Committee Of Adjustment - 11 Jul 2019 - Agenda

Published July 11, 2019

Word Count 20626 words

Reading Time 97 min read

Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: July 11, 2019 Collection: Council Agendas Municipality: South Frontenac

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Document Text

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

7:00 PM, Thursday, July 11, 2019 Council Chambers.

Call to Order

Adoption of Agenda

Declaration of pecuniary interest

Approval of Minutes – June 13, 2019

New Consent Applications:

S-09-19-P RB Kingston Carpentry Ltd. Location: Part Lot 3, Concession 7, being Part 1 on Plan 13R7957, District of Portland, Township of South Frontenac, Jamieson Road. Purpose of Application: Consent to create one new vacant lot consisting of approximately 0.85 hectares (2.1 acres) with 76 metres (250 feet) of road frontage along Jamieson Road. The retained lands which contain a 1000 square foot drive shed will consist of approximately 1.87 hectares (4.63 acres) with approximately 160 metres (528 feet) of road frontage along Jamieson Road.

4 - 20

S-10-19-P RB Kingston Carpentry Ltd. Location: Part Lot 3, Concession 7, being Part 1 on Plan 13R7957, District of Portland, Township of South Frontenac, Jamieson Road. Purpose of Application: Consent to create one new vacant lot consisting of approximately 0.85 hectares (2.17 acres) with 76 metres (250 feet) of road frontage along Jamieson Road. The retained lands which contain a 1000 square foot drive shed will consist of approximately 0.996 hectares (2.46 acres) with approximately 85 metres (278 feet) of road frontage along Jamieson Road.

21 - 35

S-11-19-L (McFadden) Location: Part Lot 3, Concession 1, being Part 2, on Plan 13R5726, District of Loughborough, Township of South Frontenac, municipally known as 2929 Forest Road. Purpose of Application: Consent to create one new vacant lot consisting of approximately 1.25 hectares (3.1 acres) with approximately 76 metres (250 feet) of road frontage along Forest Road. The retained lands will consist of approximately 30 hectares (73.9 acres) with approximately 220 metres (722 feet) of road frontage along Forest Road which contains an existing single detached dwelling, detached garage and shed.

36 - 48

S-12-19-P (Redden) Location: Part Lot 8, Concession 4, being a part(s) on Plan 13R10879,

49 - 62

District of Portland, Township of South Frontenac, municipally known as 3873 Wilton Road & 3827 Wilton Road.

Purpose of Application: Consent to create one new lot, which lot unintentionally merged title with the retained lands, containing a single detached dwelling and consisting of approximately 0.93 hectares (2.3 acres) with 153 metres (504 feet) of road frontage on Wilton Road. The retained lot, which contains a single detached dwelling, barn and outbuildings, will consist of approximately 56.7 hectares (140 acres) with approximately 610 metres (2000 feet) of road frontage on Wilton Road.

Page 1 of 165

S-08-19-L (Kennedy) Location: Part Lot 21, Concession 9, District of Loughborough, Township

63 - 80

of South Frontenac, municipally known as 1206 Leland Road.

Purpose of Application: Consent to create one new vacant lot consisting of approximately 0.85 hectares (2.1 acres) with approximately 62.5 metres (205 feet) of frontage along Leland Road. The retained land, which is also vacant, consists of approximately 78.1 hectares (193 acres) and approximately 555 metres (1823 feet) of frontage along Leland road. 6.

New Minor Variance Applications:

MV-19-19-L (Kennedy (Green)) Location: Part Lot 21, Concession 9, District of Loughborough, Township of South Frontenac, municipally known as 1206 Leland Road. Purpose of Application: To reduce the minimum required lot frontage from 76 metres (250 feet) to 62.5 metres (205 feet). The applicant is seeking relief from Section 7.3.2 Rural Zone (RU), lot frontage minimum.

81 - 94

MV-20-19-P (Sauve) Location: Part Lot 5, Concession 11, being Part 1 on Plan 13R18274, District of Portland, Township of South Frontenac, municipally known as 1113 Willy’s Lane, Fourteen Island Lake. Purpose of Application: To reduce the waterbody setback from 30 metres (98.4 feet) to 21 metres (71.5 feet) to permit the construction of an attached deck to the dwelling located on the subject property. The applicant is seeking relief from Section 10.3.1 Limited Service Residential – Waterfront Zone Regulations and Section 5.8.2 a. Flooding and Shoreline Erosion Hazards which both require a 30 metre (98.4 feet) setback from the highwater mark and Section 5.10.2, Existing Buildings Within 30 Metres (98.4 feet) of a Waterbody or Watercourse which section does not permit enlargement of an existing structure within 30 metres of the highwater mark.

95 108

MV-11-19-B (Kimmett) Location: Part Lots 23 & 24, Concession 10, being Parts 1-3 & 8 on Plan 13R20629, District of Bedford, Township of South Frontenac, municipally known as 966 Lee Road, Wolfe Lake. Purpose of Application: To alter and enlarge a building or structure located within the 30 metre setback from the highwater mark and within 120 metres of the Provincially Significant Wetland, said building is located at 18 metres (60 feet) from the highwater mark/Provincially Significant Wetland. The height of the building will increase as will the overall footprint of the seasonal dwelling. The applicant is seeking relief from Section 5.10.2, Existing Buildings within 30 Metres (98.4 feet) of a Waterbody or Watercourse, 8.3.3 Waterfront Residential Zone (RW) Regulations, and Section 8.5 Special RW – Waterfront Residential Zones (RW-35).

109 123

MV-14-19-B (Olson) Location: Part Lot 28, Concession 7, being Part 1 on Plan 13R3661, 662 Dewitt Lane, District of Bedford, Township of South Frontenac Purpose of Application: To vary Section 5.8.2 a and Section 10.3.1 of the Township of South Frontenac Zoning Bylaw to reduce the waterbody setback from the highwater mark from 30 metres to 14.3 metres (47 ft) and an increase in height by 0.91 metres (3ft) for the

124 147

Page 2 of 165

demolition and reconstruction of a new cottage e)

MV-31-18-S Pajot (Gurr) Location: Part Lot 27, Concession 10, on Carrying Place Road, Cranberry Lake, District of Storrington, Township of South Frontenac Purpose of Application: To vary Section 5.8.2 a and 7.3.2 of the Township of South Frontenac Zoning Bylaw to increase the setback from the highwater mark of a waterbody from 30 metres (98.4ft) of a waterbody setback to 19.8 metres (65ft) to permit the construction of a new dwelling with attached garage on Cranberry Lake.

Other Business

Adjournment

148 165

Page 3 of 165

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

July 8, 2019

Application Nos: Owner: Location of Property:

S-09-19-P RB Kingston Carpentry Ltd. Part Lot 3, Concession 7, District of Portland, Township of South Frontenac, municipally known as Jamieson Road Purpose of Application: Consent to create one new lot Date of Hearing: July 11, 2019

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and pending comments received approve application S-09-19-P for the consent to create one new residential lot for Part Lot 3, Concession 7, District of Portland, municipally known as Jamieson Road. The application will be subject to conditions and pending receipt of comments from KFL&A Public Health indicating that the lot can be adequately serviced prior to the meeting.

Proposal An application for consent has been received for the creation of one new lot from an existing property at Part Lot 3, Concession 7, District of Portland, located at the north side of Jamieson Road (see attached map). The existing lot has approximately 778 feet (237 metres) of frontage on Jamieson Road, consists of 6.72 acres (2.72 ha) and contains an existing 1000 ft2 drive shed at the northeast corner of the property. The applicant is proposing to sever the western portion of the lot consisting of approximately 2.1 acres (0.85 ha) of vacant land with 250 feet (76 metres) of frontage. The retained lot will be approximately 4.63 acres (1.87 ha) with approximately 528 feet (160 metres) of frontage. The retained lot will contain the existing drive shed at the northeast corner of the site. The Minimum Distance Separation 1 calculation was completed for the three surrounding farm properties at 3779 Jamieson Road, 3739 Jamieson Road and 3774 Jamieson Road located in proximity to the subject lands. Based on the calculation, it appears that the proposed lot will be located outside the setback requirement. S-09-19-P Consent application S-09-19-P is for the creation of one new lot consisting of approximately 2.1 acres (0.85 ha) of land with approximately 250 feet (76 metres) of frontage along Jamieson Road. The lands to be severed consist of a vacant lands of which two thirds of the property is wooded. Existing farm properties surround the subject property. Retained Lot The retained lands will consist of approximately 4.63 acres (1.87 ha) with 528 feet (160 metres) of frontage along Jamieson and are presently vacant. An existing 1000 ft2 drive shed is located at the northeast corner of the subject lands in a wooded location and is not visible from Jamieson Road. The retained lands are subject to consent application S-10-19-P for consent to create a second vacant lot in similar dimensions and will be vacant.

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 Rural Yes Rural Yes

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 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 2.1 acres (0.85 ha) meets the minimum lot size of 8,000 m2 (2 acres) in the Rural (RU) Zone. Section 1.1.5.5 states that development shall be appropriate to the infrastructure which is planned or available, and avoid the need for the unjustified and/or uneconomical expansion of this infrastructure. 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 is vacant with two thirds of the property being wooded. Construction of a single detached dwelling would be located outside the existing wooded area. 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 3.3 Rural Lands provides policies for all lands outside of the settlement areas. The Plan recognizes that rural lands are used as an alternative location for those preferring a rural lifestyle. The proposed consent application meets the lot requirements to accommodate for the existing single family dwelling. The retained lands provide for a lot area to provide for sufficient area to sever a second parcel. Township of South Frontenac Official Plan, 2003 The subject property is designated as Rural in the Township of South Frontenac Official Plan. Policies of the Rural designation speak to permitting development that is consistent with maintaining the Township’s rural, natural heritage, and cultural landscape. Section 5.7.4 Rural Residential Policies permit limited non-agricultural development within the Rural area. The minimum lot sizes are required to be 2 acres (0.8 hectares) with 76 metres (250 feet) of frontage along a public road. A maximum of three rural residential severances may be permitted from a lot existing as of the date of adoption of the plan. Given the size of the existing property, there is the potential for two severed and one retained lots. Township of South Frontenac Zoning Bylaw The subject property is zoned Rural (RU) in the Township Zoning Bylaw. The intent of the Rural zoning is to permit a variety of uses including agricultural and residential. The severed and retained lands will remain in the Rural Zone. The consent application will create one new residential lot that complies with the required lot frontage of 76 metres (250 feet) and will meet the minimum required lot area of 8000 m2 (2 acres) as the proposed lot will be 0.85 ha (2.1 acres). The retained lands will exceed the minimum of requirements for road frontage and area.

Agency Analysis and Comments Public Works Department – Public Works noted that the entrance locations will be reviewed and approved during the entrance permit application process to achieve required spacing from each lot and for visibility. The applicant is required to provide a lot grading and drainage plan to ensure post development does not result in negative impact to adjacent properties and that water is redirected away from the house. KFL&A Public Health – KFL&A Public Health have not provided formal comments at the time of writing. Planning staff are recommending approval of the application pending the receipt of formal comments from KFL&A Public Health confirming the site can be adequately serviced. If comments are not provided in advance of the meeting, planning staff recommend the application be deferred.

Page 5 of 165

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Public Comments – One member of the public called on July 3, 2019 to indicate that a letter would be submitted to the Township addressing their concerns with the application. A site visit was completed by planning staff on July 3, 2019

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

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

Recommended Conditions for the Consent Application S-09-19-P Expiry Period

Conditions imposed must be met within one year of the date of notice of decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within one year, the application shall be deemed to be refused. Provided the conditions are fulfilled within one year, the application is valid for two years from the date of notice of decision. Severed Lands
The land to be severed by Consent Application S-09-19-P shall be for the creation of one new lot with an area of approximately 2.1 acres (0.85 ha) and 250 feet (76 metres of frontage along Jamieson Road). Survey/Reference Plan or Registerable Description
An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)]. Road Widening
The surveyor who prepares the reference plan referred to in Condition #3 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is 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;

Page 6 of 165

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Municipal Requirements 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-09-19-P, 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. 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-09-19-P. 9. 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 10. Where a violation of the Township of South Frontenac Comprehensive Zoning Bylaw is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Municipality. Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Attachments: Map of RB Kingston Carpentry Ltd. property.

Page 7 of 165

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RB Kingston Carpentry LTD S-09-19-P

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JAMIESON RD

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RB Kingston Carpentry Ltd. Property

Proposed Parcels Parcel Fabric

Waterbodies Proposed Parcel # 1

Proposed Parcel # 2

Retained Parcel

Water Area, Permanent Wetland Area, Permanent Provincially Significant Wetlands Wetland

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

Page 19 of 165

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

July 8, 2019

Application Nos: Owner: Location of Property:

S-10-19-P RB Kingston Carpentry Ltd. Part Lot 3, Concession 7, District of Portland, Township of South Frontenac, municipally known as Jamieson Road Purpose of Application: Consent to create one new lot Date of Hearing: July 11, 2019

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and pending comments received approve application S-10-19-P for the consent to create one new residential lot for Part Lot 3, Concession 7, District of Portland, municipally known as Jamieson Road. The application will be subject to conditions and pending receipt of comments from KFL&A Public Health indicating that the lot can be adequately serviced prior to the meeting.

Proposal An application for consent has been received for the creation of one new lot from an existing property at Part Lot 3, Concession 7, District of Portland, located at the north side of Jamieson Road (see attached map). The existing lot has approximately 778 feet (237 metres) of frontage on Jamieson Road, consists of 6.72 acres (2.72 ha) and contains an existing 1000 ft2 drive shed at the northeast corner of the property. The applicant is proposing to sever a lot midway consisting of approximately 2.17 acres (0.88 ha) of vacant land with 250 feet (76 metres) of frontage. The retained lot will be approximately 2.46 acres (0.996 ha) with approximately 85 metres (278 feet) of frontage. The Minimum Distance Separation 1 calculation was completed for the three surrounding farm properties located at 3779 Jamieson Road, 3739 Jamieson Road and 3774 Jamieson Road located in proximity to the subject lands. Based on the calculation, it appears that the proposed lot will be located outside the setback requirement. S-10-19-P Consent application S-10-19-P is for the creation of one new lot consisting of approximately 2.17 acres (0.88 ha) of land with approximately 250 feet (76 metres) of frontage along Jamieson Road. The lands to be severed are vacant agricultural lands. Existing farm properties surround the subject property. Retained Lot The retained lands will consist of approximately 2.46 acres (0.88 ha) with 278 feet (85 metres) of frontage along Jamieson and are presently vacant. An existing 1000 ft2 drive shed is located at the northeast corner of the subject lands in a wooded location and is not visible from Jamieson Road. The retained lands are subject to consent application S-09-19-P for consent to create a vacant residential lot in similar dimensions to the west of the parcel in this application which contains an existing 1000 ft drive shed in the retained parcel.

Yes Rural Yes Rural Yes

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 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 2.17 acres (0.88 ha) meets the minimum lot size of 8,000 m2 (2 acres) in the Rural (RU) Zone. Section 1.1.5.5 states that development shall be appropriate to the infrastructure which is planned or available, and avoid the need for the unjustified and/or uneconomical expansion of this infrastructure. 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 is vacant agricultural lands. There are no existing features on site that would restrict the future development of a single detached dwelling. 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 3.3 Rural Lands provides policies for all lands outside of the settlement areas. The Plan recognizes that rural lands are used as an alternative location for those preferring a rural lifestyle. The proposed consent application meets the lot requirements to accommodate for the existing single family dwelling. The retained lands provide for a lot area to provide for sufficient area to permit the future development of a single detached dwelling. Township of South Frontenac Official Plan, 2003 The subject property is designated as Rural in the Township of South Frontenac Official Plan. Policies of the Rural designation speak to permitting development that is consistent with maintaining the Township’s rural, natural heritage, and cultural landscape. Section 5.7.4 Rural Residential Policies permit limited non-agricultural development within the Rural area. The minimum lot sizes are required to be 2 acres (0.8 hectares) with 76 metres (250 feet) of frontage along a public road. A maximum of three rural residential severances may be permitted from a lot existing as of the date of adoption of the plan. Given the size of the existing property, there is the potential for two severed and one retained lots. Township of South Frontenac Zoning Bylaw The subject property is zoned Rural (RU) in the Township Zoning Bylaw. The intent of the Rural zoning is to permit a variety of uses including agricultural and residential. The severed and retained lands will remain in the Rural Zone. The consent application will create one new residential lot that complies with the required lot frontage of 76 metres (250 feet) and will meet the minimum required lot area of 8000 m2 (2 acres) as the proposed lot will be 0.88 ha (2.17 acres). The retained lands will comply with the zoning provisions of the Rural (RU) Zone.

Page 22 of 165

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

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

Recommended Conditions for the Consent Application S-10-19-L Expiry Period

Conditions imposed must be met within one year of the date of notice of decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within one year, the application shall be deemed to be refused. Provided the conditions are fulfilled within one year, the application is valid for two years from the date of notice of decision. Severed Lands
The land to be severed by Consent Application S-10-19-P shall be for the creation of one new lot with an area of approximately 2.17 acres (0.88 ha) of vacant land with 250 feet (76 metres) of frontage along Jamieson Road. Survey/Reference Plan or Registerable Description
An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)]. Road Widening
The surveyor who prepares the reference plan referred to in Condition #3 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is 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;

Page 23 of 165

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Municipal Requirements 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-10-19-P, 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. 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-10-19-P. 9. 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 10. Where a violation of the Township of South Frontenac Comprehensive Zoning Bylaw is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Municipality. Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Attachments: Map of RB Kingston Carpentry Ltd. property. Site Visit: July 3, 2019

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Page 34 of 165

Scale 1:1,540

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Page 35 of 165

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

July 4, 2019

Application Nos: Owner: Location of Property:

S-11-19-L Robert McFadden Part Lot 3, Concession 1, Part 2 on Plan 13R5726 District of Loughborough, Township of South Frontenac, municipally known as 2929 Forest Road Purpose of Application: Consent to create one new lot Date of Hearing: July 11, 2019

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and pending comments received approve application S-11-19-L for the consent to create one new residential lot for Part Lot 3, Concession 1, Part 2 on Plan 13R5726, District of Loughborough, Township of South Frontenac, municipally known as 2929 Forest Road. The application will be subject to conditions and pending receipt of comments from KFL&A Public Health indicating that the lot can be adequately serviced prior to the meeting.

Proposal An application for consent has been received for the creation of one new lot from an existing property at Part Lot 3, Concession 1, Part 2 on Plan 13R5726, District of Loughborough, located at the south side of Forest Road (see attached map). The existing lot has approximately 972 feet (296.27 metres) of frontage on Forest Road consists of 77 acres (31.16 ha) and contains an existing house and outbuilding on the property. The applicant is proposing to sever a lot to the west of the existing dwelling consisting of approximately 3.1 acres (1.25 ha) of vacant land with 250 feet (76 metres) of frontage along Forest Road. The retained lot will be approximately 73.9 acres (29.9 ha) with approximately 220 metres (722 feet) of frontage and will contain the existing house and outbuilding. The property is generally level with a treed area located to the east and west of the existing dwelling. Portions of the retained lands to the south are identified as containing wetlands. The applicant severed two lots in 2012 which were approved through consent applications S-33-12-L and S-34-12L. The lots were created at the northwest and northeast corners of the subject property. S-11-19-L Consent application S-11-19-L is for the creation of one new lot consisting of approximately 3.1 acres (1.25 ha) of land with 250 feet (76 metres) of frontage along Forest Road. The lands to be severed are vacant agricultural lands. There are no existing farm properties surrounding the subject property. Retained Lot The retained lot will be approximately 73.9 acres (29.9 ha) with approximately 220 metres (722 feet) of frontage and will contain the existing house and outbuilding. The property contains areas that are wooded to the east of the existing dwelling with some existing wetlands to the south of the residence.

Yes Rural Yes Rural Yes

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Section 1.1.5 of the PPS permits limited residential development. It requires development be compatible with the rural landscape and can be sustained by rural service levels. Development shall be appropriate to the infrastructure planned or available. The proposed lot area of 3.1 acres (1.25 ha) and 250 feet (76 metres) of road frontage meets the minimum lot size and minimum lot frontage in the Rural (RU) Zone. The retained parcel exceeds the minimum zone provisions of the Rural (RU) Zone. 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 is developed with an existing dwelling and outbuilding. The application for consent is the final permitted severance for the subject lands. No further development is proposed for the retained lands. 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 3.3 Rural Lands provides policies for all lands outside of the settlement areas. The Plan recognizes that rural lands are used as an alternative location for those preferring a rural lifestyle. The proposed consent application meets the lot requirements to accommodate for the existing single family dwelling. The retained lands will maintain the existing residential dwelling and outbuilding with no further development proposed. Township of South Frontenac Official Plan, 2003 The subject property is designated as Rural in the Township of South Frontenac Official Plan. Policies of the Rural designation speak to permitting development that is consistent with maintaining the Township’s rural, natural heritage, and cultural landscape. Section 5.7.4 Rural Residential Policies permit limited non-agricultural development within the Rural area. The minimum lot sizes are required to be 2 acres (0.8 hectares) with 76 metres (250 feet) of frontage along a public road. A maximum of three rural residential severances may be permitted from a lot existing as of the date of adoption of the plan. No further consent applications would be permitted from the retained lands as the applicant has reached the maximum permitted consent applications. Township of South Frontenac Zoning Bylaw The subject property is zoned Rural (RU) in the Township Zoning Bylaw. The intent of the Rural zoning is to permit a variety of uses including agricultural and residential. The severed and retained lands will remain in the Rural Zone. The consent application will create one new residential lot that complies with the required lot frontage of 76 metres (250 feet) and will meet the minimum required lot area of 8000 m2 (2 acres) as the proposed lot will be 1.25 ha (3.1 acres). The severed and retained lands will comply with the zoning provisions of the Rural (RU) Zone.

Agency Analysis and Comments Public Works Department – An entrance permit will be required. The applicant is required to provide a lot grading and drainage plan to ensure post development does not result in negative impact to adjacent properties and that water is redirected away from the house. KFL&A Public Health – KFL&A Public Health have not provided formal comments at the time of writing. Planning staff are recommending approval of the application pending the receipt of formal comments from KFL&A Public Health confirming the site can be adequately serviced. If comments are not provided in advance of the meeting, planning staff recommend the application be deferred. Public Comments – No comments have been received from the public to date. A site visit was completed by planning staff on July 3, 2019

Page 37 of 165

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Conclusion The consent application conforms with the PPS, County Official Plan, South Frontenac Official Plan and Zoning By-law subject to the recommended conditions:

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

Recommended Conditions for the Consent Application S-11-19-L Expiry Period

Conditions imposed must be met within one year of the date of notice of decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within one year, the application shall be deemed to be refused. Provided the conditions are fulfilled within one year, the application is valid for two years from the date of notice of decision. Severed Lands
The land to be severed by Consent Application S-11-19-L shall be for the creation of one new lot with an area of approximately 3.1 acres (1.25 ha) of vacant land with 250 feet (76 metres) of frontage along Forest Road. Survey/Reference Plan or Registerable Description
An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)]. Road Widening
The surveyor who prepares the reference plan referred to in Condition #3 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is 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. Page 38 of 165

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 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-11-19-L, 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. 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-11-19-L. 9. 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 10. Where a violation of the Township of South Frontenac Comprehensive Zoning Bylaw is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Municipality. Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Attachments: Map of McFadden property. Site Visit: July 3, 2019

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Inset Map

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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.

Page 47 of 165

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Page 48 of 165

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

June 28, 2019 S-12-19-P Larry & Constance Redden Part Lot 8, Concession 4, being a part(s) on Plan 13R10879, District of Portland, Township of South Frontenac, municipally known as 3873 Wilton Road & 3827 Wilton Road. Purpose of Application: Consent to create one new lot Date of Hearing: July 11, 2019

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and pending comments received approve application S-12-19-P for consent to create one new lot at Part Lot 8, Concession 4, being a part(s) on Plan 13R10879, District of Portland, Township of South Frontenac, municipally known as 3873 Wilton Road & 3827 Wilton Road.

Proposal An application for consent has been received for the creation of one new lot from an existing farm property at Part Lot 8, Concession 4, being a part(s) on Plan 13R10879, District of Portland, Township of South Frontenac, municipally known as 3873 Wilton Road & 3827 Wilton Road. The subject property is located on the west side of Wilton Road, with a portion of the lands located within the Harrowsmith hamlet boundary (see attached map). The subject lands, retained and severed were historically two separate parcels until the applicants’ son was removed from the title of the farm property, therein causing the two properties to merge on title unintentionally. The lands are developed with two single detached dwellings, detached garage, barn and outbuildings. The applicants are proposing to sever approximately 0.93 hectares (2.3 acres) of land with 153 metres (504 feet) of frontage along Wilton Road, effectively severing the unintentional merged land as they were prior to the merger. The retained farm property will contain approximately 56.7 hectares (140 acres) with approximately 610 metres (2000 feet) of frontage along Wilton Road. The severed parcel will maintain a single detached dwelling and detached garage. The retained parcel will maintain a single detached dwelling with barn and outbuildings. S-12-19-P Consent application S-12-19-P is for the creation of one new lot consisting of approximately 0.93 hectares (2.3 acres) of land with 153 metres (504 feet) of frontage along Wilton Road and is municipally known as 3873 Wilton Road. The severed parcel will maintain a single detached dwelling with detached garage. No development is proposed for the severed lands. Retained Lot The retained land consists of approximately 56.7 hectares (140 acres) with approximately 610 metres (2000 feet) of frontage along Wilton Road and is municipally known as 3827 Wilton Road. The retained land will maintain a single detached dwelling, barn 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 2.3 acres (0.93 Page 49 of 165

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 Harrowsmith. 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 southwest corner of the hamlet of Harrowsmith. 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 near the southerly edge of the hamlet of Harrowsmith 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.

Agency Analysis and Comments Public Works Department – Public works was not circulated as both the severed and retained lands have existing entrances on Wilton Road. Cataraqui Region Conservation Authority (CRCA) – The CRCA was not circulated as this application is outside their regulated area. KFL&A Public Health – KFL&A Public Health was not circulated as the single family dwellings on the severed and retained lands are existing with existing septic systems and there is no new proposed 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 July 3, 2019.

Recommended Conditions Expiry Period

Conditions imposed must be met within one year of the date of notice of decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within one year, the application shall be deemed to be refused. Provided the Page 50 of 165

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 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 0.93 hectares (2.3 acres) of land with approximately 153 metres (504 feet) of frontage along Wilton 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. The Owner shall apply, through their lawyer, for an Application to Consolidate, which shall be registered on title as soon as possible to ensure the subject property consists of a single Property Identification Number (PIN). The new PIN shall be obtained from the Land Registry Office before the Transfer and Certificate of Official are prepared as the new PIN shall be used to prepare the Transfer and Certificate of Official. 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. 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. Road Widening 7. 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.

Page 51 of 165

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Zoning

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: Michelle Hannah, Planning Assistant, Township of South Frontenac Approved by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Attachments: Map of Page property.

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Inset Map

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

July 8, 2019

Application Nos: Owner: Location of Property:

S-08-19-L & MV-19-19-L Kelsey Kennedy (Clifford & Geraldine Green) Part Lot 21, Concession 9, District of Loughborough, Township of South Frontenac, municipally known as 1206 Leland 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: July 11, 2019

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and pending comments received approve application S-08-19-L for the consent to create one new residential lot and approve application MV-19-19-L to permit reduced road frontage for the new lot on Part Lot 21, Concession 9, District of Loughborough, municipally known as 1206 Leland 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 21, Concession 9, District of Loughborough, municipally located at the east side of 1206 Leland Road (see attached map). The existing lot has 2028 feet (618 metres) of frontage on Leland Road along the south and east sides of the property and is presently vacant. The applicant is proposing to sever approximately 2.1 acres (0.85 ha) of vacant land with 205 feet (62.5 metres) of frontage. A minor variance is required for the severed lot as the required frontage is 76 metres (250 feet) road frontage and the frontage will be deficient by 45 feet (13.7 metres). The retained lot will be approximately 193 acres (78.1 ha) with 1823 feet (555.65 metres) of frontage on a maintained road. The retained lot is a vacant parcel. S-08-19-L Consent application S-08-19-L is for the creation of one new lot consisting of approximately 2.1 acres (0.85 ha) of land with approximately 205 feet (64.7 metres) of frontage along Leeland Road municipally known as 1206 Leland Road. The lands to be severed consist of vacant woodlands situated to the north of a creek tributary which is located approximately 200 feet (60.96 metres) to the southeast of the severed lands. Existing single detached dwellings are located to the north and south of the severed lot. The proposed dwelling is to be located 142 feet (43.28 metres) from the front yard and set back 115.3 feet (35.14 metres) from the southern interior lot line and 39.7 feet (12.1 metres) to the northern interior lot line. The house will be approximately 220 feet (67.06 metres) from the rear yard lot line. Retained Lot The retained lands will consist of approximately 193 acres (78.1 ha) with 1823 feet (555.65 metres) of frontage along Leland Road and are presently vacant. Existing unevaluated wetlands are located at the northern portion of the subject lands and to the south of the proposed severed parcel. No development is proposed for the retained lands. MV-19-19-L 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 (2 feet) as per Section 7.3.2 Rural Zone.

Section 7.3.2 a.: The minimum required frontage shall be 76 metres (250 feet). Requested variance from this section: a. Proposed lot frontage: 62.5 metres (205 feet) (variance of 13.5 metres or 45 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 63 of 165

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?

Yes Rural and Environmental Protection Yes Rural No (minor variance application MV-19-19-L submitted for reduced lot frontage)

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. 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 2.1 acres (0.85 ha) meets the minimum lot size of 8,000 m2 (2 acres) in the Rural (RU) Zone. Section 1.1.5.5 states that development shall be appropriate to the infrastructure which is planned or available, and avoid the need for the unjustified and/or uneconomical expansion of this infrastructure. 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 is a wooded property located to the north of an existing wetland. The Cataraqui Region Conservation Authority are satisfied that the severed and retained lots appear to contain suitable development envelopes outside of the required watercourse setback and erosion hazard and have no concerns with the applications. 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 3.3 Rural Lands provides policies for all lands outside of the settlement areas. The Plan recognizes that rural lands are used as an alternative location for those preferring a rural lifestyle. The proposed consent application meets the lot requirements to accommodate for the existing single family dwelling. Section 7. Environment Sustainability and specifically Section 7.1.4 Wetlands speak to the importance of providing a wide variety of ecological, economic and social benefits for both humans and wildlife including the protection of wetlands. The retained lands provide for a sufficient area to support future development and to maintain the existing unevaluated wetlands on the property. Township of South Frontenac Official Plan, 2003 The subject property is designated as Rural and Environmental Protection in the Township of South Frontenac Official Plan. The Environmental Protection designation applies to lands which play an important role in the preservation of the Township’s natural heritage systems including wetlands, watercourses and lakes and significant portions of habitat of threatened or endangered species. The boundary of the proposed lot is not in proximity to the lands located in the Environmental Protection designation. Policies of the Rural designation speak to permitting development that is consistent with maintaining the Township’s rural, natural heritage, and cultural landscape. Section 5.7.4 Rural Residential Policies permit limited non-agricultural development within the Rural area. The minimum lot sizes are required to be 2 acres (0.8 hectares) with 76 metres (250 feet) of frontage along a public road. A maximum of three rural residential severances may be permitted from a lot existing as of the Page 64 of 165

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT date of adoption of the plan. The property has not reached the maximum permitted severance potential. Township of South Frontenac Zoning Bylaw The subject property is zoned Rural (RU) in the Township Zoning Bylaw. The intent of the Rural zoning is to permit a variety of uses including agricultural and residential. The severed and retained lands will remain in the Rural Zone. The consent application will create one new residential lot that is slightly deficient in frontage, and will meet the minimum required lot area of 8000 m2 (2 acres) as the proposed lot will be 0.85 ha (2.1 acres). The applicant has applied for a minor variance to recognize the deficient lot frontage of 62.5 metres (205 feet). The retained lands will exceed the minimum of requirements for road frontage and area.

Agency Analysis and Comments Public Works Department – Public Works noted that that the entrance will be required to be located near the peak of the hill for optimal sight lines. An entrance permit will be required. The applicant is required to provide a lot grading and drainage plan to ensure post development does not result in negative impact to adjacent properties and that water is redirected away from the house. The road widening is required as per the plan prepared by the surveyor. KFL&A Public Health – KFL&A Public Health have indicated in their July 4, 2019 comments that solid 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. The proposed lot is capable of providing flexibility in siting a sewage disposal system, dependent on the proposal submitted through an Application to Construct a Sewage System. Cataraqui Region Conservation Authority – The CRCA have indicated in their July 2, 2019 comments that they have no objection to the approval of applications S-08-19-L or MV-19-19-L based on their consideration for natural hazards, natural heritage, and water quality or quantity policies. The applicant is subject to Ontario Regulation 148/06 as a portion of the lot to be severed and the retained lot are subject to the regulation. The applicant is required to contact the CRCA at the building permit stage for more information regarding permitting requirements. Public Comments – No comments have been received from the public to date. A site visit was completed by planning staff on July 3, 2019, to review the severance and minor variance applications.

Recommended Conditions Conclusion The consent application conforms with the PPS, County Official Plan and South Frontenac Official Plan subject to the recommended conditions: The proposed application to permit the reduction of the lot frontage of a new lot at Part Lot 21, Concession 9, District of Loughborough, Township of South Frontenac, municipally known as 1206 Leland 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 62.5 metres (205 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 slightly larger in area

Page 65 of 165

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT • The variance is desirable for the appropriate development of the lands in question as the proposed dwelling will maintain existing trees to the north and south to buffer the proposed dwelling from neighbouring properties and will be located outside the wetland to the south • The variance is minor as the proposed dwelling on the property along Leland Road will not be visible from the existing residential dwellings and will maintain the existing tree cover

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

Minor Variance Application (MV-19-19-L)

Minor variance is to recognize reduced frontage of 62.5 metres (205 feet) for the reduction of the minimum lot frontage as submitted with Minor Variance application (MV-19-19-L).
Minor variance shall take effect upon final approval of consent application S-08-19-L.
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.
Minor variance MV-19-19-L 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-08-19-L Expiry Period

Conditions imposed must be met within one year of the date of notice of decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within one year, the application shall be deemed to be refused. Provided the conditions are fulfilled within one year, the application is valid for two years from the date of notice of decision. Severed Lands
The land to be severed by Consent Application S-08-19-L shall be for the creation of one new lot with an area of approximately 2.1 acres (0.85 ha) and 205 feet (62.5 metres of frontage along Leeland Road. Survey/Reference Plan or Registerable Description
An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)]. Road Widening
The surveyor who prepares the reference plan referred to in Condition #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; Page 66 of 165

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Municipal Requirements 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-08-19-L, 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. 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-08-19-L. 9. 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 10. Where a violation of the Township of South Frontenac Comprehensive Zoning Bylaw is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Municipality. Submitted by: Trudy Gravel, CPT, AMCT, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Attachments: Map of Kennedy (Green) property Site Visit: July 3, 2019

Page 67 of 165

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Water Area, Permanent Wetland Area, Permanent Provincially Significant Wetlands

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KFL&A Public Health

http://www.kflapublichea|th.ca

CONSENTTO SEVER INSPECTION REPORT

Environmental Health Department

Receipt Number: SK-24-2019

File Number: S-O8~19-L Owner(s):

Green, Clifford & Geraldine Ward / Former Township: Loughborough

Municipality:

Township of South Frontenac Concession: 9

Lot:

Registered Plan:

Part(s):

Plan of Subdivision:

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

Severed:

Wooded area

Retained:

Wooded area

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. Depth of Soil

Severed

may

0.0 m 0.3 m

Retained Not Assessed

1.5 m

Percolation rate (estimated): [min/

Percolation rate (estimated): 50 min/cm

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

Suitability for on-site sewage disposal:

SEVERED [7

Conditions:

Satisfactory Unsatisfactory Site Flexible Site Specific

RETAINED

Soil conditions found on the lot will require additional suitable granular soil to construct a sewage disposal system. Speci?c requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to site development. The proposed lot is capable of providing flexibility in siting a sewage disposal system, dependent on the proposal submitted through an Application to Construct a Sewage System.

Conditions:

Satisfactory

nsa « is actory Site Flexible Site Specific

Sarah Van Dijk CPHl(CL Public Health Inspector

Inspector:

l(11/ A@)

Approved:

Date:

July 04, 2019

PLEASEFORWARD A COPY OF THE NOTICE OF DECISIONTO KFL&APUBLIC HEALTH. Pesr ona Ii nformat ion ont h IS fo rrn is :0 ct e dund e r the aut hurity 0 fthe ui ding C de Act and will be used for the administration of PublicHealth program Any qu es t non 5 a be ut t he collection of t hlS in format ion sho uld be dire ted t th Manager of EnvironmentalHealth, KFL&APublic 267-7875. , 221 1V5.()613 549 -2 1 32 ext 1243 r1-8 enue, K‘in gst o Ontar ioK H

Page 80 of 165

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

July 8, 2019

Application Nos: Owner: Location of Property:

Section 7.3.2 a.: The minimum required frontage shall be 76 metres (250 feet). Requested variance from this section: a. Proposed lot frontage: 62.5 metres (205 feet) (variance of 13.5 metres or 45 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 81 of 165

Yes Rural and Environmental Protection Yes Rural No (minor variance application MV-19-19-L submitted for reduced lot frontage)

Page 83 of 165

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

Minor Variance Application (MV-19-19-L)

Minor variance is to recognize reduced frontage of 62.5 metres (205 feet) for the reduction of the minimum lot frontage as submitted with Minor Variance application (MV-19-19-L).
Minor variance shall take effect upon final approval of consent application S-08-19-L.
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.
Minor variance MV-19-19-L 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-08-19-L Expiry Period

Conditions imposed must be met within one year of the date of notice of decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within one year, the application shall be deemed to be refused. Provided the conditions are fulfilled within one year, the application is valid for two years from the date of notice of decision. Severed Lands
The land to be severed by Consent Application S-08-19-L shall be for the creation of one new lot with an area of approximately 2.1 acres (0.85 ha) and 205 feet (62.5 metres of frontage along Leeland Road. Survey/Reference Plan or Registerable Description
An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)]. Road Widening
The surveyor who prepares the reference plan referred to in Condition #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; Page 84 of 165

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Kennedy \ GREEN S-08-19-L

1206 LELAND RD

Legend Proposed Severance Green Property Parcel Fabric

Waterbodies Retained Parcel

Water Area, Permanent Wetland Area, Permanent Provincially Significant Wetlands

Lower Awada Lake

Proposed Severance

Wetland

River / Stream

Page 92 of 165

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LELAND ROAD

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UTM Projection NAD 83

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

July 4, 2019

Application No: Owner: Location of Property:

MV-20-19-P Sauve Part Lot 5, Concession 11, being Part 1 on Plan 13R18274, District of Portland, Township of South Frontenac, municipally known as 1113 Willy’s Lane, Fourteen Island Lake Purpose of Application: To vary Sections 10.3.1, 5.8.2a and 5.10.2 of the Township of South Frontenac Zoning By-law to permit an attached deck to an existing seasonal dwelling located in the Limited Services Residential – Waterfront (RLSW) Zone. Date of Hearing: July 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-20-19-P, subject to conditions.

Proposal An application for minor variance has been submitted to permit a deck that has been constructed at the north side of the existing cottage located within the 30 metre setback of the highwater mark of Fourteen Island Lake for a property addressed as 1113 Willy’s Lane. Relief is being sought to vary Sections 10.3.1, 5.8.2a and 5.10.2 of the Township’s Comprehensive Zoning By-Law to permit the attached deck to be located within the 30 metre setback to the highwater mark. The request is to reduce the setback from 30 metres (98.4 feet) to 21.8 metres (71.5 feet) from the highwater mark of Fourteen Island Lake located in the Limited Services Residential Waterfront (RLSW) Zone. The request includes the request to vary Section 5.10.2 Existing Buildings Within 30 (98.4 feet) of a Waterbody or Watercourse which does not permit enlargement of an existing structure within 30 metres of the highwater mark. The owner is required to obtain a minor variance from the Committee of Adjustment as the deck was constructed prior to approval provided for a minor variance and issuance of a building permit. Staff in the Building Department had previously advised the applicant of the requirements of the municipality given that a building permit had not been issued. A minor variance is required to permit the deck in the dimensions of 16 feet by 27.58 feet within the 30 metre setback to the highwater mark for this property. The property slopes from the north to the south and the area where the deck and cottage are located are elevated from the water. The applicant has noted that the existing dwelling was constructed in 1957 and the deck was constructed in May 2018. The property has an existing driveway at the north from Willy’s Lane. The applicants are seeking relief from the Zoning Bylaw to permit to vary Section 10.3.1 Limited Service Residential – Waterfront Zone Regulations and Section 5.8.2 a. Flooding and Shoreline Erosion Hazards which both require a 30 metre (98.4 feet) setback from the highwater mark and Section 5.10.2, Existing Buildings Within 30 Metres (98.4 feet) of a Waterbody or Watercourse which section does not permit enlargement of an existing structure within 30 metres of the highwater mark to permit the deck that was constructed in the front yard of an existing cottage for a property setback 71.5 feet (21m) located in the Limited Services Residential Waterfront (RLSW) Zone. A minor variance is required to permit a deck within 30 metres of the highwater mark of Fourteen Island Lake :

Section 5.8.2 a.: The minimum required setback from the highwater mark or floodline of a waterbody shall be 30 metres. Requested variance from this section: a. Deck Constructed to the Cottage: 21 metres from the highwater mark of Fourteen Island Lake (variance of 9 metres) Page 95 of 165

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Section 5.10.2, Existing Buildings Within 30 Metres (98.4 feet) of a Waterbody or Watercourse which section does not permit enlargement of an existing structure within 30 metres of the highwater mark
Section 10.3.1: The required setback from the highwater mark shall be 30.0 metres (98.4 ft) for properties zoned Limited Service Waterfront Residential: Requested variance from this section: a. Deck Constructed to the Cottage: 21 metres from the highwater mark of Fourteen Island Lake (variance of 9 metres) 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 property is located at Part Lot 5, Concession 11, being Part 1 on Plan 13R18274, District of Portland, Township of South Frontenac, municipally known as 1113 Willy’s Lane, Fourteen Island Lake. (see attached map). The subject lands are located at the south shore of Fourteen Island Lake and are accessed by Willy’s Lane, a private lane which is accessed from Hinchinbrooke Road. The property is approximately 0.35 acres (0.14ha) with approximately 110 feet (33.5 metres) of water frontage with a depth of 125 feet (38.1 metres) with 124 feet (37.8 metres) of frontage on Willy’s Lane. The property is currently serviced with an existing septic system located at the west side of the cottage and the well is located under the deck closest to the north side of the deck. The applicant will be required to apply for a building permit for the deck that was previously constructed and a permit for the construction/filling/excavation/site grading within 30 metres of the top of bank adjacent to the lake from Quinte Conservation.

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 Resources, 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. Quinte Conservation have indicated that the subject lands do not lie within a Provincially Significant Wetland or within an Area of Natural and Scientific Interest. Quinte Conservation have indicated that they do not require an Environmental Impact Assessment from the applicant. The deck had been constructed within an area of the lands that had been previously been disturbed. No trees are proposed to be removed from the property. Section 3: Protecting Public Health and Safety of the PPS contains policies that speak to directing development outside of hazardous lands. Staff of the Conservation Authority are satisfied that the application is consistent with Section 3.1 of the PPS as the deck structure is located outside of any flood hazard. Quinte Conservation have noted that the Quinte Region Source Protection Plan is not

Page 96 of 165

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT applicable to the subject property as it lies outside of an intake protection zone or wellhead protection area for a municipal drinking water system. South Frontenac 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 not circulated the application as the existing septic system is located to the west of the cottage and northwest of the deck. South Frontenac Zoning By-law: Limited Services Residential Waterfront (RLSW) Zone The property is zoned Limited Services Residential Waterfront (RLSW) Zone in the Township of South Frontenac Zoning Bylaw. The RLSW Zone permits a seasonal dwelling on waterfront property accessed by a private lane. The applicants are seeking relief from the Zoning Bylaw to permit to vary Section 10.3.1 Limited Service Residential – Waterfront Zone Regulations and Section 5.8.2 a. Flooding and Shoreline Erosion Hazards which both require a 30 metre (98.4 feet) setback from the highwater mark and Section 5.10.2, Existing Buildings Within 30 Metres (98.4 feet) of a Waterbody or Watercourse which section does not permit enlargement of an existing structure within 30 metres of the highwater mark to permit the deck that was constructed in the front yard of an existing cottage for a property setback 71.5 feet (21m) located in the Limited Services Residential Waterfront (RLSW) Zone. When considering if the application is minor, it is important to remember that the evaluation of minor is not solely a quantitative analysis, but rather the consideration of the impact of the proposed development. Planning staff are supportive of the request for zoning relief to permit a deck at the north side of the cottage setback 71.5 (21 m) from the highwater mark of Fourteen Island Lake

Agency Analysis and Comments KFL&A Public Health – The application was not circulated to Public Health given the nature of the application. Quinte Conservation – Comments received from Quinte Conservation dated July 4, 2019 indicating that they have no objection to the application as presented. The owners will be required to apply to the Conservation Authority for a permit to development (construction/filling/excavation/site grading) within 30 metres of the top of bank adjacent to the lake. Public Services – The application was not required to be circulated given the nature of the request. Public Comments – To date comments have not been received from the public.

Conclusion The proposed application to permit the previously constructed deck to the existing cottage at Part Lot 5, Concession 11, being Part 1 on Plan 13R18274, District of Portland, Township of South Frontenac, municipally known as 1113 Willy’s Lane, Fourteen Island Lake meets the four tests for a minor variance: • The variance conforms to the general intent and purpose of the Official Plan as the proposed construction is consistent with the 2014 Provincial Policy Statement including Section 2.1 Natural Heritage and Section 3: Protecting Public Health and Safety which then meets the intent of the Official Plan. The existing deck is located outside of any flood hazard. • The variance conforms to the general intent and purpose of the Zoning Bylaw as the deck is complies with the zoning provisions of the RLSW Zone with the exception of the setback to the highwater mark of Fourteen Island Lake. No work is proposed to the existing seasonal cottage located on the subject lands.

Page 97 of 165

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT • The variance is desirable for the appropriate development of the lands in question as the deck is located outside of any flood hazard and will not be visible from the waterfront. • The variance is minor as the previously constructed deck is not anticipated to impact the character of the waterfront as the deck is elevated and screened by existing trees and will not be visible from the waterfront. The deck is located beyond 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.

Minor variance is to permit permit an attached deck to an existing cottage located in the Limited Services Residential – Waterfront (RLSW) Zone.for a property located at 1113 Willy’s Lane is consistent with the drawings submitted with the application (MV-20-19-P).
Minor variance MV-20-19-P is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
A permit is required from Quinte Conservation for construction/filling/excavation/site grading) within 30 metres from the top of bank adjacent to the lake. 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 Sauve property Site Visit: July 3, 2019

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Q U I NT E C O NS ER V AT I O N - P L AN N I NG A C T R EV I EW QC File No. PL0151-2019 Municipality:

Township of South Frontenac

Owner:

Scott Sauve

Location:

1113 Willy’s Lane

Roll #:

1029-080-050-02100-00000

Application Description:

Minor Variance Appl’n File No. MV-20-19-P

Regulated Feature:

Fourteen Island Lake

Part Lot 5, Concession 11

Portland

Reduce setback from 30 metres to 21.79 metres (71.5 feet) metres from the highwater mark of Fourteen Island Lake to allow for an already constructed 8.5 metre (27.8 foot) by 4.9 metre (16 foot) deck

Planning Act - Natural Hazard policies of the Provincial Policy Statement and Quinte Conservation Planning Act Review policy Conservation Authorities have Provincially delegated responsibilities to represent Provincial interests regarding natural hazards under section 3.1 of the Provincial Policy Statement (PPS) (2014). Natural hazards include areas subject to flooding, prone to erosion, dynamic beaches and unstable bedrock. Generally the policies of the PPS direct development to areas outside of hazard lands. Staff are satisfied that the application as presented is consistent with section 3.1 of the PPS as the deck structure is located outside of any flood hazard. Ontario Regulation #319/09 (Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses The subject lands lie within the regulated area of Fourteen Island Lake (by virtue of Ontario Regulation #319/09 – Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses). Please note that the owners will need to apply to the Conservation Authority for a permit prior to development (construction / filling/ excavation/ site grading) within 30 metres of the top of the bank adjacent to the lake. Comments:

Quinte Region Source Protection Plan Quinte Conservation provides Risk Management services as prescribed by the Clean Water Act, 2006 on behalf of member municipalities. Part of this is reviewing building and planning applications to ensure no new significant drinking water threats as outlined in the Quinte Region Source Protection Plan are created. Policies for significant threats in the Quinte Region Source Protection Plan are not applicable to the subject property as it lies outside of an intake protection zone or wellhead protection area for a municipal drinking water system. As such no Section 59 Clearance Notice is required. Planning Act - Natural Heritage policies of the Provincial Policy Statement Section 2.1 of the Natural Heritage policies of the Provincial Policy Statement protects features including (but not limited to); Provincially Significant Wetlands, significant woodlands and significant Areas of Natural and Scientific Interest. The subject lands do not lie within a Provincially Significant Wetland, or within an Area of Natural and Scientific Interest. Further, an Environmental Impact Study was not submitted at the request of the Municipality with the current planning application, and as per Quinte Conservation’s Regulation and Policies we will not be requesting one.

Final Comments:

Quinte Conservation has no objection to the application as presented. We would appreciate receiving a copy of the Committee of Adjustment’s decision, when it should come available.

July 4, 2019 Date

Sam Carney Planning and Regulations Technician Page 1 of 1

Page 105 of 165

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Inset Map

Legend Sauve Property Parcel Fabric Provincially Significant Wetlands Waterbody Roads

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

Page 108 of 165

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.

WILLY’S LANE

Scale 1:550 0 1.753.5

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

July 3, 2019 MV-11-19-B Tony & Michele Kimmett Part Lots 23 & 24, Concession 10, being Parts 1-3 & 8 on Plan 13R20629, District of Bedford, Township of South Frontenac, municipally known as 966 Lee Road, Wolfe Lake. Purpose of Application: To alter and enlarge a building or structure located within the 30 metre setback from the highwater mark and within 120 metres of the Provincially Significant Wetland for a building located 18 metres (60 feet) from the highwater mark/Provincially Significant Wetland. The height of the building will increase as will the overall footprint of the seasonal dwelling. The applicant is seeking relief from Section 5.10.2, Existing Buildings within 30 Metres (98.4 feet) of a Waterbody or Watercourse, 8.3.3 Waterfront Residential Zone (RW) Regulations, and Section 8.5 Special RW – Waterfront Residential Zones (RW-35). Date of Hearing: July 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-11-19-B to allow the Rideau Valley Conservation Authority time to provide comments in review of the application.

Proposal The application for minor variance was submitted for the property located at Part Lots 23 & 24, Concession 10, being Parts 1-3 & 8 on Plan 13R20629, District of Bedford, Township of South Frontenac, municipally known as 966 Lee Road, Wolfe Lake (see attached map). The request is to raise the existing cottage consisting of 720 ft2 in order of pouring footings and installing foundation walls and to construct a kitchen addition of 288 ft2 to enlarge the existing structure. The applicant is proposing to demolish and replace the existing deck and increase the height of the deck from 3 feet to 4 feet. The existing cottage is located within the 30 metre setback from the highwater mark and within 120 metres of the Provincially Significant Wetland. The existing building is located at 18 metres (60 feet) from the highwater mark/Provincially Significant Wetland. The height of the building will increase as will the overall footprint of the seasonal dwelling. The applicant is seeking relief from Section 5.10.2, Existing Buildings within 30 Metres (98.4 feet) of a Waterbody or Watercourse, 8.3.3 Waterfront Residential Zone (RW) Regulations, and Section 8.5 Special RW – Waterfront Residential Zones (RW-35). In support of the minor variance application, an Environmental Impact Assessment was prepared by Reg Genge as submitted. The property owners received approval for minor variance MV-23-17-B on May 11, 2017 to permit construction within 30 metres of the setback from the water to raise the existing dwelling a maximum of six feet to permit the reconstruction of the foundation and the creation of a crawlspace underneath the cottage to locate services. No living space is permitted. Staff note that comments have not been received from the Rideau Valley Conservation Authority in review of the minor variance application. Once the comments have been received, a report will be prepared providing a recommendation in review of the application. 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: To be undertaken. Attachments: Map of Kimmett property.

Page 109 of 165

f?PLlCATION FOR MINOR VARIANCE

TOWNSHIP OF SOUTH FRONI

j .=’ PlanningA(;t,R

Dgte Received:

991), c. P.13 as amended

FileNo ?V-11-l$8

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1 . Name of Owper(s):

?op ,jll I ( r) PLANNING D PAR’

Full Mailing Address

er(s):

Phone number of Owner(s): .

Email Address of Owner(s):

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: Full Mailing Address of Authorized Agent:

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

Signature(s) of Owner(s)

The description of the subject land: District:

?. Bedford

€ Portland

€ Loughborough

a Storrington

<Q3/;"?q i Name of Road/Sfreef: ‘i,“E-jL(:{ -’? Street Number: ?” 1’ fi r Reference Plan Number: l ,?)‘R ,4 D (o-’-) q Part Number(s):?F’T l J:S “) ea

Concession Number: ‘. (l;

Lot Number:

ROII Number: ’l€J.’ :?->)C% Cw t(,: C ?C’, %C:;J l (>(.,(.,=<H]??,? 3

Page 110 of 165

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE

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

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

Frontage(onwater): %:§3’

Frontage(onroad/lane):CICC

Depth: l p

Area:

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s. The current zoning of the subject land:

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

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

KYes

€No

Name of Road/Lane:

lee? “?-ko 9. If access to the subject property is by water only, please indicate the parking and docking facilities used or to be used and the approximate distance of these facilities from the subject land and the nearest public road.

What are the existing uses of the subject land?

S(LRs8>ossry’l Ctb'6wq(4 11 . Please indicate whether there are any EXISTING buildings or structures on the subject land. (I.e. residence, garage, shed, etc.)

!yi

[No

Page 111 of 165

TOWNSHIP OF SOUTH FRONTENAC APPLICAT?ON FOR MINOR VARIANCE

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

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

m Type of Structure (E.g. residence)

(2)

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Setback from

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Setback from Side Lot Line

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1 3.The proposed uses of the subject land:

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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 land?

dYi’es

€No

Page 112 of 165

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE

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

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

Setback from

Front Lot Line

Setback from

Rear Lot Line

Setback from Side Lot Line

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Type of Structure (E.g. residence)

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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 lane, the setback from the front lot line and the setback from the high water mark will be the same. 2) The dimensions required in this question relate to the NEW CONSTRUCTION ONLY, and NOT to the total size of the completed building.

DoyourplansincludeanyDEMOLITIONofexistingstructures?

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Page 113 of 165

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE

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

.gYes

Do your plans include the RAISING of an existing structure?

[]No

If 7es, please prov!de deta!Is: I y ’l,??! <,D’-)Aci-C- e l r’s S *1 ? (” ‘?a’ ( r rcF ?ca’iy5 18. What are the uses of the proposed development? (a) Increase in number of bedrooms

€ Yes

(b) Increase in plumbing fixtures

,Ves

€No

;di

[No

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

€ Yes

.-bo

The date the subject Iand was acquired by the current owner:
The date the existing buildings and structures were constructed on the subject Iands:

<-2(S-v yecr<:> 1-

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

,;,:i'3-1-L,<(2.a-x-s T

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

a % i t ?) (?A a 23. Indicate whether sewage disposal is provided to the subject land by a publicly owned and operated sewage system, a privately owned and operated individual or communal septic system, a privy, or other means: l?}

‘i

Is storm drainage provided by sewers, ditches, swaIes or by other means? 111 A€

‘)’s Gl::S t.g,-?

Page 114 of 165

rOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE

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

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

a Yes @No 26. If the answer to question 25 is yes, please give the file number of the application and the status of the application.

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

€No

t’

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

MV-93-ll'6 29. 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 Iandmark such as a bridge or railway crossing. iv)

The Iocation of all abutting (neighbours’) lands.

The approximate location of all natural and artificial features on the subject land and on the land that is adjacent to the subject land. Examples include buildings, railways, roads, 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, IS REQI IIRFD to be shown. The SKETCH is of significant importance and should be prepared as carefully, neatly and accurately as possible.

Page 115 of 165

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE

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 representing payment of the application fee. The Owner/Applicant/Agent agrees that the information recorded in this Minor Variance Application Form is accurate. The Owner/Applicant/Agent agrees that representatives of the Township, Public Health and, where applicable, the appropriate Conservation Authority, may enter onto the subject property for the purpose of determining the appropriateness of the site for the proposed development. The Owner/ApplicanUAgent 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 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/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 ofl .25% per m0ntM (1 5% per annum) on accounfs overdue more ?5an 30 da7s, 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: DATED AT THE TOWNSHIP OF SOUTH FRONTENAC

Page 116 of 165

TOWNSHIP OF SOUTH FRONTENAC APPLICAT?ON FOR MINOR VAPIANCE

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

A Guide to Completing the Minor Variance Form

The names of all owners must appear in this section, even if they live in separate residences, and the address(es) should be the full mailing address, complete with postal code.
You may wish to appoint someone to act on your behalf during the variance process. If so, that person’s name, address and phone number should appear here All owner’s must sign the authorization.
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 long number beginning with 1029) on your tax bill. If the numbers are 010, 020 or 030, your district is Bedford; if the numbers are 040-050, your district is Loughborough; if the numbers are 060 or 070, your district is Storrington; and if the numbers are 080, your district is Portland. b. Concession and Lot Numbers: if you are not sure, check your tax bill C. Street Number: Your civic address - if a civic number has not been assigned, leave this space blank. d. Name of Road/Street: This question applies whether or not you are on a private Iane or a public road. e. Reference Plan No: If your property has been surveyed, it will have a plan number, and one or more parts on that plan. If your property has not been surveyed, leave this space blank.

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

Frontage, depth, area, acres: All parts of this question must be completed.
Current zoning: You may not be aware of the zoning on your property and this can be determined when you come in for pre-consultation with planning staff.
Nature and Extent of Relief: This question is asking what you are asking to do that requires the variance - for example, it could be that you are asking to be 25 m rather than 30 m from the high water mark, or that you are asking to increase the height of a structure within 30 m of the high water mark, or that you are seeking a variance to construct an accessory building closer to the front lot Iine than the principal building.
Reason why you can’t comply: In other words, why can you not meet the required setbacks. It could be, for example, because you are seeking a variance to add on to an existing structure that is already too close to the water, or that developing further from the water would be impossible because of a steep embankment.
Roads: Municipally maintained roads are looked after by the Township; private roads are Ianes that residents maintain themselves (not private driveways, but lanes that provide access to your property and that are generally shared with others).

Page 117 of 165

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KIMMETT MV-11-19-B 966 LEE RD

Wolfe Lake

Legend

Judy Pond

Kimmett Property Provincially Significant Wetlands Waterbody

Wolfe Lake

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

Page 118 of 165

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Page 119 of 165

QLA

Ontario Lake Assessments

RR#3 Harrowsmith Ontario KOH IV0

& Environmental Education Services

Tel: (613) 376-3863 Fax: (613) 376-6128

RECEIVED May 23, 2019 Tnidy Gravel, Planner Township of South Frontenac 4432 George Street, p.o. Box 100 Sydenham, ON, KOH 2TO

MAY 2 3 2019 TOWNSHIP OF

SOUTH FRON-rFNAC

PLANNING DEPARTMENT

REGARDS: Preliminary EIA, Tony Kimmett MV Application MV-11-19-B; 966 Lee Road, Bedford District,

South Frontenac Township, Wolfe Lake / PSW - Proposed Addition to a Cottage and to Raise the Cottage to Install a Foundation to Create Storage Space

Dear Tmdy Gravel: A Preliminary EIA was conducted for the above site and reported in a letter dated Apri? 6, 2017 and addressed to J. Kapusta, Planning Assistant SFT. The proposal at that time was to raise the existing cottage to create storage space and accommodate utilities. The discussion in that letter under the heading Nahiral Heritage Concerns remains relevant for this application. The 2019 Proposal: The 2019 proposal is to raise (elevate) the existing cottage (24’ x 32’) in order to pour footings and install foundation walls to a height not to exceed l .83m (6 ft). The proposal also includes a l 6’ x 18 ’ addition on the north end that will also include the footings and foundation. The renovation will both level and stabilize the building while creating living space and needed storage space; the number of bedrooms will remain the same; the building at present sits on cement blocks.

The cottage has a deck across the front (on the east side facing Wolfe Lake (see photographs 1, 2 and 3 below). The foundation will not encompass the area under the deck. The deck may be replaced with a new deck. Included in the proposal is backfilling and grading around the foundation wall to bring the grade up to the natural grade evident on the north end of the building. An existing small out building is situated on the northwest side of the cottage. As part of the proposal, there are four h?ees to be removed (marked on the photographs with a red star), one is a maple very close to the gable end on the south side of the cottage and the other is an aspen close behind the building that is being removed as a dangerous and hazardous tree to injury and property damage. Two large trees will also be removed near to the north side where the proposed addition will occur. Natural Heritage Concerns: (See discussion in letter dated April 6, 2017) Potenttal for Impacts and Remedial Measures: There are no long-term environmental impacts expected as a result of this proposal. There is however the potential for disruption of the native soil mantle andfor offsite loss offill material by way of erosion into the lake during the construcaon due to the close proximi0i to the lake and wetland. Appropriate construction soil stabili0i measures must be implemented to prevent this from occurring during cotistruction and afterwards. Excavation materials …2

Page 120 of 165

-2-

removedfrom the foundation area that are surplus to the backfill requirements must be removedfrom the area to the borrow pit area near to the Lee Road entrance. There cannot be any filling of the nearshore area or any other low lying area using the excavated material.

Also the native shoreline buffer of trees adjacent too and in front of the cottage need to be protectedfrom damage by heavy equipment during the construction period. The trees should be flagged and a protective measure put in place so equipment operators avoid damaging these trees.

While not a condition of this Preliminary EIA, serious consideraaon should be given to relocating the dock to the east shoreline in front of the cottage at the site of the present east access location and then replanting the shoreline at the south water access point. It is important wetland habitat and should be left as natural as possible. While this addition will be a further intrusion into the 120 metre zone of influence distance from the PSW and further intrusion into the 30m buffer next to Wolfe Lake, the proposedfootprint of the addition is already culturally impacted and there are no identified habitats for species at risk in the building envelope. The proposal does not include the needforfilling, excavaang, draining or changing the wetland in any manner and therefore the wetland feature and functions will not be compromised. There are no environmental constraints to completing this project. In my opinion, there will not be a need to undertake a full EIA with respect to this proposaL If you have any questions in the above regard, please contact me. Respi

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7 ,eB aId Genge B.Sc. Ontario Lake Assessments

3654 Stage Coach Road RR#3

HARROWSMITH, Ontario KOH IVO

rgenge(ixplornet.ca 613-376-3863

Copy to: Tony Kimmett RR #4

Napanee, ON K7R 3K9

(Two pages of photographs #l through #3 attached)

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

June 27, 2019

Application No: Owner: Location of Property:

MV-14-19-B Anne-Marie Olson Part Lot 28, Concession 7, being Part 1 on Plan 13R3661, District of Bedford, Township of South Frontenac, municipally known as 662 Dewitt Lane, Bobs Lake Purpose of Application: To vary Section 5.8.2 a and Section 10.3.1 of the Township of South Frontenac Zoning Bylaw to reduce the waterbody setback from the highwater mark from 30 metres to 14.3 metres (47 ft) and an increase in height by 0.91 metres (3ft) for the demolition and reconstruction of a new cottage Date of Hearing: July 11, 2019

Proposal The initial application for minor variance was submitted for the request to permit the demolition and reconstruction of a new cottage consisting of 1980ft2 to be constructed 10.67 metres (35ft) from the highwater mark and 6.1 metres (20 ft) in height, being one metre higher than the existing cottage, at the southwest corner of the subject property. A smaller existing building to the north of the main cottage, is proposed to be demolished. The new cottage will consist of 866 ft2 and will be located closer to the main cottage and will be located 23.3 metres (76 ft) from the highwater mark and will increase in height by 2 metres (6.6 ft) to 6.1 metres (20 ft) in height. Based upon a site inspection with the owner and staff at the Rideau Valley Conservation Authority, the applicant submitted a revised minor variance application and drawing to permit the demolition and reconstruction of a new cottage consisting of 2112 ft2 to be constructed 14.3 metres (47ft) from the highwater mark and 6.1 metres (20 ft) in height, being one metre higher than the existing cottage, at the southwest corner of the subject property. A smaller existing building to the north of the main cottage, is also proposed to be demolished. The property is located at Part Lot 28, Concession 7, being Part 1 on Plan 13R3661, District of Bedford, Township of South Frontenac, municipally known as 662 Dewitt Lane. The property has frontage along Bobs Lake and is accessed by Dewitt Lane, a private lane which is accessed from Dewitt Road. The property is approximately 1.26 acres (0.51ha) and is undersized when compared to the current provisions in the Zoning Bylaw. The property contains an existing cottage, two smaller cottages, a bunkie, garage, boathouse and tool shed. The applicant is seeking relief from the Zoning By-law in order of demolishing and reconstructing two existing cottages with an increase in floor area of the main cottage and the second cottage. The height of the two cottages will be constructed as one storey (20 feet) and will increase slightly in height. The tool shed is proposed to be demolished at the north of the site. The existing septic system is located south of the main cottage and is within the 30 metre setback of the highwater mark and will be replaced. The existing well is located to the north of the main cottage. Minor variance is required to construct two new cottages:

Section 5.8.2 a.: The minimum required setback from the highwater mark or floodline of a waterbody shall be 30 metres. Requested variance from this section: a. Proposed Main Cottage: 14.3 metres from the highwater mark of Bobs Lake (variance of 15.7 metres)

Page 124 of 165

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 2. Section 10.3.1: The required setback from the highwater mark shall be 30.0 metres (98.4 ft) for properties zoned Limited Service Waterfront Residential: Requested variance from this section: a. Proposed Main Cottage: 14.3 metres from the highwater mark of Bobs Lake (variance of 15.7 metres) 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 With an area of approximately 1.26 acres (0.51ha) the property is undersized when compared to the current provisions in the Zoning Bylaw. The property enjoys legal non-complying status. The topography of the lot is fairly level with large trees located along the shoreline that buffer the cottage from the waterfront. The applicant has indicated that the buildings were constructed in the 1960’s and that no improvements have been made to date with the structures in need of repair. The goal of the applicant is to consolidate and make improvements to the property with little disruption to the site. The new cottage will increase 708 ft2 in floor area. The new cottage will be relocated away further away from the high water mark of Bob’s 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 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. Section 1.1.5.2 of the PPS permits limited residential development on rural lands including resource-based recreational uses and Section 1.1.5.4 promotes development that is compatible with the rural landscape and can be sustained by rural service levels. 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. Rideau Valley 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 2.1 in relation to the nearby Michael’s Creek March and noted that the proposed development maximizes the setback from this feature. In review of Section 2.2 Water policies, staff of RVCA note that the improved setbacks from the normal highwater mark, in conjunction with increased shoreline plantings, provides an improvement for water quality and quantity. Section 3: Protecting Public Health and Safety of the PPS contains policies that speak to directing development outside of hazardous lands. Rideau Valley Conservation Authority staff have indicated that as long as the applicants ensure that future construction respects the regulated flood level of 163.07 metres above sea level (geodetic) they do not have any concerns.

Page 125 of 165

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT South Frontenac Official Plan 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 residential development on properties that front on a body of water and have access from a private road. Planning staff did not note any additional watercourses or wetlands on the subject property when completing a site visit. South Frontenac Zoning By-law: 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. A 30 metre setback from the high water mark is required for the construction of all dwellings and structures; this is stated in the zone regulations as well as the general provisions. The applicant is proposing to demolish the existing main cottage consisting of 1,404 ft2 and a smaller cottage consisting of 779.2 ft2. The new cottage will consist of 2112 ft2 and will increase in height from 14 feet (4.26m) to 20 feet (6.1m) and will be 14.3 metres from the highwater mark. The property has legal non-complying status. 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 by Township staff on May 29, 2019, to observe site characteristics and determine desirableness of the proposed construction.

Agency Analysis and Comments KFL&A Public Health – Comments dated June 3, 2019 from the Health Unit noted that they have no objections to the minor variance. The current sewage system is not sized accordingly for the proposed building, so prior to the building permit being issued a new permit must be approved. Rideau Valley Conservation Authority – Revised comments dated May 31, 2019 from the RVCA were received based on a revised submission from the applicant. The RVCA have indicated that they have no objection to the subject application and it is the opinion of staff that the requested variance is minor. Staff have commended the applicant on her willingness to be open to improvements through relocating the proposed structures further from the normal highwater mark. 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 demolition and construction of two cottages at Part Lot 28, Concession 7, being Part 1 on Plan 13R3661, District of Bedford, Township of South Frontenac, municipally known as 662 Dewitt Lane, Bobs Lake, meets the four tests for a minor variance: • The variance conforms to the general intent and purpose of the Official Plan as the proposed 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 applicant will demolish two existing cottages and relocate further from the waterfront which will reduce the impact to the shoreline. • The variance conforms to the general intent and purpose of the Zoning Bylaw as the proposed second cottage will be reconstructed further from the highwater mark. The property enjoys legal non-complying status. • The variance is desirable for the appropriate development of the lands in question as the construction is supported by the Rideau Valley Conservation Authority, with implementation of Page 126 of 165

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 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 reduction in the setback to the highwater mark for the main cottage is within an area that is already disturbed. Based on the initial review of the RVCA an Environmental Impact Assessment was not required in support of the application. • The variance is minor as the proposed construction is not anticipated to impact the character of the waterfront and seeks to maximize the addition while recognizing the location of the new septic system and well locations. This portion of Bob Lake is not identified as an at capacity 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

Minor variance is for the reconstruction of the main cottage consisting of 2112 ft2 to be constructed 14.3 metres (47ft) to the highwater mark of Bobs Lake and 6.1 metres (20 ft). The proposed structures are to be built as per the revised plans submitted with Minor Variance application (MV-14-19-B) as reviewed by RVCA.
The applicant is required to enter into a development agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters outlined in the May 31, 2019 letter from the Rideau Valley Conservation Authority: 

Sediment and erosion controls between the construction area and Bobs Lake are to be installed prior to initiation of the work, to remain in place until the site has been allowed to regenerate and vegetation has been re-established to the satisfaction of the Township or Chief Building Official.



All materials from construction (such as demolished materials or excess soil) will be disposed of 30 metres or more from the normal highwater of Bob’s Lake at a proper disposal site.



The Owner is required to obtain the required permit from the Rideau Valley Conservation Authority prior to commencing work on the subject property as the cottage is within the 120 metre setback from the nearby Michael’s Creek Marsh.



Should any work be undertaken along the shoreline of Bob’s Lake, West Basin, permits would be required by the Rideau Valley Conservation Authority in accordance with Ontario Regulation 174/06 (Development Interference with Wetlands and Alteration to Shorelines and Watercourses)



The Owner shall ensure that the underside of the main floor of the cottage is 0.3 metres above the regulatory flood level of 163.07 metres above sea level (geodetic). It is advised that the area below the main floor of the cottage remains unfinished, contain no habitable space or utilities and that all mechanical, electrical or heating and cooling units or ductwork be located above the regulatory flood level.



Any future development or redevelopment shall have regard for the identified 1:100 year flood elevation of 163.07 metres above sea level (geodetic).

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.
Minor variance MV-14-19-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.

Page 127 of 165

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 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: May 29, 2019 Attachments: Map of Olson property.

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‘Rideau Valley Conservation Authority

3889 Rideau Valley Drive PO Box 599, Manotick ON l<4M 1A5 T 613-6925571 l 1—800—267-3504 F613-692-0831 I wwwrvcaca

May 31, 2019 19.SFR-MVA-0012

Township of South Frontenac Committee of Adjustment PO. Box 100 4432 George Street Sydenham, ON KOH2T0 Attention:

Michelle Hannah

Subject:

OLSON, Anne-Marie; Application M-14-19-B 662 Dewitt Lane, Part Lot 28, Concession 7; Former Township of Bedford, Now the Township of South Frontenac; Roll Number: 1029010050318000000 & 1029010050317500000 —

Dear Ms. Hannah,

The Rideau Valley Conservation Authority (RVCA) has reviewed the subject application within the context of:

—

Section 2.1 Natural Heritage, 2.2 Water and 3.1 Natural Hazards of the Provincial Policy Statement under Section 3 of the Planning Act; The Rideau Valley Conservation Authority (“Development Interference with Wetlands and Alteration to Shorelines and Watercourses” regulation 174/06 under Section 28 of the Conservation Authorities Act); The Bobs Lake Crow Lake Catchment Report The Mississippi—RideauSource Protection Plan; The Rideau Lakes Study —

The Proposal

The RVCA understands this proposal to be an application for a minor variance to seek relief from Sections 5.8.2a and 10.3.1 of the Township of South Frontenac’s Zoning By-law. The requested variance would permit a reduction of the required 30 metre setback from 30 metres to 10.67 metres. In addition, it would be to permit the demolition and reconstruction of an existing cottage with an increase in floor area of 20.9 m2and an increase in height by 1 metre. In addition, the application also proposes the demolition and reconstruction of an existing small building, which will be attached to the existing cottage, and setback 23.2 metres from the highwater mark. The re-located small building will also be increasing in height by 2 metres.

Proudly working in partnership with our 18 watershed municipalities Athens, Augusta, Beckwlth, Central Frontenac, Clarence—Rocl<land, Drummond/North Merr>ckvllle—Wolford, Montague, Elrnstey Elrzabr:thtown»l\’rtley, North Dundas, North Grenville, Ottawa, Perth, Rideau Lakes, Smiths Falls South Frontenac,

Page 1 of 5 Tay /alley, Westportv

Page 142 of 165

Following a site visit with the applicant an additional concept plan was forwarded to our office which proposed setbacks of 14.3 metres from the south shore and 17.6 metres from the west shore for the main cottage. In addition, the relocated small building will be setback approximately 28 metres from the south shore and 35.6 metres from the west shore. This additional concept has been included as an attachment with this comment letter, and our office will be offering comment based on this additional concept. The Property

The subject property is indicated as being approximately 0.5 hectares in area without road frontage but with a water frontage of 142 metres on Bobs Lake. It has an average depth of 35.6 metres. The subject property is located adjacent Bobs Lake (East Basin). A review of our records did not indicate the presence of any wetlands, organic soils or unstable slopes. A regulated flood level of 163.07 metres above sea level (geodetic) was identified through our mapping. The subject property is located within 120 metres of the nearby Michael’s Creek Marsh Provincially Significant Wetland. It should be noted that most structures on the subject property are located greater than 100 metres from the boundary of this natural feature. Review Comments

Provincial Policy Statement The PPS states that natural features shall be protected for the long term (Section 2.1). in relation to the nearby Michael’s Creek Marsh, it is the opinion of the reviewing planner that the proposed development maximizes the setback from this feature. Regarding Section 2.2, water, of the PPS, the planner is of the opinion that the improved setbacks from the normal highwater mark, in conjunction with increased shoreline plantings, provides an improvement for water quality and quantity. The RVCA does not have any concern with Section 3.0 of the PPS in relation to the subject development so long as the applicants ensure that future construction respects the regulated flood level of 163.07 metres above sea level (geodetic). We have recommended conditions regarding this later in this letter.

Ontario Regulation 174/06 The applicants should be aware that Bobs Lake (East Basin) is regulated as a watercourse under Ontario Regulation 174/06. As such, should any modifications to the shoreline be proposed, prior written permission is required in accordance with our regulation (Development, Interference with Wetlands, Alterations to Shoreline and Watercourses) made under Section 28 of the Conservation Authorities Act. In addition, Michael’s Creek Marsh is a PSW and development within 120 metres is regulated by the same regulation. Therefore, the applicants should be aware that a permit will be required from our office as a condition of development.

Page 2 of 5

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Michael’s Creek Marsh During the site visit Michael’s Creek Marsh was observed. Wetlands provide a variety of benefits. These benefits include: attenuation of flood water; serving as a groundwater recharge/discharge area and providing a more stable source of water during low water conditions; filtering our drinking water; and providing habitat to many species of plants and animals (often including ?sh). Bobs Lake Catchment Report

—

East Basin

The water quality report for East Basin is “fair to very good” according to the Bobs Lake Catchment Report. This rating has been assigned due to phosphorus concentrations which occasionally exceed the Provincial Water Quality Objective (PWQO) and instances of reduced oxygen concentration throughout much of the water column in the late summer which may limit habitat for fish population. Care should be taken to avoid further nutrient enrichment which can fuel the growth of algae and deplete oxygen levels. This can be employed through best management practices such as maintenance of a vegetative buffer and sediment and erosion controls being implemented during site disturbance. Rideau Lakes Study Based on an application of the Rideau Lakes Study, an appropriate setback based on soil type, depth of soil, topography and vegetation cover would be 30 metres from the normal high water mark from Bobs Lake. However, the reviewing planner will accept the improved setback proposed from this redevelopment and the attached additional concept. Source Water Protection The subject property is identified as overlying a highly vulnerable aquifer. These are aquifers that are vulnerable to surface contaminants due to thin or absent soils overlying bedrock that may be fractured. Where these conditions exist, it may be possible for contaminants to enter drinking ground water supplies. For this reason, care should be taken to avoid land uses and practices that may inadvertently lead to undesirable effects on groundwater.

Discussion

and Recommendations

Conducting a site visit was very helpful for the planner during his review of the subject property. The planner also appreciated the ability to meet with the applicant to discuss making improvements to the setback of the cottage from the normal highwater mark. Because of the willingness of the applicant to meet and discuss, greater setbacks have been able to be proposed, which are supported by the reviewing planner. In addition to the improvement of setback, the applicant should consider taking advantage of the RVCA’s tree planting and shoreline naturalization programs. RVCA staff can assist in planning and planting shoreline vegetation, whether trees or shrubs, and would be willing to discuss grant programs that the applicants may wish to consider. If the applicants are interested in this service they should contact Meaghan MacDonald (Meaghan.mcdonald@rvca.ca or 613-692-3571 x 1192) at our Manotick office.

Page 3 of 5

Page 144 of 165

Should the Township allow the variance, the RVCA would have the following recommendations for conditions of any implementing agreement or as conditions of the variance in the absence of an agreement:

A condition should be included in any decision requiring sediment and erosion controls between the construction area and Bobs Lake are to be installed prior to initiation of the work, to remain in place until the site has been allowed to regenerate and vegetation has been re-established to the satisfaction of the Township or Chief Building Official. A condition should be included in any decision requiring a_Hmaterials from construction (such as demolished materials or excess soil) will be disposed of 30 metres or more from the normal highwater mark of Bobs Lake at an appropriate disposal site.

A condition should be included in any decision requiring a planting plan showing the current on-site vegetation to be prepared and submitted as part of any implementing agreement. This will be to the satisfaction of the Township. This should take the form of a drawing showing the current vegetation with a commitment to its maintenance. The applicant may wish to consult with our office regarding this condition. The following statements should be included in any agreement, as a result of this development:

should one be required

“As the proposed redevelopment of the cottage will be within the 120 metre setback from the nearby Michae/’s Creek Marsh, the applicants covenant and agree to obtain the required permit from the Rideau Valley Conservation Authority prior to commencing work at the subject property. ”

“Should any work be undertaken along the shoreline of Bobs Lake permits would be required by the Rideau Valley Consen/ation Authority in accordance with Ontario Regulation 174/06 (“Development Interference with Wetlands and Alteration to Shorelines and Watercourses”}. ”

“It is recommended that the underside of the main floor of the cottage be at least 0.3 metres above the regulatory ?ood level of 163.07 metres above sea level (geodetic). It is also recommended that the area below the main ?oor of the cottage remain unfinished, contain no habitable space or utilities and that all mechanical, electrical or heating and cooling units or ductwork be located above

the regulatory flood level.

”

Conclusions In conclusion, The Rideau Valley Conservation Authority has no objection to the subject application and it is the opinion of the reviewing planner that the requested variance is minor. The RVCA would like its comments and recommendations noted on any decision from the Committee. The RVCA would like to commend the applicant on her willingness to be open to improvements through relocating the proposed structures further from the normal highwater mark.

Page 4 of 5

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Thank you for the opportunity to comment and please do not hesitate to contact the undersigned at (613) 267-5353 x 131 should you have any questions. Please advise us on the Committee’s decision respecting this application or any changes in the status of the application. Yours truly,

W4.Ma Phil Mosher Planner.RVCA

—

Ms. Olson Sarah van Dijk, KFLPHA

Page 5 of 5

Page 146 of 165

Environmental Health Department 1130 Elizabeth Street Sharbot Lake, Ontario K0H 2P0 (613) 279-2151 1-800-267-7875 Fax: (613) 279-3997 http://www.kflapublichealth.ca

REQUESTS FOR COMMENTS To:

Application Number:

Ms. Michelle Hannah Secretary-Treasurer, Committee of Adjustment Township of South Frontenac P.O. Box 100 4432 George Street Sydenham, ON K0H 2T0 MV-14-19B

Type of Application or Proposal:

Minor Variance

Applicant Name(s):

Olson, Anne-Marie

Location: Planning Department or Agency:

Comments:

Part Lot 28, Concession 7, Part 1 on Plan 13R3661, 662 Dewitt Lane

Township of South Frontenac (Bedford)

KFL&A Public Health has no objection to this minor variance. The current sewage system is not sized accordingly for the proposed building, so prior to the building permit being issued a new permit must be approved.

Inspector:

Sarah van Dijk, CPHI(C), Public Health Inspector

Date:

June 03, 2019

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

Page 147 of 165

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

July 8, 2019

Application No: Owner: Location of Property:

MV-31-18-S Pajot (Agent, Gurr) Part Lot 27, Concession 10, District of Storrington, Township of South Frontenac, municipally known as Carrying Place Road Purpose of Application: To vary Section 5.8.2 a and 7.3.2 of the Township of South Frontenac Zoning Bylaw to increase the setback from the highwater mark of a waterbody from 30 metres (98.4ft) of a waterbody setback to 19.8 metres (65ft) to permit the construction of a new dwelling with attached garage on Cranberry Lake. Date of Hearing: July 11, 2019

Proposal An application for minor variance has been submitted to permit the construction of a new dwelling with an attached garage and new septic system to a property located on the north shore of Cranberry Lake which is part of the Rideau Canal Waterway. The existing detached garage and cottage are to be demolished in order to accommodate for the proposed development. The lot is approximately 8.1 hectares in size and has 386 metres of waterfrontage. The property is designated Rural in the South Frontenac Official Plan and zoned Rural (RU) Zone in the South Frontenac Zoning By-law. As the subject property is located along the Rideau Canal Waterway, it is subject to review from both the Cataraqui Region Conservation Authority (CRCA) and the Rideau Waterway Development Review Team (RWDRT). The Rideau Waterway Development Review Team is made up of staff from the CRCA and Parks Canada. The applicant/agent is seeking relief from the Zoning Bylaw to vary Section 5.8.2 a and 7.3.2 (30m setback from the highwater mark) of the Township of South Frontenac Zoning Bylaw in order to construct the new cottage with an attached garage with a setback of 19.7m (65 ft) from the highwater mark of Cranberry Lake. Minor variance is required to reconstruct a new cottage with an attached garage and septic:

Section 5.8.2 a: The minimum required setback for existing buildings within 30 metres (98.4 ft) of a Waterbody or Watercourse erected prior to the date of passing of this By-law from the highwater mark or watercourse of a waterbody. Requested variance from this section: a. Proposed setback: 19.8 metres (65 ft) from the highwater mark of Cranberry Lake, a variance of 10.2 metres (33.5 ft)
Section 7.3.2: The minimum required setback for buildings within 30 metres (98.4 ft) of a Waterbody or Watercourse erected prior to the date of passing of this By-law from the highwater mark. Requested variance from this section: a. Proposed setback: 19.8 metres (65 ft) from the highwater mark of Cranberry Lake, a variance of 10.2 metres (33.5 ft)

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 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 8.1 hectares in size and has 386 metres of waterfrontage along Cranberry Lake, Rideau Canal. The property is located at Part Lot 27, Concession 10, District of Storrington, Township of South Frontenac, on the east side of Carrying Place Road (see attached map). The property is elevated above the lake and slopes steeply towards the shoreline of Cranberry Lake. The lands contain a series of rock outcroppings and topographic depressions between steep rocky ridges which make redevelopment of this site challenging. There is an existing developed area with an existing cottage situated on a rock outcropping which is serviced by a driveway, an existing well, outhouse, and composting toilet. The property is an existing lot of record without road frontage. There is a registered right-of-way on title that permits the owners of the subject property to travel over the property to the north to access Carrying Place Road. The topography of properties in proximity to the subject lands are similar in land formation. A visual perspective from the location of the existing cottage, provided staff with the opportunity to view the surrounding shoreline. Existing surrounding structures were not visible from this view point which enforced the requirement to respect the Rideau Canal World Heritage River, National Historic Site and UNESCO World Heritage Site. At the recommendation of Township staff, a coordinated site visit of the property including Planning staff, Public Services staff, RWDRT/CRCA staff and the agent (Ethan Gurr) occurred on February 4, 2019. The agent discussed the proposal to remove the existing cottage, located on an existing rock outcropping, and to remove the existing detached garage. The applicant would like to have the rock outcropping levelled in order to accommodate for the new cottage with an attached garage. The location of the new septic system is to be located to the north of the new cottage and attached garage. An application has been submitted to KFL&A Public Heath for a new sewage system (file #ST-63-18) which has been approved effective January 28, 2019. The February 4, 2019 site visit provided staff with a clearer understanding of the existing conditions of the cottage and the challenges that the applicant and agent are faced in accommodating a new dwelling, attached garage and septic system on the subject lands. On-site it was confirmed that the proposal is not bringing the proposed location of the new dwelling 10 metres closer to the highwater mark than the existing structure. The applicant/agent is proposing to locate the new dwelling 19.8 metres (65 ft) which is 2.8 metres (9.19 ft) further from the highwater mark than the existing structure (17m from the highwater mark). It was also confirmed that the existing rock formations and dramatic changes in topography on the subject property make re-development elsewhere on the property extremely challenging. The agent had requested the Committee of Adjustment defer minor variance application MV-31-18-S in February 2019 in order of providing additional time for the applicant and agent to submit elevation drawings of the proposed dwelling and attached garage for review by Township staff, RWDRT/CRCA staff and the South Frontenac Committee of Adjustment. Planning staff and RWDRT/CRCA staff had requested the applicant to evaluate the option of locating the proposed dwelling further back from the highwater mark to reduce the visibility of the new dwelling from Cranberry Lake. Revised drawings and floor plan and elevation plans were provided to the RWDRT/CRCA for review and comment. The RWDRT staff have indicated that they have no objections to the approval of the minor variance.

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 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 Resources, 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. Based on the revised submission, the RWDRT recognizes that the construction would be no closer to the highwater mark of the existing cottage. The new cross-section drawing indicates that much of the new building would be located behind a ridge of bedrock that parallels the shoreline where contaminants and other adverse effects from the use of the land (including the septic system) would mostly be directed away from the lake. The RWDRT staff have no concerns with the proposal from a water quality perspective. Section 3: Protecting Public Health and Safety of the PPS contains policies that speak to directing development outside of hazardous lands. The RWDRT have noted that the proposed new building may protrude slightly into the 15 metres setback from the flood plain but staff note that it would be elevated approximately 5 metres higher than the flood plain level due to the steep nature of the land near the shore. Staff have noted that they have no concerns with the proposal from an erosion hazard and water quality perspective. South Frontenac 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 within 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 have provided approval for a new septic system. South Frontenac Zoning By-law: Rural (RU) Zone The property is zoned Rural (RU) Zone in the Township of South Frontenac Zoning Bylaw. The Rural Zone permits a single detached dwelling on the property. The property enjoys legal non-complying status of the existing cottage as it is 60 feet (18.29 metres) from the highwater mark. The applicant/agent is seeking relief from the Zoning Bylaw to vary Section 5.8.2 a and 7.3.2 to vary the 30m setback from the highwater mark of Cranberry Lake to 19.7 metres (65 ft) from the Township of South Frontenac Zoning Bylaw. The applicant would like to construct the new cottage with an attached garage with a setback of 19.7m (65 ft) from the highwater mark of Cranberry Lake. When considering if the application is minor, it is important to remember that the evaluation of minor is not solely a quantitative analysis, but rather the consideration of the impact of the proposed development. Planning staff are supportive of the request for zoning relief to permit the demolition of the existing garage and cottage and reconstruction of the new cottage with attached garage and new septic system.

Agency Comments Rideau Waterway Development Review Team – Comments dated May 2, 2019 indicate that staff have no objection to the approval of application MV-31-18-S based on their consideration for natural hazards, water quality protection policies and natural and cultural heritage. The RWDRT indicated in their July 5, 2019 comments that they have no further concerns with the amended application as the new construction would be no closer to the lakeshore than the existing development and would not significantly increase the visual impact of the building in view from the lake.

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT KFL&A Public Health – The application was circulated to the Public Health and comments dated January 28, 2019 indicate that an application to install a new septic system (file #ST-63-18) has already been submitted and approved by KFL&A Public Health. 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 cottage with attached garage at Part Lot 7, Concession 10, District of Storrington, Township of South Frontenac, municipally known as Carrying Place Road Township of South Frontenac 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 and Section 3: Protecting Public Health and Safety which then meets the intent of the Official Plan. The proposed single detached dwelling with attached garage will be setback further than the location of the existing cottage. The RWDRT have reviewed the location of the new dwelling which will be located behind a ridge of bedrock and have indicated that they have no concerns. • The variance conforms to the general intent and purpose of the Zoning Bylaw as the proposed single detached dwelling with attached garage will be located further from the highwater mark than the existing cottage. The property enjoys legal non-complying status for the existing cottage. • The variance is desirable for the appropriate development of the lands in question as the new single detached dwelling with attached garage will be located further from the highwater mark than the existing cottage and will be buffered from view of the shoreline. The applicant is proposing to install a new septic system for the property as approved by the Health Unit. • The variance is minor as the proposed construction is not anticipated to impact the character of the property as the structure will increase in massing and in height by two feet, the visual impact is not significantly greater than that of the existing structure and will not create a greater overall adverse impact on the cultural landscape of the canal.

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.

Minor variance is to permit the demolition of the existing cottage and detached garage and the construction of a new dwelling with attached garage on Cranberry Lake on the subject property at a setback of 19.8m (65 ft) from the highwater mark for a property that contains a single detached dwelling and detached garage in the Rural (RU) Zone consistent with the drawings submitted with the application (MV-31-18-S).
Minor variance MV-31-18-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
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.
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.

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