and 3.1 Natural Hazards of the Provincial Policy Statement under Section 3 of the Planning Act;
- The Rideau Valley Conservation Authority (“Development, Interference with Wetlands and Alteration to Shorelines and Watercourses” regulation 174/06 under Section 28 of the Conservation Authorities Act);
- The Mississippi-Rideau Source Water Protection Plan;
- The Tay-River-Bobs Lake Catchment Report
The Proposal The RVCA understands this application is to construct a 57.8 m2 addition setback approximately 22 m from Bobs Lake. The proposed addition is to be constructed to the rear (east) of the existing dwelling and will not encroach on the established setback.
Page 310 of 368
The Property The subject property is an irregularly shaped 0.48 ha (0.96 acres), it is understood that a recent lot addition has resulted in a total lot size of 2.53 ha. The lot is indicated as having lot 140 m of frontage on Bobs Lake (Green Bay). The property is developed with a dwelling and attached deck, garage and sheds. Staff from our office participated in pre-consultation site visit in 2019. The lot slopes to the waterfront and is accessed by a stairway. The lot has several mature trees and a steep rocky shoreline. A review of the desktop mapping, indicated the following natural hazards or natural heritage features: -Our office has a regulated flood level of 163.07 metres above sea level associated with Bobs Lake -Bobs Lake is considered to be a watercourse for the purpose of our regulation -The property overlies a highly vulnerable aquifer -Steep slopes may be present along portions of the shoreline A review of our records does not reveal the presence of marine clays, organic soils, or wetland areas. Review Comments Provincial Policy Statement Regarding Section 2.1 our office has no concerns. Regarding Section 2.2 of the PPS, recommendations are provided related to the management of stormwater runoff, sediment and erosion control and maintenance of vegetation to mitigate impacts on water quality Concerning section 3.1 of the PPS our office has no concerns given the location of the proposed addition. Ontario Regulation 174/06 Currently, our office regulates the shoreline of Bobs Lake. Should any development be proposed along the shoreline of Bobs Lake (including, but not limited to, grading, site alteration, dock installation, or erosion protection works) prior written permission is required from our office in accordance with our (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses) made under Section 28 of the Conservation Authorities Act. The development proposed in the subject application does not include any shoreline alteration and is outside RVCA’s regulation limit, therefore written permission is not required from our office under the aformentioned regulation. Bobs Lake-Crow Lake Catchment Report This lot is located on Green Bay in Bobs Lake, the 2017 report indicates that West Basin has a water quality rating that ranges from “Good” to “Very Good”. Few nutrient exceedances, good fish habitat conditions in late summer, and generally clear water contributed to the rating. This
Page 311 of 368
Page 2 of 4
bay is noted to support lake trout thus minimizing nutrient input is important to maintain the habitat conditions of this sensitive species. The catchment report notes that well-vegetated shorelines are critically important in protecting water quality, and habitat conditions and reducing the potential for erosion. It highlights the importance of shoreline protection particularly where water setbacks cannot be met and the role in reducing the amount of stormwater runoff to the lake, this is particularly important on sensitive waterfront properties that have steep slopes or shallow soils. Mississippi Rideau Source Water Protection Plan This property has been identified as overlying a highly vulnerable aquifer as stated in the catchment report and indicated in the Mississippi-Rideau Source Water Protection Plan. These are aquifers that are vulnerable to surface contaminants due to thin or absent soils overlying bedrock that may be fractured. Where these conditions exist, it may be possible for contaminants to enter drinking groundwater supplies. For this reason, care should be taken to avoid land uses and practices that may inadvertently lead to undesirable effects on groundwater. For this reason, care should be taken to avoid land uses and practices that may inadvertently lead to undesirable effects on groundwater. Some best practices that could be considered include: • • • • •
increased well casing depths; increased distance of septic systems from drinking water wells; ensuring wells are located upgradient of septic sewage disposal systems ensuring that wells and septic systems are properly maintained, avoiding the use of pesticides, herbicides, and fertilizers.
Recommendations Should the Township allow the variance our office would have the following recommendation for conditions of any implementation agreement or notes to be included in any decision:
- Maintenance of and enhancement of vegetation within the existing setback and throughout the 30 m setback of the highwater mark from Bobs Lake.
- Roof runoff should be directed to the rear or side yards and to an area of soil depth or containment adequate to allow for absorption, infiltration, and treatment. Collection and management of runoff in this manner helps to control untreated surface water from running overland to Bobs Lake. This assists in preventing nutrients and sediment from reaching these features. This shall be to the satisfaction of the Township. -Any excavated materials will be disposed of 30 metres or more from the normal highwater mark of any watercourse or wetland at a proper disposal site. This shall be to the satisfaction of the Township.
- Sediment and erosion controls (such as silt fencing & straw bales) should be installed on the downslope side of the construction site prior to any works commencing (including demolition
Page 312 of 368
Page 3 of 4
and future construction) and be maintained in place until vegetation has re-established. This should be to the satisfaction of the Chief Building Official. -Should any work be undertaken along the shoreline of Bobs Lake permits would be required by the Rideau Valley Conservation Authority in accordance with Ontario Regulation 174/06 (“Development, Interference with Wetlands and Alteration to Shorelines and Watercourses”). Conclusions In conclusion, our office has no objection to the subject application. Please advise us on the Committee’s decision respecting this application or any changes in the status of the application. Thank you for the opportunity to comment and please do not hesitate to contact the undersigned at (613) 692-3571 x1109 should you have any questions. Yours truly,
Sarah MacLeod-Neilson Planner cc –Peter Smallman-Tew, owner
Page 313 of 368
Page 4 of 4
To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: November 10, 2022 Permission Application (S. 45(2) of the Planning Act) Subject: PL-ZNA-2022-0141, Peter Smallman - Tew, 179 Beatrice Lane, Bedford District
Summary This report recommends that the Committee of Adjustment grant approval of this application for permission to enlarge a legal non-conforming dwelling under section 45(2) of the Planning Act, subject to conditions.
Background Official Plan Designation: Rural Zoning: Limited Service Residential – Waterfront (RLSW) Relief Requested The applicant seeks permission under section 45(2) of the Planning Act to enlarge the legal non-conforming dwelling on the property within 30 metres of the highwater mark of Bob’s Lake (Green Bay). The dwelling is setback 14. 5 metres from the high water mark. A 625 square foot addition, with a 68 square foot covered porch, would be constructed to the rear of the dwelling, 22 metres to the high water mark. The height of the dwelling will also be increasing from 6.09 metres (20 feet) to 7.62 metres (25 feet). Related Applications The lands are not subject to any additional applications under the Planning Act.
Discussion/Analysis Property Description The property is located at 179 Beatrice Lane off Green Bay Road and has 140 metres of water frontage on Bob’s Lake. The property has a lot area of 6.21 acres (2.51 hectares) as a result of a lot addition approved in 2022 (file S-22-21-B). The topography is sloped down towards the lake and is accessed by a stairway and consists of exposed bedrock, with scattered mature trees. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 314 of 368
Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2022-0141, Peter Smallman - Tew, 179 Beatrice Lane, Bedford District
The property is developed with a seasonal dwelling (cottage) with attached deck, a detached garage, and two small utility sheds. The septic bed was installed in 2015. The existing dwelling is setback approximately 15 metres (49.21 feet) from the highwater mark. The attached deck is setback 14.5 metres from the highwater mark. The 936 square foot detached garage is setback approximately 40 metres (131.23 feet) from the highwater mark. The small utility sheds are located between the garage and the shoreline. The sewage system is located between the dwelling and the lane. Summary of Proposal The existing cottage will be renovated and converted to a year-round home. The rear wall of the dwelling will be partially demolished to accommodate an addition at the rear (east) of the dwelling. The proposed addition will be 7.5 metres by 7.5 metres, 57.76 metres squared. The proposed addition would be approximately 22 metres to the high water mark. At the back of the addition will also be a covered porch that is 6.28 square metres (67.67 square feet). The applicant provided updated building plans on October 21st, 2022, showing a covered porch added to the addition. The proposal includes raising the existing dwelling 1.53 metres (5 feet) so that it will be level with the addition. The proposal includes replacing the current pier blocks to enclose the foundation with a crawl space. This will increase the height of the building from 6.09 metres (20 feet) to 7.62 metres (25 feet). The proposed addition will have an increase in plumbing fixtures and increase in living space. The filter bed of the septic system is proposed to remain the same but the septic tanks on the back of the existing dwelling will be relocated to the back of the proposed addition from the current location. The existing uncovered deck on the waterfront side will also be demolished and reconstructed to the exact same dimensions. There will be no change in its size or location. According to the application, the existing deck is setback 14.5 metres (47.57 feet) from the highwater mark of Bob’s Lake. This structure will not need a minor variance as it will not be getting any closer to the water, increasing in size, or building footprint. Agency Comments Public Services did not provide comments on the application as the property is accessed from a private lane. Building Services provided comments on November 4th, 2022, that the existing sewage system is sized adequately to serve the proposed rebuild of the cottage including the proposed addition, based on the KFL&A permit BE-39-15. A risk of failure due to the age of approximately 7 years of service is unlikely. A site visit to confirm proper use and maintenance will be completed. As such, Building Services has no objection to the approval of the planning application. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 315 of 368
Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2022-0141, Peter Smallman - Tew, 179 Beatrice Lane, Bedford District
Rideau Valley Conservation Authority (RVCA) provided comments on November 2nd, 2022, that they have no objection to the addition to the rear of the dwelling. Recommendations were provided related to the management of stormwater runoff, sediment and erosion control and the maintenance and enhancement of vegetation within the existing setback and throughout the 30 metre setback of the highwater mark from Bobs Lake. These recommendations should be included in any decision. The development proposed in the subject application does not include any shoreline alteration and is outside RVCA’s regulation limit, therefore, written permission is not required from their offices under Ontario Regulation 174/06. Public Comments No comments were received from the public at the time this report was written. Planning Analysis The property is zoned RLSW – Limited Service Residential Waterfront in Zoning By-law No. 2003-75, so the dwelling is a permitted use. The use of the property is residential and will not change as a result of this application. Section 5.10.2 of the Zoning By-law states that existing buildings with less than the minimum 30 metre setback from the highwater mark of a waterbody may be repaired, renovated or strengthened to a safe condition provided there is no enlargement of the gross floor area or increase in height. This provision prohibits the enlargement and increase in height of these existing buildings, without seeking permission from the Committee of Adjustment. The existing dwelling was built in 1967 prior to the current Zoning By-law and is setback 14.5 metres (47 feet) from the highwater mark. Through its powers under section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the dwelling with the addition of living space and increase in height. The height of the dwelling is proposed to be raised from 6.09 metres (20 feet) to 7.62 metres (25 feet) to accommodate a crawlspace below the existing building. The increase in height of the dwelling is not anticipated to have an adverse visual impact, such as loss of sunlight, privacy, and views, on the properties to the north and south over the existing condition. The view from the lake is also not anticipated to be noticeably different than the impact of the existing dwelling, the enlargement will be visible from the south side of the lake.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 316 of 368
Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2022-0141, Peter Smallman - Tew, 179 Beatrice Lane, Bedford District
The proposed addition would be to the existing dwelling. The addition will be one storey, 7.6 metres by 7.6 metres, or 57.76 metres squared. It will be 7.62 metres (25 feet) in height. There will also be a small, covered porch to the rear of the addition. The proposed addition to the dwelling would be constructed to the rear of the dwelling, 22 metres to the high water mark. The proposed addition would be further from the highwater mark than the existing dwelling. Lot coverage of the principal building will increase from approximately 1.1% to 1.4%, which is less than the 5% permitted in the RLSW zone. Bob’s Lake is an at-capacity Lake Trout Lake, which means it is at-capacity for development with respect to additional nutrient loadings which may adversely affect water quality. As such RVCA has provided various recommendations and best practices they felt should be included in any implementation agreement or any decision should the variance be approved. These recommendations will be included in a development agreement that is a proposed condition of approval. The addition is not anticipated to have an adverse visual impact on the neighbouring properties as it would be located at the rear of the dwelling. The view from the lake is also not anticipated to be impacted over the existing condition. Conclusion It is the opinion of staff that it is appropriate for the Committee of Adjustment to grant permission to expand the legal non-conforming dwelling on the property, as described in this report.
Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing. This included notice given: • • • •
by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 317 of 368
Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2022-0141, Peter Smallman - Tew, 179 Beatrice Lane, Bedford District
Recommendation That the Committee of Adjustment receive comments from the public and, pending comments received, approve for application PL-ZNA-2022-0141 for 179 Beatrice Lane, subject to the following conditions.
- Permission is granted to enlarge the dwelling on the subject property by increasing the dwelling height by 1.53 metres (5 feet), and by increasing its gross floor area by 625 square feet, with setbacks to be consistent with the application sketch and the Building Plans received by the Township on October 21, 2022.
- The applicant is required to apply for, and enter into a Development Agreement that would 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. Maintenance of and enhancement of vegetation within the existing setback and throughout the 30 metres setback of the high water mark from Bob’s Lake. b. Appropriate erosion control measures (e.g., silt fence, straw bales) must be used during construction and until the site is stable and revegetated. c. Any excavated materials will be disposed of 30 metres or more from the normal highwater mark of any watercourse or wetland at a proper disposal site. This shall be to the satisfaction of the Township. d. Roof runoff should be directed to the rear or side yards and to an area of soil depth or containment adequate to allow for absorption, infiltration, and treatment. Collection and management of runoff in this manner helps to control untreated surface water from running overland to Bobs Lake. This assists in preventing nutrients and sediment from reaching these features. This shall be to the satisfaction of the Township. e. Proper decommissioning of the existing sewage tanks and/or their relocation. f. Should any work be undertaken along the shoreline of Bobs Lake permits would be required by the Rideau Valley Conservation Authority in accordance with Ontario Regulation 174/06 (“Development, Interference with Wetlands and Alteration to Shorelines and Watercourses”).
- A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 318 of 368
Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2022-0141, Peter Smallman - Tew, 179 Beatrice Lane, Bedford District
Report Prepared By: Sarah Cadue, M.P.L., Planner Reviewed By: Christine Woods, MCIP RPP, Senior Planner
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
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Page 320 of 368
Page 321 of 368
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TOVVNSHIP
Page 327 of 368
of
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and
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on
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June
Water.
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bedrooms ?xtures
property
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APPLICATION F.13 c.
1990,
development?
of
R.S.O.
structure system?
uses
to
in
and
the
disposal a privately
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or septic
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RAISING
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land
SOUTH
Planning
addition existing
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a
time
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purchased
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privy.
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cottage
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TOVVNSHIP
Page 328 of 368
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to
is
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to
distances
property importance
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iv)
be and
of
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is
HAVE
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abutting
and abutting REQUIRED be prepared
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natural subject river distance
all
to the ditches,
of
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landmar
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point..
line
lot
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file
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of
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is SKETCH and accurately
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following:
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1990,
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give
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showing
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please
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the Act
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FRONTENAC Act, R.S.O.
and dimensions buildings.
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boundaries
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yes,
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27
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item
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indicate the of
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answer If the the application.
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application.
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of
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TOVVNSHIP
tax
cu
Page 329 of 368
Page 330 of 368
to
all
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and
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shared
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ofthe
of
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FOR amended
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ng
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APPLICATION c. 1990, P.13
This is what question asking could be that asking are to you that asking or are to increase the you height that or are a variance to construct you seeking than the building. principal of
example,
Extent
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You aware not be may for pre—consuItation in
acres:
in
lot
mark.
mark,
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and
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to
FRONTENAC R.S.C). Act,
Reason why can’t you comply: could for be, because example, that is already close too to because of a impossible steep
front
water water
variance
you
zoning:
depth,
address
appoint
should
owners
Guide
SOUTH Planning
Current
when
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wish name,
address(es)
of
A
OF
variance p r owners All o c e the Subject Land: Description of s District: The a. are Districts the the same as former are Townships. If you s the roll number (the long number beginning on with bill. 1029) your tax . 020 or O10, 030, district is the numbers your are if 040-050, Bedford: numbers 060 Storringt Loughborough; are or is district if the 070, your on; numbers district is are Portland. your 080. b. Concession and are Lot Numbers: check bill not tax if you your sure. c. Street Number: Your civic address civic number has not been if a assi gne blank. space d, Name of Road/Street: This whether question applies or not are on you a road. public e. Plan No: has Reference been If your it will have property surveyed, a one or more on that has been surveyed. parts plan. not If your property blank. Roll No: This is the number beginning with ‘1029’ which on f. appears you r take time look it up to before the submitting application.
authorization.
person’s
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names
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TOVVNSHIP
Page 331 of 368
Buildings:
Proposed
Water their
buildings property.
of
“yes”
and
ANY
of under
Structure:
proposed
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separate
to
the is
columns.
construct
answer
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acquired:
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existing months?
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supply: water from
of most lake.
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to build
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the
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provide
of
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clear
possession
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each
you
it
in
ANYTHING
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of
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an
in
departme nt. wi th of ou reside t nce, involve
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a n d “,
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the
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to
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add
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t h e describe
of
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VARIANCE
accomplished the beginning at on add to your there is demolition
the be
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to
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on
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please
sections
land
only
IVIINOR
property
be
all
development
garages,
can
FOR amended
recreational
is
from permit height cannot the to Committee to permission
a
a
decks,
ALL proposed addition to
additions,
this
on
must
structures
vacant
relevant
as
and are vacant, you would 10 be “vacant
to
deck
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only
APPLICATION P.13 1990, C.
business,
currently section in
there
structures:
are If you includes
construction:
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buildings
retail
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FRONTENAC R.S.C). AC1‘,
demolition requires or increase addition walls. is made clear not If this although are that, you granted do it because have not made you a
in
—
new
structures:
proposing
is
in
are
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SOUTH Planning
Generally, the land be described section 1 3 would
Uses: example, use to
existing
or
of
20)Date
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of
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TOVVNSHIP
Page 332 of 368
SKETCH:
If
drawn
as has
this
this.
to
is
the
there
has
the
All
submitting owners
are not (PLEASE
stress necessarily
been if known,
zoning
to
the
be signed application, sign must
Must the
USE
a
the
or
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consent
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of
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io n ple ase
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accepted.
be
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of signed
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the
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s tb y a f f
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APPLICATION 1990, P.13 C.
a minor probably are If you
help
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drawn
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ever you
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be that
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FRONTENAC Act, R.S.O.
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current (Staff
is
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indemnify:
that
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Planning
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for
Drainage: natural
Septic:
TOVVNSHIP
Page 333 of 368
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PL-ZNA-2022-0142 (KOBUS) (KIMMETT)
6170 MCMULLEN LANE
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6154 MCMULLEN LANE Legend Subject Property
6164 MCMULLEN LANE
6132 CARLETON DR
Township Boundary Lake Trout Lake - At Capacity
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Page 334 of 368
6103 CARLETON DR
Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2020. 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: 1:1,500 6097 CARLETON DR 6094 CARLETON DR
0
12.5
25
50 m
6091 CARLETON DR
UTM Zone 18 NAD 83
Date: 2022-10-17
Page 335 of 368
TOWNSHIP OF
SLOPEAND EROSION ASSESSMENT 6154 MCMULLEN LANE SOUTH TowNsHIR,ONrARIo FRONIENAC OURREFERENCE No. 22-0518
PLANNINGDEARTMENT October I8, 2022
755 Baker Crescent Kingston, ON K7M6P5 Ph: (613) 634-4357 Fax: (613) 634-4353 Email: concorde@kos.net
The property features a plateau overlooking a rocky foreshore and waterfront. The slope is controlled by shallow/outcropping marble bedrock and rises through an elevation of 5 metres or so above the lake level at a rate of 37° or less. The shoreline was developed by filling some time ago. The regrowth is well established and includes cedars and hardwoods. Some gunstocking is observed on the lower slope between the outcropping bedrock and the lake.
3.0 DISCUSSION:
The slope was surveyed using a 30—meter measuring tape and a Suunto MC—2compass with a clinometer. The results are summarised on the section presented on Drawing N0. M1. A W‘-diameter steel rod was used to sound the soils. Refusal was typically realised at depths of less than 700mm. The reaction to the probe is consistent with granular soil.
The site is located on the west shore of Verona Lake and is accessed from McMu|len Lane; for the purposes of this assessment the property is considered to face east toward the lake. The subject lot features some 30 metres of waterfront, an existing cottage, garage, waterfront access and clock. The elevation difference from the roadway to the lake is approximately 5 metres. A plot plan for development is underway by the owner’s hand, a recent version is attached. It is understood the foundation for the cottage is to be underpinned to bedrock, and a new wood deck and shed are proposed, as outlined on the owner’s plot plan. The work will take place on a terrace overlooking the lake.
2.0 BACKGROUND 8. OBSERVATIONS:
This letter reports the results of a geotechnical assessment carried out at the above captioned property. The subject property includes waterfront on Verona Lake. This assessment is intended to assess the hazards to the property, based on a site visit conducted on June 3’“, 2022, premised on a TOO-year serviceability requirement under the provincial Natural Hazards Policy.
1.0 INTRODUCTION:
RE:
DANIEL KIMMEIT
ENG
EERING SOUTH FRONTENAC
CONCO II '
OCTI8 2022
RECEIVED
Page 336 of 368
.
to advance
2
adjacent
the foundations. Discharge from eave
We trust that this report is to your satisfaction. this submission, please contact our office.
in accordance
with Section
Yours truly. CONCORD ENGINEERING
Should you have any questions or concerns regarding
Based on the foregoing, it is considered that the lot may be developed 3.1 of the Provincial Policy Statement as concerns sloping terrain.
of the property. We do not anticipate any problems with erosion or global slope stability from building, shed, decks or any similar structures bearing on bedrock west of the crest of the slope as described. The stability of the slope is sufficient to support a reduction of the typical l5—metresetback from top of slope to nil.
The site is limited in extent, by sloping ground, granular soils and the adjacent lake. Recommendations provided in this report will address these limitations as regards the proposed development
4.0 CONCLUSIONS:
Preservation of the shoreline and foreshore vegetation is consistent with provincial policy. If disturbance is necessary measures to re—establish the vegetative cover should be implemented as effectively and soon as possible to avoid unclue erosion.
Eave trough is recommended to preserve the grade trough downspouts should be directed away from the slope.
—
Footings bearing on the bedrock scaled and cleaned of weathered and disturbed material may be designed for an allowable bearing pressure of 500KPa. The bedrock is not regarded as frost susceptible. if sloping bedrock is encountered footings should be pinned using l6" lengths of l5M bar embedded lO" into the underlying bedrock spacing of dowels will depend on site conditions.
The granular soils once disturbed are considered prone to erosion. During construction control measures such as silt fencing at the crest of the slope are recommended. The performance of control measures should be monitored and additional efforts taken as warranted. Disturbed areas should be restored and seeded or replanted to promote re-growth, as soon as possible following completion of the work.
No groundwater was observed at the time of the fieldwork. Excavation is not expected near or below the surface of the groundwater table or bedrock.
Reference No. 22-0518
Page 337 of 368
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Page 338 of 368
Reference No. 22-0518
Page 339 of 368
Page 340 of 368
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. PL0302-2022 Municipality:
Township of South Frontenac
Landowner:
Susan Kobus / Daniel Kimmett
Location:
6154 McMullen Lane
Roll #:
10290800901040000000
Part Lot 9, Concession 11
Portland
Requesting relief of the proposed accessory building (detached garage/shed) and open deck to the top of the slope and high-water mark of Verona Lake. It is understood that the proposed accessory building will be located 9.5 metres from the top of the slope and 16.8 metres from the seasonal high-water mark of the Lake. Further, the open deck proposed for the easterly side of the dwelling will be located 0 metres from the top of the slope and 3.9 metres from the seasonal high-water mark of the Lake.
Application Description:
Minor Variance Application File No. PL-ZNA2022-0142
Feature:
Verona Lake and steep slope adjacent to the Lake 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 hazard lands. Quinte Conservation staff have reviewed the Slope and Erosion Assessment report, prepared by Concord Engineering dated June 24, 2022, later updated October 18, 2022. The report assessed the stability of the slope on the subject property, in addition to the 100-year erosion limit. The report states that the bedrock at the site is resistant to erosion and stable at vertical slopes within the context of 100 years and concludes that a development setback of nil is sufficient. As per the report, it is understood that the deck will bear on the bedrock west of the crest of the slope (landward side as opposed to closer to the water) and the proposed site diagram illustrates the deck will not extend beyond the top of the slope.
Comments:
Although the report also proposes that no setback be applied to the top of the slope to a proposed building or shed, Quinte Conservation would enforce a minimum setback of 6 metres (as well as a minimum setback of 15 metres from the 1:100-year flood plain of Verona Lake – whichever is greater), to the proposed garage/shed accessory building. As the proposed deck does not extend any further past the top of the slope, and the accessory building meets the minimum 6 metres from top of slope and 15 metres from 1:100-year flood plain, staff have no concerns with the proposed development resulting from the proposed variance application. As a result, staff are satisfied that the application as presented is consistent with section 3.1 of the PPS.
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 Verona Lake, as well as the steep slope adjacent to the Lake (by virtue of Ontario Regulation #319/09 – Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses). Please note that the owners will need to apply to the Conservation Authority for a permit prior to development (construction / filling/ excavation/ site grading) within 45 metres of the 1:100-year flood plain of Verona Lake and within 30 metres of the top of the slope adjacent to Verona Lake (whichever is greater). Page 1 of 2
Page 341 of 368
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 wildlife habitat, 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. Note that, the landowner is responsible for ensuring that endangered species are not harmed as a result of any proposed development on the subject lands. The Endangered Species Act, 2007 (ESA, 2007) applies to all proposed development. Species listed as extirpated, endangered, or threatened on the Species at Risk in Ontario (SARO) list are protected under the ESA, 2007. Section 9 prohibits killing, harming, harassing, possessing, collecting, buying and selling etc. of species listed as extirpated, endangered or threatened on the SARO List. Section 10 prohibits the damage or destruction of the protected habitat of species listed as extirpated, endangered or threatened on the SARO List. For further information on species at risk, or to determine what species may be present in your area please consult the Ministry of the Environment Conservation and Parks or visit their website at https://www.ontario.ca/page/species-risk.
Final Comments:
As per the Slope and Erosion Assessment prepared by Concord Engineering (dated June 24, 2022, and revised October 18, 2022), Quinte Conservation has no objection to the minor variance application as presented. A permit from this office will be required prior to construction of the proposed deck and accessory building.
October 24, 2022 Date
Sam Carney Planning Technician And: Mark Boone, Hydrogeologist/Regulations Officer
Page 2 of 2
Page 342 of 368
To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: November 10, 2022 Application for Minor Variance and for Permission to Enlarge Legal Non-Conforming Use (S. 45(1) and (2) of Planning Act) Subject: PL-ZNA-2022-0142, Kobus (Kimmett), 6154 McMullen Lane, Portland District
Summary This report recommends that the Committee of Adjustment grant approval of the portion of this application for zoning relief for an accessory building (detached garage) setback less than 30 metres from the highwater mark and less than 15 metres from the top of bank, subject to conditions, as this portion of the application meets the four tests of a minor variance outlined in section 45(1) of the Planning Act. This report recommends that the Committee of Adjustment deny the portion of this application for permission to enlarge a legal non-conforming dwelling under section 45(2) of the Planning Act.
Background Official Plan Designation: Settlement Area Zoning: Urban Residential – First Density (UR1) Zoning Relief Requested for Accessory Building Section 5.8.2(a) – to permit an accessory building (detached garage) to be setback a minimum of 16.8 metres from the highwater mark of Verona Lake, whereas a minimum 30 metre setback is required for all buildings and structures. Section 5.8.2(b) – to permit an accessory building (detached garage) to be setback a minimum of 9.5 metres from the top of bank, whereas a minimum 15 metre setback is required for all buildings and structures. Relief Requested for Dwelling The application is seeking permission under section 45(2) of the Planning Act to enlarge the legal non-conforming dwelling on the property within 30 metres of the highwater mark of the Verona Lake. The enlargement would be in the form of an attached deck. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 343 of 368
Township of South Frontenac Staff Report - PL-ZNA-2022-0142, Kobus (Kimmett), 6154 McMullen Lane, Portland District
Related Applications The lands are not subject to any additional applications under the Planning Act.
Discussion Property Description This 1065 square metre (0.26 acre) property has frontage on McMullen Lane and Verona Lake. A hydroline crosses the property parallel with the lane. There is a high, steep slope along the shoreline at the east end of the property. Otherwise, the lands are generally level. The property is developed with a dwelling and a small shed. The one-storey dwelling has an approximately 635 square foot footprint, according to the agent. The dwelling is setback 6.3 metres from the highwater mark, and approximately 3 metres from the top of bank. The small, approximately 70 square foot shed is located immediately to the south of the dwelling against the southern property line. The sewage system for the dwelling is located to the west, between the dwelling and the lane. There is a well to the north of the dwelling near the top of bank. Summary of Proposal The application is seeking a variance for an accessory building (detached garage). The application states that the garage would be used for the storage of ATVs, lawn mower, patio furniture, tools and outdoor accessories. The 291 square foot (27 square metre), onestorey garage would be located on the north end of the property. It would be setback 16.8 metres from the highwater mark and 9.5 metres from the top of bank. The application is also seeking permission to add a deck to the waterside of the dwelling. The application states that the deck would facilitate a secondary emergency exit off the waterside of the cottage. The irregular-shaped deck would have an area of 275 square feet (25.5 square metres). The deck would be setback 3.9 metres from the highwater mark and 0 metres from the top of bank. Supporting Documentation A Slope and Erosion Assessment (Concord Engineering, October 18, 2022) was submitted in support of the application. The consultant assessed the shoreline slope for type of bedrock, angle, and stability. They determined that the bedrock at the site is resistant to erosion and is stable at vertical slopes within the context of 100 years, as required by provincial natural hazard policy. The report concluded that they do not anticipate any problems with erosion or global slope stability from building, shed, decks or similar structures bearing on bedrock west of the crest of the slope. Also, that the stability of the slope is sufficient to support a reduction from the required 15 metre setback from the top of bank. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
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Township of South Frontenac Staff Report - PL-ZNA-2022-0142, Kobus (Kimmett), 6154 McMullen Lane, Portland District
Agency Comments Quinte Conservation reviewed the Slope and Erosion Assessment on behalf of the Township. They were satisfied with the findings of the report. They have no objection to the approval of the application. Written permission will be required from Quinte Conservation under O. Reg. 319/09 for the proposed garage and deck, if the variance/permission application is approved. Public Comments No comments were received from the public at the time of the writing of this report. Planning Analysis for Accessory Building The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. It is the opinion of Planning staff that the proposal for the accessory, detached garage meets the four tests as explained below. Does the variance maintain the general intent and purpose of the Official Plan? The proposed variances maintain the general intent and purpose of the Official Plan related to residential development, and development adjacent to environmentally sensitive areas. The subject property is designated Settlement Area on Schedule A of the Official Plan. The proposed detached garage would be an accessory use to the permitted, existing residential use of the property. The proposed garage would be close to a steep shoreline. Section 5.2.4 of the Official Plan states that the Township will direct development or site alterations away from lands identified by the municipality which may be subject to shoreline erosion hazards. This is typically done through the implementation of a 15 metre setback from the top of bank, as required by the Zoning By-law. A Slope and Erosion Assessment was completed that determined that it would be safe for the proposed garage to be setback less than 15 metres from the top of bank. Quinte Conservation reviewed the Slope and Erosion Assessment on behalf of the Township, and were satisfied with the findings of the report. The proposed location of the garage appears to maximize the setback from the highwater mark, as intended by section 5.2.7(b) of the Official Plan. Does the variance maintain the general intent and purpose of the Zoning By-law? The proposed accessory building (detached garage) is a permitted use in the UR1 zone. The setbacks from the highwater mark and from the top of bank appear to be maximized, www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
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Township of South Frontenac Staff Report - PL-ZNA-2022-0142, Kobus (Kimmett), 6154 McMullen Lane, Portland District
when considered in conjunction with the minimum setback required from the hydrolines that cross the property, and the required functionality of the building (e.g. rotating the building 90 degrees may impact the ability to park a vehicle in the garage). Safe access between the garage and the top of bank can be achieved with the 9.5 metre setback from the top of bank. The garage would be farther from the highwater mark and the top of bank than the existing dwelling. The proposed garage and existing shed would result in 3.1% lot coverage for all accessory buildings, which is less than the maximum 5% permitted. It is also less than the lot coverage of the dwelling (5.5%). The proposed variances maintain the general intent and purpose of the Zoning By-law. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The variances for the proposed detached garage are desirable for the appropriate use of the land and building as it allows for the enclosed storage of vehicles and goods which should help keep the property in a neat and safe condition. Is the variance minor? The requested variances are minor as they maintain the general intent and purpose of the Official Plan and Zoning By-law, and are desirable for the appropriate use of the land and building. They are not anticipated to impact the planned functionality of the property. An existing cedar hedge on the north side of the property will provide visual screening to the dwelling to the north. The existing dwelling will provide visual screening to the dwelling to the south. The height of the shoreline embankment and distance of the garage from the top of bank, and being farther back than the existing dwelling should help minimize visual impacts when viewed from the lake or properties across the lake. Planning Analysis for Enlargement of Dwelling The property is zoned UR1 in Zoning By-law No. 2003-75. The UR1 zone permits a single detached dwelling, but not a seasonal dwelling. The dwelling on the property is a seasonal dwelling, as it is not winterized. This seasonal dwelling use is a legal non-conforming use because the building was constructed prior to the current Zoning By-law. Section 5.10.2 of the Zoning By-law states that existing buildings with less than the minimum 30 metre setback from the highwater mark of a waterbody may be repaired, renovated or strengthened to a safe condition provided there is no enlargement of the gross floor area or increase in height. This provision prohibits the enlargement of these existing buildings, without seeking permission from the Committee of Adjustment. The existing dwelling is a legal non-conforming building because it was constructed prior to the current Zoning By-law and is setback 6.3 metres from the highwater mark of Verona Lake. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
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Township of South Frontenac Staff Report - PL-ZNA-2022-0142, Kobus (Kimmett), 6154 McMullen Lane, Portland District
Through its powers under section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the dwelling. The dwelling is setback 6.3 metres from the highwater mark, and approximately 3 metres from the top of bank. The land between the dwelling and the top of bank is generally level, and is vegetated with grass. The slope is vegetated with low-growing plants and a few trees. The proposed 275 square foot deck would be setback 3.9 metres from the highwater mark, and 0 metres from the top of bank. This would result in a reduction in setbacks over the existing situation of the dwelling. Measurements taken by staff at the property indicate that the deck would actually extend beyond the top of bank. Although the deck may not impact on neighbours, it is the opinion of staff that it would not be appropriate or desirable to permit a deck to be attached to the dwelling in the proposed location which goes closer to the high water mark and to the top of bank. A deck that extends to, or beyond, the top of bank on the subject property may impair the ability of the owner to safely maintain and repair the dwelling, and the slope if needed. In addition, it would not be consistent with how the majority of waterfront properties along McMullen Lane and Carleton Drive, and around Verona Lake, have developed and redeveloped over time. Setbacks from the highwater mark and top of bank have been maintained or increased on waterfront properties in order to provide buffers along the shoreline (which helps maintain lake water quality) and to ensure safe access around buildings and to slopes and shorelines. The lands to the north of the dwelling, in line with the dwelling, would be more appropriate for a deck or patio area as they are generally level and less impeded. Conclusion It is the opinion of staff that it is appropriate for the Committee of Adjustment to grant the requested variances for the proposed accessory building (detached garage), as this portion of the application meets the four tests of a minor variance outlined in section 45(1) of the Planning Act. It is the opinion of staff that the Committee of Adjustment should not grant permission to enlarge the legal non-conforming dwelling on the property, as described in this report.
Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing. This included notice given: • • •
by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by posting on the Township’s Current Planning Application webpage www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
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Township of South Frontenac Staff Report - PL-ZNA-2022-0142, Kobus (Kimmett), 6154 McMullen Lane, Portland District
•
by e-mail to prescribed persons and public bodies
Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2022-0142 relative to the detached garage, subject to the following conditions. It is recommended that the Committee of Adjustment deny the portion of the application that relates to enlarging the legal non-conforming dwelling.
- The minor variance is for an accessory building (detached garage). The garage is permitted to be setback a minimum of 16.8 metres from the highwater mark of Verona Lake and 9.5 metres from the top of bank. The location of the garage on the property must be consistent with the submitted application and sketches that will be attached to the Decision as Schedule “A”.
- The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated. b. Roof runoff will be directed away from the top of bank, and discharged to natural or constructed leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads to reduce the velocity of runoff. c. A natural vegetated buffer must be maintained in its natural state along the shoreline embankment.
- A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac.
- Minor variance Pl-ZNA-2022-0142 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Report Prepared By: Christine Woods, MCIP RPP, Senior Planner
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
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STEELE RD
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PL-ZNA-2022-0143 (FLOHR & O’SHEA)
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Bobs Lake Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2020.
MEADOW LANE
ANDERSON RD N
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Page 357 of 368
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.
9A ROBIN LANE
MEADOW LANE
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51 MEADOW LANE
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Scale: 1:4,000 48 ROBIN LANE
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Date: 2022-10-17
November 3, 2022 22-SFR-MVA-0081 (Bedford) Township of South Frontenac Committee of Adjustment PO Box 100 4432 George Street Sydenham, ON K0H 2T0
Attention: Sarah Cadue, Planner
Subject:
Flohr, Rick & O’Shea, Debby, Application for Minor Variance, PL-ZNA-20220143– 81 Maple Grove Lane, Lot 24, Concession 3; Geographic Township of Bedford, Now the Township of South Frontenac; Roll Number: 1029 0200 2039 7000 0000
Dear Ms. Cadue, The Rideau Valley Conservation Authority (RVCA) has reviewed the subject applications within the context of:
- Section 2.1 Natural Heritage, 2.2 Water and 3.1 Natural Hazards of the Provincial Policy Statement under Section 3 of the Planning Act;
- The Rideau Valley Conservation Authority (“Development, Interference with Wetlands and Alteration to Shorelines and Watercourses” regulation 174/06 under Section 28 of the Conservation Authorities Act);
- The Mississippi-Rideau Source Water Protection Plan;
- The Tay-River-Bobs Lake Catchment Report
The Proposal The RVCA understands this application seeking relief from the zoning by-law for the construction of two sheds, identified as shed A (12 ft x 30 ft) and shed B (12 ft x 16 ft) on the submitted site plan. It is understood shed A requires relief from section 5.24.2 of the Township’s Zoning by-law as it will not be located to the rear of the existing dwelling.
Page 358 of 368
The Property The subject property is approximately 3.2 ha. There is an existing cottage with an attached deck, a small sauna, and shed “B” as identified in the site plan. The lot is largely forested with several mature trees retained throughout the developed portion. The terrain is varied with rocky outcrops, the developed portion slopes gently south towards Maple Grove Lane. A review of the desktop mapping and site visit conducted Nov 2, 2022 indicated the following natural hazards or natural heritage features: -A watercourse flows from north to south through the centre of the property -A second watercourse not identified on mapping products was observed on site approximately 13 m from the dwelling. -The property overlies a highly vulnerable aquifer -Steep slopes may be present on the subject property A review of our records does not reveal the presence marine clays, organic soils or wetland areas. Review Comments Provincial Policy Statement Regarding Sections 2.1 and 3.1 of the PPS our office has no concerns. In relation to Section 2.2 of the PPS our office has some concerns regarding the proposed development and has provided recommendations to protect, restore or improve water quality. Ontario Regulation 174/06 The subject property is not within an area regulated by RVCA, as a result, written permission from our office is not required with respect to development and site alteration. Please note that any proposed alterations to watercourses or waterbodies, including but not limited to, culvert installation, bridge crossings, diverting, dredging, realigning, stabilizing, requires the prior written permission of the RVCA in accordance with Ontario Regulation 174/06 “Development, Interference with Wetlands and Alterations to Shorelines and Watercourses”. Tay-River-Bobs Lake Catchment Report The subject property is located within Tay River-Bobs Lake catchment, the mapped watercourse flows south approximately 350 m before draining into Bobs Lake (West Basin). The 2017 report indicates that West Basin has a water quality rating that ranges from “Fair” to “Good”. The unmapped watercourse observed appears to join the mapped watercourse south of Maple Grove Lane and would likely be considered a headwater drainage feature. These features provide important ecosystem services such as sediment transport, aquatic and terrestrial habitats. To protect watercourses and natural features best land use management practices should be implemented that maintain natural runoff patterns that encourage infiltration of surface water. This includes retaining natural vegetation on the site, particularly within the 30 m riparian zone along the shoreline of all waterbodies, watercourses, and wetlands.
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Page 2 of 5
Mississippi Rideau Source Water Protection Plan This property has been identified as overlying a highly vulnerable aquifer as stated in the catchment report and indicated in the Mississippi-Rideau Source Water Protection Plan. These are aquifers that are vulnerable to surface contaminants due to thin or absent soils overlying bedrock that may be fractured. Where these conditions exist, it may be possible for contaminants to enter drinking groundwater supplies. For this reason, care should be taken to avoid land uses and practices that may inadvertently lead to undesirable effects on groundwater. For this reason, care should be taken to avoid land uses and practices that may inadvertently lead to undesirable effects on groundwater. Some best practices that could be considered include: • • • • •
increased well casing depths; increased distance of septic systems from drinking water wells; ensuring wells are located upgradient of septic sewage disposal systems ensuring that wells and septic systems are properly maintained, avoiding use of pesticides, herbicides and fertilizers.
Discussion & Recommendations It is understood at the time of application that the unmapped watercourse had not been identified. During the site visit flowing water was observed within the channel located approximately 16 m from shed “B” and 13 m from the existing dwelling. The Townships Zoning by-law states: “Notwithstanding anything in this By-law, no building or structure (other than a marine facility as defined in this by-law), or septic tank installation including the weeping tile field shall be located: a. within 30 metres (98.4 ft.) horizontal of the highwater mark of a waterbody or permanent watercourse, notwithstanding that such body of water or watercourse is not shown on any schedule forming part of this By-law.” -Section 5.8.2 In considering the application for relief from Section 5.24.2 our office has no concerns for the proposed location of shed “A” it is noted that this section of the zoning by-law requires “accessory building which is not part of the main building shall be erected to the rear of the projected front or exterior side wall of the main building.” To meet this provision shed “A” would be within the required 30 m setback of the watercourse. Our office has no objection to the proposed location. With respect to shed B it is acknowledged that there are limited opportunities to locate the structure outside the 30 m setback within the developed portion of the property. The shed has previously been placed on the property with grading to support the structure without the benefit of review by our office. Natural drainage patterns in the vicinity of the shed appear to direct runoff away from the unmapped watercourse towards the existing driveway. It is the opinion of this reviewer that an improvement in the setback could be achieved to better meet the intent of the Township’s zoning by law.
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Should the Township allow the variance our office would have the following recommendation for conditions of any implementation agreement or notes to be included:
- Natural drainage patterns should be maintained. Roof runoff should be directed away from natural features and services and to an area of soil depth or containment adequate to allow for absorption, infiltration and treatment. Collection and management of runoff in this manner helps to control untreated surface water from running overland to Bobs Lake. This assists with preventing nutrients and sediment from reaching these features. This shall be to the satisfaction of the Township. -Any excavated materials will be disposed of 30 metres or more from the normal highwater mark of any water body or watercourse at a proper disposal site. This shall be to the satisfaction of the Township.
- Sediment and erosion controls (such as silt fencing & straw bales) should be installed on the downslope side of the construction site prior to any works commencing (including demolition and future construction) and be maintained in place until vegetation has re-established. This should be to the satisfaction of the Chief Building Official.
- Existing vegetation should be retained between the development envelope and the watercourse
- Any proposed alterations to watercourses or waterbody, including but not limited to, culvert installation, bridge crossings, diverting, dredging, realigning, stabilizing, requires the prior written permission of the RVCA in accordance with Ontario Regulation 174/06 “Development, Interference with Wetlands and Alterations to Shorelines and Watercourses”. Conclusions In conclusion with consideration of the recommendations noted above our office has no objections. Please advise us on the Committee’s decision respecting this application or any changes in the status of the application. Thank you for the opportunity to comment and please do not hesitate to contact the undersigned at (613) 692-3571 x1109 should you have any questions. Yours truly,
Sarah MacLeod-Neilson Planner cc – Rick Flohr & Debby O’Shea, owners
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To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: November 10, 2022 Minor Variance Application (S. 45(1) of the Planning Act) Subject: PL-ZNA-2022-0143 (Flohr & O’Shea) – Rick Flohr & Debby O’Shea, 81 Maple Grove Lane, District of Bedford
Summary This application is a request for zoning relief to allow an accessory building (shed) to be located in the projected front yard of an existing dwelling. The application is also requesting relief to place another accessory building (shed) within 30 metres (98.4 feet) of the highwater mark of a watercourse. This report recommends that the Committee of Adjustment grant approval of this application, subject to conditions, as this application meets the four tests of a minor variance under section 45(1) of Planning Act.
Background Official Plan Designation: Rural Zoning: Limited Service Residential Zone (RLS)
Zoning Relief Requested Section 5.24.2 – to permit an accessory building (Shed “A”) to be located in front yard of the property, whereas Section 5.24.2 of the Township Zoning Bylaw states any accessory building which is not part of the main building shall be erected to the rear of the projected front or exterior side wall of the main building. Section 5.8.2 (a) – to permit an accessory building (“Shed B”) to be setback a minimum of 16 metres from the highwater mark of a waterbody or permanent watercourse, whereas the Zoning Bylaw requires a minimum of 30 metres setback from the high water mark of a waterbody or permanent watercourse.
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Township of South Frontenac Staff Report - PL-ZNA-2022-0143 (Flohr & O’Shea) – Rick Flohr & Debby O’Shea, 81 Maple Grove Lane, District of Bedford
Discussion/Analysis Property Description The subject property municipally known as 81 Maple Grove Lane is located east of Steele Road. The property is at the corner of Maple Grove Lane and Meadow Lane and has an area of approximately 3.2 hectares (7.9 acres). The property consists of forest and rocky outcrops. The developed portion of the property slopes gently south towards Maple Grove Lane. There is a watercourse feature (creek) on the west side of the lot that appears to be connected to a larger watercourse north of the lot. There also another watercourse feature on the east side of the property, approximately 13 metres (43 feet) to the rear of the dwelling. A small footbridge has been installed to allow the crossing of the feature. The subject property contains a seasonal dwelling (cottage) with a front deck and a rear deck, a barrel sauna and septic tank and field. The property contains a gravel driveway leading up to the dwelling. The septic tank and field are located to the south of the dwelling in the front of the dwelling. The surrounding lots are developed with similar residential uses.
Summary of Proposal The application is requesting relief to permit a 34 square metres (360 square feet) shed, further referred to as Shed “A” on the submitted site plan, to be located in the front yard of the dwelling, 25 metres (82 feet) to Maple Grove Lane. Shed “A” will be one storey with a height of 3.35 metres (11 feet). The setback of the proposed shed to the high water mark of the westerly watercourse is 53.34 metres (175 feet). Shed “A” is more than 30 metres (98.4 feet) from the easterly watercourse. The interior side yard setback is 15 metres (11 feet) and the setback to the dwelling is 15 metres (11 feet). The eastern watercourse feature was identified during the review of the application and upon review of 2014 aerial photography. As the applicant was proposing to locate another smaller shed 17.83 square metres (192 square feet) behind the dwelling, referred to as Shed “B” on the submitted site plan, the need for an additional variance was identified. It was noted during a site visit that this shed was recently placed on the property. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
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Township of South Frontenac Staff Report - PL-ZNA-2022-0143 (Flohr & O’Shea) – Rick Flohr & Debby O’Shea, 81 Maple Grove Lane, District of Bedford
As a result, the applicant is also requesting relief to place Shed “B” in a location setback 16 metres (53 feet) from the highwater mark of the watercourse.
Department and Agency Comments This application as not circulated to Public Services as the proposed sheds are located on a private lane. This application did not meet the criteria to be circulated to Building Services (sewage review) as no plumbing fixtures are being proposed in either of the sheds. Rideau Valley Conservation (RVCA) provided comments on November 3rd, 2022. They confirmed, based on a site visit to the property, the presence of a flowing watercourse 13 metres from the existing dwelling and 16 metres from the proposed Shed “B” on the submitted drawings/site plan. RVCA staff did not have any objection to the proposed Shed “A” as it is outside the required setbacks from the watercourses. RVCA staff stated that with respect to Shed “B” it was acknowledged that there are limited opportunities to locate the structure outside the 30 metre (98.4 feet) setback within the developed portion of the property. Natural drainage patterns in the vicinity of the shed appear to direct runoff away from the unmapped watercourse towards the existing driveway. It is the opinion of the reviewer that an improvement in the setback could be achieved to better meet the intent of the Township’s Zoning By-law. RVCA proposed several recommendations and best practices that they felt should be included in any implementation agreement for the minor variance for Shed “B”.
Public Comments No comments were received from the public at the time of the writing of this report.
Planning Analysis The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. All four tests must be met for an application to be approved. It is the opinion of Planning staff that the proposal meets the four tests as explained below.
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Township of South Frontenac Staff Report - PL-ZNA-2022-0143 (Flohr & O’Shea) – Rick Flohr & Debby O’Shea, 81 Maple Grove Lane, District of Bedford
Does the variance maintain the general intent and purpose of the Official Plan? The subject property is designated Rural in the Township Official Plan. Both sheds are accessory uses consistent within the permitted residential use of a property in the Rural designation. Does the variance maintain the general intent and purpose of the Zoning By-law? The proposed sheds are permitted accessory uses to the seasonal dwelling in the RLS zone. For Shed “A”, Section 5.24.2 of the Zoning Bylaw states that any accessory building which is not part of the main building shall be erected to the rear of the projected front or exterior side wall of the main building. Where accessory buildings are located behind the main buildings, they shall be located in accordance with the provisions of the particular zone. Accessory buildings are not permitted within the front yard as of right. However, the location of Shed “A” is logical for the development due to site constraints and will meet all the other Zoning Bylaw regulations as follows: •
Shed “A” will be setback 25 metres (82 feet) from Maple Grove Lane which is consistent with the minimum 20 metre (65.6 feet) front yard setback required for the dwelling in the RLS Zone. The setback is slightly greater than what’s required for a dwelling.
•
The height of the shed will be 3.4 metres (11 feet), whereas 6 metres (19.7 feet) is the maximum height permitted for accessory buildings in the RLS Zone.
•
The proposed shed is located a suitable distance from the property lines taking into consideration the location of the septic tank, the watercourse features, and the road.
•
The proposed shed will meet the minimum side yard setback for accessory buildings (3 metres (9.8 feet) is required, whereas 15 metres (49.2 feet) is provided).
•
The proposed shed does not exceed the maximum permitted lot coverage for accessory buildings, and the structure is not larger than the principal building.
•
Section 5.24.6 of the Zoning Bylaw also states that the minimum distance between any building on a lot including accessory buildings and principal buildings shall be 3.0 metres (9.8 feet), the distance between Shed “A” and the dwelling is 15 metres (49.2 feet).
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Township of South Frontenac Staff Report - PL-ZNA-2022-0143 (Flohr & O’Shea) – Rick Flohr & Debby O’Shea, 81 Maple Grove Lane, District of Bedford
Shed “B” was placed in the rear yard, 16 metres (52 feet) from the easterly watercourse. Shed “B” is farther from the watercourse than the dwelling. Shed “B” meets all the other Zoning Bylaw requirements for accessory buildings. The interior side yard setback is 15 metres (49 feet), the height is 3.4 metres (11 feet), and its setback 4 metres (13 feet) from the dwelling. Shed “B” is also 50 metres (164 feet) to the westerly watercourse and therefore meets the 30-metre (98.4 feet) setback to that watercourse. As such, the variance maintains the general intent and purpose of the Zoning By-law. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? Shed “A” is located 25 metres (82 feet) from Maple Gove Lane. The shed will be located off the east side of the existing driveway. Locating the shed to the rear of the dwelling (north) would not maximize the distance from the highwater mark and would require extensive excavation and work to remove large Oak trees on the property. It also may disrupt the watercourse features on the property. The requested variance is desirable for the appropriate development of the land as locating the shed in the front yard allows it to not encroach on the setback of the watercourse. The shed will be visible from the road; however, it would be well set back from the front lot line. The existing gravel driveway may need to be widened to accommodate the accessory building. Shed “B” is relatively small. It would be located to the rear of the dwelling. The shed is in a location that slopes south towards Maple Grove Lane away from the watercourse, so that roof runoff from the shed would naturally flow away from the watercourse. The location is an actively used area on the property. With respect to Shed “B”, there are also limited opportunities to locate the structure outside the 30 metre (98.4 feet) setback within the developed portion of the property. Is the variance minor? Shed “A” does not appear to have any negative effects to the adjacent properties as it would be setback 25 metres from the lane and is within an already cleared area. Shed “A” will be visually screened from adjacent properties by the existing forest on the property. Yes, the variance is minor as it maintains the general intent and purpose of the Official Plan and Zoning By-law and is desirable for the appropriate development of the land. Shed “B” does not appear to have any negative effects to the adjacent properties as it located the rear of the dwelling and setback 15 metres (49 feet) from the interior side yard and there is a visual buffer provided by the forest. Yes, the variance is minor as it maintains the general intent and purpose of the Official Plan and Zoning By-law and is desirable for the appropriate development of the land. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
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Township of South Frontenac Staff Report - PL-ZNA-2022-0143 (Flohr & O’Shea) – Rick Flohr & Debby O’Shea, 81 Maple Grove Lane, District of Bedford
RVCA has made recommendations for the implementation of best practices in relation to Shed “B” but based on the size of the watercourse, the size of the shed, and the forested nature of the property, a Development Agreement with such conditions is not warranted.
Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing. This included notice given: • • • •
by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies
Recommendation That the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PZNA-2022-0143 for 81 Maple Grove Lane, District of Bedford, subject to the following conditions:
- The Minor Variance is for two sheds. That Shed “A” is permitted to be located in the front yard of the dwelling, and setback a minimum of 25 metres from the front lot line abutting Maple Grove Lane. That Shed “B” is permitted to be setback a minimum of 16 metres from the high water mark of the easterly watercourse on the property, as per the drawings received with PL-ZNA-2022-0143, attached to the Decision as Schedule “A”.
- A building permit is required for ALL construction and demolition on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac.
- Minor variance PL-ZNA-2022-0143 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws.
Report Prepared By:
Sarah Cadue, M.PL., Planner
Reviewed By:
Christine Woods, MCIP RPP, Senior Planner
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