Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: April 11, 2019 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, April 11, 2019 Council Chambers.

Call to Order

Adoption of Agenda

Declaration of pecuniary interest

Approval of Minutes – March 14, 2019

Consent Applications from Previous Meetings:

a)

S-04-19-S Harmsen Part Lot 20, Concession 2, District of Storrington, Township of South Frontenac, municipally known as 4107 Moreland-Dixon Road. For consent to create one new vacant lot consisting of approximately 5.3 acres with 64.7 metres of frontage along the south side of MorelandDixon Road. (This application is connected to Minor Variance File Number MV-05-19-S)

New Consent Applications:

a)

S-05-19-S Page Part Lot 13, Concession 10, being Part 2 on Plan 13R11868, District of Storrington, Township of South Frontenac, municipally known as 5595 Battersea Road. For Consent to create one new vacant lot approximately 3 acres in size and having approximately 388 feet of frontage along Battersea Road and 328 feet of frontage along Ramparts Road.

New Minor Variance Applications:

a)

MV-05-19-S Harmsen Part Lot 20, Concession 2, 4107 Moreland-Dixon Road, District of Storrington, Township of South Frontenac. To reduce the minimum lot frontage from 76 metres (250 feet) to 64.7 metres (212.33 feet) as per Section 7.3.2 Rural Zone to permit the creation of one new vacant lot. (This application is connected to Consent File Number S04-19-S).

41 - 56

b)

MV-06-19-S Fleming Part Lot 21 Concession 2, being Part 9 on Plan 13M-11, municipally known as 3945 Middle Woodland Drive, Collins Lake, District of Storrington, Township of South Frontenac. To reduce the setback from 30 metres to 3.4 metres from the Environmental Protection Zone to permit the construction of a new 743.16 square foot deck at the southeast corner of the dwelling.

57 - 75

c)

MV-08-19-B Finlay & Catana Part Lots 33 and 34 Concession 5, Being Part 1 on Plan 13R-15166 and Parts 1-4 on Plan 13R17510, municipally known as 295B Alf Patterson Lane, Crowe Lake, District of Bedford, Township of South Frontenac. To increase the maximum allowable height for an accessory building from 19.7 feet (6 metres) to 27.7 feet (8.4 metres)

76 - 93

3 - 18

19 - 40

Page 1 of 126

to permit the construction of a new garage with a storage loft to the northeast of the existing cottage. d)

MV-09-19-L Binnington Lot 8, Concession 11, municipally known as 1136 Blakslee Lane, Gould Lake, District of Loughborough, Township of South Frontenac. To reduce the setback from the highwater mark from 98.4 feet (30 metres to 54 feet (16.5 metres) to permit the construction of a replacement cottage with two new decks within the 30 metre setback from the highwater mark of Gould Lake. The property currently has a cottage on the property with legal noncomplying status.

Other Business

Adjournment

94 126

Page 2 of 126

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

April 1, 2019

Application Nos: Owner: Location of Property:

S-04-19-S & MV-05-19-S Harmsen Construction Inc. (Brad Harmsen) Part Lot 20, Concession 2, District of Storrington, Township of South Frontenac, municipally known as 4107 Moreland-Dixon Road Purpose of Application: Consent to create one new lot and minor variance to permit deficient road frontage for the new lot Date of Hearing: April 11, 2019

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and pending comments received approve application S-04-19-S for the consent to create one new residential lot and approve application MV-05-19-S to permit reduced road frontage for the new lot on Part Lot 20, Concession 2, District of Storrington, municipally known as 4107 Moreland-Dixon Road, subject to conditions.

Proposal An application for consent has been received for the creation of one new lot from an existing residential property at Part Lot 20, Concession 2, District of Storrington, municipally located at the south side of 4107 Moreland-Dixon Road (see attached map). The existing lot has frontage on Moreland-Dixon Road and is developed with a single detached dwelling with detached garage and two outbuildings. The applicant is proposing to sever approximately 5.3 acres (2.14 ha) of vacant land with 212.33 feet (64.7 metres) of frontage. A minor variance is required for the severed lot as the required frontage is 76 metres (250 feet) road frontage. The retained lot will be approximately 5.2 acres (2.1 ha) with 271 feet (82.6 metres) of frontage. The retained lot contains the existing structures (single detached dwelling, detached garage and 2 outbuildings) and the severed lot is a vacant parcel. S-04-19-S Consent application S-04-19-S is for the creation of one new lot consisting of approximately 5.3 acres (2.14 ha) of land with approximately 212.33 feet (64.7 metres) of frontage along Moreland-Dixon Road municipally known as 4107 Moreland-Dixon Road. The lands to be severed consist of a vacant field situated to the east of existing residential dwellings on Holmes Road which slope towards the road. An existing drainage swale is setback from the road and is parallel to the road. An existing row of trees are located along the east side of the severed lot which provides a natural buffer from the existing residential dwelling on the retained lot. Since the time of the submission of the consent and minor variance applications, the applicant has constructed a temporary access into the property and a well has been drilled at the southeast corner of the site. The well record has been provided indicating the well has been drilled at a final depth of 71 feet (21.6 metres). Retained Lot The retained lands will consist of approximately 5.2 acres (2.1 ha) with 271 feet (82.6 metres) of frontage along Moreland-Dixon Road which contains a single detached dwelling which is presently being renovated by the owner. A well, detached garage and two outbuildings are also located on the retained parcel. No development is proposed for the retained lands. MV-05-19-S The new lot is subject to a minor variance for reduction in the minimum lot frontage from 76 metres (250 feet) to 64.7 metres (212.33 feet) as per Section 7.3.2 Rural Zone.

  1. Section 7.3.2 a.: The minimum required frontage shall be 76 metres (250 feet). Requested variance from this section: a. Proposed lot frontage: 64.7 metres (212.33 feet) (variance of 11.3 metres or 37.67 feet) Under Section 45(1) of the Planning Act there are four tests a minor variance must meet. A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests: Page 3 of 126

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT • Does the application conform to the general intent and purpose of the Official Plan? • Does the application conform to the general intent and purpose of the Zoning By-law? • Is the application desirable for the appropriate development of the lands in question? • Is the application minor?

Planning Analysis Consistent with Provincial Policy Statement, 2014: Current Official Plan Designation: Application conforms with Official Plan, 2003: Current Zoning: Complies with Zoning Bylaw 2003-75:

Yes Settlement Area Yes UR1 Yes

Provincial Policy Statement (2014) The 2014 Provincial Policy Statement (PPS) provides direction on matters of Provincial interest related to land use planning and development. The PPS promotes efficient land use and development patterns that support strong, liveable and healthy communities, protect the environment and public health and safety, and facilitate economic growth. When assessing consent applications in the settlement area, planning authorities must comply with Section 1.1.3 of the PPS; which indicates that appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form, while avoiding or mitigating risks to public health and safety. Section 1: Building Healthy Communities of the PPS promotes the building of strong, healthy communities and includes policies about avoiding development and land use patterns which may cause environmental or public health and safety concerns. The proposed lot area of 5.3 acres (2.14 ha) exceeds the minimum lot size of 8,000 m2 (2 acres) in the Urban Residential (UR1) Zone in the hamlet of Inverary. Section 2: Wise Use and Management of Resources of the PPS contains policies that encourage the protection of natural heritage, water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. The lot contains an existing single family dwelling within an area that contains existing residential dwellings in the hamlet of Inverary. County of Frontenac Official Plan, 2016 The County of Frontenac Official Plan is a framework for guiding development in the County through the management and protection of the natural environment and by providing direction and influence on growth patterns. It is focused on the six themes of economic sustainability, growth management, community building, housing and social services, heritage and culture, and environmental sustainability. Section 3.2.2 Settlement Area provides policies that note that efficient development patterns and road connections will be encouraged in Settlement Areas to optimize public services and to make the most efficient use of land and resources. Township of South Frontenac Official Plan, 2003 The subject property is designated as Settlement Area in the Township of South Frontenac Official Plan. Policies of the Settlement Area designation speak to new growth in the municipality being directed to existing settlement areas where it can be supported by appropriate servicing. The Settlement Area recognizes the areas of population concentrated in and around the hamlet of Inverary. The retained lot will continue to conform with the Official Plan. Township of South Frontenac Zoning Bylaw The subject property is zoned Urban Residential First Density Zone (UR1) in the Township of South Frontenac Zoning Bylaw. The intent of the UR1 zoning is to permit uses that are compatible with the surrounding properties. The severed and retained lands are zoned UR1 in the Township’s Zoning Bylaw. The consent application will create one new residential lot that is slightly deficient in frontage, but larger in area that the retained lands which exceeds the minimum required lot area of 8000 m2 (2 acres). The applicant has applied for a minor variance to recognize the deficient lot frontage of 64.7 metres (212.33 feet). The retained lands will exceed the minimum of requirements for road frontage and area. Page 4 of 126

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Agency Analysis and Comments Public Works Department – Public Works noted that currently the property drains towards private lands to the west. This drainage should be diverted to drain onto public lands directly from the proposed severed land to avoid any future drainage from entering adjacent private properties. Public Works permitted a temporary construction entrance to be built to allow for a drill rig to drill a well on the severed lands. The applicant agreed this is not an approved entrance by Public Works. An entrance permit application is required prior to obtaining a building permit to build on the severed lot. The applicant is required to provide a lot grading drainage plan to determine how drainage will be redirected from draining onto private lands to public lands as a condition of consent. KFL&A Public Health Comments dated March 6, 2019 note that the proposed lot is capable of providing flexibility in siting a sewage disposal system, although soil conditions found on the lot will require additional suitable granular soil to construct a sewage disposal system. Specific requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to site development. KFL&A Public Health had no objections to the proposed minor variance MV-05-19-S. Public Comments – One call was received from a neighbouring property owner who lives on Holmes Road who was concerned about the impact of drilling a new well on the severed parcel on existing wells in the area. The neighbour noted that during periods of drought over the past few years there have been wells go dry in the neighbourhood. The applicant has provided a well drillers report indicating that well has been drilled on the severed parcel that has produced a source of water that exceeds the Township standard for production (water pumping capacity of 3.5 gallons per minute over a 6 hr pump test) at a depth of 71 feet. The well at 4129 Moreland-Dixon Road was monitored during the test and was able to maintain the same water level at the start and end of the test. The Cataraqui Region Conservation Authority was not required to be circulated the application as the property does not have any watercourses or natural heritage or hazard features. A site visit was completed by planning staff on February 28, 2019 and March 29, 2019, to review the severance and minor variance applications.

Recommended Conditions Conclusion The consent application conforms with the PPS, County Official Plan, South Frontenac Official Plan and Zoning By-law subject to the recommended conditions: The proposed application to permit the reduction of the lot frontage of a new lot at Part Lot 20, Concession 2, District of Storrington, Township of South Frontenac, municipally known as 4107 Moreland-Dixon Road, meets the four tests for a minor variance: • The variance conforms to the general intent and purpose of the Official Plan as the proposed construction is consistent with the 2014 Provincial Policy Statement including Section 2.1 Natural Heritage which then meets the intent of the Official Plan. The minimum lot frontage will be reduced from 76 metres (250 feet) to 64.7 metres (212.33 feet) • The variance conforms to the general intent and purpose of the Zoning Bylaw as while the lot frontage will be slightly reduced, the lot area is significantly larger than the required lot area • The variance is desirable for the appropriate development of the lands in question as the • The variance is minor as the existing residential lots along Holmes Road are significantly smaller is size with smaller lot frontages in the hamlet area

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

Page 5 of 126

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Minor Variance Application (MV-05-19-S)

  1. Minor variance is to recognize reduced frontage of 64.7 metres (212.33 feet) for the reduction of the minimum lot frontage as submitted with Minor Variance application (MV-05-19-S).
  2. Minor variance shall take effect upon final approval of consent application S-04-19-S.
  3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
  4. Minor variance MV-05-19-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.

Recommended Conditions for the Consent Application S-04-19-S Expiry Period

  1. Conditions imposed must be met within one year of the date of notice of decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within one year, the application shall be deemed to be refused. Provided the conditions are fulfilled within one year, the application is valid for two years from the date of notice of decision. Severed Lands
  2. The land to be severed by Consent Application S-04-19- S shall be for the creation of one new lot addition with an area of approximately 5.3 acres (2.14 ha) and 212.33 feet (64.7 metres of frontage along Moreland-Dixon Road. Survey/Reference Plan or Registerable Description
  3. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)]. Road Widening
  4. The surveyor who prepares the reference plan referred to in Condition #5 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario Page 6 of 126

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Municipal Requirements 5. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds. 6. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Applications S-04-19-S, in lieu of parkland [Planning Act, s. 51(1)]. 7. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 8. Lot grading and drainage plan be prepared for the severed lot to the satisfaction of the Township. 9. The Owner shall submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through Consent Application S-04-19-S. 10. The applicant shall enter into a Development Agreement with the Township to registered on title with the severed parcel to address the development of the lot, including lot grading and drainage. Zoning 11. Where a violation of the Township of South Frontenac Comprehensive Zoning Bylaw is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Municipality. Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Attachments: Map of Harmsen property.

Page 7 of 126

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Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.

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Page 18 of 126

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PLANNING REPORT – CONSENT APPLICATION Report Date: Application Nos: Owner: Location of Property:

April 1, 2019 S-05-19-S Danny & Nancy Page Part Lot 13, Concession 10, being Part 2 on Plan 13R11868, District of Storrington, Township of South Frontenac, municipally known as 5595 Battersea Road Purpose of Application: Consent to create one new lot Date of Hearing: April 11, 2019

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and pending comments received approve application S-05-19-S for consent to create one new lot at Part Lot 13, Concession 10, being Part 2 on Plan 13R11868, District of Storrington, municipally known as 5595 Battersea Road.

Proposal An application for consent has been received for the creation of one new lot from an existing farm property at Part Lot 13, Concession 10, being Part 2 on Plan 13R-11868, District of Storrington, municipally known as 5595 Battersea Road. The subject property is located at the northeast quadrant of Ramparts Road and Battersea Road (see attached map) and has frontage on Ramparts Road and Battersea Road. The lands are developed with a single detached dwelling with barn and outbuildings. The owner maintains 4 to 5 horses on the property. The completed farm data submitted assisted in completing the MDS calculation which indicated that the minimum distance is required to be 81 metres (265 feet). The severed lot is located outside of the required MDS distance. The applicant is proposing to sever approximately 3 acres (1.21 ha) of land with 388.4 feet (118.4 metres) of frontage along Battersea Road and 328.2 feet (100.037 metres) along Ramparts Road. The retained farm property will contain approximately 60 acres (24.3 ha) with 285.48 feet (87 metres) of frontage along Battersea Road and two portions of frontage along Ramparts Road. S-05-19-S Consent application S-05-19-S is for the creation of one new lot consisting of approximately 3 acres (1.21 ha) of land with approximately 388.4 feet (118.4 metres) of frontage along Battersea Road and 328.2 feet (100.037 metres) along Ramparts Road and is municipally known as 5595 Battersea Road. The applicants have prepared a draft R-Plan for the proposed new lot. The lands to be severed consist of a vacant lot with shrub brush situated at the northeast corner of Ramparts and Battersea Road. There is an existing water course and wetland pockets at the north side of the proposed lot. Retained Lot The retained lands consist of approximately 60 acres (24.3 ha) with 285.48 feet (87 metres) of frontage along Battersea Road and two portions of frontage along Ramparts Road. The retained single detached dwelling, barn with horses and outbuildings. No development is proposed for the retained lands.

Planning Analysis Provincial Policy Statement (2014) The 2014 Provincial Policy Statement (PPS) provides direction on matters of Provincial interest related to land use planning and development. The PPS promotes efficient land use and development patterns that support strong, liveable and healthy communities, protect the environment and public health and safety, and facilitate economic growth. When assessing consent applications in the settlement area, planning authorities must comply with Section 1.1.3 of the PPS; which indicates that appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form, while avoiding or mitigating risks to public health and safety. Section 1: Building Healthy Communities of the PPS promotes the building of strong, healthy communities and includes policies about avoiding development and land use patterns which may cause environmental or public health and safety concerns. The proposed lot area of 3 acres (1.21 Page 19 of 126

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT ha) exceeds the minimum lot size of 8,000 m2 (2 acres) in the Urban Residential (UR1) Zone in the hamlet of Battersea. Section 2: Wise Use and Management of Resources of the PPS contains policies that encourage the protection of natural heritage, water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. The proposed lot is located at the northeast corner of the hamlet of Battersea. A proposed dwelling will be located outside the existing tributary and wetland to the north. County of Frontenac Official Plan, 2016 The County of Frontenac Official Plan is a framework for guiding development in the County through the management and protection of the natural environment and by providing direction and influence on growth patterns. It is focused on the six themes of economic sustainability, growth management, community building, housing and social services, heritage and culture, and environmental sustainability. Section 3.2.2 Settlement Area provides policies that note that efficient development patterns and road connections will be encouraged in Settlement Areas to optimize public services and to make the most efficient use of land and resources. The proposed lot is located at the edge of the hamlet of Battersea within the settlement area. Township of South Frontenac Official Plan, 2003 The subject property is designated as Settlement Area in the Township of South Frontenac Official Plan. Policies of the Settlement Area designation state new growth in the municipality will be directed to existing settlement areas where it can be supported by appropriate servicing. The retained lot will continue to conform with the Rural policies in the Official Plan. Township of South Frontenac Zoning Bylaw The subject property is zoned Rural (RU) and Urban Residential (UR1) in the Township of South Frontenac Zoning Bylaw. The intent of the RU zoning is to permit uses that are compatible with the surrounding properties. The intent of the Urban Residential (UR1) is to accommodate for development in the hamlet areas. The severed lot is located in the Urban Residential (UR1) and retained lands are zoned RU in the Township’s Zoning Bylaw. The consent application will create one new lot that exceeds the minimum lot area and lot frontage requirements in the UR1 Zone. The retained lands exceeds the minimum required lot area of 2 acres (0.8 ha) and exceeds the minimum of requirements for road frontage and area in the RU Zone. Section 5.8.2 of the Zoning By-law specifies that no building, structure or septic tank installation shall be located within a minimum of 30 metres horizontal of the highwater mark of a waterbody or watercourse which is consistent with the policy of the CRCA. This section also indicates that 15 metres horizontal of the top of bank of any embankment, the slope of which is greater than 30% from horizontal. Staff at the CRCA note that the severed and retained lots are located outside the required watercourse setback and erosion hazard and have no concerns with the proposal from a flooding and erosion perspective.

Agency Analysis and Comments Public Works Department – Public Works noted that there are adequate sight lines for an entrance on to Battersea Road and there are no special drainage/ditching concerns related to the creation of the new lot. The overall road condition is adequate to serve increased development and traffic. An approved entrance through the permit process will be required in place of the existing field entrance on Battersea Road. Cataraqui Region Conservation Authority – The main interests of the CRCA with respect to this application are the avoidance of natural hazards (e.g. flooding and erosion) associated with the unnamed watercourse, and the protection of the unevaluated wetland natural heritage features. The comments speak to Natural Hazards, which include flooding and erosion and natural heritage and water quality. Staff have no objection to the approval of application S-05-19-S based on their consideration for natural hazards, natural heritage, and water quality and quantity protection policies. The applicant will be required to contact the CRCA at the building permit stage to apply for a permit Page 20 of 126

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT under Ontario Regulation 148/06 as a portion of the severed lot is subject to the regulation as a portion of the severed lot is within 30 metres to a watercourse and unevaluated wetland. KFL&A Public Health Comments from KFL&A dated April 4, 2019, noted that the area highlighted on the attached map with comments, is to be reserved for the sewage system just north of where the bedrock begins to drop off. Brush can be cut to stumps but not removed. Clay soil must be imported to increase the vertical separation between a sewage system and bedrock. Existing soil conditions found on the lot will require additional suitable granular soil to construct a sewage disposal system; specific requirements will be indicated on an Application to Construct a Sewage System prior to site development. Public Comments – As of the time of writing, no written comments have been received from the public. A site visit was completed by planning staff on March 29, 2019.

Recommended Conditions Expiry Period

  1. Conditions imposed must be met within one year of the date of notice of decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within one year, the application shall be deemed to be refused. Provided the conditions are fulfilled within one year, the application is valid for two years from the date of notice of decision. Severed Lands
  2. The land to be severed by Consent Application S-05-19- S shall be for the creation of one new lot with an area of approximately 3 acres (1.21 ha) of land with 388.4 feet (118.4 metres) of frontage along Battersea Road and 328.2 feet (100.037 metres) along Ramparts Road. Survey/Reference Plan or Registerable Description
  3. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)]. Municipal Requirements
  4. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
  5. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Applications S-05-19-S, in lieu of parkland [Planning Act, s. 51(1)].
  6. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  7. The Owner shall submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through Consent Application S-05-19-S.
  8. That a development agreement be entered into with the Township to address the development of the severed lot including access and servicing consistent with comments provided by Public Health dated April 4, 2019.

Page 21 of 126

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Road Widening 9. The surveyor who prepares the reference plan referred to in Condition #5 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Zoning

  1. Where a violation of the Township of South Frontenac Comprehensive Zoning Bylaw is

evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Municipality.

Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Attachments: Map of Page property.

Page 22 of 126

:_l_I

Public Health

KFL&A

2

Plan of Subdivision:

The proposed retained lot is quite large, and appears to be mostly agricultural land. There are several structures in the southeastern corner of the lot, including a barn, garage, and house. The house is serviced by an existing well and sewage system. The proposed retained lot is bordered by neighbouring lots to the west, north and east, Battersea Road to the south, Ramparts Road to the west, and the proposed severed lot to the southwest.

Retained:

0.0 m 0.3 m 0.6 m 0.9 m 1.2 m 1.5 m

Depth of Soil

Percolation rate (estimated):

Retained

April 04, 2019

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

PLEASEFORWARD A COPYOF THE NOTICEOF DECISIONTO KFL&APUBLICHEALTH.

Date:

The area highlighted on the attached map is to be reserved for the sewage system, just north of where the bedrock begins to drop off. Brush can be cut to stumps but not removed. Clay soil must be imported to increase the vertical separation between a sewage system and bedrock. Existing soil conditions found on the lot will require additional suitable granular soil to construct a sewage disposal system; specific requirements will be indicated on an Application to Construct a Sewage System prior to site development.

Approved:

Conditions:

Conditions:

Inspector: Matthew Doyle CPH|(C),Public Health Inspector

Site Specific

Site Flexible

Unsatisfactory

Satisfactory

RETAINED

5’” 5F’°°‘f’°

site Flexible

Unsatisfactory

5’“‘5f““t°‘V

SEVERED

Suitability for on-site sewage disposal:

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

Percolation rate (estimated): >50 min/cm

Topsoil Bedrock test holes 3 & 4 Bedrock test holes 1 & 2 Soil in all test holes was clay with some sand/siltelements

Severed

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

The proposed severed lot is mostly covered with scrub brush, sloping northward to low-lying areas from a flat area of partially exposed bedrock fronting on Battersea Road. The proposed severed lot is bordered by the proposed retained lot to the north and east, Battersea Road to the south, and Ramparts Road to the west.

Sublot:

Severed:

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

13R11868

Part(s):

Registered Plan:

Lot:

Concession: 10

Storrington

Part 13

Ward / Former Township:

Municipality:

SK-12-2019

Receipt Number:

To SEVER INSPECTIONREPORT

Township of South Frontenac

Page, Danny & Nancy

Owner(s):

File Number: S-05—19—S

Environmental Health Department

http://www.kflapub|ichealth.ca

Page 23 of 126

Page 24 of 126

Page 25 of 126

Page 26 of 126

Page 27 of 126

Report from Roads to Committee of Adjustment S-05-19-S Application Number: ___________________________________________________ Danny & Nancy Page Applicant’s Name: _____________________________________________________ 10 13 (part) Storrington_____ Concession: _________________ Lot: _______________District:


Battersea Road/Ramparts Road Road: ________________________________________________________________ Road Maintenance:

✔ Year-round □

Seasonal □

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

✔ Yes □

No □

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

Road Conditions:

  1. Are there any special drainage/ditching concerns related to creation of new lot(s)? ✔ Yes □ No □ If yes, what action is the applicant required to take?

  2. Is the overall road condition adequate to serve increased development/traffic? ✔ Yes □ No □ If no, please explain, and indicate if there are any measures that could be taken to correct the inadequacies.

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



Signature on behalf of Public Services

March 28, 2019


Date

Page 28 of 126

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR CONSENT

Planning Act, R.S.0. 1990, c. P.13 as amended

FileNo: 6-Ci’E>-jQ-S

DateReceived: k? (5, htq 7

NameofOwner(s): .j )?i’-hi?yi A-M’o.! [R;’:,it’r FullMailingAddressof0w

Phone number of Owner

Email Address of Owner 2. If the applicant is NOT the owner of the subject Iand, the written authorization of the owner that the applicant is authorized to make the application, must accompany the application. Name of Authorized Agent: Full Mailing Address of Authorized Agent: %

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

Signature(s) of Owner(s) 3. The description of the subject Iand: District:

g Bedford

Concession Number: /Q

€ Loughborough

€ Portland

?torrington

Lot Number: /, -,,

StreetNumber: s<:c)< NameofRoad/Street: eyrra.ci*-s Xn, Reference Plan Number:

Part Number(s):

Roll Numbera. b(– (-.? ‘- CV;’-<? ? /-<,o-3 (o(j ‘- l%-(:y(><:; 3

Page 29 of 126

TOWNSHIP OF SOUTH FRONTENAC APPL?CATION FOR CONSENT Planning Act, R.S.0. 1990, c. P.13 as amended ‘S

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

‘;0: 7 ,,]’

Depth; ? ,’ - '

,

Frontage (on water): ,6 // r;’

Frontage (on road/Iane):

7u7

77/-,>]

/ Area: ? (Q < ?

s. The type and the purpose of the proposed transaction, such as a transfer for the creation of a new lot, a Iot addition, an easement/right-of-way, a charge, a Iease or a correction of title.

t’t,:iJ ),c-7 6. The following information regarding the land intended to be severed and the land to be retained:

NOTE: If your application is for a new Iot, answer question 6(a); if the application is for a lot addition or right-of-way only, answer question 6(b).

a. The frontage, depth and the area. (Complete this section for a new lot only) Proposed New Lot:

Retained Lot:

Frontage

/AF,ig<

On Road

;,,?

Frontage

Frontage

On aWater r’c si:i De’j:ith

Frontage On Road

On Water

{0(:), 0 ‘?

Depth

r

(3

Area

Area

J ,S’..s’a, A/J’

/V’rp#? /’,.5= 7, 33

Je

Please Iist/describe the existing and proposed USES of the Iand to be severed and to be retained: Existing Uses New Lot:

f?5rcxotyi4z J) a’a/x?iss

Proposed Uses

asrp /2!? ,rv r 7. pi:,. ,lti r

Retained: 17?rrh?r:> Structures Existing (

New Lot:

/1-)O Aaxi-E:a’

Structures Proposed

llt’:‘u.sL

4

Page 30 of 126

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR CONSENT

Planning Act, R.S.0. 1990, c. P.13 as amended Structures Proposed

Structures Existing .

//

/)

x’l

S’Q!!’?-

Retalrle(Jl-ot: bY’ll-sA’i ‘?fEA(47 A?d p

7

(b) The frontage, depth and the area. (Complete for a lot addition or right-of-way (R.0.W.) only) Proposed Lot Addition (or right-of-way)

Retained Lot: (This is the property.from which

the lot addition is being seyered or over which the R. 0. W. will run) Frontage

Frontage

On Road:

On Road:

Frontage

Frontage

On Water:

On Waa

Depth:

DepQ:

Area:

’ea:

Please list/describe the existing and proposed Up?S of the Iand to be severed and to be retained: Present Use of PrHerty

Proposed Use of Property

Lot Addition or R.O.W:

7

Retained:

Structures Existing Lot Addition (or R.O.W.):

Structures Proposed

a /

Retained Lot:

  1. Please list the name of the person(s) to whom the Iand or an interest in the land is to be transferred, charged or Ieased (if known):

rv’lR /

s

Page 31 of 126

TOWNSHIP OF SOUTH FRONTENAC APPL?CATION FOR CONSENT

Planning Act, R.S.0. 1990, c. P.13 as amended 8.

Indicate whether there are any easements or restrictive covenants affecting the subject Iand and a description of each easement or covenant and its effect (if knowr):

21/A ‘7

  1. Name of road or Iane which accesses:

The new lot (Iot addition or R.O.W.): ,([?p77 i;L5)70 A, Theretainedlot: Spi’-fJL NOTE: Some roads (particularly former “County” Roads) have specific requirements for spacing between entrances. Also, any proposed new entrance must have safe sight-lines. These requirements may affect the success of your application. If you wish to check the status of your road or sight Iine conditions, please contact the Roads Department at 376-3027. 9. If access to the new lot is by water only, describe the parking and docking facilities to be used and the approximate distance of these facilities from the subject land and the nearest public road. New Lot:

M/A’ 7

Retained Lot:

  1. Note the method by which water will be provided, i.e., by a publicly owned and operated piped water system, privately owned and operated individual or communal well, a lake or other water body or other means.

NewLot: D’,-‘pi-ty’it3 Q’?;t.-t– RetainedLot: O{2f,?ir-(, t:v??t??11 . Note the method by which sewage disposal will be provided, e.g. private septic, privy or other means:

NewLot: 5>(;plrc,= d:3):.?,14

Retained Lot: .Sctorcei ,,;<’?

  1. The current zoning of the subject Iand in the applicable Zoning By-law.

? n oa llel - ?ll 13. If known, has the subject land ever been the subject of a previous consent (severance) application OR an application for a plan of subdivision under section 51 of the Planning Act? If so, please indicate:

(a) The file #:

pir ,sxit-i;=-. /99.??-< (b) The decision on the application:

6

Page 32 of 126

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR CONSENT

Planning Act, R.S.0. 1990, c. P.13 as amended

(c) The current ?yse of the lot created (if applicable):

f?‘E- Tl;t e /;

  1. If known, has the subject Iand ever been the subject of any other application under the Planning Act, such as an application for an amendment to an official plan, a zoning by-law, a minister’s zoning order, a minor variance? If so, please indicate: (b) The file #:

gi6

(b) The decision on the application:

7

(c) The current use of the land:

  1. Are there any abandoned wells on the property you aware of?

€ Yes

m:Jo

A SKETCH must be submitted showing the following: a) The boundaries and dimensions of the subject Iand, the part that is to be severed and the part that is to be retained.

b) The location of all Iand previously severed from the parcel (if applicable) originally acquired by the current owner of the subject Iand. c) The approximate location of all natural and artificial features on the subject Iand and on the abutting Iands. 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 Iines. d) The current uses of Iand that is abutting the subject Iand, such as residential, agricultural and commercial uses (if agricultural, please indicate the approximate distance of any barn structure from the proposed new Iot). Note: The existence of a nearby barn or other farm type structure may affect the success of your application because of incompatibility issues. Please check with the Planning Department regarding the implications of any farm structure, on your application. e) The location, width and name of any roads within or abutting the subject land, indicating whether it is an unopened road allowance, a public travelled road, a private road or a right of way.

f) If access to the subject land is by water only, the Iocation of the parking and boat docking facilities to be used.

g) The Iocation and nature of any easement affecting the subject land. h) The location of any abandoned wells on the property. i) Please prepare your sketch so that North is at the top of the page. 7

Page 33 of 126

TOWNSHIP OF SOUTH FRONTENAC APPL?CATION FOR CONSENT Planning Act, R.S.0. 1990, c. P.13 as amended AGREEMENT TO INDEMNIFY

Attached to this application is a cheque payable to the Township of South Frontenac in the amount of $817.00 representing payment of the application fee.

The Owner/Applicant/Agent agrees that the information recorded in this Consent Application Form is accurate. The Owner/ApplicanUAgent agrees that representatives of the Township, Public Health and, where applicable,

the appropriate Conservation Authority, may enter onto the subject property for the purpose of determ!ning the appropriateness of the site for the proposed development.

The Owner/Applicant agrees to reimburse and indemnify the municipality for all fees and expenses incurred by the municipality to process the application, including any fees and expenses attributable to proceedings before the Ontario Municipal Board or any court or other administrative tribunal if necessary to defend the Committee’s decision to support the application.

Without limiting the foregoing, such fees and expenses shall include the fees and expenses of consultants, planners, engineers, Iawyers and such other professional and technical advisors as the municipality may, in its absolute discretion acting reasonably, consider necessary or advisable to more properly process and support the application.

The Owner/Applicant further agrees to provide the municipality, upon request and in cases where an application has been appealed to the Ontario Municipal Board, with a deposit (over and above the normal

application fee), from which the municipality may, from time to time charge any fees and expenses incurred by the municipality in order to process the application. If such appeal expenses exceed the deposit, the Owner/Applicant shall pay the difference forthwith upon being billed biy the municipality, with interest at the rate ofl .25% per month (1 5% per annum) On accoums overdue more than 30 days,. The Owner/Applicant further agrees that, until such requests have been complied with, the municipality will

have no continuing obligation to process the application or attiMd or be represented at the Ontario Mun!cipal Board or any court or other administrative proceeding in connection with the application:

Page 34 of 126

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR CONSENT

Planning Act, R.S.0. 1990, c. P.13 as amended A GUIDE TO COMPLETING YOUR APPLICAT?ON FORM

1 . The names of all owners must appear in this section, even if they Iive in separate residences, and the address(es) should be the full mailing address, complete with postal code. 2. If there is someone acting on behalf of the listed owner(s) (e.g. a solicitor, a consultant, or a family member) then that person would be the agent, and the owner(s) must sign part (e) to indicate that the agent has the authorization to act on behalf of the owner(s).

  1. Description of the Subject Land: a. District: The Districts are the same as the former Townships. If you are not sure, check the roll number (the Iong 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 C. Street Number: Your civic address - if a civic number has not been assigned, Ieave 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, Ieave this space blank.

f. Roll No: This is the number beginning with ‘1 029’ which appears on your tax bill. Please take time to Iook it up before submitting the application. 3.

Please indicate the purpose of this consent application from among the choices provided.

  1. Please complete all sections that pertain to your application. If your application is for a new lot please complete section (a). If your application is for a Iot addition or a right-of-way, please complete section (b).

s. If you know the person who will be purchasing the new Iot or Iot addition, please indicate. Otherwise, indicate “self’.

  1. This question is asking about such things as a 20 ff. wide Bell or Ontario Hydro easement, a registered right-of-way to access another property, or something like someone having a lifeIong interest in the property.

  2. Please indicate what road or Iane will be used to access the new Iot and the retained parcel.

  3. If the new Iot can be accessed by water only, we will need to know where you access it from, and what arrangements exist for permanent mainland parking, as access to mainland parking is a requirement of creating a new water access only Iot.

In most cases, your answer will be private well, or lake, depending on where the lot is Iocated. 9

Page 35 of 126

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR CONSENT

Planning Act, R.S.0. 1990, c. P.13 as amended

lO.The majority of cases will be private septic, but there may also be some privies or other situations.

11 . If you do not know how your property is zoned, leave this question blank until you have talked to the planning staff. 12. Please indicate if you have ever applied for a severance application or a plan of subdivision or a plan of condominium for the subject Iand since September s, 2000.

l3.Please indicate if you have applied for a zoning by-Iaw amendment, an official plan amendment, or a minor variance, and if so, indicate the file # (or date) and the purpose of the application. 14.This question is asked because no new lot will be created unless the Committee is satisfied that any abandoned wells on the property have been properly sealed in accordance with Ministry of Environment guidelines. 15. The Sketch is probably the most important part of your application. You do not need to pay a professional to prepare it for you, but it must be drawn to scale; it must contain all of the information outlined; and it must be drawn with north direction at the top of the sketch.

1 6.The Agreement to Indemnify is your agreement that your application will be processed at your expense, and that any additional expenses will be your responsibility. If there is more than one owner, both owners must sign the application, unless one person has been appointed as agent for purposes of processing the application. The signature(s) can be witnessed at the Township Office, or you can have a commissioner.

10

Page 36 of 126

Page 37 of 126

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Page 38 of 126

PLAN of SURVEY of

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PART OF LOT 18, CONCESSION 10 N (;eogra.pMc Township of Ptttsbsi.rgh

(Forrnarly Maumicipal Tmunship of Storrington)

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Page 39 of 126

µ PAGE S-05-19-S 5595 BATTERSEA RD

Legend Parcel Fabric selection Proposed Severance Parcel Fabric

Retained Parcel

AD

RAMPARTS ROAD

BA TT ER SE A

RO

Proposed Lot

Page 40 of 126

B MIL

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O AD BEE R ORMS

RO

ATHY ABERN A O R D BURY

AD

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BATTER

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Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.

Scale 1:5,500

0 1530

60

90 120

Meters UTM Projection NAD 83

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

April 1, 2019

Application Nos: Owner: Location of Property:

S-04-19-S & MV-05-19-S Harmsen Construction Inc. (Brad Harmsen) Part Lot 20, Concession 2, District of Storrington, Township of South Frontenac, municipally known as 4107 Moreland-Dixon Road Purpose of Application: Consent to create one new lot and minor variance to permit deficient road frontage for the new lot Date of Hearing: April 11, 2019

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and pending comments received approve application S-04-19-S for the consent to create one new residential lot and approve application MV-05-19-S to permit reduced road frontage for the new lot on Part Lot 20, Concession 2, District of Storrington, municipally known as 4107 Moreland-Dixon Road, subject to conditions.

Proposal An application for consent has been received for the creation of one new lot from an existing residential property at Part Lot 20, Concession 2, District of Storrington, municipally located at the south side of 4107 Moreland-Dixon Road (see attached map). The existing lot has frontage on Moreland-Dixon Road and is developed with a single detached dwelling with detached garage and two outbuildings. The applicant is proposing to sever approximately 5.3 acres (2.14 ha) of vacant land with 212.33 feet (64.7 metres) of frontage. A minor variance is required for the severed lot as the required frontage is 76 metres (250 feet) road frontage. The retained lot will be approximately 5.2 acres (2.1 ha) with 271 feet (82.6 metres) of frontage. The retained lot contains the existing structures (single detached dwelling, detached garage and 2 outbuildings) and the severed lot is a vacant parcel. S-04-19-S Consent application S-04-19-S is for the creation of one new lot consisting of approximately 5.3 acres (2.14 ha) of land with approximately 212.33 feet (64.7 metres) of frontage along Moreland-Dixon Road municipally known as 4107 Moreland-Dixon Road. The lands to be severed consist of a vacant field situated to the east of existing residential dwellings on Holmes Road which slope towards the road. An existing drainage swale is setback from the road and is parallel to the road. An existing row of trees are located along the east side of the severed lot which provides a natural buffer from the existing residential dwelling on the retained lot. Since the time of the submission of the consent and minor variance applications, the applicant has constructed a temporary access into the property and a well has been drilled at the southeast corner of the site. The well record has been provided indicating the well has been drilled at a final depth of 71 feet (21.6 metres). Retained Lot The retained lands will consist of approximately 5.2 acres (2.1 ha) with 271 feet (82.6 metres) of frontage along Moreland-Dixon Road which contains a single detached dwelling which is presently being renovated by the owner. A well, detached garage and two outbuildings are also located on the retained parcel. No development is proposed for the retained lands. MV-05-19-S The new lot is subject to a minor variance for reduction in the minimum lot frontage from 76 metres (250 feet) to 64.7 metres (212.33 feet) as per Section 7.3.2 Rural Zone.

  1. Section 7.3.2 a.: The minimum required frontage shall be 76 metres (250 feet). Requested variance from this section: a. Proposed lot frontage: 64.7 metres (212.33 feet) (variance of 11.3 metres or 37.67 feet) Under Section 45(1) of the Planning Act there are four tests a minor variance must meet. A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests: Page 41 of 126

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT • Does the application conform to the general intent and purpose of the Official Plan? • Does the application conform to the general intent and purpose of the Zoning By-law? • Is the application desirable for the appropriate development of the lands in question? • Is the application minor?

Planning Analysis Consistent with Provincial Policy Statement, 2014: Current Official Plan Designation: Application conforms with Official Plan, 2003: Current Zoning: Complies with Zoning Bylaw 2003-75:

Yes Settlement Area Yes UR1 Yes

Provincial Policy Statement (2014) The 2014 Provincial Policy Statement (PPS) provides direction on matters of Provincial interest related to land use planning and development. The PPS promotes efficient land use and development patterns that support strong, liveable and healthy communities, protect the environment and public health and safety, and facilitate economic growth. When assessing consent applications in the settlement area, planning authorities must comply with Section 1.1.3 of the PPS; which indicates that appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form, while avoiding or mitigating risks to public health and safety. Section 1: Building Healthy Communities of the PPS promotes the building of strong, healthy communities and includes policies about avoiding development and land use patterns which may cause environmental or public health and safety concerns. The proposed lot area of 5.3 acres (2.14 ha) exceeds the minimum lot size of 8,000 m2 (2 acres) in the Urban Residential (UR1) Zone in the hamlet of Inverary. Section 2: Wise Use and Management of Resources of the PPS contains policies that encourage the protection of natural heritage, water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. The lot contains an existing single family dwelling within an area that contains existing residential dwellings in the hamlet of Inverary. County of Frontenac Official Plan, 2016 The County of Frontenac Official Plan is a framework for guiding development in the County through the management and protection of the natural environment and by providing direction and influence on growth patterns. It is focused on the six themes of economic sustainability, growth management, community building, housing and social services, heritage and culture, and environmental sustainability. Section 3.2.2 Settlement Area provides policies that note that efficient development patterns and road connections will be encouraged in Settlement Areas to optimize public services and to make the most efficient use of land and resources. Township of South Frontenac Official Plan, 2003 The subject property is designated as Settlement Area in the Township of South Frontenac Official Plan. Policies of the Settlement Area designation speak to new growth in the municipality being directed to existing settlement areas where it can be supported by appropriate servicing. The Settlement Area recognizes the areas of population concentrated in and around the hamlet of Inverary. The retained lot will continue to conform with the Official Plan. Township of South Frontenac Zoning Bylaw The subject property is zoned Urban Residential First Density Zone (UR1) in the Township of South Frontenac Zoning Bylaw. The intent of the UR1 zoning is to permit uses that are compatible with the surrounding properties. The severed and retained lands are zoned UR1 in the Township’s Zoning Bylaw. The consent application will create one new residential lot that is slightly deficient in frontage, but larger in area that the retained lands which exceeds the minimum required lot area of 8000 m2 (2 acres). The applicant has applied for a minor variance to recognize the deficient lot frontage of 64.7 metres (212.33 feet). The retained lands will exceed the minimum of requirements for road frontage and area. Page 42 of 126

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Agency Analysis and Comments Public Works Department – Public Works noted that currently the property drains towards private lands to the west. This drainage should be diverted to drain onto public lands directly from the proposed severed land to avoid any future drainage from entering adjacent private properties. Public Works permitted a temporary construction entrance to be built to allow for a drill rig to drill a well on the severed lands. The applicant agreed this is not an approved entrance by Public Works. An entrance permit application is required prior to obtaining a building permit to build on the severed lot. The applicant is required to provide a lot grading drainage plan to determine how drainage will be redirected from draining onto private lands to public lands as a condition of consent. KFL&A Public Health Comments dated March 6, 2019 note that the proposed lot is capable of providing flexibility in siting a sewage disposal system, although soil conditions found on the lot will require additional suitable granular soil to construct a sewage disposal system. Specific requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to site development. KFL&A Public Health had no objections to the proposed minor variance MV-05-19-S. Public Comments – One call was received from a neighbouring property owner who lives on Holmes Road who was concerned about the impact of drilling a new well on the severed parcel on existing wells in the area. The neighbour noted that during periods of drought over the past few years there have been wells go dry in the neighbourhood. The applicant has provided a well drillers report indicating that well has been drilled on the severed parcel that has produced a source of water that exceeds the Township standard for production (water pumping capacity of 3.5 gallons per minute over a 6 hr pump test) at a depth of 71 feet. The well at 4129 Moreland-Dixon Road was monitored during the test and was able to maintain the same water level at the start and end of the test. The Cataraqui Region Conservation Authority was not required to be circulated the application as the property does not have any watercourses or natural heritage or hazard features. A site visit was completed by planning staff on February 28, 2019 and March 29, 2019, to review the severance and minor variance applications.

Recommended Conditions Conclusion The consent application conforms with the PPS, County Official Plan, South Frontenac Official Plan and Zoning By-law subject to the recommended conditions: The proposed application to permit the reduction of the lot frontage of a new lot at Part Lot 20, Concession 2, District of Storrington, Township of South Frontenac, municipally known as 4107 Moreland-Dixon Road, meets the four tests for a minor variance: • The variance conforms to the general intent and purpose of the Official Plan as the proposed construction is consistent with the 2014 Provincial Policy Statement including Section 2.1 Natural Heritage which then meets the intent of the Official Plan. The minimum lot frontage will be reduced from 76 metres (250 feet) to 64.7 metres (212.33 feet) • The variance conforms to the general intent and purpose of the Zoning Bylaw as while the lot frontage will be slightly reduced, the lot area is significantly larger than the required lot area • The variance is desirable for the appropriate development of the lands in question as the • The variance is minor as the existing residential lots along Holmes Road are significantly smaller is size with smaller lot frontages in the hamlet area

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

Page 43 of 126

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Minor Variance Application (MV-05-19-S)

  1. Minor variance is to recognize reduced frontage of 64.7 metres (212.33 feet) for the reduction of the minimum lot frontage as submitted with Minor Variance application (MV-05-19-S).
  2. Minor variance shall take effect upon final approval of consent application S-04-19-S.
  3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
  4. Minor variance MV-05-19-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.

Recommended Conditions for the Consent Application S-04-19-S Expiry Period

  1. Conditions imposed must be met within one year of the date of notice of decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within one year, the application shall be deemed to be refused. Provided the conditions are fulfilled within one year, the application is valid for two years from the date of notice of decision. Severed Lands
  2. The land to be severed by Consent Application S-04-19- S shall be for the creation of one new lot addition with an area of approximately 5.3 acres (2.14 ha) and 212.33 feet (64.7 metres of frontage along Moreland-Dixon Road. Survey/Reference Plan or Registerable Description
  3. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)]. Road Widening
  4. The surveyor who prepares the reference plan referred to in Condition #5 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario Page 44 of 126

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Municipal Requirements 5. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds. 6. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Applications S-04-19-S, in lieu of parkland [Planning Act, s. 51(1)]. 7. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 8. Lot grading and drainage plan be prepared for the severed lot to the satisfaction of the Township. 9. The Owner shall submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through Consent Application S-04-19-S. 10. The applicant shall enter into a Development Agreement with the Township to registered on title with the severed parcel to address the development of the lot, including lot grading and drainage. Zoning 11. Where a violation of the Township of South Frontenac Comprehensive Zoning Bylaw is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Municipality. Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Attachments: Map of Harmsen property.

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MV-05-19-S S-04-19-S

4107 MORELAND-DIXON RD

4091 MORELAND DIXON RD

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.

Page 56 of 126

Scale 1:2,000

0 5 10 20 30 40 Meters UTM Projection NAD 83

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

April 1, 2019

Application No: Owner: Location of Property:

MV-06-19-S James Fleming (Agent: Jules Feyen – Atkinson Home Hardware) Part Lot 21, Concession 2, being Part 9 on Plan 13M-11, District of Storrington, Township of South Frontenac, municipally known as 3945 Middle Woodland Drive, Collins Lake Purpose of Application: To vary Section 32.3 j. of the Township of South Frontenac Zoning Bylaw to decrease the setback for a new 743.16 ft2 deck from 30 metres (98.4ft) to 3.4 metres (11.15 feet) for uses in the Environmental Protection lands in the EP-4 Zone for an existing developed property on Collins Lake. Date of Hearing: April 11, 2019

Recommendation It is recommended that the Committee of Adjustment receive comments from members of the public and that the Committee of Adjustment approve minor variance application MV-06-19-S, subject to conditions.

Proposal An application for minor variance has been submitted to replace and enlarge a deck and construct stairs at the southwest corner of an existing residential dwelling. The new deck is proposed to have an area of 743.16 ft2 (69 metres2) and will have a staircase at the south side providing access to the waterfront. An Environmental Impact Assessment, prepared by McIntosh Perry Consulting Engineers Ltd., was submitted in support of the application in order to evaluate potential negative impacts due to the location of the deck to the EP-4 Zone and its proximity (within 120 metres/393 feet) to the Collins Creek Provincially Significant Wetland (PSW). The property is located at Part Lot 21, Concession 2, being Part 9 on Plan 13M-11, District of Storrington, Township of South Frontenac, municipally known 3945 Middle Woodland Drive, Collins Lake (see attached map). The property is located on the south side of Middle Woodland Drive and is accessed by Autumn Ridge Drive, a maintained road which is accessed from Moreland-Dixon Road to the north. The property is approximately 1.93 acres (0.78 ha) with approximately of 431.5 feet (131.52 metres) of water frontage and 118 feet (35.97 metres) of frontage on Middle Woodland Drive. The applicant has submitted building plans detailing the undertaking of the proposed work to the new L shaped deck to be approximately 743.16 ft2 (69 metres2) and attached to the existing dwelling. The home is a one storey dwelling with walkout basement towards the waterfront. The existing deck will be demolished in order to accommodate for the new deck. The footprint of the dwelling will not change. The applicants are seeking relief from the Zoning Bylaw in order to construct the new deck. The existing septic system and well will be maintained on the property. Minor variance is required to reconstruct a new deck:

  1. To vary Section 32.3 j. of the Township of South Frontenac Zoning Bylaw to reduce the setback for a new 743.16 ft2 deck from 30 metres (98.4 feet) to 3.4 metres (11.15 feet) from the EP-4 Zone for an existing developed property on Collins Lake addressed as 3945 Middle Woodland Drive. Under Section 45(1) of the Planning Act there are four tests a minor variance must meet. A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests: • Does the application conform to the general intent and purpose of the Official Plan? • Does the application conform to the general intent and purpose of the Zoning By-law? • Is the application desirable for the appropriate development of the lands in question? • Is the application minor?

Page 57 of 126

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Background The subject property is approximately 1.21 hectares in area with a frontage of 60.7 metres on Middle Woodland Drive and a water frontage of 265 metres. The existing septic tank and tile bed are located at the southwest side of the existing dwelling. It was noted in the application that the deck will encroach onto the existing septic system. A performance review has been completed and reviewed by KFL&A Public Health (application ST-21-17). Comments have been received from KFL&A Public Health indicating they have no objection to the proposed minor variance. The property was acquired by the current owner in 1998 at the time that the dwelling was constructed. The topography of the property slopes from Middle Woodland Drive towards Collins Lake with the existing house located on a plateau area where the proposed new deck is to be located. The property is located within 120 metres of the Collins Creek provincially significant wetland (PSW). The Environmental Impact Assessment (EIA), prepared by McIntosh Perry Consulting Engineers Ltd., was reviewed by the CRCA and staff have indicated that they have no objection to the approval of the minor variance application. Staff at the CRCA note that their main interests with respect to the application are the avoidance of natural hazards associated with the shoreline of Collins Lake (e.g. flooding and erosion) protection of the provincially significant wetland natural heritage feature and protection of water quality have been addressed. Staff at the CRCA recommend that the mitigation measures suggested in Section 6.0 of the McIntosh Perry report be included as a condition of approval or implemented through site plan control. Surrounding properties contain dwellings of similar size and lot size within a plan of subdivision which are located in similar proximity to the waterfront and wetland as the subject property.

Planning Analysis Provincial Policy Statement, 2014 The 2014 Provincial Policy Statement (PPS) provides direction on matters of Provincial interest related to land use planning and development. In respect of the exercise of any authority that affects a planning matter, Section 3 of the Planning Act requires that decisions affecting planning matters “shall be consistent with” policy statements issued under the Act. When assessing development on rural lands, planning authorities must comply with Section 1.1.5.1 of the PPS; this section requires application of relevant policy of Section 1: Building Healthy Communities, Section 2: Wise Use and Management of Recourses, and Section 3: Protecting Public Health and Safety by the approval authority. Section 2: Wise Use and Management of Resources of the PPS contains policies that encourage the protection of natural heritage, water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. Staff at the Cataraqui Region Conservation Authority reviewed the application within the context of Section 2.1 Natural Heritage and have reviewed the environmental impact assessment in support of the application which provides a detailed assessment of the natural and ecological features of the property. Staff conclude with the EIA that the development and site alteration to construct a deck will not result in negative impacts on the natural heritage features ecological functions of the subject property, the PSW, Collins Lake of SAR. Staff have reviewed the report and concur with its findings. The Conservation Authority reviewed Section 2.2 Water quality policies that suggests that planning authorities should seek to protect, improve and restore the quality and quantity of water. The CRCA’s Planning Policy contains provisions that seek to support the objectives of the Township pertaining to water quality. Section 3: Protecting Public Health and Safety of the PPS contains policies that speak to directing development outside of hazardous lands. It is noted that there are no known natural hazards within the meaning of Section 3 of the PPS on the subject property and that this application is consistent with Section 3.1 of the PPS. Current Official Plan Designation: Rural The property is designated as Rural in the Township of South Frontenac Official Plan (2003). Official Plan policies regarding the Rural designation speak to the importance of maintaining rural character, natural heritage and cultural landscape in the Township. Section 5.7.7 Rural Limited Service Residential Policies permit rural residential uses as permitted uses within the designation in addition to seasonal uses. KFL&A Public Health was circulated indicating that there are no concerns with the Page 58 of 126

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT application. The application for review and an application for Review of Performance Level of Existing On-Site Sewage System from June 14, 2017 was submitted with the application for the replacement and expansion of the existing deck. As per Section 5.2.7 Environmentally Sensitive Areas note that lands in South Frontenac which have natural or scientific features and upon which development and site alterations may negatively impact on the natural ecosystem or the aesthetic and natural appeal of the Township’s waterfront are identified in the Environmentally Sensitive Areas. An Environmental Impact Assessment (EIA) was submitted in support of the minor variance application which supports the request subject to a number of conditions which will be addressed in the development agreement. Current Zoning: Residential (R) Zone and Special Environmental Protection (EP-4) Zone The property is zoned Residential (R) and Special Environmental Protection (EP-4) Zone in the Township of South Frontenac Zoning Bylaw. The intent of the Residential zone is to permit multiple lot residential subdivisions only. A portion of the property in proximity to the waterfront is located in the Special Environmental Protection (EP-4) Zone. The request is to vary Section 32.3 j. of the Environmental Protection Zone to decrease the setback for a new 743.16 ft2 deck from 30 metres (98.4ft) to 3.4 metres (11.15 feet) for uses in the EP-4 Zone for an existing developed property on Collins Lake. The applicant is proposing to increase the lot coverage slightly with the new deck and staircase and will maintain the existing footprint of the dwelling. The applicant will not remove any trees in order to accommodate for the new deck with staircase. When considering if the application is minor, it is important to remember that this is not solely a quantitative analysis, but also consideration of the impact of the proposed development. With this application, staff at the Cataraqui Region Conservation Authority have noted that they have no objection to the application. Since the proposed development is greater than 30 metres from the highwater mark of Collins Lake, and since there is a well-established vegetated buffer between the proposed development and the lake, staff are satisfied that the potential for impacts to water quality is minimal. As such, planning staff are supportive of the request for zoning relief for the reduced setback to the EP-4 Zone (wetland). Planning staff also note, that any further expansion of the structure would require additional planning approvals in the future. A site visit was conducted on March 29, 2019. Site characteristics have been provided in the comments received from the Cataraqui Region Conservation Authority.

Agency Analysis and Comments KFL&A Public Health – An application for Review of Performance Level of Existing On-site Sewage System was submitted on June 14, 2017 for the replacement and expansion of the existing deck consisting of 2600 ft2. KFL&A Public Health has no objection to the proposed minor variance, as per performance review application ST-21-17. Cataraqui Region Conservation Authority – Comments were received on April 1, 2019 in support of the application. The comments speak to the Natural Hazards, Natural Heritage and Water Quality of the property. Staff at the CRCA note that they have no objections to the approval of application MV06-19-S based on their consideration for natural hazard, natural heritage and water quality policies. Staff recommend that the mitigation measures suggested in Section 6.0 of the McIntosh Perry report be included as a condition of approval or implemented through site plan control. The applicant will be required to apply for a permit with the CRCA at the building permit stage as the deck is within 15 metres of a flood plain and/or top of bank, and within 120 metres of a provincially significant wetland is regulated by the Conservation Authority. Public Comments – As of the date of preparing the report, no comments have been received from the public.

Conclusion The proposed application to permit the construction of a new deck at Part Lot 21, Concession 2, being Part 9 on Plan 13M-11, District of Storrington, Township of South Frontenac, municipally known as 3945 Middle Woodland Drive, Collins Lake, meets the four tests for a minor variance: • The variance conforms to the general intent and purpose of the Official Plan because the proposed construction is consistent with the 2014 Provincial Policy Statement including Page 59 of 126

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Section 2.1 Natural Heritage which then meets the intent of the Official Plan. The proposed construction will be constructed at the southeast corner of the existing dwelling and will not negatively impact the provincially significant wetland. • The variance conforms to the general intent and purpose of the Zoning Bylaw as the proposed new deck to be constructed continues to meet the 30 metre setback from the high water mark and maintains a setback from the PSW that has been evaluated as having no negative impact on the PSW to the existing dwelling will not impact the setback in relation to the waterfront. The total floor area of the cottage will be maintained and will not increase in footprint. • The variance is desirable for the appropriate development of the lands in question as the construction is supported by the Cataraqui Region Conservation Authority, with implementation of the required mitigation measures, who have reviewed the application with regards to Section 2.1 Natural Heritage and 3.1 Natural Hazards of the Provincial Policy Statement under the Planning Act. The increase in the area of the deck will not have a negative impact on the PSW as there is a well-established vegetated buffer between the proposed development and the lake. CRCA staff are satisfied that the potential for impacts to water quality is minimal. • The variance is minor as the proposed construction is not anticipated to impact the character of the waterfront as the proposal maintains development at a setback greater than 30 metres from the highwater mark of Collins Lake.

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

  1. The proposed deck shall be no larger than 743.16 ft2 and is to be built in line at the southwest corner of the dwelling consistent with the plans submitted with application MV-06-19-S.
  2. A development agreement shall be prepared and registered on the title of the subject property addressing the environmental policies of the Township and include the following recommended mitigation measures are required from the Environmental Impact Statement prepared by McIntosh Perry: a) Prior to construction, the proper erosion and sediment control measures should be erected in order to prevent sediment from entering the adjacent PSW and Collins Lake. b) Prior to construction, the Contractor should have a kit on-hand at all times, in case of spills. c) Prior to construction, between May 1 and October 30 of any year, daily site inspections are recommended prior to commencing work activities in order to ensure SAR turtles have not entered the construction area. d) Prior to construction, should any SAR (i.e. Blanding’s Turtle, Common Snapping Turtle, Gray Ratsnake, Eastern Wood pewee), be discovered during construction they should be allowed to safely leave the area, a management biologist as MNRF – Peterborough District should be contacted for further direct and operations modified to avoid any negative impacts to SAR or their habitat, until further direction is provided by MNRF. e) Prior to construction, between May 15 and July 15 of any year (i.e. the turtle egg-laying period), all stockpiled topsoil, sand, and gravel must be covered with geotextile or isolated with light duty sediment fence, to prevent turtles from accessing and nesting in the materials. f) No clearing of any vegetation should occur between April 15 and August 30, unless a qualified biologist has determined that no migratory bird nesting is occurring within 5 days prior to the clearing of the vegetation. Page 60 of 126

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT g) Prior to construction, a permit is required for the proposed development by the Cataraqui Region Conservation Authority in accordance with Ontario Regulation 148/06 (Development Interference with Wetlands and Alteration to Shorelines and Watercourses). The applicant will be required to contact the CRCA at the building permit stage. 3. Minor variance MV-06-19-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws. Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Attachments: Map of Fleming property.

Page 61 of 126

Page 62 of 126

Page 63 of 126

Page 64 of 126

1.?—IEHL£I?IF1EU.El.iIH’E?K.EF?E’£.‘iL1?’?IK.I §L1

Staff have no objection to the approval of application MV-O6-19-S based on our consideration for natural hazard, natural heritage and water quality policies. Staffrecommend that the mitigation measures suggested in Section 6.0 of the McIntosh Perry report be included as a condition of approval or implemented through site plan control. Ontario Regulation 148/06

The CRCA, under Ontario Regulation 148/06: Development, Interferencewith Wetlands, and Alterations to Shorelines and Watercourses, regulates development within 15 metres of a ?ood plain and/or the top of bank, and within 120 metres of a provincially signi?cant wetland. Therefore, a CRCA permit will be required for the proposed development. The applicant will be required to contact the undersigned at the building permit stage for more information regarding permitting requirements under Ontario Regulation 148/06. Please notify this of?ce of any decision made by the Committee of Adjustment with regard to this application. If you have any questions, please contact Andrew Schmidt at (613) 546-4228 extension 244 or by email at aschmidt@crca.ca.

Yours truly,

..I”_.-’. –

Page 65 of 126

Page 66 of 126

APPL?CATION VARIANCE qn Q?jrT%tqffi tINAC G,llMlif nrra-*sin I l’l/$1 l FOR 1711 MINOR nnllil rnnbi

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ni%A@ R4.0. 1990, c. P.13 as amended l

Date Re!ived:

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  1. NarrieofoWn6r:(05Wi?i-r:,?/’!E?>

Phonenumberof0wner( Email Address of Owner(s):

  1. If the applicant is NOT the owner of the subject Iand, the written authorization of the owner that the applicant is authorized to make the application, must acmmpany the application-

Name of Authorized Agent: (liv L€S FG Y ely’) f}(kiruSe:t’ Hofil E- /fA/;‘D L-,t{l!E FullMailingAddressofAuthorizedAgen

PhonenumberofAuthorizedA Email Address of Authorized Agent: /, Agent as named above is hereby authorized to act on behatf of the owners for purposes of processing this application for Minor Variance. ssing 11118 agpi S 3? The description of the subject land: District:

ffiedford

Concession Number:

Street Number: 3 ‘j ‘/ 5-

€ Portland

2

Lot Nurnber:

[1 Storrington

72t

NanN,ofRoad/Street: ]‘VliT)L:)L(:: i-<-p(:’(‘pL=ilit'7) a>R

Refereri> Pian Number: / :-{ ia ’ l -’ / / Roll Number:

€ Loughborough

Part Number(s): ‘f

OC=C’-0:Z 0-ei-‘7’-t 3 t-(.-cioco 3

Page 67 of 126

TOWNSHIP OF SOLITH FRONTENAC APPLICATION FOR MINOR VARIANCE

Planning Ad, R.S.0. 1990, c- P.13 as amended 4. The frontage(s), depth and area of the subject land.

-’ .-z f3 /" - >?"-,,*,,?,,.’?

Frontage (on water): i? . ?’? Fron’mge (on road/lane): ? l / ‘Z’! ' Depth-. .???sCoc? / Y,7 7

Area:

].ff3 (ici<c?S

s. The current zoning of the subject land:

i76S-iDe-rvY li’l(,6. The nature and extent of the relief from the Zoning By-law:

17,,€mciVRC of (:,’{rS-r/YUG, ]T)(:? /’eorvsaarpveo7ta6rv cF m? i:xCA /

  1. The reason why the proposed use cannot comply wnh the provisions of the Zoning By-Iaw:

(x=]rN/tl,i flllr=lccAi3Le gl3;Q3-r:cG <9F E?f RR€fl

// ’ 1-i=ih-( l=i?1(irvs EP y 8. Does the subject property front on a municipally maintained road? ORaprivatelymaintainedroad? €Yes €No

&?s

l]No

Name of Road/Lane:

fjlDD(,.e (,J(,ippLt’lrl/p l)[1v’<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 Iand and the nearest public road.

  1. Whataretheexistingusesofthesubjdland?

R E S -i -r:i t= wc E11. Please indicate whether there are any EXISTING buildings or structures on the subject Iand. (l.e. residenw, garage, shed, etc.)

rffles

ONO

4

Page 68 of 126

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE

Planning Act, R-S.0. 1990, c- P.13 as amended

  1. If the answer to item 1 ‘I is yes, for EACH building or strueture indicate: (2)

(1)

Type of Structure (E.g. residence)

Setback from Front Lot Line

Setbaek from Rear Lot Line

Setback from Side Lot Line

(3}

(4)

{Re<ipuuct 730’-S"

//

lzq,:6i Fl7-j7"

Height of BuiIding (Also indicate if it is one story or two story)

Dimensions of Floor Area

Setback from High Water Mark

le sYor,] 2(;5zag . / , l/

i ,-aa;i

.9

//-,

(lf applicable)

1 3.The proposed uses of the subject land: r’-?

7fz€S t’T) ctl;<=.5, 14.Are any building(s) or structure(s), or additions to existing building(s) or structure(s), PROPOSED to be built on the subject Iand?

&

€No

s

Page 69 of 126

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE

Planning Act, R.S.0. 1990, c. P.13 as amended

1 5? If the answer to item 14 is yes, for each proposed addition, building or structure indicate: {1)

(2)

(3)

(4)

Type of Structure

(E.g.residence) l i?e(?l?s Setback from Front Lot Line

/ a7 Cy '

Setbaek from Rear Lot Line

/ / 2 ‘- ‘7’

Setback from Side Lot Line

Height of Building (Also indicate if it is one story or mo story)

Outside Dimensions of

//

,, /

/2:E=

9’ i

/

2ffra30

Building/Structure

Setback from

High Water Mark (If applicable)

/72’-‘7""

NOTES: 1 ) If the subject property is on waterfront, and on a private lane, the setback from the front Iot line and the setback from the high water mark will be the same2) The dimensions required in this question relate to the NEW CONSTRUCTION ONLY, and NOT to the total size of the completed building.

  1. DoyourplansincludeanyDEMOLlTlONofexistingstructures?

?es

[]No

If yes, please provide details:

Reritsvhc -pvis’r’osst,, cir ciisrirt,ic-,, al)eck, ,

6

Page 70 of 126

TOWNSHlP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE

Planning Ad, R.S.0. 1990, c. P.13 as amended

  1. Do your plans include the RAISING of an existing structure?

0 Yes

,!

If yes, please provide details:

  1. What are the uses of the proposed development?

(a) Increase in number of bedrooms

0 Yes

,,<

(b) Increase in plumbing fixtures

n Yes

tuG

(c) Increase in living space

€ Yes

-==r.’

(d) Will the addition or structure encroach on the existing septic system?

4

€No

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

/’-218 20? The date the existing buildings and stmdures were constructed on the subject lands:

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

2t tlbnx5, /

  1. Indicate whether water is provided to the subject Iand by a publicly owned and operated piped

water system, a privately owned and operated individual or communal well, a Iake, or other water body, or other means:

?’<lVrtYt ty?c 23. Indicate whether sewage disposal is provided to the subject land by a pubiicly owned and operated sewage system, a priately owned and operated individual or communal septic system, a privy, or other means:

p{;ztt/n(e- SbPrlc 3rs’iem 24. Is storm drainage provided by sewers, dnches, swaIes or by other means? A/ - 7,/’ , /1

7

Page 71 of 126

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE

Planning Act, R.S.0. 1990, c. P.13 as amended

  1. Please indicate whether the subject land is subject of an application under the Planning Act lor approval of a Plan of Subdivision or Consent€Yes

,.4

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

  2. If known, please indicate whether the subject Iand has ever been the subject of an application under Section 43 of the Planning Act (Minor Varianoe)€ Yes

?"

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

  2. A SKETCH must be submitted showing the following: i) THE SKETCH MUST HAVE A NORTH ARROW AT THE TOP OF THE PAGE. ii) The boundaries and dimensions of the subject Iand including the lo>tion of any existing and proposed buildings. iii) The Iocation of a reference point……i.e- distanoe between the subject Iand and the nearest township lot line or Iandmark such as a bridge or raimay crossing.

iv)

The iocation of all abutting (neighbours’) lands.

v)

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

‘Note: ’ The distances to on-site and abutting owners’ wells, septic fields and barns, from the property to be varied, 18 REQUIRED to be shown. The SKETCH is of significant importanz and should be prepared as >refully, neatly and accurately as possible.

8

Page 72 of 126

‘i )iou look at the plan it indicates that the deck is ’n aiq “L” configuration rhe one sectron or the “L” is on the back of the house corntn,g out 12 FT rhe other section of the “L” is on the side of the house cornrig out 20 FT The piece of the “[” that corries out 12 FT is 13.33 FT long Ttie piece o’; the “L” that c.omes out 20 FT is 29.16 Ft Iorig

rherefor the one section ts (12 x 13,33 = 159,96 SQF?Q the othec section is (20 x 29.16 = 583.2 SQFT) 159.96 + 583.2 = 743.16 SQFT

As indicated in sectiori 4.0 the total square footage of the new deck is approximately 743 square feet
tiope this rriakes sense Thanks Ju)es

Page 73 of 126

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Page 74 of 126

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FLEMING MV-06-19-S 3945 MIDDLE WOODLAND

Legend Fleming Property Existing Structure Proposed Deck

Roads

Road Classification ARTERIAL EXPRESSWAY / HIGHWAY LOCAL / STREET Provincially Significant Wetlands nd - D ix

Waterbody on Rd

te r Wa

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Page 75 of 126

Aut um nR Mi idg dd eD r le W oo dl an d Dr

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Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015. While the Township makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.

Collins Lake

Scale 1:680 0

Collins Lake

3.25 6.5

13

19.5

UTM Projection NAD 83

26 Meters

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PLANNING REPORT – VARIANCE APPLICATION Report Date: Application No: Owner: Location of Property:

April 1, 2019 MV-08-19-B Stephen Finlay & Sandra Catana Part Lots 33 and 34, Concession 5, Being Part 1 on Plan 13R-15166 and Parts 1-4 on Plan 13R-17510, District of Bedford, Township of South Frontenac, municipally known as 295B Alf Patterson Lane, Crowe Lake Purpose of Applications: To Increase the Maximum Allowable Height for an Accessory Building from 19.7 feet (6 metres) to 27.7 feet (8.4 metres) Date of Hearing: April 11, 2019

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and that the Committee of Adjustment defer making a decision on application MV-08-19-B for the request to Increase the Maximum Allowable Height for an Accessory Building from 19.7 feet (6 metres) to 27.7 feet (8.4 metres) until a site visit can be conducted of the subject property.

Proposal An application for minor variance has been submitted for the property located at Part Lots 33 and 34, Concession 5, Being Part 1 on Plan 13R-15166 and Parts 1-4 on Plan 13R-17510, District of Bedford, Township of South Frontenac, 295B Alf Patterson Lane, Crowe Lake (see attached map). The minor variance application has been submitted for the request to increase the maximum allowable height for an accessory building from 19.7 feet (6 metres) to 27.7 feet (8.4 metres). The applicant would like to construct a garage with loft. The subject property contains an existing cottage within 30 meters of the water’s edge and consists of approximately 2 hectares in area with a road frontage of 171 metres and a water frontage of 73 metres and average depth of 182 metres. A site inspection was not possible given the laneway was covered in a substantial amount of snow and the access was restricted by a locked gate. Staff and members of the Committee of Adjustment will undertake a site inspection once the conditions are favourable and access is not restricted. Once staff and members of the Committee of Adjustment have had the opportunity to review the subject property, a detailed report will be prepared with a planning analysis and recommendation which will be brought forward to a future Committee of Adjustment meeting for discussion and approval. Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Date of Site Visit: March 27, 2019 Attachments: Map of Finlay & Catana property.

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TOWNSHIP eF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.C). 1990, c. P.13 as amended JAN 2 3 20i9

Date Received:

File No:

TOWNSHIP OF SOUTH

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Full Mailing Address of Owner(s):

PhonenumberofOwner(s): EmailAddressofOwn

  1. If the applicant is NOT the owner of the subject land, the written authorization of the owner that the applicant is authorized to make the application, must accompany the application. /

Name of Authorized Agent:

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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:

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Concession Number: .?Street Number:

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Page 80 of 126

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE

Planning Act, R.S.0. 1990, c. P.13 as amended

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

Frontage (on water): "

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s. The current zoning of the subject Iand:

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

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  1. Does the subject property front on a municipally maintained road? € Yes ORaprivatelymaintainedroad? []?es

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Name of Road/Lane:

  1. 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. ,/?J’ /4

  2. Whataretheexistingusesofthesubjectland? 1-. '

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  1. Please indicate whether there are any EXISTING buildings or structures on the subject land. (l.e. residence, garage, shed, etc.) [3 Yes / l’

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

  1. If the answer to item 11 is yes, for EACH building or structure indicate: (1)

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14.Are any building(s) or structure(s), or additions to existing building(s) or structure(s), PROPOSED to be built on the subject Iand?

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TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE

Planning Act, R.S.0. 1990, c. P.13 as amended

  1. If the answer to item 14 is yes, for each proposed addition, building or structure indicate: (1) Type of Structure (E.g. residence)

Setback from Front Lot Line

Setback from Rear Lot Line

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NOTES: 1 ) If the subject property is on waterfront, and on a private Iane, the setback from the front Iot 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. 16.

Do your plans include any DEMOL?TION of existing structures? € Yes

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

  1. Do your plans include the RAISING of an existing structure?

€ Yes

lDNo

If yes, please provide details: sj-!?

  1. Whataretheusesoftheproposeddevelopment? (a) Increase in number of bedrooms

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€No

(b) Increase in plumbing fixtures

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(c) Increase in living space

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(d) Will the addition or structure encroach on the existing septic system?

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

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

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  1. 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 Iake, or other water body, or other means: /

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  1. Indicate whether sewage disposal is provided to the subject Iand by a publicly owned and

operated sewage system, a privately owned and operated individual or communal septic system, a privy, or other means: ,,

  1. Is storm drainage provided by sewers, ditches, swaIes or by other means? / tL/

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TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE

Planning Act, R.S.0. 1990, c. P.13 as amended

  1. Please indicate whether the subject Iand is subject of an application under the Planning Act for approval of a Plan of Subdivision or Consent. € Yes

[E]No

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

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). € Yes

[]No

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

  2. A SKETCH must be submitted showing the following:

i) THE SKETCH MUST HAVE A NORTH ARROW AT THE TOP OF THE PAGE. ii) The boundaries and dimensions of the subject Iand including the Iocation of any existing and proposed buildings.

iii) The location of a reference point……i.e. distance between the subject land and the nearest township Iot Iine or landmark such as a bridge or railway crossing. iv)

The location of all abutting (neighbours’) Iands.

v)

The approximate Iocation of all natural and artificial features on the subject Iand 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.

**Note: ** The distances to on-site and abutting owners’ wells, septic fields and barns, from the property to be varied, $8 REQUIRED to be shown. The SKETCH is of significant importance and should be prepared as carefully, neatly and accurately as possible.

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TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.0. 1990, c. P.1 3 as amended AGREEMENT TO INDEMNIFY

Attached to this application is a cheque payable to the Township of South Frontenac in the amount of $747.00 representing payment of the application fee.

The Owner/Applicant/Agent agrees that the informatiori recorded in this Minor Variance Application Form is accurate. The Owner/Applicant/Agent agrees that representatives of the Township, Public Health and, where applicablp, the appropriate Conservation Authority, may enter onto the subject property for the purpose of determining the appropriateness of the site for the proposed development.

The Owner/Applicant/Agent agrees to reimburse and indemnify the municipality for all fees and expenses incurred by the municipality to process the application, including any fees and expenses attributable to proceedings before the Ontario Municipal Board or any court or other administrative tribunal if necessary to defend Council’s decision to support the application.

Without limiting the foregoing, such fees arid expenses shall include the fees and expenses of consultants, planners, engineers, lawyers and such other professional and technical advisors as the municipality may, in its absolute discretion acting rpasonably, consider necessary or advisable to more properly prooess and support the application.

The Owner/Applicant/Agent further agrees to provide the municipality, upon request and in cases where an application has been appealed to the Ontario Municipal Board, with a deposit (over and above the normal application fee), from which the municipality may, from time to time charge any fees and expenses incurred by the municipality in order to process the application. If such appeal expenses exceed the deposit, the Owner/Applicant shall pay the difference forthwith upon being billed by the municipality, with interest at the rate of 1 .25% per month (1 5% per annum) on accounts overdue more than 30 days,

The Owner/Applicant/Agent further agrees that, until such requests have been complied with, the municipality will have no continuing obligation to process the application or attend or be represented at the Ontario Municipal Board or any court or other administrative proceeding in connection with the application:

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

April 1, 2019

Application No: Owner: Location of Property:

MV-09-19-L Robert Binnington (Agent: Brian Binnington) Lot 8, Concession 11, District of Loughborough, Township of South Frontenac, municipally known as 1136 Blakslee Lane, Gould Lake Purpose of Application: To vary Section 5.8.2 a) of the Township of South Frontenac Zoning Bylaw to reduce the setback from the highwater mark from 98.4 ft (30 metres) to 61 feet (18.8 metres) to permit the construction of a new twostorey cottage and decking and to vary Section 10.3.1 RLSW to reduce the setback of 30 metres (98.4 feet) from the highwater mark from 98.4 feet (30 metres) to 61 (18.8 metres). Date of Hearing: April 11, 2019

Recommendation It is recommended that the Committee of Adjustment receive comments from members of the public and that the Committee of Adjustment approve minor variance application MV-09-19-L with conditions.

Proposal An application for minor variance has been submitted to permit the construction of a new two-storey seasonal residential dwelling 20 feet (6.096 metres) by 46 feet (14.021 metres) for a total floor area of 1,840 ft2 (170.94m2) for the dwelling which is an increase in total floor area of 16ft2 (1.49 metres2). A deck at grade is proposed at the first storey consisting of 784ft2 (72.84 metres2) and an upper deck consisting of 96ft2 (8.92 metres2) is proposed at the north side of the cottage facing the lake. The existing 912ft2 (84.73 metres2) cottage with decking is proposed to be demolished in order to accommodate for the new seasonal dwelling. The proposed height of the structure of 23 feet (7.01 metres) is in compliance with the maximum permitted height of 36.1 feet (11 metres) for the principal building in the RLSW Limited Service Residential – Waterfront Zone as per Section 10.3.1 in the Zoning By-law. The property is located at Lot 8, Concession 11, District of Loughborough, Township of South Frontenac, municipally known as Blakslee Lane (see attached map). The property is located along Gould Lake and is accessed by Blakslee Lane, a private road which is accessed from Bedford Road. The property is approximately 0.40 acres (0.16 ha) with approximately 100 feet (30.5 metres) of water frontage and 117.25 feet (35.7 metres) of frontage on Blakslee Lane. The applicant has submitted conceptual building plans of the proposed cottage as well as site plan drawings of the existing and proposed cottage. It was determined by the owner that as the existing cottage will require extensive work as the original structure was built in the early 1960’s, they are further ahead to demolish and build a new cottage. The footprint of the new dwelling will be consistent in size as the existing cottage has a small addition on the north side. The applicants are seeking relief from the Zoning Bylaw in order to construct the new cottage and decking to reduce the setback from the highwater mark from 98.4 ft (30 metres) to 54 feet (16.5 metres). The existing septic system at the east side of the cottage will be maintained. The existing septic system has a pump chamber at the east side of the dwelling. The existing water intake system will be maintained for the cottage. Modified Proposal The original application included a proposed 2 storey deck that projected to within 54 feet (16.46 metres) of the high water mark. Cataraqui Region Conservation Authority staff have requested that the 61 foot (18.8 metre) setback be maintained. Based on the comments from CRCA, the applicant has modified their minor variance application. The modified application and sketch was received on April 3, 2019 from the agent which now removes the proposed 2 storey deck and maintains a 61 foot (18.8 metre) setback to the highwater mark. The modified sketch will be provided to Committee of Adjustment members.

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Based on the modified proposal, the Minor variance is required to reconstruct a new seasonal dwelling:

  1. Section 5.8.2 a) of the Township of South Frontenac Zoning Bylaw to reduce the setback from the highwater mark from 98.4 ft (30 metres) to 61 feet (18.6 metres) to permit the construction of a new two-storey cottage and decking. Requested variance from this section: a. Proposed : 98.4 ft (30 metres) to 61 feet (18.6 metres) from the highwater mark of Gould Lake (variance request of 11.4 metres or 37.4 feet) Under Section 45(1) of the Planning Act there are four tests a minor variance must meet. A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests: • Does the application conform to the general intent and purpose of the Official Plan? • Does the application conform to the general intent and purpose of the Zoning By-law? • Is the application desirable for the appropriate development of the lands in question? • Is the application minor?

Background The subject property is approximately 0.40 acres (0.16 ha) with approximately 100 feet (30.5 metres) of water frontage and 117.25 feet (35.74 metres) of frontage on Blakslee Lane. A site visit was undertaken of the property which provided a clearer understanding of the topography of the site. The existing cottage is located on a relatively level area of land and then slopes gently towards the waterfront. A series of trees buffer the existing cottage to the waterfront. An existing one storey cottage, with small addition on the north and decking at the waterside, and shed are located closer to the highwater mark of Gould Lake than would be permitted under today’s planning standards. The property is legal non-complying. A variance is required as the volume and square footage of the structure is increasing as the proposal is to replace the original cottage with a new cottage including a second storey. The properties adjacent to the subject cottage are similar in size and proximity to the waterfront of Gould Lake.

Planning Analysis Provincial Policy Statement, 2014 The 2014 Provincial Policy Statement (PPS) provides direction on matters of Provincial interest related to land use planning and development. In respect of the exercise of any authority that affects a planning matter, Section 3 of the Planning Act requires that decisions affecting planning matters “shall be consistent with” policy statements issued under the Act. When assessing development on rural lands, planning authorities must comply with Section 1.1.5.1 of the PPS; this section requires application of relevant policy of Section 1: Building Healthy Communities, Section 2: Wise Use and Management of Recourses, and Section 3: Protecting Public Health and Safety by the approval authority. Section 2: Wise Use and Management of Resources of the PPS contains policies that encourage the protection of natural heritage, water, agricultural, mineral and cultural heritage and archaeological resources for their economic, environmental and social benefits. The Cataraqui Region Conservation Authority reviewed the application within the context of Section 2.1 Natural Heritage and no natural heritage features were identified during the review. The Conservation Authority reviewed Section 2.2 Water policies and recommend for the appropriate silt fencing be installed prior to construction to ensure that the protection, improvement and restoration of the quality and quantity is in keeping with the policies of the PPS. This was provided in comments dated April 3, 2019. Section 3: Protecting Public Health and Safety of the PPS contains policies that speak to directing development outside of hazardous lands. The Cataraqui Region Conservation Authority staff have Page 95 of 126

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT indicated that there are no known natural hazards within the meaning of Section 3 of the PPS and are consistent with Section 3.1 of the PPS. Current Official Plan Designation: Rural The property is designated as Rural in the Township of South Frontenac Official Plan (2003). Official Plan policies regarding the Rural designation speak to the importance of maintaining rural character, natural heritage and cultural landscape in the Township. Section 5.7.7 Rural Limited Service Residential Policies permit rural residential uses as permitted uses within the designation in addition to seasonal uses. KFL&A Public Health were circulated the application and comments are pending. Current Zoning: Limited Service Waterfront Residential (RLSW) The property is zoned Limited Service Waterfront Residential in the Township of South Frontenac Zoning Bylaw. The intent of the RLSW zone is to permit development with uses restricted to those that are compatible to the waterfront and location along a private road. The request is to reduce the setback from the highwater mark from 98.4 ft (30 metres) to 54 feet (16.5 metres) to permit the construction of a new two-storey cottage and decking. The plan has now been amended by the applicant to request a setback of 62 feet, (18.6 metres) from the highwater mark as the deck proposed to be setback 54 feet (16.5 metres) has been eliminated in the revised plans and application. The applicant is proposing to increase the lot coverage of the two storey dwelling by 16ft2 (1.49 metres2). The agent has indicated that there will be minimal removal of trees in order to accommodate the new cottage with decking. When considering if the application is minor, it is important to remember that this is not a quantitative analysis, but instead the impact of the proposed development. With this application, staff at the Cataraqui Region Conservation Authority have noted that they have no objection with regards to Section 2 of the Provincial Policy Statement which speak to natural heritage and water. As such, planning staff are supportive of the request for zoning relief for the reduced setback to the waterfront. Planning staff also note, that any further expansion of the structure would require additional planning approvals in the future. A site visit was conducted on March 27, 2019.

Agency Analysis and Comments KFL&A Public Health – Public Health has no objections to the proposed minor variance. Cataraqui Region Conservation Authority – The original application included a proposed 2 storey deck that projected to within 54 feet (16.5 metres) of the high water mark. Cataraqui Region Conservation Authority staff requested the Committee defer the application to allow the applicant to consider removing the deck that further encroaches on the water setback or to move the dwelling back slightly from the water to maintain the 61 foot setback from the high water mark. These comments were shared with the applicant on April 3rd. Based on the comments from CRCA, the applicant has modified their minor variance application. The modified application and sketch was received on April 3, 2019 from the agent which now removes the proposed 2 storey deck and maintains a 61 foot (18.6 metre) setback to the highwater mark. As the applicant has already modified their plans to be consistent with comments from the CRCA, planning staff are supportive of the Committee of Adjustment approving the variance, subject to conditions. The modified sketch dated April 3, 2019 is attached to this report. The modified sketch has been reviewed by CRCA staff and they have indicated that they can confirm support for the variance based on the changes the applicant has made. Ministry of Environment, Conservation and Parks (MECP) – Planning staff consulted with MECP staff on this application on March 25, 2019 as Gould Lake is a Moderately At-Capacity Lake Trout Lake. MECP staff indicated that a Lake Impact Assessment was not required for this application as the variance was permitting the replacement of an existing cottage on an already developed undersized lot. In their consideration, MECP staff noted that the existing lot would have already been considered in the phosphorous budget for Gould Lake. MECP staff were pleased to see that the existing septic system that will be used to service the new dwelling is located at the furthest extent of the lot from Gould Lake.

Page 96 of 126

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Public Comments – As of the date of preparing the report, no comments have been received from the public.

Conclusion The proposed application to permit the construction of a new two-storey cottage with decking at Lot 8, Concession 11, District of Loughborough, Township of South Frontenac, municipally known as 1136 Blakslee Lane, meets the four tests for a minor variance: • The variance conforms to the general intent and purpose of the Official Plan because the proposed construction is consistent with the 2014 Provincial Policy Statement including Section 2.1 Natural Heritage which then meets the intent of the Official Plan. The proposed construction will be constructed on the footprint of the existing cottage and will not impact the existing location of the site. • The variance conforms to the general intent and purpose of the Zoning Bylaw as the proposed new cottage will not impact the setback of the proposed cottage with decking in relation to the waterfront. The total floor area of the cottage will increase slightly in the footprint and the proposed height of the structure will comply with the required maximum building height of 11 metres (36.1 ft). • The variance is desirable for the appropriate development of the lands in question as the construction is supported by the Cataraqui Region Conservation Authority, with implementation of the required conditions, who have reviewed the application with regards to Section 2.1 Natural Heritage and 3.1 Natural Hazards of the Provincial Policy Statement under the Planning Act. The increase in height will further reduce the impact of the building footprint. • The variance is minor as the proposed construction is not anticipated to impact the character of the waterfront and seeks to maximize the footprint of the cottage while recognizing the location of the septic system.

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

  1. Minor variance is for the construction of a new 2-storey cottage consisting of gross floor area of 1,840 ft2 (170.94 metres2) and a deck on-grade consisting of 784 ft2 (72.8 metres2) to be constructed at 61 feet (18.6 metres) from the highwater mark of Gould Lake. The proposed cottage and deck shall be constructed in conformity with the plans submitted April 3, 2019.
  2. Minor variance MV-09-19-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  3. Prior to construction, a permit is required for the proposed development by the Cataraqui Region Conservation Authority in accordance with Ontario Regulation 148/06 (Development Interference with Wetlands and Alteration to Shorelines and Watercourses). The applicant will be required to contact the CRCA at the building permit stage.
  4. The applicants shall enter into a site plan agreement with the Township recognizing the limited service policies, incorporating the CRCA waterfront development requirements and include the Township’s waterfront development policies (naturalizing the shoreline and establishing a vegetated buffer). Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Attachments: Map of Binnington property. Page 97 of 126

Page 98 of 126

Ms. Gravel (MV-O9-19-L) April 3 , 2019

Natural Hazards

h-‘2:-:::|-cu-Hui-.£|.::|-:I.|-I-i.i:r.|1L.II|:|.:l|-nu n..H..=I:Cr-.1-.-.;I..-.1.Im.n…q..1.:u-J–an-u-=LpL.’=. been established as elevation 141.0 metres Flooding: For Gould Lake, the regulatory ?ood plain has ?ndmnl-=n.m£|}nl?llJ.I:h’Ifru’Fnk:rnl:=nmhL|JjI:b’L::hLdh:E&mu geodetic. Section 4.1.3 of the CRCA’s Planning Policy recommends a 15 metre horizontal setback from the regulatory ?ood plain to account for variations in the regulatory ?ood plain elevation, changes over ?lr:‘dnr|¥kud3hLhJnI|nruuuLnmlm?lq.L:hfHan£rln1iI1d=.d’u.FuI: time in the anticipated extent of the regulatory ?ood plain, and situations such as debris or ice jams that may affect ?ood levels. Staff note that the proposed location for the new building is not situated within 15 metres of the regulatory ?ood plain.

Erosion: The CRCA’s Planning Policy de?nes the erosion hazard limit as the sum of an allowance for toe erosion, a stable slope allowance of 3(h):1(v) for till shorelines and a minimum erosion access allowance of 6 metres. Based upon a review of relevant mapping data, staff have concluded that the

development will be located outside of the erosion hazard limit. Water Quality

|‘1:Tn’n’d:pn1"l::th|“jUFbJJ2i"E1-p.n.LI::.?tn:::%g&E::-:hh1’

The Township of South Frontenac Of?cial Plan recognizes the need to minimize lake impacts by phosphorous inputs, preventing erosion and maintaining natural appearances. Accordingly, reducing rninajphaqflmn-Iq11FnI:hjmnm:?I’L:hhu’nfub’uqq:.mutu.?.1?Tfy. have been included that can vary the setback from the highwater mark from 30 to 90 m |’?l:I.u|’.I.I.II.‘I.Ipolicies r|d1.dit?nai’.uIqf?l.|.tq:l’?Tmd’AH,|;|’.Il1’nIti:I’I1J11'1IDI depending on the site characteristics such as steepness of slope, vegetation cover soil depth and soil in-?d.H.|.m?lIh¢-I?ll????????g?l?lfd-l?l-.bl?H5-HE!-H??l???l?? phosphorus retention. In this instance, there is an existing legal non-complying structure on the property that is located 61 feet the highwater mark at its closest location to the shoreline. Eli-.£‘I’|::ItI.I:th|:‘F:I|:n-’.:nrh:|-I. Staff note that the proposal includes a from f|1’rL?l2n?’l’:h’:|’.n’I::|’:I:lunI.dZ.I’|::tm’.|1:|’.I.l’r&l. deck that will be located 54 feet from the highwater mark. luI:I’|:I.I’|J1’|.‘1?I.:|’|.:|.1’f’J’nIL”|’|’|‘la.IJF’|.Section 5.2.7 (b)(ii)(3) of the Of?cial Plan h||’::‘hl’rJ1’u’h::I.Id1-1fI.l:?TI’.d’.nH,|;I.Il:I’I.II: that reduction the setback only be considered indicates from if it is not physically possible or a may |H’.{|‘I.I:II.|I|’|IIIIJ!||I|II:|I| lHJIllt?:ilr¢1h]1H!‘EIE|‘IIhH1li:nIjIEH:’t-bi-II-H?lilfllb?ll environmentally desirable to meet the 30 metre setback requirement, and that there will be no negative mu’i11.HJ:-hH:I3hb_:EllriDu:&u?h:Im;.:iIn:d.:n1|ld’lnurJJ’hmt?w ‘::::tIt:I!.?’.’|i:t:|u:‘II|’:hI::|’.|.I5|1r. This section of the Of?cial Plan concludes with the following impacts to ?sh habitat or water quality. 1’H.II:H:r.:IIEI:’l’:E.:H.t’hn1I’.:|u:II:H:?.:E.[:|‘n’h.[ -|——I.. j-I. .II|J.— -I.-II I.- permitted J.to encroach –I. statement: “In no case shall an already encroaching structure be on the further setback fromthe highwater mark.” In consideration of the intent of Section 5 .2.7 of the Of?cial Plan, staff do not support further encroachment into the 30 metre water setback than the existing structure. jnjn.

1-

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Recommendation ‘.’lI?%.nd £:m1JaFq1:??:I’.H’i’-El-I1-L’hIluIE|:qIphclh1.?u’I’mn’n.iEI Staff recommend deferral of application MV-O9-19-L to allow the applicant to consider removing the :|:I:|’.:|J’:|‘tI-’::I’nI.:hI.r:I.n:|‘I’l’:-’.?’|.:I’:I’l:| the dwelling back slightly so that the deck that further encroaches into the water setback or to move rnI’II.II:|’|.Id’lII.|‘h1":I.I:I:.|I|?:I::.In.’.|’|.l’:|‘I mark is the highwater retained. distance foot from 61 original t?.?|ll1|!I1’IiZlI1-E|:I?‘Ill’|?’!-|‘f.?Tl’?l’?l|=|l|‘Il"lI’ '

sun-auumI.u& Ontario Regulation 148/06 The CRCA, under Ontario Regulation 148/06: Development, Interferencewith Wetlands, and -Tb?E?L|.dnI3nh-kJ—.|I.dinI-I:i.?6.h?-d;-n?..bh;huu-r?§Fn?:&.md J?nduI.ru£?u’:?.In’:-’l::Iuu’.n.:@.Huin’%I:En15nm’-Iif?ctqafhnl Alterations to Shorelines and Watercourses, regulates development within 15 metres of the top of bank waterbody. required for the proposed development. ?u” The of a Therefore, a CRCA permit will be u1’|‘I.lI?I’I.nt5I. ‘|’|’|.l’d’I’l.Ji.’.II|’..||.|’|.l’r:l’I’l’|lI hI.‘IIIq’.:I’dtI".|’|.I|;I1’I;a.d.duI’IIIuI’p.l’I’. information applicant will be required to contact the undersigned at the building permit stage |II.|rl:|Ifor more I’I-:I-I-I‘-I"-’l:I-I-I:I-Ii-I:-I: -|??:IJ’r.?‘H_nfnH:!?H-zrn-nd:+u’-1rI5|1r1r?Il’Hh1.r-gprwn regarding permitting requirements under Ontario Regulation 148/06. rI:I[I’&.;]I::?n;‘hI.1.u$I.?1IE|:|E’i2IFi.?:.lI5I?ILlI-I’HI. Please notify this of?ce of any decision made by the Committee of Adjustment with regard to this Tljuhffl?an?n-n£‘n.§’-im.nn:d:=h1th:|:fjafAd:I.d:::lIEI’fId=lH: application. If you have any general questions about these comments, please contact Andrew Schmidt at q1:tL’?m. ||‘r:nr-.In1F’-1Jp.j.::IIt:::‘b—::m.13.FI.:m:h:tJ..::IIIHdu’n:t: -’ extension 244 or by email to aschmidt@crca.ca. 546-4228 (613) f-|1-11JJ–II-‘aI’d-Ii!-|-lTI:|!_rI11l|=I=–l:|IIIu!?:I:L-:i’

Page 2 of 3

Page 99 of 126

Page 100 of 126

Page 101 of 126

Environmental Health Department [Street address] [City and postal code] [Phone number] 1-800-267-7875 Fax: [Fax number] http://www.kflapublichealth.ca

REQUESTS FOR COMMENTS To:

Application Number:

Secretary-Treasurer, committee of Adjustment Township of South Frontenac PO Box 100, 4432 George Street Sydenham, On K0H 2T0

MV-09-19-L

Type of Application or Proposal:

Minor Variance

Applicant Name(s):

Binnington, Rob

Location: Planning Department or Agency:

Comments:

Inspector:

Lot 8, Concession 11, 1136 Blakslee Lane

Township of South Frontenac (Loughborough)

KFL&A Public Health has no objection to the proposed minor variance.


Sarah VanDijk, CPHI(C), Public Health Inspector

Date:

April 04, 2019

PLEASE FORWARD A COPY OF THE NOTICE OF DECISION TO KFL&A PUBLIC HEALTH.

Page 102 of 126

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

Page 103 of 126

Page 104 of 126

rOWNSHlP OF SOUTH FRONTENAC APPLICAT?ON FOR MINOR VARIANCE Planning Act, R.S.0. 1990, c. P.13 as amended

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

F ronfage (On wafeQ: i’ C? l-" …-"]":’), V..?r:’

F ronfage (on road/Iane): ,il/" -7 a A" :’?a?

7

[)6pi5; i o4 f,, , 8 : 54-’-,’. .. l/ L7 ?.a’? @i , 9!L’, Ao4 /!%(BB; (() = ?(,’ (t-?Q?} /!

s. The current zoning of the subject Iand:

A’ .Z- ..S g,i,,]] 6. The nature and extent of the relief from the Zoning By-law:

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

t vx <’?z’a’a a < e-cl ,y4 e- /’ cj ,1l ‘F ] -2i-’-hvx,t-c)Fv}‘Ul ki’

  1. Does the subject property front on a municipally maintained road? € Yes ORaprivatelymaintainedroad? JYes €No

,aNo

Name of Road/Lane:

  1. 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.

,u/A r

  1. Whataretheexistingusesofthesubjectland?

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11 . Please indicate whether there are any EXIST?NG buildings or structures on the subject land. (I.e. residence, garage, shed, etc.) Page 105 of 126

‘)gl Yes

€ No

4

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

  1. If the answer to item 1 1 is yes, for EACH building or structure indicate: -(2) -

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

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1 3? The proposed uses of the subject land: .,i

. ,> 71

  1. Are any building(s) or structure(s), or additions to existing building(s) or structure(s), PROPOSED to be built on the subject land? IEN Yes

€No

Page 106 of 126

s

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

  1. If the answer to item 14 is yes, for each proposed addition, building or structure indicate: Type of Structure (E.g. residence)

<‘c N a-3 (5

(4)

(3)

(2)

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Setback lrom Flear Lot Line

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Outside Dimensions of

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High Water Mark (lf applicable)

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NOTES: 1 ) If the subject property is on waterfront, and on a private Iane, the setback from the front lot line and the setback from the high water mark will be the same?

  1. The dimensions required in this question relate to the NEW CONSTRUCTgON ONLY, and NOT to the total size of the completed building.
  1. Do your plans include any DFMOI ITION of existing structures?

3Yes

€No

If yes, please provide details: Page 107 of 126

Demrs ol } ?h ?’ w r- -!? ?17 T

< kFn-r2JZ,a

6

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

€ Yes

  1. DoyourplansincludetheRAISINGofanexistingstructure?

,EXNo

If yes, please provide details:

  1. Whataretheusesoftheproposeddevelopment? (a) Increase in number of bedrooms

? Yes

€No

(b) Increase in plumbing fixtures

[3 Yes

€No

(c) Increase in Iiving space

[JYes

€No

€ Yes

,0,No

(d) Will the addition or structure encroach on the existing septic system?

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

  1. The date the existing buildings and structures were constructed on the subject lands: 7

21 .The Iength of time that the existing uses of the subject Iand have continued: (j’ti.aiD==ov;o’?‘wi-iv!ct’< l ( ‘- < 7 ttji/-?’ alx,? / g’ /,J.,ya.?’,4:.?

  1. 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 Iake, or other water body, or other means:

f=aisz?-hJL-1 ,j,,3fi 4.,?:,i0ttr 4 l}

  1. Indicate whether sewage disposal is provided to the subject Iand by a publicly owned and

operated sewage system, a privately owned and operated individual or communal septic system, a privy, or other means: 4 .‘a

r

/ i

91z’kJoi’-’-A ?fytxy2<f’-’–.) tL"A,? a L 4.} ‘a”‘y -!kLl’l ' ‘7 /’

  1. Is storm drainage provided by sewers, ditches, swaIes or by other means? l} / Page 108 of 126

iCiD

7

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE

Planning Act, R.S.0. 1990, c. P.13 as amended

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

12!No

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

,M;‘A27. If known, please indicate whether the subject Iand has ever been the subject of an application under Section 43 of the Planning Act (Minor Variance). € Yes

p No

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

.) r /l

/l/ +’ j4 I

  1. A SKETCH must be submitted showing the following:

i) THE SKETCH MUST HAVE A NORTH ARROW AT THE TOP OF THE PAGE. ii) The boundaries and dimensions of the subject land including the Iocation of any existing and proposed buildings.

iii) Thelocationofareferencepoint……i.e.distancebetweenthesubjectlandandthe nearest township Iot Iine or Iandmark such as a bridge or railway crossing. iv)

The location of all abutting (neighbours’) Iands.

v)

The approximate location of all natural and artificial features on the subject land and on the Iand 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,

**Note: ** The distances to on-site and abutting owners’ wells, septic fields and barns, from the

property to be varied, 15 REQUIRED to be shown. The SKETCH is of significant !mportance and should be prepared as carefully, neatly and accurately as possible. Page 109 of 126

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Page 114 of 126

Page 115 of 126

TOWNSHIP OF SOUTH FRONTENAC APPL?CATION FOR MINOR VARIANCE

Planning Act, R.S.0. 1990, c. P.13 as amended

,.

'

.

i,i

,

File No:

Dgte Received:

1 . Name of Owner(s):

FullMailingAddressofOwner(

PhonenumberofOwner

  1. If the applicant is NOT the owner of the subject land, the written authorization of the owner that the applicant is authorized to make the application, must accompany the application.

NameofAuthorizedAgent: r,:(-1:,, /-’ 8,-iv’?v.‘i’-(c’-L<? FullMa!lingAddressofAuthor!zedAg 7

PhonenumberofAuthorizedAgent: .

EmailAddressofAuthoriz 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)

  1. The description of the subject Iand: District:

€ Bedford

Concession Number: l i

Street Number: ,’ j a:i -‘i’

,(” Loughborough

[1 Portland

€ Storrington

LotNumber: .’

NameofRoad/Sfreef: ;l:.’,)’:-r:a3. re-:? i:,’=.–

Reference Plan Number:

Part Number(s):

Roll Number: .:’.. t,.i.-.. - (r S ‘; ?’ l: ;" i ir2 -?ii- v -

3

Page 116 of 126

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE

Planning Act, R.S.0. 1990, c. P.13 as amended

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

Frontage (on water): ’ =l -:a .. : - 2-’

Frontage (on road/lane): a ..,- ’ -

/

[)6pilla. 1’ ?31,i (.. ,’ .g art-i:i +’ -( ? . / S? ,’ as a’ %(: ..(,‘p,(;f ’ Areaaa i!, :) = ‘7’ li’ <*-?,t2?>?,z,vo s. The current zoning of the subject land:

[;’, L S i,-J 6. The nature and extent of the relief from the Zoning By-law:

!?-<-?a<t?-w .,i? c-aeo? Ql-1 -AJ!(-1 ?-I-<?-t’=r? .’-

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aiwl t’lr,ltC0A-??q -?-mq lv-A-?r-{-c -! ,3-lr?. 7

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

l

.

i.

iii?

i

iis-

  1. Does the subject property front on a municipally maintained road? [ Yes ORaprivatelymaintainedroad? gYes €No

.D No

Name of Road/Lane:

6/tx ks/ez- A-a-nc 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 Iand and the nearest public road.

d/16 -{

  1. What are the existing uses of the subject land?

3P-ai?‘G7J CA-‘N e2 (! e7

11 . Please indicate whether there are any EXISTING buildings or structures on the subject land. (I.e. residence, garage, shed, etc.)

‘9 Yes € No

4

Page 117 of 126

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE

Planning Act, R.S.0. 1990, c. P.13 as amended

  1. If the answer to item 11 is yes, for EACH building or structure indicate: (1)

(2)

(3)

Type of Structure (E.g. residence)

(4) r-.’: 4 " -

Setback from Front Lot Line

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Setback from Rear Lot Line

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Side Lot Line %%

i i.- o{-=—a

– . v ’ -71 -

l

Height of Building (Also indicate if it is one story or two story)

Dimensions of Floor Area

.1.

li.

‘a

a’ ( . ; . " a

Setback from High Water Mark

a-t-:

‘,. - ,- ,:’ /i i

I

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(lf applicable)

  1. The proposed uses of the subject Iand: .4

, / ?

7

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? 0 Yes

€No

s

Page 118 of 126

TOWNSHIP OF SOUTH FRONTENAC APPL?CATION FOR MINOR VARIANCE

Planning Act, R.S.0. 1990, c. P.13 as amended

1 s. If the answer to item 14 is yes, for each proposed addition, building or structure indicate: m Type of Structure (E.g. residence)

(3),,

(2) , 1 :: ’ ./ .j I .j’ .a’

(4)

‘,/o ,’! . ..a i;-a..‘p’

I .,.. l’, t '

(’-

Setback from Front Lot Line

i .i’

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Setback from < -

Rear Lot Line

Setback from Side Lot Line

" - -’

..-.1r:,= ,! . ….. . ..I

, -.‘r . ’ —

–’ I -’-! ‘+(l.a , .(–

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Height of Building (Also indicate if it is one story or two story)

Outside Dimensions of

j’.

. a. l .- I I’.*a= =. = ‘1…. !….. s’ ..J . a. ,

r

I ‘o i ’l ..4..’–r. ‘1

Building/Structure

‘… .-’-’:a.l

. - ,#–

a

.. ‘i : i’: -’

Setback from ..‘a

High Water Mark (If applicable)

NOTES: 1 ) If the subject property is on waterfront, and on a private lane, the setback from the front lot Iine 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.

  1. DoyourplansincludeanyDEMOLITIONofexistingstructures? [.Yes

€No

If yes, please provide details:

Qi 61(-ij :,S, A, i zq .z?-q .,?’, -???‘q?- J(

6

Page 119 of 126

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE

Planning Act, R.S.0. 1990, c. P.13 as amended

  1. DoyourplansincludetheRAISINGofanexistingstructure?

€ Yes

.MNo

If yes, please provide details:

  1. What are the uses of the proposed development? (a) Increase in number of bedrooms

,[N Yes

€No

(b) Increase in plumbing fixtures

[3 Yes

€No

(c) Increase in living space

[]. Yes

€No

(d) Will the addition or structure encroach on the existing septic system?

€ Yes

,9No

1 9.The date the subject Iand was acquired by the current owner:

2?p=- = - ?-"<- < 20. The date the existing buildings and structures were constructed on the subject lands:

,e-?y;t,?-1 ,?/ !l( ! C ‘Si 7

21 .The length of time that the existing uses of the subject land have continued: Ct(,-i 7 .‘j ?-p-v ;’-a- vx,1, ) '

-’;’.

.

  1. Indicate whether water is provided to the subject Iand 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: .’?’

..?

r

7

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

??-‘rvkla-i e:s’?J >,o 24. Is storm drainage provided by sewers, ditches, swaIes or by other means?

,2,/, 7

Page 120 of 126

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE

Planning Act, R.S.0. 1990, c. P.13 as amended

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

El.No

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

-r?

  1. 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

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

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

The location of all abutting (neighbours’) lands.

v)

The approximate location of all natural and artificial features on the subject land and on the land that is adjacent to the subject Iand. 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.

**Note: ** The distances to on-site and abutting owners’ wells, septic fields and barns, from the property to be varied, 15 REQUIRED to be shown. The SKETCH is of significant importance and should be prepared as carefully, neatly and accurately as possible.

8

Page 121 of 126

Page 122 of 126

Page 123 of 126

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µ BINNINGTON MV-09-19-L 1136 BLAKSLEE LANE Gould Lake

Legend Property to which this minor variance applies Waterbody

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

Page 126 of 126

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Deline Lake Gould Lake Blue Lake

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

Scale 1:300 0

1.5

3

6

9

UTM Projection NAD 83

12 Meters

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