Committee Of Adjustment - 10 Oct 2019 - Agenda

Published October 10, 2019

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Reading Time 60 min read

Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: October 10, 2019 Collection: Council Agendas Municipality: South Frontenac

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Document Text

TOWNSHIP OF SOUTH FRONTENAC COMMITTEE OF ADJUSTMENT MEETING AGENDA TIME: DATE: PLACE: 1.

7:00 PM, Thursday, October 10, 2019 Council Chambers.

Call to Order

a) 2.

Adoption of Agenda

a) 3.

Declaration of pecuniary interest

Approval of Minutes – September 12, 2019

a) 5.

New Consent Applications:

S-17-19-L (Ingle) Location: Part Lot 24, Concession 7, Being Part 1 on Plan 13R21669,

3 - 15

District of Loughborough, Township of South Frontenac, municipally known as 5319 North Shore Road, Perth Road.

Purpose of Application: Consent for conveyance of a lot addition consisting of approximately 0.304 hectares (0.75 acres) with a depth of 36.71 metres (120.44 feet) to be merged with the property addressed as 5385 North Shore Road, Perth Road which contains an existing family dwelling. The retained lot consists of approximately 7.83 hectares (19.36 acres) and approximately 680 metres (2231 feet) of water frontage and is vacant. b)

S-18-19-P (Leonard) (Fournier) Location: Part Lot 10, Concession 8, District of Portland, Township of

16 - 30

South Frontenac, Boyce Road.

Purpose of Application: Consent for the creation of a new residential lot consisting of approximately 1.82 hectares (4.5 acres) with a frontage of 78 metres (255.9 feet) and a depth of 250 metres (820.2 feet) which is a vacant rural property. The retained lot, consists of approximately 38.65 hectares (95.5 acres), depth of 1,340 metres (4,396.3 feet) and approximately 236 metres (2,231 feet) of road frontage and is vacant. c)

S-19-19-B (Abrams) Location: Part Lot 1, Concession 4, Being Parts 6 & 7 on Plan 13R19636,

31 - 44

District of Bedford, Township of South Frontenac, municipally known as 220 Abrams Lane

Purpose of Application: Consent for conveyance of a lot addition consisting of approximately 0.69 hectares (1.7 acres), 171 metres (561 feet) of water frontage, with a depth of 54 metres (177.2 feet) to be merged with the property addressed as 42A Windy Bay Lane which contains an existing seasonal dwelling. The retained lot, consists of approximately 26.71 hectares (66 acres) and approximately 270 metres (885.8 feet) of water frontage with and contains a seasonal recreational use. 6.

New Minor Variance Applications:

MV-31-19-B (Eastman) Location: Part Lot 7, Concession 10, Parts 1 to 6, 13R9026

45 - 62

Page 1 of 80

municipally known as 2114 Hambly Lane, Hartington, Hambly Lake, District of Portland, Township of South Frontenac Purpose of Application: To reduce the waterbody setback from 30 metres (98.4 ft) to 20.7 metres (68 ft) to permit the construction of an enlarged upper deck with stairs consisting of 423 ft2 to be attached to the existing dwelling and to increase the maximum lot coverage from 5 percent to 9 percent. The applicant is seeking relief from Section 5.8.2a Flooding and Shoreline Erosion Hazards and Section 10.3.1 of the Limited Service Residential – Waterfront (RLSW) Zone which requires a 30 metre setback from the highwater mark and Section 10.3.1 maximum permitted lot coverage for a property located in the Limited Service Residential Waterfront (RLSW) Zone. b)

MV-32-19-S (Morrison & Stewart) Location: Part Lot 9, Concession 1, Lot 22 Part Block A on Plan 544, being Parts 15-22 on Plan 15881, municipally known as 1004 Lucas Lane, Inverary, Loughborough Lake, District of Storrington, Township of South Frontenac Purpose of Application: To reduce the waterbody setback from 30 metres (98.4 ft) to 6.1 metres (20 ft) to permit the demolition and reconstruction of a 342 ft2 deck with relocation of staircase and landing to be attached to the existing dwelling. The applicant is seeking relief from Section 5.8.2a Flooding and Shoreline Erosion Hazards and Section 10.3.1 of the Limited Service Residential – Waterfront (RLSW) Zone which requires a 30 metre setback from the highwater mark.

Other Business

Adjournment

63 - 80

Page 2 of 80

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PLANNING REPORT – CONSENT APPLICATION Report Date:

October 8, 2019

Application Nos: Owner: Location of Property:

S-17-19-L Ingle (Meadus/Green-Meadus) Part Lot 24, Concession 7, Being Part 1 on Plan 13R21669, District of Loughborough, Township of South Frontenac, municipally known as 5319 North Shore Road, Perth Road Purpose of Application: Consent for a lot addition Date of Hearing: October 10, 2019 Recommendation: That provisional consent be: 

granted with conditions (attached) deferred denied

Purpose:



enlarge abutting lot create new lot right-of-way / easement other:

Area Severed: 0.75ac (0.304 ha) Official Plan Designation: Rural (RU) & Provincially Significant Wetland, 120m Buffer Zoning: Rural (RU) Area Retained: 19.36 acres (7.83 ha)

Official Plan Designation: Rural, Provincially Significant Wetland, 120m Buffer, Area of Natural and Scientific Interest (ANSI) Zoning: Rural & Environmental Protection Zone

Review: This application:  Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act);  Does not require a plan of subdivision for the proper and orderly development of the municipality (s. 53(1) Planning Act);  Conforms with section 51(24) of the Planning Act;  Conforms with the County of Frontenac Official Plan (3.3);  Conforms with the Township of South Frontenac Official Plan (5.7.1);  Complies with the Township of South Frontenac Zoning By-law 2003-75 (or will comply subject to a standard condition of rezoning or minor variance); and  Has no unresolved objections/concerns raised (to date) from agencies or the public.

Proposal The purpose of this application is consent for the conveyance of a lot addition from an existing property at Part Lot 24, Concession 7, Part 1 on 13R21669, District of Loughborough, Township of South Frontenac, municipally known as 5319 North Shore Road (see attached map) to be merged with property at Part Lot 24, Concession 7, municipally known as 5385 North Shore Road. The Page 3 of 80

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT property is a small residential lot that is surrounded by hayfields with several wetlands occupying the low lying areas. The property does not demonstrate any significant natural heritage features, although some of the adjacent lands do. The property owner of 5385 North Shore Road is proposing to construct a garage to the west of the existing dwelling on the lands subject to the lot addition, a mud room on the south side of the house and a heated addition on the west side of the dwelling. The property does not presently contain a garage. An Environmental Site Evaluation, prepared by Ecological Services, was submitted in review of the proposed lot addition indicating that the proposed undertaking will have no impact on the natural heritage features or on their ecological functions and that the proposal is consistent with the intent of the Provincial Policy Statement. Conditions will be included in the Development Agreement addressing the recommendations for mitigation.

Agency Analysis and Comments Public Services Department – The application was not required to be circulated to Public Services as the existing entrance will be maintained at 5319 North Shore Road. KFL&A Public Health – The application was not required to be circulated to the Health Unit as the existing septic system will not be impacted with the construction of a new garage to the west of the existing dwelling at 5319 North Shore Road. Cataraqui Region Conservation Authority – Comments dated September 30, 2019 were received from the Cataraqui Region Conservation Authority and note that staff have no objections to the approval of application S-17-19-L based on their consideration for natural hazards, natural heritage, and water quality and quantity protections policies. Any future development proposed within 120 metres of the wetland will require a permit to be issued by the CRCA under Ontario Regulation 148/06. Public Comments – No comments have been received from the public to date.

Conclusion The consent application conforms with the PPS, County Official Plan and South Frontenac Official Plan. The property is not required to be rezoned. The lot addition will increase the lot area of the existing triangular property at 5385 North Shore Road, while not impacting the adjacent Provincially Significant Wetland. The application is subject to the recommended conditions:

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

Conditions imposed must be met within one year 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 one year, the application shall be deemed to be refused. Provided the conditions and the Certificate of Official is stamped within one year. The application is valid for two years from the date the decision and the deed must be registered within two years of the issuance of the certificate of official. Severed Lands
The land to be severed by Consent Application S-17-19-L shall be for a lot addition with an area of approximately 0.75 +/- acre to be conveyed only to 5385 North Shore Road (Roll no. 102904004021904)

Page 4 of 80

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 3. The lands to be severed are for the purpose of a lot addition only to the adjacent lands described as Part Lot 24, Concession 7 being Part 1 on Plan 13R21669 (PIN 362830644), municipally described as 5319 North Shore Road, Perth Road and any subsequent transfer, charge or other conveyance of the lands to be severed is subject to Section 50(3) (or subsection 50(5) if in a plan of subdivision) of the Planning Act. Neither the lands to be severed nor the adjacent lands are to be reconveyed without the other parcel unless a further consent is obtained. The owner shall cause the lands to be severed to be consolidated on title with the adjacent lands and for this condition to be entered into the parcel register as a restriction. Survey/Reference Plan or Registerable Description 4. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the date of Decision [Planning Act, ss. 53(17) and 53(24)]. Municipal Requirements Road Widening 5. The surveyor who prepares the reference plan referred to in Condition #3 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 6. The applicant is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters outlined in the recommendations of the September 11, 2019 Environmental Site Evaluation, requirements of the Cataraqui Region Conservation Authority and Township environmental standards;

The 30 metre setback nearest to the wetland should be maintained in a vegetated state, in all cases where the setback is on the landowner’s property. Construction of the garage should occur outside of the breeding bird season (April 15 to July 31) to comply with the intent of the Migratory Birds Convention Act. That within 120 metres of the wetland, the property is subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses made pursuant to Section 28 of the Conservation Authority Act. Within a regulated area, written permission must be obtained from the CRCA prior to development taking place. Current and future landowners are advised to contact Page 5 of 80

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT the CRCA prior to considering future development near these areas to determine whether a permit is required. 7. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds. 8. The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)]. 9. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment. 10. Where a violation of the Township of South Frontenac Comprehensive Zoning Bylaw is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Municipality. Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Attachments: Map of Ingle/Meadus/Green-Meadus property Site Visit: September 26, 2019

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Benefitting Lot

Legend Ingle Property Benefitting Lot (Meadus Property) Parcel Fabric

River / Stream Provincially Significant Wetlands

Waterbodies NORTH SHORE ROAD

Retained Lot

Water Area, Permanent Wetland Area, Permanent

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

Page 13 of 80

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 1:4,500

0 20 40

120

Meters UTM Projection NAD 83

160

Page 14 of 80

Page 15 of 80

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PLANNING REPORT – CONSENT APPLICATION Report Date:

October 8, 2019

Application Nos: Owner: Location of Property:

S-18-19-P Leonard (Fournier) Part Lot 10, Concession 8, District of Portland, Township of South Frontenac, municipally known as Boyce Road Purpose of Application: Consent to create one new lot Date of Hearing: October 10, 2019 Recommendation: That provisional consent be: 

granted with conditions (attached) deferred denied

Purpose:

enlarge abutting lot 

create new lot right-of-way / easement other:

Area Severed: 4.5ac (1.82 ha)

Official Plan Designation: Rural

Frontage: 255.9 ft (78 m)

Zoning: Rural

Area Retained: 95.5 acres (38.65 ha)

Official Plan Designation: Rural

Frontage: 2,231 ft (236 m)

Northwest corner of the property is located in the Provincially Significant Wetland, 120 metre buffer Zoning: Rural

Proposal The purpose of this application is consent for the creation of a new residential lot from an existing property at Part Lot 10, Concession 8, District of Portland, Township of South Frontenac, municipally known as Boyce Road (see attached map). The property is located on the north side of Boyce Road and is a relatively level vacant rural property surrounded by existing agricultural lands. An existing active horse farm is located northwest of the subject lands. The Minimum Distance Separation (MDS) calculation was completed in review of the proposed new residential lot and the proposed lot Page 16 of 80

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT will be located well beyond the required 93 metre minimum distance from the livestock barn at an approximate distance of 260 metres from the livestock barn.

Agency Analysis and Comments Public Works Department – Staff have indicated that the applicant is required to provide a lot grading and drainage plan. The plan will be required to be submitted at the building permit stage for the construction of a new dwelling. An entrance permit will be required. A road widening is not required at this location. The applicant is required to provide a lot grading and drainage plan to ensure post development does not result in negative impact to adjacent properties and that water is redirected away from the house. KFL&A Public Health – KFL&A Public Health provided formal comments dated September 23, 2019. Public Health not that soil conditions found on the lot will require additional granular soil to construct a sewage disposal system. Specific requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to site development. The proposed lot is capable of providing flexibility in siting a sewage disposal system dependent on the proposal submitted through an Application to Construct a Sewage System, Public Comments – A letter of objection / concern was received by email on October 2, 2019 addressing concerns related to water quantity in the area.

Conclusion The consent application conforms with the Provincial Policy Statement, County Official Plan, South Frontenac Official Plan and Zoning By-law subject to the recommended conditions:

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

Recommended Conditions for the Consent Application S-18-19-P Expiry Period

Conditions imposed must be met within one year 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 one year, the application shall be deemed to be refused. Provided the conditions are fulfilled within one year, the application is valid for two years from the date of notice of decision. Severed Lands
The land to be severed by Consent Application S-18-19-P shall be for the creation of one new lot with an area of approximately 4.5 acres (1.82ha) of vacant land with approximately 255.9 feet (78 metres) of frontage along Boyce Road. Survey/Reference Plan or Registerable Description
An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)]. Road Widening
The surveyor who prepares the reference plan referred to in Condition #3 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is Page 17 of 80

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT less than 33 ft., 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 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 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 stamping of the deeds.
The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Applications S-18-19-P, in lieu of parkland [Planning Act, s. 51(1)].
In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
The 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 S-18-19-P.
The well driller who prepares the well driller’s report referred to in condition # 8 shall also provide a copy of the drawn down and recovery of the closest well that was collected by the well driller at the time of the new well pump test in accordance with D-5-5 Private Wells: Water Supply Assessment, demonstrating that the well on the new proposed lot would not detrimentally impact on the closest existing well. IF the adjacent well owner(s) do not wish to have their well tested for interference, a letter signed by the adjacent homeowner is required that indicates that they do not wish to have their well tested. OR A basic Hydrogeological Assessment signed by a Professional Engineer or Professional Geoscientist will be required for the new well in accordance with D-5-5 Private Wells: Water Supply Assessment.
The applicant shall enter into a Development Agreement with the Township to registered on title with the severed parcel to address the development of the lot, including lot grading and drainage.

Page 18 of 80

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Zoning 11. Where a violation of the Township of South Frontenac Comprehensive Zoning Bylaw is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Municipality. Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Attachments: Map of Leonard property Site Visit: September 26, 2019

Page 19 of 80

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l<FL&A Public Health http://www.kflaph.ca

SEVER INSPECTION REPORT

Environmental Health Department File Number: 5-18-19-P

Receipt Number: SK»37—2019

Owner(s):

Leonard, Robert

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Ward/FormerTownship:

Township of South Frontenac

Portland

Lot: 10

Concession:

Registered

Part(s),

Plan

Plan of Subdivision:

General Description (existing buildings, surface features, slopes, site services for water and sewage, etc)

Severed:

Open Field

Retained:

N/A

Soil type, depth and water table on each part of potential leaching bed areas. Indicate water table with bar. Show estimated permeability (good, fair, poor) for each part where natural soil is acceptable.

Retained N/ A

Depth of Soil

Severed TH 1 Silty clay loam

TH 2

Silty clay loam

0.75m

Percolation rate (estimated)

Percolation rate (estimated):

NOTE: the approval of any new lot is based on its suitability to provide an area for a Class 4 septic tank system for an average 3 bedroom home. Approval to build a larger home on this lot will be subject to availability of sufficient area for a larger septic tank system.

Suitability for on-site sewage

SEVERED

Satisfactory

I‘

Unsatisfactory

disposal:

Conditions:

found on the lot will require additional suitable granular soil to construct a sewage disposal system. Specific requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to site —Soi| conditions

development‘ _ —Theproposed lot is capable of providing flexibility in siting a sewage disposal system, dependent on the proposal submitted through an Application to Construct a Sewage System. _

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Site Specific

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RETAINED

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Conditions:

Satisfactory Unsatisfactory Site Flexible Site Specific

Inspector: Sarah Van Dijk, CPHl(C) CPHl(C), Public Health Inspector

Date: Sept 23, 2019

4‘

PLEASEFORWARD A COPY OF THE NOTICE OF DECISION TO KFL&APUBLIC HEALTH. Personal information on this form is collected under the authority of the Building Code Act, and will be used for the administration of Public Health programs. Any questions about the collection of this information should be directed to the Manager of Environmental Health, KFL&APublic Health, 221 Portsmouth Avenue, Kingston, Ontario K7M 1V5, (613) 549-1232 ext. 1243 or 1—800~267-7875.

Page 20 of 80

Report from Roads to Committee of Adjustment S-18-19-P Application Number: ___________________________________________________

Robert Leonard (Andrew Fournier) Applicant’s Name: _____________________________________________________

8 10 Portland Concession: _________________ Lot: _______________District:

Boyce Road Road: ________________________________________________________________ Road Maintenance:

✔ Year-round □

Seasonal □

Sight Lines: Are there adequate sight lines for the entrance?

✔ Yes □

No □

If no, what changes would be required to improve sight lines?

Road Conditions:

Are there any special drainage/ditching concerns related to creation of new lot(s)? ✔ Yes □ No □ If yes, what action is the applicant required to take?
Is the overall road condition adequate to serve increased development/traffic? ✔ Yes □ No □ If no, please explain, and indicate if there are any measures that could be taken to correct the inadequacies.

Road Widening Required? ✔ Yes □ No □ Any specific requirement?

Approved by the Public Services? ✔ Yes □ Yes, with conditions □ No □ If yes, with conditions, please describe conditions below.

Applicant required to provide a lot grading and drainage plan. Entrance Permit will also be required.

Signature on behalf of Public Services

October 1st, 2019

Date

Page 21 of 80

Committee of Adjustment c/o Michelle Hannah, Secretary-Treasurer Corporation of the Township of South Frontenac – Planning Department 4432 George Street, P O Box 100, Sydenham, Ontario, K0H 2T0 Re File No.: S-18-19-P Dear Committee of Adjustment: Please be advised that , whom reside at “opposed” to the proposed severance, file no. S-18-19-P.

, are

We are longtime residents of Portland District, and are writing to express our concern with the proposed severance due to the fact of its close proximity to our home and the effect it will have on our water quantity and quality, if it uses the same aquifer that we have used for the past 31 years. Approving the proposed severance will result in 2 homes with no water quantity. With our ever changing climate and conservation in mind, we have had to adapt to lower than normal well water conditions. We are not able to run a bathtub full of water without waiting for the well to recover. This has led to shorter showers and doing laundry in Kingston from late summer into fall to preserve our drinking water, for the last 10 years. Sharing the same aquifer will result in less than favourable results for both properties, and that is why we are opposed. We are not against property severances, as long as the severance does not affect our water quality and quantity. If anyone has any ideas on how to proceed with the severance without affecting our concerns, we are open to suggestions. We wish to be notified of the decision of the South Frontenac Committee of Adjustment, with respect to file no. S-18-19-P, Part Lot 10, Concession 8, District of Portland, Township of South Frontenac, Boyce Road. Sincerely,

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Hambly Lake Pero Lake

Inset Map Napanee River

QUARRY ROAD

Hardwood Creek

Pondlily Lake Napanee Lake

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LEONARD (FOURNIER) S-18-19-P BOYCE RD

Legend Leonard Property

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QUARRY ROAD

Waterbodies

Water Area, Permanent Wetland Area, Permanent

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

Proposed Severance Page 30 of 80

BOYCE ROAD

Scale 1:9,000

0 40 80

160

240

Meters UTM Projection NAD 83

320

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PLANNING REPORT – CONSENT APPLICATION Report Date:

October 8, 2019

Application Nos: Owner: Location of Property:

S-19-19-B Abrams (Maika) Part Lot 1, Concession 4, Being Parts 6 & 7 on Plan 13R19636, District of Bedford, Township of South Frontenac, municipally known as 220 Abrams Lane, Desert Lake Purpose of Application: Consent for a lot addition Date of Hearing: October 10, 2019 Recommendation: That provisional consent be: 

granted with conditions (attached) deferred denied

Purpose:



enlarge abutting lot create new lot right-of-way / easement other:

Area Severed: 1.7ac (0.69 ha)

Official Plan Designation: Rural

Water Frontage: 561ft (171m)

Zoning: Rural (RU)

Lane Frontage: 19.7ft (6m) Area Retained: 66 acres (26.71 ha) Water Frontage: 885.8 ft. (270m)

Official Plan Designation: Rural Zoning: Rural (RU) & Recreational Resort Commercial - 46

Lane Frontage: 1,745.4ft (532m)

Page 31 of 80

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Proposal The purpose of this application is consent for the conveyance of a lot addition from an existing property at Part Lot 1, Concession 4, Parts 6 & 7 on Plan 13R19636, District of Bedford, Township of South Frontenac, municipally known as 220 Abrams Lane, Desert Lake (see attached map) to be merged with property at Part Lot 1, Concession 4, municipally known as 42A Windy Bay Lane, Desert Lake. The property at 42A Windy Bay Lane is a small residential waterfront property on Desert Lake with a cottage close to the waterfront. The lands to be merged are vacant, rocky and heavily treed and comprise a portion of lands that are not presently used by 220 Abrams Lane which is part of a larger land holdings that contain an existing campground. The property owner of 42A Windy Bay Lane presently travels over a portion of the property at 220 Abrams Lane. With the lot addition, the lot will be enlarged and the existing access will be formalized.

Agency Analysis and Comments Public Services Department – The application was not required to be circulated to Public Services as the existing entrance will be maintained at 42A Windy Bay Lane which is a private lane not maintained by the Township. KFL&A Public Health – The application was not required to be circulated to the Health Unit as the existing septic system will not be impacted and the existing septic system will be maintained. Cataraqui Region Conservation Authority – The application was not circulated to the Conservation Authority given the nature of the request that an existing undersized lot will be enlarged and that the remaining land holdings will consist of 66 acres. No development is proposed as a result of this application. Public Comments – No comments have been received from the public to date.

Conclusion The consent application conforms with the Provincial Policy Statement, County Official Plan and South Frontenac Official Plan. The lot addition is required to be rezoned. The lot addition will increase the lot area of the existing property at 42A Windy Bay Lane. The application is subject to the recommended conditions:

Conditions imposed must be met within one year 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 one year, the application shall be deemed to be refused. Provided the conditions and the Certificate of Official is stamped within one year. The application is valid for two years from the date the decision and the deed must be registered within two years of the issuance of the certificate of official. Severed Lands
The land to be severed by Consent Application S-19-19-B shall be for a lot addition with an area of approximately 1.7 +/- acre to be conveyed only to 42A Windy Bay Lane (Roll no. 1029020040230000).
The lands to be severed are for the purpose of a lot addition only to the adjacent lands described as Part Lot 1, Concession 4 (PIN 36252-0263), municipally described as 42A Windy Bay Lane and any subsequent transfer, charge or other conveyance of the lands to be severed is subject to Section 50(3) (or subsection 50(5) if in a plan of subdivision) of the Planning Act. Neither the lands to be severed nor the adjacent lands are to be reconveyed without the other Page 32 of 80

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT parcel unless a further consent is obtained. The owner shall cause the lands to be severed to be consolidated on title with the adjacent lands and for this condition to be entered into the parcel register as a restriction. Survey/Reference Plan or Registerable Description 4. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the date of Decision [Planning Act, ss. 53(17) and 53(24)]. Municipal Requirements 5. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds. 6. The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)]. 7. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment. 8. Where a violation of the Township of South Frontenac Comprehensive Zoning Bylaw is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Municipality. 9. Prior to the stamping of the deeds, the applicant shall rezone the lot addition from Rural (RU) Zone to the Limited Service Residential (RLSW) Zone to ensure that the entire property at 42A Windy Bay Lane is consistently in the RLSW Zone. Please see the Township’s Planning Department to begin this process. Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Attachments: Map of Abrams/Maika property Site Visit: September 26, 2019

Page 33 of 80

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Page 44 of 80

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

October 8, 2019

Application No: Owner: Location of Property:

MV-31-19-P Larry & Jennifer Eastman Part Lot 7, Concession 10, Parts 1 to 6, 13R9026, District of Portland, Township of South Frontenac, municipally known as 2114 Hambly Lane, Hartington, Hambly Lake Purpose of Application: To vary Section 5.8.2 a and Section 10.3.1 of the Township of South Frontenac Zoning Bylaw Date of Hearing: October 10, 2019 Recommendation: That approval be: 

granted with conditions (attached) deferred denied

Purpose:

zoning relief for construction of a new structure 

zoning relief for replacement to an existing structure zoning relief other than new construction denied

Official Plan Designation: Rural

Zoning: Limited Service Residential – Waterfront (RLSW) Zone

Section 5.8.2a: Flooding and Shoreline Erosion Hazards

Relief: 30 metres from the highwater mark to 20.7 metres to the highwater mark of Hambly Lake

Section 10.3.1: RLSW for the Principal Building – 30m setback to the highwater mark

Relief: 30 metres from the highwater mark to 20.7 metres to the highwater mark of Hambly Lake

Section 10.3.1: RLSW for the Principal Building Maximum 5% lot coverage

Relief: 5 percent maximum lot coverage to 9 percent maximum lot coverage

Review: This application:  Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act);  Conforms with the general intent and purpose of the County of Frontenac Official Plan;  Conforms with the general intent and purpose of the Township of South Frontenac Official Plan;  Complies with the general intent and purpose of the Township of South Frontenac Zoning By-law 2003-75 (or will comply subject to approval for the minor variance);  Is desirable for the appropriate development of the lands in question; and  Is minor.

Proposal An application for minor variance has been submitted to permit the construction of an enlarged upper deck (by 3 feet) with stairs, consisting of 423 ft2, to be constructed to the existing dwelling and to increase the maximum lot coverage from 5 percent to 9 percent for a property located at Part Lot 7, Concession 10, Parts 1 to 6, 13R9026, District of Portland, Township of South Frontenac, Page 45 of 80

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT municipally known as 2114 Hambly Lane, Hartington, Hambly Lake (see attached map). The property is located on the west side of Hambly Lane, a private lane which is accessed from Hinchinbrooke Road. The property contains an existing dwelling set back from the waterfront which is adjacent to the lane. The elevation of the property rises towards the lane. An existing well is located to the northwest of the dwelling and the existing septic system is located to the rear of the home. A shed is located on the opposite side of the lane. Under Section 45(1) of the Planning Act there are four tests a minor variance must meet. A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests: • Does the application conform to the general intent and purpose of the Official Plan? • Does the application conform to the general intent and purpose of the Zoning By-law? • Is the application desirable for the appropriate development of the lands in question? • Is the application minor?

Background The subject property is a waterfront lot with 89.57 feet (27.3 metres) of waterfrontage along Hambly Lake and is an existing undersized lot consisting of approximately 0.43 acres (0.174 ha) in area. As the property has topography changes and is an undersized lot, the location for the replacement decking, to be attached to the single detached dwelling unit, is the most appropriate location. The existing deck had a U shaped staircase leading out towards the waterfront and the deck and stairs have been removed to date. The stairs will be relocated at the northeast corner of the deck at the elevated portion of the site. The current owners purchased the property on July 5, 2002 with the original structure constructed in 1987. The property has a number of existing trees and landscaped areas surrounding the site closer to the lane and a sandy shoreline with dock. The surrounding area contains existing seasonal and year round dwellings located along the shoreline of Hambly Lake in proximity to this site.

Planning Analysis Agency Analysis and Comments KFL&A Public Health – The application was not required to be circulated to Public Health given the location of the existing septic is located to the rear of the dwelling and will not be impacted with this proposal. Quinte Conservation – Comments dated October 7, 2019 from Quinte note they have no objection to the application as presented. Quinte note that a current permit has been issued to the applicant Permit No. REGO218-219 to replace the existing lower and east side decks. Pending updated drawings staff will amend the current permit to include the upper deck enlargement. It is understood that the proposed deck will not encroach any closer to the floodplain than the existing footprint. Any future development will require a permit from the Conservation Authority prior to development (construction/filling/excavation/site grading) within 30 metres of the 1:100 year floodplain of Hambly Lake. Public Comments – One neighbour has indicated that they are not opposed to the minor variance application.

Conclusion The proposed application to permit the development of an enlarged upper deck with stairs consisting of 423 ft2 and to increase the maximum lot coverage from 5 percent to 9 percent to a property located at Part Lot 7, Concession 10, Parts 1 to 6, 13R9026, District of Portland, Township of South Frontenac, municipally known as 2114 Hambly Lane, Hartington, Hambly Lake, meets the four tests for a minor variance: • The variance conforms to the general intent and purpose of the Official Plan as the proposed deck with staircase will be constructed onto the existing single detached dwelling located on the rural waterfront property in an area where it had previously been located. The deck and Page 46 of 80

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT staircase will be located as far back as possible from the waterfront given the constraints on the lot that prevent the cottage from achieving a greater setback. • The variance conforms to the general intent and purpose of the Zoning Bylaw. The proposed dwelling complies with the zoning provisions in the Zoning By-law for the RLSW Zone with the exception of the setback to the highwater mark for the new deck and staircase. Achieving the 30 metre setback would not be possible as the existing structure is within the 30 metre setback to the highwater mark. • The variance is desirable for the appropriate development of the lands in question as the staircase will be constructed on the side of the deck. The staircase was previously projecting towards the waterfront. • The variance is minor because the proposal seeks to maintain the waterbody setback given the location of the existing dwelling, well and septic system.

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

The Minor variance is for the construction an enlarged upper deck with staircase to be constructed to an existing single detached dwelling and to increase the maximum permitted coverage to 9%, as per the drawings submitted with MV-31-19-P. The proposed deck and staircase will be setback a minimum of 20.7 metres (68 ft.) to the closest point of the highwater mark of Hambly Lake in the Limited Service Residential – Waterfront (RLSW) Zone. The lot coverage will be a maximum of 9 percent.
The applicant is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the matters outlined in the October 7, 2019 letter from Quinte Conservation and requirements of the Township.
The Owner is required to obtain a permit prior to development commencing from Quinte Conservation under Regulation 319/09: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, which is administered by Quinte.
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.
Minor variance MV-31-19-P is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws. Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Date of Site Visit: September 26, 2019 Attachments: Map of the Eastman property

Page 47 of 80

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. PL0228-2019 Municipality:

Township of South Frontenac

Owner

Larry & Jennifer Eastman

Location:

2114 Hambly Lane

Roll #:

10290800401760000000

Application Description:

Minor Variance MV-31-19-P

Feature:

Hambly Lake

Lot 7, Concession 10

Portland

Seeking relief from the 30 metres high water mark setback to allow for extension on the existing upper deck and to move the existing staircase.

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) (2014). Natural hazards include areas subject to flooding, prone to erosion, dynamic beaches and unstable bedrock. Generally the policies of the PPS direct development to areas outside of hazards lands. Staff are satisfied that the application as presented is consistent with section 3.1 of the PPS as there is sufficient area for development outside the flood hazard. 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 Hambly Lake (by virtue of Ontario Regulation #319/09 – Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses).

Comments:

Please note that a current permit has been issued to the applicant Permit No. REG02182019 to replace the existing lower and east side decks. Pending updated drawings staff will amend the current permit to include the upper deck enlargement. It is understood that the proposed deck will not encroach any closer to the floodplain than the existing footprint. Any future development the applicant will need to apply to the Conservation Authority for a permit prior to development (construction / filling/ excavation/ site grading) within 30 metres of the 1:100 year floodplain of Hambly Lake. Quinte Region Source Protection Plan Quinte Conservation provides Risk Management services as prescribed by the Clean Water Act, 2006 on behalf of member municipalities. Part of this is reviewing building and planning applications to ensure no new significant drinking water threats as outlined in the Quinte Region Source Protection Plan are created. Policies for significant threats in the Quinte Region Source Protection Plan are not applicable as the subject property lies outside of an intake protection zone or wellhead protection area for a municipal drinking water system. As such no Section 59 Clearance Notice is required.

Page 1 of 2

Page 48 of 80

Planning Act - Natural Heritage policies of the Provincial Policy Statement Section 2.1 of the Natural Heritage policies of the Provincial Policy Statement protects features including (but not limited to); Provincially Significant Wetlands, significant woodlands and significant Areas of Natural and Scientific Interest. The subject lands do not lie within a Provincially Significant Wetland, or within an Area of Natural and Scientific Interest. Further, an Environmental Impact Study was not provided with the current planning application, and as per Quinte Conservation’s Regulation and Policies we will not be recommending one. Final Comments:

Quinte Conservation has no objection to the application as presented.

10/3/2019 Date

Sam Carney Planning and Regulations Technician

Page 2 of 2

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

October 7, 2019

Application No: Owner: Location of Property:

MV-32-19-S Brian Morrison & Cherie Stewart Part Lot 9 Concession 1, Lot 22, Part Block A on Plan 544, being Parts 15-22 on Plan 15881, District of Storrington, Township of South Frontenac, municipally known as 1004 Lucas Lane, Inverary, Loughborough Lake Purpose of Application: To vary Section 5.8.2 a and Section 10.3.1 of the Township of South Frontenac Zoning Bylaw Date of Hearing: October 10, 2019 Recommendation: That provisional approval be: 

granted with conditions (attached) deferred denied

Purpose:

zoning relief for construction of a new structure 

zoning relief for replacement to an existing structure zoning relief for other

Official Plan Designation: Rural West Basin of Loughborough Lake: Highly Sensitive Lake Trout Lake Zoning: Limited Service Residential – Waterfront (RLSW) Zone

Zoning Relief Requested:

Section 5.8.2a: Flooding and Shoreline Erosion Hazards

Relief: 30 metres from the highwater mark to 6.1 metres to the highwater mark of Loughborough Lake for the new deck addition.

Section 10.3.1: RLSW for the Principal Building – 30m setback to the highwater mark

Relief: 30 metres from the highwater mark to 8.53 metres to the highwater mark of Loughborough Lake for the new landing. Relief: 30 metres from the highwater mark to 9.75 metres to the highwater mark of Loughborough Lake for the new stairs.

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Proposal An application for minor variance has been submitted to permit the demolition of an existing deck consisting of 410.5 ft2 and construction of a new deck consisting of 412.5 ft2 with relocation of stairs consisting of 16 ftt2 and landing consisting of 16 ft2 to be constructed to the existing dwelling located at Part Lot 9 Concession 1, Lot 22, Part Block A on Plan 544, being Parts 15-22 on Plan 15881, District of Storrington, Township of South Frontenac, municipally known as 1004 Lucas Lane, Inverary, Loughborough Lake (see attached map). The property is located on the north side of Lucas Lane on the south shore of the west basin of Loughborough Lake. The property is elevated at Lucas Lane and slopes towards the existing dwelling and towards Loughborough Lake. The property contains an existing dwelling, detached garage and shed. Under Section 45(1) of the Planning Act there are four tests a minor variance must meet. A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests: • Does the application conform to the general intent and purpose of the Official Plan? • Does the application conform to the general intent and purpose of the Zoning By-law? • Is the application desirable for the appropriate development of the lands in question? • Is the application minor?

Background The subject property is a waterfront lot with 81.7 feet (24.9 metres) of waterfrontage along Loughborough Lake and is an existing undersized lot consisting of approximately 0.738 acres (0.31 ha) in area. Lucas Lane intersects the lot near the southern portion of the property. As the property has topography changes and is an undersized lot, the location for the slightly enlarged decking, attached to the detached dwelling unit, is the most appropriate location on the lot. The current owners purchased the property on August 11, 2010. The dwelling was constructed in April 2011, the garage in November 2015 and the septic system was installed in May 2015. A water intake system from the lake is used for the dwelling. The applicant has indicated that the property was not subject to a previous consent or minor variance application. The applicant applied for a demolition permit on August 14, 2019 for the demolition of the exterior deck. The property has a number of existing trees and landscaped areas on the site with dock at the waterfront. The surrounding area contains existing seasonal and year round dwellings located along the shoreline of Loughborough Lake in proximity to this site. Staff have reviewed the Cataraqui Region Conservation Authority comments and feel that a development agreement is an appropriate tool to establish environmental policies for the property.

Planning Analysis Agency Analysis and Comments KFL&A Public Health – The application was not circulated to the Health Unit as the septic system is located south of the existing house and garage on the opposite side of the proposed deck. Cataraqui Region Conservation Authority (CRCA)– Comments dated September 30, 2019 from the CRCA indicate that the development complies with the minimum 6 metres setback from the regulatory floodplain of a waterbody and the development will be located outside the erosion hazard limit. Staff recognize that the existing dwelling is in non-compliance with the current zoning by-law and is located within the 30 metre setback from the highwater mark of Loughborough Lake and that the deck, stairs and landing will be within the 30 metre setback from the highwater mark. The proposed addition does not encroach closer to the water than the existing development, is minor in nature and complies with the lot coverage provisions. Staff recommend that as part of site plan control, that the area between the development and the lake be maintained as a vegetated buffer to the satisfaction of the Township and the CRCA.

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Staff have no objections to the approval of MV-32-19-S based on their consideration for natural hazards, natural heritage and water quality and quantity protection policies. The proposed development will require a permit from the CRCA as per Ontario Regulation 148/06 prior to development taking place. Public Comments – At the time of the writing of this report, no comments have been received from the public.

Conclusion The proposed application to permit the development of the construction of a replacement deck with stairs and landing to be constructed to the existing dwelling located at Part Lot 9 Concession 1, Lot 22, Part Block A on Plan 544, being Parts 15-22 on Plan 15881, District of Storrington, Township of South Frontenac, municipally known as 1004 Lucas Lane, Inverary, Loughborough Lake, meets the four tests for a minor variance: • The variance conforms to the general intent and purpose of the Official Plan as the proposed deck with staircase and landing will be constructed onto the existing single detached dwelling located on the rural waterfront property in an area where it had previously been located. The deck and staircase will be located as far back as possible from the waterfront given the constraints on the lot that prevent the cottage from achieving a greater setback. • The variance conforms to the general intent and purpose of the Zoning Bylaw. The proposed dwelling complies with the zoning provisions in the Zoning By-law for the RLSW Zone with the exception of the setback to the highwater mark for the new deck and staircase. Achieving the 30 metre setback would not be possible as the existing structure is within the 30 metre setback to the highwater mark. The CRCA have indicated that they have no objection to the approval of the minor variance. • The variance is desirable for the appropriate development of the lands in question as development is no closer to the water than existing buildings or structures on the property. • The variance is minor because the proposal seeks to maintain the waterbody setback given the location of the existing dwelling and septic system. The proposed addition does not exceed lot coverage.

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

The Minor variance is for the construction of a deck, stairs and landing to be constructed to an existing single detached dwelling, as per the drawings submitted with MV-32-19-S. The deck will be a minimum of 6.1 metres to the highwater mark of Loughborough Lake, the landing will be a minimum of 8.53 metres to the highwater mark of Loughborough Lake and the stairs will be a minimum of 9.75 metres to the highwater mark of Loughborough Lake in the Limited Service Residential - Waterfront Zone.
The applicant is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the matters outlined in the September 30, 2019 letter from the Cataraqui Region Conservation Authority and requirements of the Township.
The Owner is required to obtain a permit prior to development commencing from the CRCA under Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, which is administered by the CRCA.
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. Page 65 of 80

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Minor variance MV-32-19-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.

Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Date of Site Visit: September 5, 2019 Attachments: Map of the Morrison/Stewart property

Page 66 of 80

Page 67 of 80

Natural Hazards Flooding: The highest recorded water level for Loughborough Lake is 125.03 metres geodetic. For Loughborough Lake, the highest recorded water level is used in lieu of an engineered ?ood plain. The Planning Policy requires all development and site alteration to be setback a minimum of 6 metres CRCA Fl.£LAH.m:u;Fah:ynq:hnH|dni:111.mudlhu:‘mmmhld’n?Jnhmn.af?rI:the regulatory ?oodplain of a waterbody. ‘H-Hlin:-:r–HI-El-ct-rr-?:I;Id’-ii-I:L?Il-1-I–HI:-M-a-ti from Based upon elevation mapping data, the development |’|TiT-=|’-’-rr-|:d-E-‘i’|-|’|=I=I-E1‘-|Il1:fI-‘I=F-It-I:i!:u’ complies with this policy. proposal |:-I‘-:-|:-:-I-IJ-:-I-::Ij-|.i-a-II-’-.IJ’.‘I:::‘I|:-:-‘in:g.. Erosion: Section 5.8.2.b) of the Zoning by-law requires that no building or structure or septic tank installation shall be located within 15 metre horizontal of the top of bank of any embankment, the slope of which is greater than 30% from horizontal. The CRCA de?nes the extent of potential erosion hazards to include an allowance for toe erosion (estimated to be 1 metre), and a stable slope allowance for till shorelines of 3(h):1(v) (estimated to be 4.5 metres). Therefore, the erosion hazard extends 5.5 metres inland from the stable toe of slope. H!:|I::1:’£d.E:p1.5|I,rlIf.E|.‘I’:iq:uI?rJJ’lI:lndnln.tiE|.‘cf Staff note that the proposed development will be located outside of i.rJ.l:|E!=|l:Il.?|IL:I|.‘I:|TI-:I|:II.’. the erosion hazard limit. Water Quality The Plan –I-I-.–—.-r need Of?cial —minimize lake recognizes the impacts by inputs, reducing to phosphorous r-r -I—I-.—-I-r “I” –I-.-I rl. -.|.I.|.-I-II| |.-|.I-.-I1.-|.I-.-|-.-.|.I.|.-.I-.I. I’-‘I-’-I’-‘IuI-’. erosion and natural have been included that preventing maintaining I:d:rILq:Ip-:I-:I:I:I..|‘I:I.:I.I:Il|:|.|];|I.’ lI|‘I!rrIE?.:I.|.’ E?I:|IHIlIf.?iL|:.I:::h::|.|’.|:’ p|.I’.i:i:II’h-|:|!|I:I:|:||.:dI.I.|I:I.|‘ld. appearances. Accordingly, policies can vary the setback from the highwater mark from 30 to 90 m depending on the site characteristics such Lu?1lk?h:iEunl1rh?’n’:h’ud:&Im1?h§|]nI1-mI:Lqm&:h.‘du’Ihi£uld’. |‘b:|u’?l:as steepness of slope, vegetation cover, soil depth and soil phosphorus retention. Section 5.2.7 -?nqll-nTIhp:,u’:I?£a’.:n’II_uJdunpEI&uLpi:q:inu:It::H:I.H-=53 I11 (b)(ii)(3) :E’hIII|v|I|’|:I.IJ |‘r:I’I m??i? that aI.r::tn:tI;:| of the Of?cial Plan Flu indicates reduction from the &.I:h’u;I’|I-uJ1rhr.n:n::|ul’d:|‘r| thl; setback not physically may only be considered if it is lJrI’I:|;t|’?n’.|:r possible or environmentally desirable to meet the 30 m setback requirement, and that there will be no negative impacts to ?sh habitat or water quality. aw

-.—|.I-|.|.-.-

CRCA staff recognize that the existing residential dwelling is in non-compliance with the current zoning ElL11uT:n1nnlldllruutqI’:i-?m?dndhqhumn-I::q£.nnIdL’lnD=m:::h’.; h’|I-.hIIIE:I’E:|‘I’uIIIi|:|-:|I’%|“1&.|::n’.".I III:tEn’.th:rI|.:I’:I’.I|:IdtI:I:EI’::r. by-law for the Township of South Frontenac and is entirely situated within the required 30 m setback from ::tI’H’!r& h11.Iu1.|:n.I’l the mark high Lake. The proposed construction of an addition to the structure on Loughborough water d’nh,[tI?I’nIt:n|nl|;hhnu,iILtl.1hr:IFuda1?:’lun1nfmqi:h?:I ‘Iu’I’l!’.|’|li’r.I’I..|I.Iu1|’.I.‘I.’|?II1:|’.I.II.’nl'1.It _ will therefore also be within the water setback.

Similarly to the Of?cial Plan, the CRCA Planning Policy considers new development within the 30 metre ?Ed|lbhlhUf5idF.m,lhC1EhTlE:h;.BJh1uI1’Ilm-mr?rrdwjwd?sllr?m?u water setback area only if there are no reasonable alternatives for locating the development outside of the n’?n’mEId.nnI?5J’l-‘umm:I1Iu?.hIhm¢.uh’h?h;lb-irriqnl?n?ihciin water setback area, the development is no closer to the water than existing buildings or structures on the n’?n’l?l:Euu,bl:hI.‘da|=ndhm:j’:LHw:h’BnmL?.qbgJ:lupu?’n?n-min far as possible from the water in all directions, complies with the maximum FII1:-r|..,:|d.‘JI.l:tl.:i uhl]Ia.?infrm1’uI:n'11IJI:h’I?‘rl.m’:|1LI.I1’lI1’In.=I’u.rL property, and is set back as lot coverage provisions of the Zoning By-law, and suitable methods to minimize negative impacts on 3’:?’#l’I.|InTn1.Irnrf”-t-Tarn-i.H:-hI.ndIdnIIJI1II|:t-:H-L: rIaI.I-|I’Ih=-|-r-a-|I=’-’-|-|‘I’I.|-I-:=II:-I’the quality The does encroach closer to into proposed addition are water incorporated development. not fll’??hIII-hIfpHE¢¢U?t?b!H:fb?1.TH?t§HH’?1?Hnd:H1H?rIEI&HilEEE:III|’t’&:IJ.l.|.IiIJII.‘IIiunpm::l. the water than existing development, is and minor lot complies in with coverage provisions. “u-::r.u.I:i.L£I.I’:I. nature, In‘.-:I.::|:?.:I II’iE.’.|.II.-:I.r|IjI_’,II:I.‘i.l’I::I. In addition, staff note that Section 5.2.8 of the Of?cial Plan requires that development adjacent to a ,h!d?‘hu._:§IEuhthd!E:hnhHnE+n1EIH.:??nrq’:hI&d:h’.i.:Ip.?H’jbI

sensitive lake trout lake will be subject to site plan control. .1:|.E’II.|r|:III.I.lI|d.I||:|.I:|.I_|:I:II:|.’!.|’.:|.’.I|:Ih 1.l’h’IILIJIrnI:uh.h.II’|I||’.I.uh:|:I|:|lll3-h’.:I’r:|1’I. Staffrecommend that as part ofsite plan control, that the between the and the lake be development maintained as a vegetated bu?er to the area ¢:dl?.’?i?31-F??i???i?r-1hpHH+Id?ihHI-‘H3nH?#H’HPr?#iHh[ErH#w the Township and the CRCA. .n-|‘L|;iE:-_u:-Iilu:-u-u;|’:l-u?‘-cl-u-u-‘u|n.||:–ul’I§|u

Page 2 of 3

Page 68 of 80

El2I.|I’.’nI|II: I.L’|u’-J1-1|i|-Eli based :-:rn’n:|.1-’l|n’. have no objection to Staff the approval of application MV-32-19-S |‘Irr.||1.f|] h: lhIq:|::I:|‘I’I.-:I’q:|:|.1$m hill on consideration for H1 our natural hazards, natural heritage, and water quality and quantity protection policies.

Ontario Regulation 148/06 Please note that a portion of the property is 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 ?ooding and erosion, and that the changes do not put other properties at greater risk from these hazards. The proposed development will require a permit from the CRCA prior to development taking place.

Please inform this of?ce 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. 244, or by e-mail at aschmidt@crca.ca.

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

Brian Morrison & Cherie Stewart, Owners (via email) Michelle Hannah, Planning Assistant (via email)

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