Committee Of Adjustment - 10 Oct 2024 - Agenda

Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: October 10, 2024 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, October 10, 2024 Storrington Centre/Virtual Via Zoom .

Call to Order

a)

Resolution.

Adoption of Agenda

a)

Resolution.

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/virtualcommittee-of-adjustment-meetings.aspx Instructions about participating via Computer, Laptop, Smartphone, Tablet and Telephone can be found at the above noted link as well.

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.

Declaration of pecuniary interest

a)

There are none.

Approval of Minutes – September 12, 2024

a)

Resolution.

Consent Applications from a Previous Meetings: (if applicable)

New Consent Applications:

Minor Variance / Permission Applications from a Previous Meetings: (if applicable)

New Minor Variance / Permission Applications:

a)

PL-ZNA-2024-0099 (Wilson) (Stokes) - Portland District

3 - 54

55 - 59

60 - 79

Subject Property Address: 1011 Kens Lane Purpose & Effect of the Application: To request permission under section 45(2) of the planning act to enlarge the legal non-conforming accessory structure within 30m of

Page 1 of 117

the highwater mark of the wetland/floodplain feature associated with Howes Lake. The property presently contains a one-storey detached storage structure with an area of 29.9sqm and a height of 2.7m. The existing structure is located within the 1:100-year floodplain of Howes Lake and is setback approximately 5.6m from the highwater mark. The applicant is proposing to remove the existing structure and build a one-storey detached garage with an area of 29.3sqm and a height of 5.2m. The proposed detached garage would be setback 2.3m from the 1:100-year floodplain of Howes Lake, and 7.2m from the highwater mark.

b)

PL-ZNA-2024-0103 (Cerskus) - Storrington District

80 - 95

Property Address: 1800 Wellington Street Purpose & Effect of the Application: The Owner is seeking approval for a 82sqm attached deck that has been constructed on the property. The deck is attached to the existing single detached dwelling. A portion of the deck is located within the required 30m setback from the highwater mark of Dog Lake. The attached deck is set back 28.5m from the highwater mark. A minor variance is being requested to allow the attached deck to be set back less than 30m from the highwater mark of Dog Lake as required by the Zoning By-law. c)

PL-ZNA-2024-0109 (Jackson) (Gurr) - Loughborough District

96 114

Property Address: 1157 Leech Lane Purpose & Effect of the Application: To request permission under Section 45(2) of the Planning Act to enlarge a legal non-conforming dwelling located within 30m of the highwater mark of Sydenham Lake. The existing single detached dwelling and attached deck is set back 8.5m from the lake. The application proposes to add a new roof to the dwelling and attached deck by overframing the existing roof that will increase the height of the dwelling from 6.7m to 9.2m. The property was previously subject to minor variance application PL-ZNA-2024-0055 which covered an existing deck with a roof structure attached to the house. The setback from the lake will not change through the application. 10.

Other Business

a)

Delegated Authority Report

Adjournment

a)

Resolution.

115 117

Page 2 of 117

Committee of Adjustment Meeting Thursday, October 10, 2024 7:00 p.m. Storrington Centre 3910 Battersea Road, Inverary, ON and Virtual on Zoom Page 3 of 117

Joining us on Zoom? Your camera won’t be turned on, and your microphone will stay muted unless you ask to speak during a comment period.

Roll Call Committee Members • Alan Revill • Brett Moreland

Page 4 of 117

• Doug Morey • Kevin Fox • Mike Howe • Norm Roberts • Randy Ruttan • Steven Pegrum

Staff • Kate Kaestner, Planning Clerk/ Secretary-Treasurer • Noah Perron, Planner • Tom Fehr, Planner • Christine Woods, Manager of Planning

Agenda

Page 5 of 117

• Call to Order • Adoption of Agenda • Meeting Information • Declaration of Pecuniary Interests • Approval of Minutes of Previous Meeting • Hearings for Applications • Consent Granting Authority Report • Other Business • Adjournment

Format for Each Hearing

1. Chair introduces application
2. Planner presents application
3. Applicant/agent permitted to address Committee
4. Members of the public permitted to address Committee (maximum 5 minutes per individual)
5. Staff and/or applicant to provide response to public comments / questions
6. Questions from Committee members (no comments or debate)
7. Secretary-Treasurer reads the resolution
8. Committee discussion and vote Page 6 of 117

After the Meeting • Township staff will contact the applicant following the meeting. Where a decision is made, it will be forwarded to the applicant and anyone who requested to be notified within 15 days. • The applicant, the Minister or a specified person or public body as defined by the Planning Act subsection 1(1) may appeal the decision to the Ontario Land Tribunal. The appeal must be filed with the SecretaryTreasurer 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 7 of 117

• 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 • On Zoom

• Click “Raise Hand” button to request to speak or dial *9 (star nine) when participating by telephone • The Chair will acknowledge you, and the Meeting Host will unmute you • Once you are done speaking or the Committee has no further questions, the Meeting Host will mute your microphone

• In person

• Raise your hand and wait for the Chair to acknowledge you • Move to the table and clearly state your name for the record

Page 8 of 117

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 9 of 117

Notice of Collection • Personal information is collected to gather feedback and communicate with interested parties about applications. • This information is collected under the authority of the Planning Act and in accordance with the Municipal Freedom of Information and Protection of Privacy Act. • With the exception of e-mail addresses and telephone numbers, all information and comments will become part of the public record and will appear on the Township’s website. • Meetings are broadcast live over the internet for the public to view. Your voice will be heard in the broadcast if you speak at the meeting. Broadcasts are archived and continue to be publicly available. Page 10 of 117

• Questions regarding the collection, use and disclosure of this personal information should be directed to the Township Clerk.

Agenda

Page 11 of 117

• Call to Order • Adoption of Agenda • Meeting Information • Declaration of Pecuniary Interests • Approval of Minutes of Previous Meeting • Hearings for Applications • Consent Granting Authority Report • Other Business • Adjournment

New Minor Variance / Permission Applications

Page 12 of 117

Application PL-ZNA-2024-0099 Permission to Enlarge

Applicants: John Wilson Agent: Rod Stokes Property: 1011 Kens Lane

Page 13 of 117

Property Description • ~2.7Ac in area with frontage on Howes Lake • Access via Howes Lake Lane and Kens Lane • Existing seasonal dwelling with attached covered deck, 2 detached storage structures • Structure to be enlarged shown in Red • Irregular shoreline area • Eastern half of property is a wetland • Scattering of trees along shoreline and wetland boundary, most of property is lawn • Downward slope towards shoreline • Designated Rural & EP • Zoned RLSW Page 14 of 117

Proposal

• Permission to enlarge legal non-conforming storage shed to the east of the dwelling • Demolish existing shed and replace with similar size detached garage in similar location. • Existing vs. Proposed Structure • Slightly smaller area (29.3sqm vs. 29.9sqm) • Increase in height (5.2m vs. 2.7m) • Improved hwm setback from wetland to the east (7.2m vs. ~3m) • New structure would be entirely removed from floodplain • Proposed garage would be more than 30m from hwm of Howes Lake Page 15 of 117

Plot Plan – Proposed Addition

Page 16 of 117

Existing Storage Structure (Wetland area beyond)

Existing structure (proposed location in foreground, driveway to the left)

Proposed Location relative to Howes Lake

Proposed Location relative to existing dwelling

Page 17 of 117

Side profile of proposed garage (South face)

Front view of proposed garage

Page 18 of 117

Conceptual image of proposed garage Page 19 of 117

Department and Agency Comments • Quinte Conservation – No Objection • Building Services & Public Services – Not circulated due to the nature of the proposal • Public Comments – No comments received

Page 20 of 117

Planning Analysis

• The criteria for considering an application under section 45(2) are: • Whether the application is desirable for the appropriate development of the subject property; and • Whether the application will result in undue adverse impacts on the surrounding properties and neighborhood.

• Proposed garage would have an improved HWM setback from the wetland and would be removed entirely from the floodplain. Proposed garage would be more than 30m from the shoreline of Howes Lake. • Due to existing constraints, there would be no other compliant locations where the structure could be built while also allowing it to be functional. • Structures are comparable in area. Increase in height to 5.2m is necessary to allow car access and allow the structure to function as a garage. • Proposed structure not anticipated to conflict with surrounding neighborhood • Proposed structure is not anticipated to create any intrusive effects on neighboring properties or the lake. Page 21 of 117

• The proposal is appropriate and unlikely to result in undue adverse impacts.

Recommendation • Approval • Pending any comments received • Subject to conditions:

Page 22 of 117

• The application is approved in accordance with the submitted plot plan • A building permit is required • The owner shall remove the existing storage shed through a demolition permit to the satisfaction of the CBO or their designate • Requirement to have the location of the replacement structure pinned and its setbacks from the wetland and hwm of Howes Lake verified by an OLS to be compliant with Committee’s decision.

Questions & Comments

1. Applicant/Agent
2. Members of the Public
3. Committee Member questions

Page 23 of 117

PL-ZNA-2024-0099 Committee Deliberation and Vote

Page 24 of 117

Application PL-ZNA-2024-0103 Minor Variance

Applicant: Tim Cerskus Property: 1800 Wellington Street

Page 25 of 117

Property Description

Page 26 of 117

• 0.75ha lot area • 175m frontage on Dog Lake • 150m frontage on Wellington Street • Terrain: Gradual slope from road to shoreline – primarily treed with some areas of lawn • Developed with dwelling, accessory buildings • Rural • RLSW zone

Proposal • Seeks approval for an existing 82sqm attached deck • Northwest corner of deck set back 28.5m from lake • Majority of deck outside 30m setback

• Deck was constructed prior to 2020 by the previous owner Page 27 of 117

• Lot coverage increasing from 3.2% to 4.3%

Page 28 of 117

Towards property from Wellington Street

Subject deck

Page 29 of 117

Subject deck

Looking towards water from deck

Page 30 of 117

Towards deck from shoreline

Shoreline area

Page 31 of 117

Department, Agency and Public Comments • Cataraqui Conservation– No objection to approval. A retroactive permit will be required from the CRCA under their regulation for the deck. • Building Services – Applicant is working with the Building Department through the building permit process • Public Comments – No comments received Page 32 of 117

Planning Analysis Variance meets four tests of a minor variance

1. Maintains the general intent and purpose of the Township of South Frontenac Official Plan
2. Maintains the general intent and purpose of Zoning By-law No. 2003-75
3. Is desirable for the appropriate development of the lands in question
4. Is minor Page 33 of 117

Recommendation • Approval • Pending any comments received • Subject to conditions • The application is approved in accordance with submitted drawings • That a building permit is required for all proposed demolition and construction on the property. Page 34 of 117

Questions & Comments

1. Applicant/Agent
2. Members of the Public
3. Committee Member questions

Page 35 of 117

Application PL-ZNA-2024-0109 Permission to Enlarge Legal Non-Conforming Use

Applicant: Ethan Gurr Owner: Steven Jackson Property: 1157 Leach Lane

Page 36 of 117

Property Description • 0.31ha lot area • 42m frontage on Sydenham Lake (Eel Bay) • Property slopes steadily down to the water. • Primarily manicured lawn with some mature trees

Page 37 of 117

• Contains dwelling with attached deck, detached garage • Rural • RLSW zone

Proposal • Permission under section 45(2) of the Planning Act to enlarge a legal nonconforming dwelling. • Overframe existing roof with a new gable roof. • Height increasing from 6.7m to 9.2m • Property previously subject to PL-ZNA2024-0055 which received approval to cover the existing deck with a new roof Page 38 of 117

• Previous application did not increase height of dwelling.

Page 39 of 117

Page 40 of 117

Page 41 of 117

Proposed roof layout

Page 42 of 117

Overframing detail

Page 43 of 117

Page 44 of 117

Page 45 of 117

View from rear of lot

Rear of dwelling

Page 46 of 117

Towards side of existing dwelling

Area of proposed new roof previously proposed

Page 47 of 117

Towards dwelling from shoreline

Shoreline area

Department, Agency and Public Comments • Public Services, Building Department, Cataraqui Conservation – The application was not circulated to these departments due to the nature of the application which is only a change in the roof height. • Public Comments – None received

Page 48 of 117

Planning Analysis • New roof increases height from 6.7m to 9.2m • Application does not result in an increase in floor area or lot coverage. • The dwelling is built into a hill and there are a number of trees on the property that will assist with screening. • Setback of dwelling from lake will be maintained

Page 49 of 117

Recommendation • Approval • Pending any comments received • Subject to conditions • The application is approved in accordance with submitted drawings • Building permit is required for ALL demolition and construction on the property Page 50 of 117

Questions & Comments

1. Applicant/Agent
2. Members of the Public
3. Committee Member questions

Page 51 of 117

Delegated Consent Authority Report PL-BDJ-2024-0062 (Robertson) – Loughborough District • Granted September 09, 2024 • 1306 Mason Lane • Create one new limited-service residential lot • Severed parcel o 10 hectares in area o 200m of frontage on Mason Lane o 150m of frontage on North Otter Lake

• Retained lands Page 52 of 117

o 76 hectares in area o will be conveyed for conservation purposes

Delegated Consent Authority Report PL-BDJ-2024-0088 (Savery & McClurg) – Loughborough District

Page 53 of 117

• Granted September 24, 2024 • 6754 Perth Road and 1119 Narrows Lane • Separate two developed properties • The parcels were inadvertently merged under common ownership through the Land Title System. • Consent was required so that one of the properties could be sold

Adjournment

Page 54 of 117

Minutes of Committee Of Adjustment September, 12, 2024

Township of South Frontenac Committee of Adjustment Meeting Minutes Meeting # 08 Time: 7:00 PM Location: Storrington Centre/Virtual Via Zoom Present: Norm Roberts, Doug Morey, Steve Pegrum, Randy Ruttan, Alan Revill, Mike Howe Absent: Brett Moreland, Kevin Fox Staff: Christine Woods, Senior Planner, Noah Perron, Planner, Kate Kaestner, Secretary-Treasurer & Planning Clerk 1

Call to Order Resolution No. 2024-08-01 Moved by: Norm Roberts Seconded by: Doug Morey THAT the September 12, 2024 meeting of the Committee of Adjustment for the Township of South Frontenac is hereby called to order at 7:00pm. Carried

2

Adoption of Agenda

a)

Resolution. Resolution No. 2024-08-02 Moved by: Doug Morey Seconded by: Norm Roberts THAT the Committee of Adjustment adopts the Agenda for the September 12, 2024 Committee of Adjustment meeting. Carried

3

Electronic Meeting Information

a)

The meeting was live streamed at the following link: http://www.facebook.com/SouthFrontenacTwp/

b)

Staff has prepared a PowerPoint Presentation that was displayed on the screen of the meeting.

4

Declaration of pecuniary interest

a)

There are none.

Page 55 of 117

Minutes of Committee Of Adjustment September, 12, 2024 5

Approval of Minutes – August 08, 2024

a)

Resolution. Resolution No. 2024-08-03 Moved by: Alan Revill Seconded by: Steve Pegrum THAT the Committee of Adjustment approves the minutes of the August 08, 2024 Committee of Adjustment meeting. Carried

6

Consent Applications from a Previous Meetings: (if applicable)

7

New Consent Applications: (if applicable)

8 Minor Variance / Permission Applications from a Previous Meetings: (if applicable) 9

New Minor Variance / Permission Applications:

a)

PL-ZNA-2024-0096 (Card) - Loughborough District Property Address: 5262 Rutledge Road Purpose & Effect of the Application: The proposal seeks zoning relief on lands subject to consent applications PLBDJ-2024-0037 & PL-BDJ-2024-0038. Both consent applications were granted provisional approval by the Committee of Adjustment on June 13, 2024. One condition required that a minor variance be sought to permit reduced frontage for the retained lands. The retained lands have 70m of frontage, whereas the zoning by-law requires a minimum of 76m. Noah Perron, Planner, delivered his report to the Committee with a staff recommendation that the application be approved by the Committee. Randy Ruttan , Chair of the Committee, inquired as to whether the applicant or their agent wished to address the Committee (none heard). Mr. Ruttan inquired whether there were any members of the public who wished to comment on the application. Carol Sparling, neighbouring landowner at 1153 Retreat Lane, commented that she has had trouble getting the planning application notices from the municipality by mail due to an addressing issue with MPAC and the Township. She confirmed that Mr. Perron emailed her some documentation regarding the application and she wants to confirm that sat she received from Mr. Perron was everything that she needed to receive. Mr. Perron confirmed that what he emailed to Ms. Sparling was the entire (standardized) contents of the adjacent owner notice that was sent to all other neighbourng properties. He also confirmed that the Township has been working diligently to address the issue with respect to her property’s mailing address and it should be updated in the municipality and the County’s database very soon.

Page 56 of 117

Minutes of Committee Of Adjustment September, 12, 2024 Ms. Sparling inquired as to whether there would be a roadway into the larger retained parcel and whether it would connect to Retreat Lane. Mr. Perron stated that he can only comment on the minor variance application before the Committee, but stated that there is currently no application to put any kind of road through the retained lands of the related severance application(s). Ms. Sparling asked how many severances would be allowed on the larger property. Mr. Perron responded that original lots of record are permitted a maximum of three (3) severances through the consent process, but that due to the lack of suitable frontage on Rutledge Road, there would be no more severance possibility on the lands through the severance consent process. He reiterated that there is no current proposal to develop the retained lands and that there are a few different ways in which land can be divided in the Province, being through severance consent, plan of subdivision or plan of condominium. Chair Ruttan reiterated that her questions regarding the retained lands do not pertain to the minor variance application before the Committee, and with no development application on the retained lands, staff cannot adequately answer those questions at this time. Ms. Sparling expressed her concern that should a future application be received, she would not be notified sue to the issues with her mailing address. Kate Kaestner, Secretary-Treasurer & Planning Clerk, assured Ms. Sparling that she has been in contact with both MPAC and Frontenac County regarding the issue of her mailing address and that she has been assured that her mailing address correction will be included in the latest address update which she believed was being received by Frontenac County this week. Ms. Kaestner assured Ms. Sparling that she would continue to check the database to ensure that it is updated within the next 2 weeks. Ms. Sparling stated that there was a unopened Road Allowance on the East side of the larger property that runs from Retreat Lane down to Rutledge Road. She inquired if it was possible for the owner to purchase the road allowance and have severances then take place along the unopened road allowance. Mr. Perron responded that there is a process to purchase unopened road allowances in the Township but that no, it would not qualify as road frontage for the purpose of severing lands. Mr. Ruttan inquired (2 more times) as to whether there were any other members of the public who wished to comment on the application (none heard). Chair Ruttan asked whether there were any questions from Committee members on the application. None heard. Ms. Kaestner read the resolution for approval of the application. Mr. Ruttan inquired as to whether there were any comments from Committee members regarding the resolution. None heard.

Page 57 of 117

Minutes of Committee Of Adjustment September, 12, 2024 Resolution No. 2024-08-04 Moved by: Steve Pegrum Seconded by: Mike Howe THAT the Committee of Adjustment hereby approves Minor Variance application PL-ZNA-2024-0096, for property municipally known as 2562 Rutledge Road, to allow the retained lands of associated consent applications PL-BDJ-2024-0037 & PL-BDJ-2024-0038 to have 70 metres of road frontage. Carried b)

PL-ZNA-2024-0100 (Prosper) - Bedford District Property Address: 150-B East Shore Lane Purpose & Effect of the Application: The application seeks permission under Section 45(2) of the Planning Act to enlarge the legal non-conforming seasonal dwelling within 30m of the highwater mark of Bob’s Lake. The property is presently developed with a 71.3sqm (768sqft) dwelling with a 92.2sqm (992sqft) attached deck, and 11.1sqm (120sqft) attached bunkie/sleeping cabin. The existing one-storey dwelling with walkout basement has a height of 6.4m (21ft) and is setback 16.4m from the highwater mark of Bob’s Lake. The applicant is proposing to construct an addition to the east and south of the existing dwelling, away from the shoreline. The proposed one-storey addition would have an area of 50.2sqm (540sqft), a height of 7m (23ft), and be setback approximately 19m from the highwater mark. The proposal would facilitate the installation of a new sewage system in the same location as the existing setback approximately 21m from the highwater mark. Noah Perron, Planner, delivered his report to the Committee with a staff recommendation that the application be approved, subject to conditions. Chair Ruttan asked whether the applicant or their agent wished to speak to the application. Richard Prosper, applicant, indicated to Mr. Ruttan that he was present, but that he had nothing to add at this time. Mr. Ruttan inquired (3 times) as to whether there were any members of the public who wished to comment or ask questions regarding the application. None heard. Chair Ruttan gave Committee members the opportunity to ask questions regarding the application. None heard. Ms. Kaestner read the resolution for approval of the application, subject to conditions. Chair Ruttan asked if there were any comments from Committee members regarding the resolution. None heard. Resolution No. 2024-08-05 Moved by: Norm Roberts Seconded by: Doug Morey

Page 58 of 117

Minutes of Committee Of Adjustment September, 12, 2024 THAT the Committee of Adjustment hereby approves application PL-ZNA-20240100 for property municipally known as 150-B East Shore Lane, granting permission to enlarge the existing legal non-conforming dwelling within 30 metres of the highwater mark of Bob’s Lake, subject to conditions. Carried 10

Other Business

a)

Delegated Authority Report Kate Kaestner, Planning Clerk, delivered her report to the Committee. Committee member Norm Roberts asked for clarification regarding applications PL-BDJ-2024-0065 & 0066, specifically with how many new lots were being created as a result of the applications. Christine Woods, Senior Planner, stated that because one application was for a lot addition, only one new commercial lot was being created, as a result of application PL-BDJ-2024-0066.

11

Adjournment

a)

Resolution. Resolution No. 2024-08-06 Moved by: Doug Morey Seconded by: Norm Roberts THAT the September 12, 2024 meeting of the Committee of Adjustment for the Township of South Frontenac is hereby adjourned at 7:39 pm, to reconvene on Thursday, October 10th, 2024 or at the call of the Chair. Carried

Randy Ruttan, Chair

Page 59 of 117

E

Page 60 of 117

IPlanning Application Fee: $1,230.00 $1,445.00 $2,206.00

Township of South Frontenac Minor Variance Only Minor Variance WITHPerformance Review

$1'183'00

$46300 $72000

2. It is required that a Fee be provided for the Township to review onsite sewage disposal and Conservation Authority (where applicable) when submitting an application (Separate cheques, payable to the applicable Conservation Authority, are to be submitted with the application).

1-3 Variances 4+ Variances After building without a permit

IApplication Type:

1. lt is required that one (1) copy of this application be filed with the Secretary—Treasurer of the Committee of Adjustment, together with the sketch, accompanied by a non-refundable fee in accordance with the chart below in cash, or by debit card, credit card or cheque made payable to the Township of South Frontenac.

Application Requirements

The Committee may grant permission to enlarge or extend a structure or alter the use of the lands where any land, building or structure, on the day the by-law was passed, was lawfully used for a purpose prohibited by the by-law.

is desirable for the appropriate development or use of the land, building or structure Maintains the general intent and purpose of the Official Plan. Maintains the general intent and purpose of the Zoning By—law. ls minor in nature

The Committee may vary Zoning By-law provisions provided the Committee is of the opinion that the variance:

The Committee of Adjustment is a Committee of eight persons appointed by Township Council. The Committee is formed under Section 45 of the Planning Act R.S.O. 1990, Chapter R13, to authorize a minor variance from a zoning by—lawor permission under s. 45(2) to alter a legal non-conforming use.

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINORVARIANCE OR PERMISSION (s. 45(2)) Updated June, 2023

Page 61 of 117

Personal information requested herein is required under the Planning Act, 1990 as amended. This information willbe used by the Committee of Adjustment/Land Division Committee for the purpose of reviewing the above referenced application, and may be made available to those boards, Commissions, Authorities, Agencies and Persons having an interest in this matter. Any questions regarding the collection of this information should be directed to the Secretary Treasurer of the Committee of Adjustment (P.O. Box 100, Sydenham, Ont, KOH 2T0, Phone 376-3027 ext.2224).

4. Collection of Personal Information

Each applicant shall provide a sketch showing the dimensions of the subject land and of all abutting lands as outlined in Question 29 of the application. The sketch should be accurately dimensioned and scaled in either Imperial or Metric measures. This sketch, in conjunction with the Application Form, is the basis for the analysis of the Minor Variance Application by the Committee of Adjustment. It is strongly recommended that the applicant spend the necessary time to carefully and thoroughly assemble the data and transfer the data to the sketch. It is important that the sketch be drawn with accurate dimensions and measurements. Any application which does not include the above required information may not be accepted. In this regard, the applicant may wish to secure the assistance of a person who specializes in the drafting of such sketches. A guide to answering the application questions is attached.

3. PLEASE READ THIS ITEMCAREFULLY

Please Note: These fees are for consultation on this application only; these agencies may require additional permit applications and fees prior to any construction.

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINORVARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Page 62 of 117

Page 63 of 117

405

M

brief-lee

. _

0046a?Op‘gwbefglb g?gagCWMLA—j

[Cayz?owdéw 02%5k!pulmdt enc amiss MEI-u $1.513?

I;Yes "

E] No

[3 Yes

23.No

____£ZL_____WM

If access to the subject property is by water only, pleaseindicate the parking anddocking facilities used or to be used and the approximate distance of these facilities from the subject land and the nearest public road.

/‘LLcu)e$ Lab,Lame MagsLeis—)2.

Name of Road/Lane:

OR a privately maintained road?

Does the subject property front on a municipaliy maintained road?

50"Uri“ n4 Q?bvlé e M90 m’é éQJL?i—‘(S IQQcifaoIAA

The reason why the proposed use cannot comply with the provisions of the Zoning By—Iaw:

Bub PQC‘DIOSéygVQJ; Maw

CI; Mabel

,

7%00 $3

“a? :3

gee-QAJ-dbt (:0 2122.9

Area:

Frontage (on road/lane):

The nature and extent of the relief fromthe Zoning By—law:

2L6U»)

The current zoning of the subject land:

Depth:Ye?ies

Frontage(on water): ”0

The frontage(s), depth andarea of the subject land.

TOWNSHIP OF SOUTH FRONTENAC APPLICATIONFOR MINORVARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Page 64 of 117

L

J

I

l

.

‘‘

35M

,

47;“

7710M

28N

Setback from High Water Mark (If applicable)

(3i

indicate: (4)

14.Are any building(s) or structure(s), or additions to existing building(s) or structure(s), PROPOSED

310M

3-7 x 8.09

13.The proposed uses of the subject land:

9.9.“ )6 3-1

2.1K on e slbh‘l6H2 $9M.”

4:] N

Dimensions of Floor Area

(Also indicate if it is one story or two story)

Height of Building

5-0 M

Setback from . Side Lot Line

1%M

5-0 M

A

(2)

eeéic?amu ”FEW$1.44

Rear Lot Line

Setback from

'

Setback from Front LotLine

.

Type o fSt ruc t ure (E.g. residence)

(1)

12. If the answer to item 11 is yes, for EACH building or structure

TOWNSHIP OF SOUTH FRONTENACAPPLICATION FOR MINORVARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Page 65 of 117

_

Q

3’ N.

.

[—

l

I

34‘4“!

£57 5! L6 M 7.4

6P e

5.2 M

1 L

I

.

(2)

l

i (3) (4)

NOTES: 1) If the subject property is on waterfront, and on a private lane, the setback from the front lot line and the setback from the high water mark will be the same. 2) The dimensions required in this question relate to the NEW CONSTRUCTION ONLY, and NOT to the total size of the completed building.

Setback from High Water Mark (If applicable)

Building/Structure

Dimensions of

Outside

(Also indicate if it Is one story or two story)

Height of Building

a“

.

Setback from Side Lot Line

3)!. M

,

45““

'

émn‘g

p'2‘)

Setback from Rear Lot Line

Setback from Front Lot Line

Type of Structure (E.g. residence)

(1)

15. If the answer to item 14 is yes, for each proposed addition, building or structure indicate:

TOWNSHIP OF SOUTH FRONTENAC APPLICATIONFOR MINORVARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Increase in number of bedrooms

Increase in plumbing fixtures

livingspace Increase in.

Willthe addition or structure encroach on the existing septic system?

(a)

(b)

(0)

(d)

What are the uses of the proposed development?

If yes, please provide details:

Do your plans include the RAISINGof an existing structure?

20 ll -.

‘

”

Yes

Yes

Yes

Yes

I)!No

9N0

SlNo

We

El Yes

Unknown.)

21 .The length of time that the existing uses of the subject land have continued:

UUk’IOMJp

20.The date the existing buildings and structures were constructed on the subject lands:

Agnes“

19.The date the subject land was acquired by the current owner:

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

?No

23. Indicate whether sewage disposal is provided to the subject land by a publicly owned and operated sewage system, a privately owned and operated individual or communal septic system, a privy, or other means:

‘U 0/“ PPIoWlL

22. Indicate whether water is“provided to the subject land by a publicly owned and operated piped water system, a privately owned and operated individualor communal well, a lake, or other water body, or other means:

Page 66 of 117

Page 67 of 117

N/A

If the answer to question 25 is yes, please give the file number of the application and the status of the application.

5(‘No

NgNo

The boundaries and dimensions of the subject land including the location of any existing and proposedbuildings.

The location of a reference point……i.e. distance between the subject land and the nearest township lot line or landmark such as a bridge or railway crossing.

_Thelocation of all abutting (neighbours’) lands.

The’approxlmatelocation of all natural and artificial features on the subject land and on

ii)

iii)

iv)

V)

the land that is adjacent to the subject land. Examples include buildings, railways, roads, watercourses, drainage ditches, river or stream banks, barns, wetlands, wooded areas, wells and septic tanks. Show distance of these features from the applicant’s property lines.

THE SKETCH MUST HAVE A NORTH ARROW AT THE TOP OF THE PAGE.

i)

29. A SKETCH must be submitted showing the following:

Nils.

28. If the answer to item 27 is yes, please give the file number of the application and the status of the application.

Yes

27. If known, please indicate whether the subject land has ever been the subject of an application under Section 43 of the Planning Act (Minor Variance).

D Yes

25. Please indicate whether the subject land is subject of an application under the Planning Act for approval of a Plan of Subdivision or Consent.

TOWNSHIP OF SOUTH FRONTENAC APPLICATIONFOR MINORVARIANCE Planning Act, R.S.O. 1990, 0. R13 as amended

Page 68 of 117

3%

Inset Map 1319 HOWES LAKE LANE

1320 HOWES LAKE LANE

1320 HOWES LAKE LANE

SOUTH FRONTENAC PL-ZNA-2024-0099 (WILSON) 1011 KENS LANE Legend

D

Subject Property Parcels

////

Provincially Significant Wetland Wetland

1020 KENS

LANE 1011 KENS LANE

1261 HOWES LAKE LANE

Wooded Area Lake Trout Lake At Capacity

Lake Trout Lake Not at Capacity

Q

I

Non-Lake Trout Lake At Capacity

Waterbody HOWES

LAKE LANE

I Township Boundary Road

Q

Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2024.

Page 69 of 117

1019B KENS LANE

1019A KENS LANE

D 1243 HOWES LAKE LANE

While the County 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: 1:1,250 O

10

20

-:— 1241 HOWES LAKE LANE

4O m

UTM Zone 18 NAD 83 Date: 202408-13

”kg

it

”if

Page 70 of 117

General Notes: These plans were designed in accordance with the requirements of the Ontario Building Code. Drawings must not be scaled.

A

10’wx7’H Garage Door

Contractor shall verify and be responsible for all dimensions and minimum code requirements and shall report any discrepancy to the Ownert before proceeding with any work. A

A

Plans are copyrighted and any unlawful for use without company’s express and written permission.

A

Unheated Garage

These plans form the basis for the permit issuance and any deviations from these plans and details including ventilation system, heating system, woodstove, fireplaces, decks, balconies and finish basements will require a revised drawing and clearance by the Building Department.

Backfill

3’Door

DESIGNER INFORMATION

Ground Floor Plan

Foundation Plan

Scale 1/4’=1’-0"

Scale 1/4’=1’-0"

I, Rod Stokes of Rod Stokes Consulting review and take responsibility for the design work, and am qualified in the appropriate categories as “Designer” under Division C Part 3 Section 3.2.4 of the Ontario Building Code.

Firm B.C.I.N.: 38482 Individual B.C.I.N.: 31134 Signed:

Rod Stokes

Storage 7 6

Unheated Garage

5 4 3

138.77

Finish Grade

Average Finish Grade

Average Finish Grade

138.77 2

Average Finish Grade

Average Finish Grade

issued for Permissions Application

1

138.00

138.00

Cross Section A-A

South Elevation

Scale 1/4’=1’-0"

Scale 1/4’=1’-0"

Finish Grade

No.

Aug06/24

Revision/Issue

Proposed New Garage for Mr. John A. Wilson 1011 Ken’s Lane , Howes Lake Verona, Ontario Twp of South Frontenac,

Plans & Elevations Finish Grade

138.77

138.77

138.77

Finish Grade

Average Finish Grade

Average Finish Grade Finish Grade

138.00

138.00

Finish Grade

Average Finish Grade Finish Grade

Finish Grade

Average Finish Grade

138.00

West Elevation

East Elevation

North Elevation

Scale 1/4’=1’-0"

Scale 1/4’=1’-0"

Scale 1/4’=1’-0"

A-1 As noted

Page 71 of 117

Noah Perron From: Sent: To: Cc: Subject: Attachments:

Catherine Sinclair CSinclair@quinteconservation.ca June 7, 2024 9:38 AM Noah Perron SV20-2024; 1011 Kens Lane; Lot 7, Conc. 13, Portland 00urgmwm1dv.pdf; 240607_27305.pdf

Hello Rod and John, Thank you both for mee ng me on the subject lot earlier this week. Due to the shape of the lot, it’s general geographic area (on a point of land) and given the extensive flood plain, the op ons are somewhat limited, but I hope we found an alterna ve that you might be able to work with, and one that the Township can also support. Any development ac vi es (construc on, impor ng and/or removing fill/site grading) within 30m of the flood plain will require a permit from this office as the lands are regulated by virtue of O. Reg. 41/24. The flood plain is illustrated on the a ached survey which Hopkins Chi y completed for you. As previously noted, the new flood plain mapping is scheduled to be approved by our Board later this Spring – poten ally later this month. The comments provided today are valid for one year from today’s date or un l a new flood plain eleva on has been approved for Howes Lake. However, if you submit a permit applica on, prior to the new flood plain mapping approval by our Board, the exis ng flood eleva on will apply. Unfortunately, you do not have room to construct an addi on out the south side of the dwelling (water-side) nor the east side of the dwelling (towards the exis ng shed) as you could not achieve the 15m setback from the flood plain which is required for new development. The sewage system is located on the north side of the dwelling so there isn’t room for an addi on here and you do not appear to have room to enlarge the exis ng sewage system either as you could not achieve the necessary setbacks. You may have room for an addi on out the west side, however the Township zoning will impact this proposal, so please communicate with them as you further develop your ideas. You may have some op ons with the exis ng shed. The corner of this structure is currently located within the flood plain. This office would permit you to reconstruct this accessory structure provided the square footage is the same and that the structure remains a one-storey/level accessory building without plumbing/living space. It would be ideal if you could pivot the structure to remove it from the flood plain, however there is a significant grade change between the driveway and the shed that may impact the project. Filling into the flood plain is not permi ed. Again, please communicate with the Township regarding a possible reconstruc on here as you need to ensure you can meet their zoning requirements and to determine if a Minor Variance may be required under the Planning Act. If you require a Minor Variance, this process comes first, prior to any building permits being issued from this office and from the Township. You also asked about the possibility of comple ng landscaping on a sec on of the slope between the dwelling and the lake. I think you have op ons here, but again all the work must be completed above the flood plain. We discussed the possibility of a ered wall, perhaps with gardens in-between the ers. As you con nue to work with your contractor on developing these plans, please ensure they touch base with this office in the early stages of development to ensure their me is well spent designing a project that this office can support. Depending on the scope of the landscaping project, you will require a permit from this office and possible the MNR (Ministry of Natural Resources) and DFO (Department of Fisheries and Oceans). Permits from MNR/DFO are only required for proposed work that occurs below the seasonal high water mark, and it’s important to note that MNR will set ming restric ons on the project. 1

Page 72 of 117

As you progress with your plans, if you feel a joint call with the Township and/or your contractor(s) is necessary, please reach out. Bye for now, Catherine

Catherine Sinclair Regulations Officer P: 613-968-3434 or 613-354-3312 x 117 E: csinclair@quinteconservation.ca RR#2, 2061 Old Hwy #2, Belleville, ON K8N 4Z2 QuinteConservation.ca | QuinteSourceWater.ca

Working, living, and learning on the traditional territories of the Anishinabek, Huron-Wendat, and Haudenosaunee (Iroquois) peoples.

 Consider the environment. Please don’t print this e-mail unless you really need to. Disclaimer: This is intended for the addressee indicated above. It may contain informa on that is privileged, confiden al, or otherwise protected from disclosure under the Municipal Freedom of Informa on and Privacy Protec on Act. If you have received this in error, please no fy us immediately.

Click here to sign up for one of Quinte Conserva on’s e-newsle ers!

2

Page 73 of 117

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. PL0234-2024 Municipality:

Township of South Frontenac

Landowner:

John Wilson

Location:

1011 Kens Lane

Roll #:

0290800501830000000

Application Description:

Minor Variance Appl’n File No. PL-ZNA2024-0099

Regulated Features:

Howes Lake

Part Lot 7, Concession 13

Portland

Permit the enlargement of a legal non-conforming accessory structure within 30m of the highwater mark of Howes Lake. The existing 29.3m2, 2.7m high shed is currently located in the floodplain of Howes Lake and 5.6m from the high water mark. The existing shed will be demolished and a new 29.3m2, 5.2m high shed will be constructed farther from the lake at a distance of 2.3m from the floodplain and 7.2m from the high water mark.

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. Staff are satisfied that the application as presented is consistent with Section 3.1 of the PPS, as development can occur beyond hazard lands.

Ontario Regulation #41/24 (Regulation of Prohibited Activities, Exemptions and Permits)

Comments:

The subject lands lie within the regulated area of Howes Lake (by virtue of Ontario Regulation #41/24 Regulation of Prohibited Activities, Exemptions and Permits). Please note that the owners will need to apply to the Conservation Authority for a permit for the proposed development prior to development activity (including construction / filling/ excavation/ site grading/ change of use) occurring. Please note that should the new shed require additional fill for grading, no new fill is permitted in the floodplain of Howes Lake. These planning comments do not constitute permission to develop within a Quinte Conservation regulated area. The permitting process is a separate process from the plan review process, and a separate fee will be applied to future permit application(s) to this office.

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 74 of 117

Other Potential Municipal/Township Studies As per Sections 21.1.1 and 21.1.2 of Ontario Regulation 596/22 (amendments made under the Conservation Authorities Act) as a result of the More Homes Built Faster Act, 2022, conservation authorities are no longer able to review or provide comment on Natural Heritage and Hydrogeology, nor is this office able to peer-review technical reports related to these maters. If the Township/Municipality requests a hydrogeological assessment or Environmental Impact Study (EIS) it should be peer-reviewed by a qualified consultant. Final Comments:

Quinte Conservation has no objection to the minor variance application as presented. Staff request that a copy of the decision on the application be forwarded to this office, when available.

Sharlene Richardson for: Sam Carney Planning Technician

September 17, 2024 Date

Page 2 of 2

Page 75 of 117

To:

Committee of Adjustment

From:

Development Services Department

Date of Meeting:

October 10, 2024

Subject:

Permission Application (S. 45(2) of Planning Act) PL-ZNA-2024-0090, Wilson, 1011 Kens Lane, Portland District

Summary This report recommends that the Committee of Adjustment grant approval of this application for permission to enlarge a legal non-conforming accessory structure under section 45(2) of the Planning Act, subject to conditions. Background Official Plan Designation: Rural & Environmental Protection Zoning: Limited Service Residential – Waterfront Proposal The applicant seeks permission under section 45(2) of the Planning Act to enlarge the legal non-conforming accessory structure on the property located within 30m of the highwater mark of Howes Lake. Related Applications The lands are not subject to any additional applications under the Planning Act. Property Description The subject property is approximately 2.7Ac in area with frontage on Howes Lake. Access is via Kens Lane, which extends from Howes Lake Lane and Desert Lake Road. The intersection of Howes Lake Lane and Ken’s Lane exists on the northern half of the property. Kens Lane travels in a south direction along the western lot line of the subject property and provides access to three additional waterfront properties. Existing development consists of a dwelling and two detached storage sheds. The eastern half of the subject property consists of a wetland with connections to Howes Lake. The existing dwelling is located approximately 25m from Howes Lake and 20m from the wetland. The frame shed to the east of the dwelling is directly adjacent to the wetland and is located within the floodplain of Howes Lake. There is a scattering of trees along the shoreline, however, most of the property is lawn. Topography www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 76 of 117

Township of South Frontenac Staff Report PL-ZNA-2024-0099

also varies across the property’s extent. The highest point of elevation occurs near the existing dwelling, before sloping downwards to the east towards the shoreline of Howes Lake and the wetland. The surrounding area is characterized by similar style limited service residential waterfront development. Proposal This application relates to the detached storage shed on the property, to the east of the dwelling. The building is 29.9sqm (321.8sqft) in area and 2.7m tall. The building is located within the floodplain and is setback approximately 3m from the wetland edge, closer than indicated on the submitted plot plan (~5.6m). The applicant is proposing to demolish the existing structure and construct a detached garage in a similar location. The proposed one-storey detached garage would have an area of 29.3sqm (315.4sqft) and a height of 5.2m. The garage would be located southwest of the existing structure, away from the wetland. It would be setback 7.2m from the edge of the wetland, and 2.3 metres from the floodplain. Department and Agency Comments Quinte Conservation provided comment on September 17, 2024. Staff had no objection to the approval of the application. It was noted that a Quinte Conservation development permit would be required to accommodate the proposed development. Building Service and Public Services did not provide comment on the application, due to the nature of the proposal. Public Comments No public comments were received at the time of writing this report. Planning Analysis The Township Official Plan Schedule designates the subject property as Rural. The wetland is designated Environmental Protection. The property is zoned RLSW in Zoning By-law 200375. The proposed detached garage is accessory to the permitted residential use of the property. Section 5.10.2 of the Zoning By-law states that existing buildings with less than the minimum 30m setback from the highwater mark of 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 Zoning By-law considers the existing detached storage structure as a legal non-conforming building because it was constructed prior to the current Zoning By-law and is setback less than 5.6m from the wetland on the property. Through its powers under section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the detached accessory structure. The criteria for considering an application under Section 45(2) are: www.southfrontenac.net Page 77 of 117 South Frontenac is a welcoming and thriving rural community.

Township of South Frontenac Staff Report PL-ZNA-2024-0099

• •

Whether the application is desirable for the appropriate development of the subject property; and Whether the application will result in undue adverse impacts on the surrounding properties and neighbourhood.

The existing detached storage structure on the subject property is presently setback approximately 3m from the wetland to the east and is located within the floodplain. Comparatively, the proposed detached garage would be setback 7.2m from the wetland to the east and 2.3m from the floodplain. The proposed detached garage will be located entirely outside of the floodplain and will be more than 30m from the shoreline of Howes Lake to the south. Due to existing constraints, there would be no other compliant locations on the subject property where the structure could be built while also allowing it to be functional. For example, the structure would not be permitted to encroach closer to the shoreline of Howes Lake to the south, or the flood plain to the east. Additionally, the location of the sewage system and Kens Lane also restrict the location of a new structure. For this reason, the proposed location is interpreted as favourable. The proposed 29.3sqm detached garage would be similar in area as the existing storage structure (29.9sqm). Building height would increase from 2.7m to 5.2m. The proposed increase in building height would allow a car to enter and exist the structure, thus allowing it to function as a garage. Further, the proposed building height does not exceed the maximum 8m established in the zoning by-law. Given the similarities between the existing and proposed structures, there is no anticipated conflict with the surrounding neighbourhood. The location of the proposed garage would also allow direct access from the existing gravel driveway. It is the opinion of Township Planning Staff, that the application is desirable for the appropriate development of the subject property. The proposed detached garage is not anticipated to create any intrusive effects on neighbouring properties or the lake. The existing dwelling, slope and tree coverage along the boundary of the wetland would visually screen the proposed garage from Kens Lane. The proposed highwater mark setback (31m), and existing tree coverage along the shoreline and wetland boundary would also visually screen the proposed garage from Howes Lake. It is the opinion of Planning Staff, that the application is unlikely to result in undue adverse impacts on surrounding properties or the neighbourhood. 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 accessory structure 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 e-mail to prescribed persons and public bodies www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 78 of 117

Township of South Frontenac Staff Report PL-ZNA-2024-0099

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve application PL-ZNA-2024-0099 for 1011 Kens Lane, subject to the following conditions.

1. Permission is granted to enlarge the legal non-conforming storage structure to the east of the dwelling on the subject property. This structure can be replaced with a new accessory structure that has a maximum 29.9sqm floor area, and a maximum building height of 5.2m. The replacement accessory structure shall be setback a minimum of 7.2m from the edge of the wetland to the east and a minimum of 30m from the highwater mark of Howes Lake. The location of the replacement accessory structure shall be generally consistent with the submitted plot plan (Dated September 11, 2024) that will be attached to this decision as Schedule “A”.
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. The Owner shall remove the existing storage shed that is the subject of this application through a demolition permit obtained under the Ontario Building Code, to the satisfaction of the Township Chief Building Official or their designate.
4. The Owner is required to have the location of the replacement accessory structure pinned and its setbacks from the wetland and highwater mark of Howes Lake verified by an Ontario Land Surveyor to be compliant with the Committee’s decision, prior to construction occurring and to the satisfaction of the Township Chief Building Official or their designate. Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Manager of Planning

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 79 of 117

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O.1990, c. P.13 as amended

Date Received:

Pre-Consultation forthis application Planner: ‘l.

«”4

File No:

_

Fifu’lz

, No

rYes

jKLY 1?) 20‘”

Date ofpre»consultation:

{IM Alli?DEB LEZS‘KILE

Nameowaner(5)

Full Mailing Address of Owner(s): 305’H0’

Qugg/U ‘s QMVW557

Tokam’o phone

Mil/27;

—

number of 0mm

Owner(s—

Email Address or 2.

If the applicant is NOT the owner of the subject land‘ the written authorization ofthe owner that the applicant is authorized to make the application, must accompany the application [a

Name of Authorized Agent:

Full Mailing Address

of Authorized Agent:

Phone number of Authorized Agent:

Email Address of Authorized Agent: Agent as named above is hereby authorized to act on behalf of the owners for purposes of processing this application for Minor Variance.

Signature(s) of Owner(s) 3.

The description of the subject land: District:

Portland

Bedford

q_

Concession Number: Street Number:

[5?!)0

Reference Plan Number. RollNumber:

ié

Lot Number: Name of Road/Street:

”‘8 q

lStorrington

Loughborough

WELL!“ GTDN Xl’ lZEET

Part Number(s):

3 é Z 39‘ O I 5’?

loz‘ioéoogooboo]

Page 80 of 117

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINORVARIANCE Planning Act, R.S.0. 1990, c. P.13 as amended

4,

The frontage(s), depth and area of the subject land‘ Frontage (on water):

[70 ”‘1

Depth:

‘73h“

Area:

5‘

The current zoning of the subject land:

The nature and extent of the relief from the Zoning By-law:

75.3?n"L

hy?wnr [,imhx Sit/VINEMA K[,3 W KnioLLMia/

Mum

sérnmz

0F NWcaravan of Wm

FROMHMHMng 7.

lg 0’“

Frontage (on road/lane):

DEM qs’FEM’

MMK

The reason why the proposed use cannot comply with the provisions of the Zoning By-law:

TIM; DECKwns mics/49r Ex: 5 r, N 6 WHEN WE Page/Mfg]; n15 mfg/2w In 207.0. wg ME Mama

FM in mum/M

FE/zmrmaaA5795 10/25ku amus

ou/?bkf Tat; Diet 4 Baum/«)6 ComrnuL-rgp 8‘ Does the subject property front on a municipally maintained road? OR a privately maintained road?

Yes

P50 xYes

e

17’ No

No

Name of Road/Lane:

wecu/U GTIN $71:ng 9.

If access to the subject property is by water only, please indicate the parking and docking facilities used or to be used and the approximate distance of these facilities from the subject land and the nearest public road‘

10‘

What are the existing uses of the subject land?

{L631 DENTIAL

—

YEAR—ROME) 56mm

HOME

11. Please indicate whether there are any EXISTING buildings or structures on the subject land. (lte. residence, garage, shed. etct) 5t Yes

No

Page 81 of 117

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINORVARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

12. If the answer to item 11 is yes, for EACH building or structure

TypeofStructure (E.g. residence)

“ME-“Dimes T2) SHED

indicate:

(3) CHILDREN!" (4)

PLAv/loure

??lSEO ?uNGnLop

Setback from Front Lot Line

1%H,

Ii é H

l 5” H

Setback from Rear Lot Line

I 0 95/M.

I]; ,H

“0 LIL

Setback from Side Lot Line

[00 LL

}? £1

3 0 j}

Kit-“‘i?iii’ii?i’i‘it‘z 10-5ii noi‘i

[i ii

story or two story)

Dimensions of Floor Area

Cl) [6’00 r41

L66Hr"

,

’601“”

1qu p1,»

(own Se‘?st?m‘m"

[MAL

(If applicable)

HUM

13.The proposed uses of the subject land:

([65 l r) E M 1’; m, 14.Are any building(s) or structure(s), or additions to existing building(s) or structure(s). PROPOSED to be built on the subject land? )(Yes

i

No

Page 82 of 117

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINORVARIANCE Planning Act. R.S.O. 1990, c. P.13 as amended 15. If the answer to item 14 is yes, for each proposed addition, building or structure

(2)

(1) Type of Structure (E.g. residence)

WkDeek

Setback from Front Lot Line

IZ 0 L}

Setback from Rear Lot Line

q{ KL

Setback from Side Lot Line

[L0 N

Height of Building (Al

(4)

To Ella; 0; [1111ng pffncuzo gun Gama p-r MAINFLooK szEL

‘f’t’ [6 H 213333433?“ ‘d’

t

Outside Dimensions

of Building/Structure

Setback from High Water Mark (If applicable) NOTES:

(3)

indicate:

IT? 7 5/3H’

KN 01

1. if the subject property is on waterfront, and on a private lane, the setback from the front lot line and the setback from the high water mark will be the same.
2. The dimensions required in this question relate to the NEW CONSTRUCTION ONLY, and NOT to the total size of the completed building.

Do your plans include any DEMOLITION of existing structures?

Yes

yNo

If yes, please provide details:

Page 83 of 117

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.0. 1990, c. P.13 as amended

Do your plans include the RAISING of an existing structure?

XNo

Yes

If yes, please provide details:

What are the uses of the proposed development?

(a)

Increase in number of bedrooms

Yes

YNo

(b)

Increase in plumbing fixtures

Yes

xNo

(c)

Increase in living space

YYes

No

(d)

Will the addition or structure encroach on the existing septic system?

Yes

yNo

19.The date the subject land was acquired by the current owner:

DEOEHEGL IR, Low 20.The date the existing buildings and structures

were constructed

on the subject lands:

House was MILT zr- uq y YEMU Mo AccoKDING To Rani. Esme Lmr Io m4“ been (on: covsrrzucrso bur/«mu

Lis-mué

21.The length of time that the existing uses of the subject land have continued:

Mm t , 1'190

Kétllll’?KED Sk?DIUIJ‘ION

Indicate whether water is provided to the subject land by a publicly owned and operated piped water system, a privately owned and operated individual or communal well, a lake, or other water body, or other means:

“were” 23.

owner)

1m!)

Manure»

lubivloum

wgu,

Indicate whether sewage disposal is provided to the subject land by a publicly owned and operated sewage system, a privately owned and operated individual or communal septic system, a privy, or other means:

FKIuArmt’UwUE‘D 4ND orgnnrm 24‘ls storm drainage provided by sewers,

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Page 84 of 117

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINORVARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

25. Please indicate whether the subject land is subject of an application under the Planning Act for approval ofa Plan of Subdivision or Consent. Yes

)(No

If the answer to question 25 is yes, please give the ?le number of the application and the status of the application.

If known, please indicate whether the subject land has ever been the subject of an application under Section 43 of the Planning Act (Minor Variance). ‘Yes

)< No

Ifthe answer to item 27 is yes, please give the file number of the application and the status of the application.

A SKETCH must be submitted showing the following: THE SKETCH MUST HAVE A NORTH ARROW AT THE TOP OF THE PAGE. The boundaries and dimensions of the subject land including the location of any existing and proposed buildings.

The location of a reference point……i.e. distance between the subject land and the nearest township lot line or landmark such as a bridge or railway crossing. The location of all abutting (neighbours)

lands.

The approximate location of all natural and artificial features on the subject land and on the land that is adjacent to the subject land. Examples include buildings, railways, roads, drainage ditches, river or stream banks, barns, wetlands, wooded areas, watercourses, wells and septic tanks. Show distance of these features from the applicant’s property lines. “Note:

“’

The distances to on—siteand abutting owners’ wells, septic fields and barns. from the property to be varied, IS REQUIRED to be shown. The SKETCH is of signi?cant importance and should be prepared as carefully. neatly and accurately as possible.

Page 85 of 117

Page 86 of 117

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Page 87 of 117

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

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Page 88 of 117

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October 3, 2024

File: MV/FRS/239/2024

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

Application for Minor Variance PL-ZNA-2024-0103 (Cerskus) Lot 16, Concession 9; 1800 Wellington Street Storrington District, Township of South Frontenac Waterbody: Dog Lake

Cataraqui Conservation staff have reviewed the above-noted application and offer the following comments for the Committee of Adjustment’s consideration. These comments are provided based on Cataraqui Conservation’s roles as technical advisor to the Township on Planning Act applications, and as administrator of Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits. Summary of Proposal The applicant is requesting approval for an 82 sq metre attached deck that has been constructed on the subject property prior to receiving approvals and permits. The deck is attached to the existing single detached dwelling and a portion of the deck is located within the required 30 metre setback (28.5 metres) from the highwater mark of Dog Lake. A minor variance is being requested to allow the attached deck to be set back less than 30 metres from the highwater mark of Dog Lake as required by the Zoning ByLaw. Site Description The subject property is an irregular shaped lot approximately 0.75 hectares in size with water frontage on Dog Lake. The most westerly portion of the shoreline is adjacent to an unevaluated wetland which appears to be open water marsh. A good portion of the property is occupied by mature deciduous and coniferous trees with an area of open manicured lawn surrounding the existing development. Existing development includes a single detached dwelling with an attached back deck, a shed, and a children’s playhouse. The property is designated ‘Rural’ in the Official Plan and is zoned ‘Residential Limited Services Waterfront’ (RLSW) in the implementing Zoning By-law.

Page 89 of 117

Discussion The main interest of Cataraqui Conservation with respect to this application is the avoidance of natural hazards (i.e. flooding and erosion) associated with the Dog Lake. Natural Hazards Cataraqui Conservation, through our implementation of Ontario Regulation 41/24 and, in accordance with the natural hazards policies of the 2020 Provincial Policy Statement (PPS), directs development away from lands subject to natural hazards, such as flooding and erosion to protect people and property. Flooding Development and site alteration within and adjacent to the regulatory flood plain is restricted. The intent of Cataraqui Conservation and Township floodplain setback policies is to ensure people and property are protected from the flooding hazard. The regulatory 100-year flood plain elevation for Dog Lake is 98.65 metres GSC. Based on the shoreline topography, the flood plain is found along the toe of slope. As constructed, the deck is located 28.5 metres from the highwater mark of Dog Lake which places the structure outside the minimum 6 metre setback from the flooding hazard. Erosion Development and site alteration within and adjacent to the erosion hazard is also regulated by Cataraqui Conservation through our implementation of Ontario Regulation 41/24, consistent with Section 3.1 of the 2020 Provincial Policy Statement. This is typically addressed through the imposition of appropriate setbacks from the hazard or through mitigation where warranted by site-specific conditions and the nature of a proposal. Cataraqui Conservation defines the extent of potential erosion hazards for inland lakes, as the sum of a 1(h):1(v) or 3(h):1(v) slope stability allowance (depending on slope material) plus an erosion access allowance of 6 metres. Together, these make up what is known as the ‘Erosion Hazard Limit’. Based on slope height of approximately 1 metre composed of shallow till over bedrock, the erosion hazard extends 5 metres from the toe of slope at its greatest extent. As constructed, the deck is located outside the minimum 6 metre setback from the erosion hazard.

Page 2 of 3

Page 90 of 117

Recommendation Staff have no objection to the approval of application PL-ZNA-2024-0103 based on our review of natural hazard and regulatory policies. Ontario Regulation 41/24 Portions of the subject property are located within a regulated area under Ontario Regulation 41/24: Prohibited Activities, Exemptions, and Permits which regulates development and interference with wetlands, and alterations to shorelines and watercourses. Staff have no record of permit issuance for the deck construction. A retroactive permit is required from CRCA. If you have any questions, please contact the undersigned. Please inform this office of any decision made by the Committee of Adjustment regarding this application. Yours truly,

Emily Su Resource Planner 613-546-4228 ex.258 cc:

applicant, via e-mail

Page 3 of 3

Page 91 of 117

To:

Committee of Adjustment

From:

Development Services Department

Date of Meeting:

October 10, 2024

Subject:

Minor Variance Application (S. 45(1) of Planning Act) PL-ZNA-2024-0103, Tim Cerskus, 1800 Wellington Street, District of Storrington

Summary This report recommends that the Committee of Adjustment grant approval of the subject application for zoning relief for a deck attached to an existing single detached 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: RLSW Proposal The Owner is seeking approval for an 82sqm attached deck that has been constructed on the property. The deck is an elevated deck attached to the water side of the existing single detached dwelling which has a walkout basement. A portion of the deck is located within the required 30m setback from the highwater mark of Dog Lake. The attached deck is set back 28.5m from the highwater mark. A minor variance is being requested to allow the attached deck to be set back less than 30m from the highwater mark of Dog Lake as required by the Zoning By-law. The deck was not constructed by the current owner of the property but was constructed by a previous property owner. Zoning Relief Requested Section 5.8.2(a) – to permit an attached deck to be a minimum of 28.5m from the highwater mark of Dog Lake, whereas a minimum 30m setback is required for all buildings and structures.

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 92 of 117

Township of South Frontenac Staff Report PL-ZNA-2024-0103

Related Applications The lands are not subject to any additional applications under the Planning Act. Property Description The subject property is a roughly triangular shaped parcel of land that tapers to a narrow point on the west side and widens to a depth of 83m on the east side. The property is 0.75 hectare in area and has approximately 175 metres of frontage on Dog Lake and approximately 150m of frontage on Wellington Street. There is a gradual slope from the road down to the shoreline. The property is developed with a single detached dwelling and several accessory structures. The property contains mature tree cover and some areas of manicured lawn around the dwelling and is located in an area of similar waterfront residential development. Department and Agency Comments Cataraqui Conservation advised that they had no objections to approval of the application based on their review of natural hazard and regulatory policies. Regarding Building Services, the applicant is actively proceeding through the building permit process. Approval of the subject minor variance application is required prior to a permit being able to be issued by the Building Department. The application was not circulated to Public Services as the property is located on a private lane. Public Comments No public comments have been received at the time of writing 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 requested variance would facilitate the approval of an already constructed attached deck on lands that are designated Rural in the Official Plan on Schedule A. The existing single detached dwelling to which the deck is attached complies with the 30m setback from Dog Lake. The dwelling is built into a hill and has a walkout basement and the www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 93 of 117

Township of South Frontenac Staff Report PL-ZNA-2024-0103

deck projects 4.75m from the front of the house towards the water. The size and scale of the deck is typical for a deck attached to dwelling on a waterfront property. The majority of the deck is located outside the 30m setback. Due to the curve of the shoreline on the property which extends from the northeast to the southwest, only a portion of the northwest corner of the deck is within the setback. There is an exposed bedrock outcrop located immediately in front of the deck between the deck and the shoreline. As a result there would have been minimal impact to the native site soils or vegetation for the construction of the deck 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 attached deck is a permitted use in the RLSW zone. The intent of the 30m setback is to maintain an adequate separation distance between buildings and the shoreline area. This area should contain a buffer of healthy native vegetation. As stated, the majority of the deck is located outside the 30m setback. Only a portion of the deck encroaches within the setback due to the curve of the shoreline. The 1.5m reduction to the 30m setback for a portion of the deck within the setback still maintains adequate separation for the structure from the lake. The establishment of additional vegetation is not required due to the large area of exposed bedrock immediately in front of the deck. The proposal will comply with all other zoning requirements including lot coverage. Existing lot coverage is 3.2%, while proposed is 4.3%. This is within the maximum permitted lot coverage of 5%. The proposed 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? The requested variance is desirable for the appropriate development of the land. The existing dwelling is a walkout design therefore a deck is required in order to exit the dwelling on the water side. The design of the deck and location on the property ensures that the development is largely outside the setback from the water while minimizing site alteration and vegetation removal. The structure is located in an appropriate and practical area where there are no impacts anticipated on the subject or 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. It is not anticipated to impact the existing or planned functionality of the property and adjacent properties. The proposed deck would be 28.5m from the water at the closest point. The majority of the deck is located outside the 30m setback and there is no impact www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 94 of 117

Township of South Frontenac Staff Report PL-ZNA-2024-0103

resulting from the corner of the deck located 1.5m within the setback. Vegetation would be maintained to provide visual screening from the nearest neighbour and to 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 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-2024-0103 for 1800 Wellington Street, subject to the following conditions.

1. The minor variance is for a deck attached to an existing single detached dwelling. The deck is permitted to establish a minimum 28.5 metre setback a minimum from the highwater mark of Dog Lake. The deck is permitted to be a maximum size of 82sqm. The location of the dwelling on the property must be consistent with the application sketch provided with the application.
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-2024-0103 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Report Prepared By: Tom Fehr, Planner Report Reviewed By: Christine Woods, RPP MCIP, Manager of Planning

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 95 of 117

Page 96 of 117

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Personal information requested herein is required under the Planning Act, 1990 as amended. This information will be used by the Committee of Adjustment/Land Division Committee for the purpose of reviewing the above referenced application, and may be made available to those boards, Commissions, Authorities, Agencies and Persons having an interest in this matter. Any questions regarding the collection of this information should be directed to the Secretary Treasurer of the Committee of Adjustment (PO. Box 100, Sydenham, Ont., KOH 2T0, Phone 376-3027 ext.2224).

4. Collection of Personal Information

Each applicant shall provide a sketch showing the dimensions of the subject land and of all abutting lands as outlined in Question 29 of the application. The sketch should be accurately dimensioned and scaled in either Imperial or Metric measures. This sketch, in conjunction with the Application Form, is the basis for the analysis of the Minor Variance Application by the Committee of Adjustment. It is strongly recommended that the applicant spend the necessary time to carefully and thoroughly assemble the data and transfer the data to the sketch. It is Any important that the sketch be drawn with accurate dimensions and measurements. application which does not include the above required information may not be accepted. In this regard, the applicant may wish to secure the assistance of a person who specializes in the drafting of such sketches. A guide to answering the application questions is attached.

3. PLEASE READ THIS ITEM CAREFULLY

Please Note: These fees are for consultation on this application only; these agencies may require additional permit applications and fees prior to any construction.

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

DocuSign Envelope lD: FFFAFESA-OOFD-4426~8321—E6D002EA2C7B

Page 97 of 117

Page 98 of 117

Area: 0.8 aC

Depth: 147.7’

: Yes

W0

VNo

If access to the subject property is by water only, please indicate the parking and docking facilities used or to be used and the approximate distance of these facilities from the subject land and the nearest public road.

Leech Lane

Name of Road/Lane:

OR a privately maintained road?

l‘l Yes

The reason why the proposed use cannot comply with the provisions of the Zoning By-Iaw:

Increase height of existing dwelling

The nature and extent of the relief from the Zoning By—Iaw:

RS

The current zoning of the subject land:

Frontage (on road/lane): 95’

Frontage (on water): 230’

The frontage(s), depth and area of the subject land.

8. Does the subject property front on a municipally maintained road?

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

DocuSign Envelope ID: FFFAFESA-OOFD-4426-8321-EBDCOZEA2C7B

Page 99 of 117

+/- 28'

24608.f house 1050s.f deck 3510 s.f total

+/—22’ at walkout

+/- 2'

+/- 175'

+/- 28'

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864 s.f

+/-15'

+/—10'

+/-105'

Shed

+/—228'

1503.f

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+/—4'

+/—15'

+/—228'

(3)

indicate: (4)

14.Are any building(s) or structure(s), or additions to existing building(s) or structure(s), PROPOSED

Residential

Detached Garage

(2)

+/—120'

13.The proposed uses of the subject land:

Setback from High Water Mark (If applicable)

Dimensions of Floor Area

(Also indicate if it is one story or two story)

Height of Building

Setback from Side Lot Line

Setback from Rear Lot Line

Setback from Front Lot Line

Type of Structure (E.g. residence)

(1)

12. If the answer to item 11 is yes, for EACH building or structure

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

DocuSign Envelope ID: FFFAFE8A-OOFD-4426-8321-ESDCOZEA2C7B

Page 100 of 117

4

NOTES:

+/-28'

84’ X 52' 246OS.f house 1050 sf deck 3510 3-f total

30’ at walkout. Single story plus basement

+/-2'

+/—175‘

+/-28'

Residence

(1)

(2)

(3)

(4)

1. If the subject property is on waterfront, and on a private lane, the setback from the front lot line and the setback from the high water mark will be the same.
2. The dimensions required in this question relate to the NEW CONSTRUCTION ONLY, and NOT to the total size of the completed building.

Setback from High Water Mark (If applicable)

Outside Dimensions of Building/Structure

(Also indicate if it is one story or two story)

Height of Building

Setback from Side Lot Line

Setback from Rear Lot Line

Setback from Front Lot Line

Type of Structure (E.g. residence)

15. If the answer to Item 14 is yes, for each proposed addition, building or structure indicate:

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

DocuSign Envelope ID: FFFAFESA-OOFD-4426-8321-E6DC02EA207B

Page 101 of 117

Increase in number of bedrooms

Increase in plumbing fixtures

Increase in living space

Will the addition or structure encroach on the existing septic system?

(a)

(b)

(c)

(d)

What are the uses of the proposed development?

Ifyes, please provide details:

Do your plans include the RAISING of an existing structure?

VNO {Z’No

Yes Yes

VNo

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Yes

3 Yes

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Yes

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Indicate whether sewage disposal is provided to the subject land by a publicly owned and operated sewage system, a privately owned and operated individual or communal septic system, a privy, or other means:

Private Well

Indicate whether water is provided to the subject land by a publicly owned and operated piped water system, a privately owned and operated individual or communal well, a lake, or other water body, or other means:

Unkown

21 .The length of time that the existing uses of the subject land have continued:

Unkown

20.The date the existing buildings and structures were constructed on the subject lands:

August 2017

19.The date the subject land was acquired by the current owner:

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

DocuSign Envelope lD: FFFAFEBA-OOFD—4426—8321-E6DCO2EAZC7B

Page 102 of 117

: i

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If known, please indicate whether the subject land has ever been the subject of an application under Section 43 of the Planning Act (Minor Variance).

The boundaries and dimensions of the subject land including the location of any existing and proposed buildings.

The location of a reference point……i.e. distance between the subject land and the nearest township lot line or landmark such as a bridge or railway crossing.

The location of all abutting (neighbours’) lands.

ii)

iii)

iv)

The approximate location of all natural and artificial features on the subject land and on the land that is adjacent to the subject land. Examples include buildings, railways, roads, watercourses, drainage ditches, river or stream banks, barns, wetlands, wooded areas, wells and septic tanks. Show distance of these features from the applicant’s property lines.

THE SKETCH MUST HAVE A NORTH ARROW AT THE TOP OF THE PAGE.

i)

A SKETCH must be submitted showing the following:

(Jackson).

If the answer to item 27 is yes, please give the file number of the application and the status of “‘9 app’icatlonPL—ZNA-2024—0055

MOS

If the answer to question 25 is yes, please give the file number of the application and the status of the application.

W0

Yes

25. Please indicate whether the subject land is subject of an application under the Planning Act for approval of a Plan of Subdivision or Consent.

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

DocuSign Envelope ID: FFFAFE8A—00FD-4426—8321~ESDCOZEAZC7B

Page 103 of 117

Page 104 of 117

the Minor Variance Form

Reason why you can’t comply: In other words, why can you not meet the required setbacks. It could be, for example, because you are seeking a variance to add on to an existing structure

—

Nature and Extent of Relief: This question is asking what you are asking to do that requires the variance for example, it could be that you are asking to be 25 m rather than 30 m from the high water mark, or that you are asking to increase the height of a structure within 30 m of the high water mark, or that you are seeking a variance to construct an accessory building closer to the front lot line than the principal building.

Current zoning: You may not be aware ofthe zoning on your property and this can be determined when you come in for pre-consultation with planning staff.

Frontage, depth, area, acres: All parts of this question must be completed.

—

Description of the Subject Land: 8. District: The Districts are the same as the former Townships. If you are not sure, check the roll number (the long number beginning with 1029) on your tax bill. If the numbers are 010, 020 or 030, your district is Bedford; if the numbers are 040-050, your district is Loughborough; if the numbers are 060 or 070, your district is Storrington; and if the numbers are 080, your district is Portland. b. Concession and Lot Numbers: if you are not sure, check your tax bill Street Number: Your civic address if a civic number has not been assigned, leave this space blank. d. Name of Road/Street: This question applies whether or not you are on a private lane or a public road. e. Reference Plan No: If your property has been surveyed, it will have a plan number, and one or more parts on that plan. If your property has not been surveyed, leave this space blank. f. Roll No: This is the number beginning with ‘1029’ which appears on your tax bill. Please take time to look it up before submitting the application.

2. You may wish to appoint someone to act on your behalf during the variance process. If so, that person’s name, address and phone number should appear here All owner’s must sign the authorization.

3. The names of all owners must appear in this section, even if they live in separate residences, and the address(es) should be the full mailing address, complete with postal code.

A Guide to Completing

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

DocuSign Envelope lD: FFFAFE8A-OOFD-4426-8321-E6DCO2EAZC7B

Page 105 of 117

19)Date land acquired: When did you take possession of the property?

—

18)Uses of Development: Please answer each part of this question. An increase in living space would include anything with walls e.g. a screened porch would involve an increase in living space.

17)Raising of Structure: In other words, are you proposing to raise the building in order to construct a basement under it.

16. Demolition: All demolition requires a permit from the building department. In some instances, a proposed addition or increase in height cannot be accomplished without the removal of existing walls. Ifthis is not made clear to the Committee at the beginning of the process, you may find that, although you are granted permission to add on to your residence, you can’t actually do it because you have not made it clear that there is demolition involved.

17. Description of new construction: ALL proposed new development must be described here. If you are proposing to construct an addition to a dwelling, and to add a deck, please show this information in separate columns.

—

14. Proposed structures: Ifyou are planning to build ANYTHING on the property, the answer to this question is “yes” This includes additions, decks, garages, septic systems.

15. Proposed Uses: Generally, the answer to this question will be the same as the answer to #10, but if, for example, the land is currently vacant, and you are planning to construct a dwelling, then the use to be described in section 10 would be “vacant recreational land”, and the use described in section 13 would be “residential”

16. Description of buildings and structures: You must complete all sections of this question for each structure on your property. If there is a deck on your dwelling, please describe it separately from the residence.

17. Buildings: If there are ANY buildings or structures on the property now, the answer to this question is “yes".

18. Existing Uses: e.g. residential, retail business, vacant recreational land

water.

9. Parking and Docking: This question is only relevant is you can only access your property by

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

DocuSign Envelope ID: FFFAFE8A-OOFD-4426-8321-E6DC02EAZC7B

Page 106 of 117

—

30. Agreement to Indemnify: Must be signed in front of a commissioner of oaths you may have this done before submitting the application, or sign the application in front of staff who can sign as commissioners. All owners must sign the application, or it can be signed by an agent if one has been appointed.

31. SKETCH: We cannot stress enough the importance ofa detailed, accurate, and complete sketch. You do not necessarily need to contract with a professional to draw the sketch, but sketches that are not drawn to scale, do not show dimensions and distances, or are not drawn neatly (PLEASE USE A RULER), will not be accepted.

32. If yes: If there has been a previous variance granted on the property, please indicate the application number if known, and what the details of the variance were.

33. Minor variance: Has there ever been a minor variance granted on the property? Ifyou are longtime owner of the property, you will probably be aware of any other special permission granted for a variance to the zoning by—Iaw.If you are a new owner, the seller will probably have made you aware of this.

34. If yes: If there is a current application for severance or subdivision on the property, please indicate the file number. (Staff can help provide this information)

35. Application for consent: Is there currently an application for consent (severance) being proposed for the property?

36. Drainage: Are there specific ditches that have been constructed to deal with drainage; is there natural drainage, etc.?

37. Septic: in most cases the answer will be private sewage system, but there may be some privies.

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

DocuSign Envelope ID: FFFAFE8A-00FD-4426-832l—EBDCOZEA2C7B

Page 107 of 117

Inset Map

LEACH LANE

�-= SOUTH FRONTENAC ��

1154 LEACH LANE

1177 LEACH LANE

PL-ZNA-2024-0109 (JACKSON) (GURR) 1157 LEACH LANE Legend c:::J subject Property � Provincially Significant Wetland

�r ‘;h’I Wetland

Wooded Area

–

Waterbody

• • I Township Boundary 1157 LEACH LANE

1155B LEACH LANE

Road

Produced by the County of Frontenac under . ’s license with the Ontario Ministry of �atural Resources © King Printer for Ontario, 2022.

Page 108 of 117

While the County makes every eff 110 ·nsure that the information presented is a_ccurate for_the inten��d u�es of this map, there is an inherent error 1n all mapping prod els and accuracy of the mapping � • ses This map displays basic cannot be guarantee ����;:���fi�eI!tires �nly.

Scale: 1 :650 1155A LEACH LANE

0

5

10

20 m

UTM Zone 18 NAO 83 Date: 2024-05-10

10’

2'

24' tin g

De c

Existing Garage

25' 9’-0"

Ex is

k

Ex ist in

' 28

g

De ck

36’-0 "

Proposed covered deck

Existing Shed

Proposed new sewage tank

' 20

75' 4'

Silt Fence

Existing House

15'

10 0'

' 44

75'

Existing tile bed

Eel Bay

Laneway

Existing well

lt Si e nc Fe

Existing Retaining wall

Page 109 of 117

Scope of work: Replace sewage tank, moving it away from house & installing proper size. Replace existing deck on same footprint. Construct new roof over new deck, footprint to remain the same as existing

1157 Leech Lane Proposed April 2024

Double 2x8 rafters at 3 locations 58’-0"

10’-0"

Roof Overframing: 2x8 Rafters 24" o.c ½” plywood sheeting Synthetic waterproofing membrane Asphalt shingle roofing

10’-0"

30’-0"

A

20’-0"

Existing House

A

Overframe roof: 2x8 Ridge 2x6 Rafters 2x6 Bearing plate on main roof

24’-0"

Roof System: Engineered Trusses (as per manufacturer) ½” plywood sheeting Synthetic waterproofing membrane Asphalt shingle roofing

Lumber to meet spruce-pine-fir (spf) Grade No.2 Specified Snow Load 2.5 kPa Rafter Framing in conformance with OBC 9.23.13 Nailing in Conformance with OBC Table 9.23.3.4

38’-0"

Page 110 of 117

Jackson Roof framing 1157 Leach Lane August 2024 Roof Plan Page 1 of 2

Ridge venting. Allow air flow from existing roof through new roof

2X10 Ridge Board. Attach to rafters with 3 @ 3 ¼” nails per rafter

5’-0"

3 rows 1x4 strapping

9

2x4 collar tie. Attach to rafter and centre brace with 5 @ 3.25" nails.

12

½” plywood sheathing 4

2x8 rafters, 24" o.c

12

12" x 24" x ½” plywood gusset. Stack rafter on existing truss. Attach gusset with 5 @ nails per member Existing Truss

30’-0"

Lumber to meet spruce-pine-fir (spf) Grade No.2 Specified Snow Load 2.5 kPa Rafter Framing in conformance with OBC 9.23.13 Nailing in Conformance with OBC Table 9.23.3.4

Page 111 of 117

Jackson Roof framing 1157 Leach Lane August 2024 Roof Section “A” Page 2 of 2

To:

Committee of Adjustment

From:

Development Services Department

Meeting Date:

October 10, 2024

Subject:

Permission Application (S. 45(2) of Planning Act) PL-ZNA-2024-0109, Jackson (Gurr), 1157 Leach Lane, Loughborough 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: RLSW Proposal The applicant seeks permission under Section 45(2) of the Planning Act to enlarge a legal non-conforming dwelling located within 30m of the highwater mark of Sydenham Lake. The existing single detached dwelling and attached deck is set back 8.5m from the lake. The application proposes to add a new roof to the dwelling and attached deck by overframing the existing roof. Overframing means that the new roof will be constructed on top of the existing roof (see the submitted roof plans). This would increase the height of the dwelling from 6.7m to 9.2m. The setback from the lake will not change through the application. The increase in height would also not increase the amount of living space in the dwelling. Related Applications The property was previously subject to minor variance application PL-ZNA-2024-0055 which covered an existing deck with a roof structure attached to the house. The previous application did not increase the height of the structure which is why the subject application is required to address the height increase as a result of the new roof. The owner entered into a development agreement with the Township as a condition of that application which is why no development agreement is recommended as a condition of approval for the subject application.

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 112 of 117

Township of South Frontenac Staff Report PL-ZNA-2024-0109, Jackson (Gurr), 1157 Leach Lane, Loughborough District

Property Description The subject property has a lot area of 0.31ha with approximately 42m of frontage on Sydenham Lake and is accessed from Leach Lane. The Eel Bay wetland extends along the water frontage of the property. The property contains an existing dwelling with an attached deck and a detached garage. The property slopes down towards the water and the lot is a mix of lawn areas and tree cover. The property is located in an area of similar waterfront residential development. Department and Agency Comments The application was not circulated to other departments or external agencies due to the nature of the application. Public Comments No comments were received from the public at the time this report was written. Planning Analysis The Township Official Plan Schedule designates the subject property as Rural. The property is zoned RLSW in Zoning By-law No. 2003-75. The dwelling is a permitted use. It is noted that while there is no EP designation on the Official Plan schedule that the Eel Bay Provincially significant wetland is located along the shoreline of the property. 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 and attached deck is a legal non-conforming building because it was constructed prior to the current Zoning By-law and is setback 8.5 metres 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. The criteria for considering an application under Section 45(2) are:

Whether the application is desirable for appropriate development of the subject property; and

Whether the application will result in undue adverse impacts on the surrounding properties and neighbourhood.

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 113 of 117

Township of South Frontenac Staff Report PL-ZNA-2024-0109, Jackson (Gurr), 1157 Leach Lane, Loughborough District

The existing dwelling is a one storey structure with a walkout basement at the water side. The application is proposing a new gable style roof for the dwelling that will be framed overtop the existing gable roof for aesthetic purposes. The new roof will not increase the floor area of the dwelling. The building height will slightly increase from 6.7 metres to 9.2 metres at the highest point as a result of the new roof which is within the maximum permitted height of the RLSW zone. The dwelling is built into a hill and there are a number of mature trees on the property that will assist in helping the structure blend into the surroundings. The proposed roof is not a significant change in terms of height increase and no visual impacts are anticipated. 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 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 application PL-ZNA-2024-0109 for 1157 Leach Lane, subject to the following conditions.

1. Permission is granted to enlarge the legal non-conforming dwelling on the subject property with a new roof that increases the height of the structure to 9.2m, consistent with the submitted plans that will be attached to the Decision as Schedule “A”.
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. Report Prepared By: Tom Fehr, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Manager of Planning www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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To:

Committee of Adjustment

From:

Development Services Department

Report Date:

October 10, 2024

Subject:

Decisions on Delegated Consents

Summary This report is an information report to the Committee of Adjustment summarizing the Consents that have been approved by Delegated Authority since the last Committee of Adjustment Meeting.

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

Discussion/Analysis

a) PL-BDJ-2024-0062 (Robertson) – Loughborough District This undisputed consent was granted provisional consent on September 09, 2024. The purpose of the application was for the creation of one new limited-service residential lots from property at 1306 Mason Lane. The severed parcel will be approximately 10 hectares in area with 200m of frontage on Mason Lane and 150m of frontage on North Otter Lake. The retained lands, being approximately 76 hectares in area, will be conveyed for conservation purposes. b) PL-BDJ-2024-0088 (Savery & McClurg) – Loughborough District This undisputed consent was granted provisional consent on September 24, 2024. The purpose of the application was to separate two properties properties addressed as 6754 Perth Road and 1119 Narrows Lane. The parcels were inadvertently merged under common ownership through the Land Title System. As a result of the title merger, a consent is required to permit their independent conveyance. The severed parcel (1119 Narrows Lane) would maintain its original configuration and size, with an approximate area of 0.41Ac, 33.5m of frontage on Narrows Lane, and 33.5m of frontage on Buck Lake. The retained parcel (6754 Perth Road) would also maintain its original configuration and size, with an approximate area of 37Ac, 695m of frontage on Perth Road, and 7.5m of frontage on Buck Lake. Both parcels are developed with existing dwellings.

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report – Decisions on Delegated Consents

Appendix A – Mapping of application(s) Report Prepared By: Kate Kaestner, Planning Clerk Report Approved By: Brad Wright, Director of Development Services

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report – Decisions on Delegated Consents

APPENDIX A

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 117 of 117

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