Committee Of Adjustment - 11 Jun 2020 - Agenda

Published June 11, 2020

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Reading Time 98 min read

Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: June 11, 2020 Collection: Council Agendas Municipality: South Frontenac

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TOWNSHIP OF SOUTH FRONTENAC COMMITTEE OF ADJUSTMENT MEETING AGENDA Online via Teleconference and Broadcast line to the South Frontenac’s Facebook Page http://www.facebook.com/SouthFrontenacTwp/

TIME: DATE: PLACE:

7:00 PM, Thursday, June 11, 2020 Council Chambers.

Electronic Meeting Information

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

Please visit the Virtual Committee of Adjustment Meetings page on the Township website for the link to register to be a participant in this meeting: https://www.southfrontenac.net/en/open-for-business/virtualcommittee-of-adjustment-meetings.aspx Instructions about participating via Computer, Laptop, Smartphone, Tablet and Telephone can be found at the above noted link as well. b)

During the Committee of Adjustment meeting staff will be following a PowerPoint Presentation, this presentation will be live-streamed on Facebook at the above noted link, but can also be viewed at the link below:

Call to Order

Adoption of Agenda

Declaration of pecuniary interest

Approval of Minutes – March 12, 2020

Consent Applications from Previous Meetings:

S-31-19-S (Stand Fast Homes Ltd.) Location: Part Lot 7, Concession 9, being part 1 on Plan 13R1524 District of Storrington, Township of South Frontenac, Larry York Road and Keller Road. Purpose of Application S-31-19-S: Consent for the creation of one new residential lot consisting of approximately 0.827 hectares (2.044 acres) with approximately 76.20 metres (250 feet) of road frontage on Keller Road and a depth of approximately 158.340 metres (519 feet) from a vacant property. The retained lands will be approximately 1.066 hectares (2.634 acres) in area with approximately 72.130 metres (236.6 feet) of frontage along Keller Road and Larry York Road.

4 - 75

76 - 90

Page 1 of 181

New Minor Variance Applications:

Purpose of Application To reduce the minimum lot frontage from 76 metres (250 feet) to 72 metres (236 feet) for the retained parcel of land. The applicant is seeking relief from section 14.3 Urban Residential – First Density Zone (UR1) Zone Regulations for the lot frontage minimum which requires 76 metres (250) of frontage on a public road for all severed and retained properties. The severed and retained properties will meet and/or exceed the required 2 acres (8,000 square metres) of land.

91 103

MV-41-19-L (Seguin) Location: Part Lot 22, Concession 11, District of Loughborouh, Township of South Frontenac, municipally known as 1179 Hidden Valley Lane, Buck Lake. Purpose of Application: To reduce the highwater mark and front yard setback from 30 metres to 15.7 metres (51.51 feet) to permit the construction of an accessory building, being a detached garage on the subject property, to allow a portion of the primary dwelling to be raised to accommodate the addition of a foundation within the highwater mark setback, to permit an increase in lot coverage for the primary dwelling from 5% to 15.3% and accessory buildings from 5% to 6%. The applicant is seeking relief from Section 10.3.1 and 10.3.2, Limited Service Residential – Waterfront Zone Regulations and Section 5.8.2 Flooding and Shoreline Erosion Hazards which require a 30 metre setback from the high water mark and sections 5.24.1 and 10.3.1 which allows for 5% lot coverage for accessory buildings and principal buildings respectively and section 5.10.2 which does not allow for an increase in height to an existing building within the highwater mark setback.

104 135

MV-46-19-L (Jefferies) Location: Part Lot 1, Concession 12, being Lot 7 on Plan 1937, District of Loughborough, Township of South Frontenac, municipally known as 1020 Deer Park Lane. Purpose of Application: To permit an increase to the allowable height of an accessory building, being a detached garage, from 6 metres (19.7 feet) to 9.45 metres (31 feet). The applicant is seeking relief from Section 10.3.2 of the Township of South Frontenac Comprehensive Zoning By-Law which allows for the maximum height of an accessory building to be 6 metres (19.7 feet).

136 151

MV-01-20-L (Leonard) Location: Part Lot 1, Concession 8, being Parts 1, 2 & 5 on Plan 13R2250, District of Loughborough, Township of South Frontenac, municipally known as 1004 Goslin Lane. Purpose of Application: To reduce the setback from the highwater mark from 30 metres to 22.25 metres (73 feet) to permit the construction of a 920 square foot addition to the existing cottage and to allow for an increase in height to an existing legal non-complying structure to allow for the addition of a proper foundation. 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 setback from the high water mark and section 5.10.2 to allow for an increase in the height of the building.

152 181

Other Business

Page 2 of 181

Adjournment

Page 3 of 181

Township of South Frontenac Committee of Adjustment Meeting Thursday, June 11, 2020 7:00 p.m. Council Chambers Virtual Meeting 4432 George Street, Sydenham, ON Page 4 of 181

Welcome to First Virtual Meeting for the Committee of Adjustment This is a hearing of the Committee of Adjustment for the Township of South Frontenac. All members of the public are muted on our end and your cameras will not be turned on. Committee Members • Alan Revill (Chair of the Committee)

• Norm Roberts • Mike Nolan

Township Staff • Angela Maddocks (Clerk & Meeting Host) • Tess Gilchrist (Contract Planner) • Anna Geladi (Planner) • Michelle Hannah (Planning Assistant)

• Ray Leonard

• Mike Howe • Tom Bruce Page 5 of 181

• Ken Gee

• Randy Ruttan 2

Format for the Meeting

The Chair, will introduce the file
The planner provides an overview of the application
Committee members ask questions
Comments from the applicant or their agent
Public can ask questions
The Committee will then deliberate and vote on the application. Members of the Committee raising their hands to vote
The Chair will state whether the vote was carried

Page 6 of 181

After the Meeting: Next Steps • All items on the agenda today are previously deferred. The Committee of Adjustment will first hear applications for consent, followed by applications for minor variance. • If a person or public body does not make oral submissions at the meeting or make written submissions to the Township of South Frontenac before a decision is made, the person or public body is not entitled to appeal the decision.

• The applicant, the Minister, or any other person or public body who has an interest in the matter may within 20 days of making the decision or date of notice appeal to the Local Planning Appeal Tribunal against the decision of the committee by filing with the Secretary-Treasurer of the Committee a notice of appeal. • Township staff will be in touch following the meeting and will be forwarding a copy of the decision within 15 days of this meeting to the applicant and anyone who has requested to be notified. • If you have any questions after the meeting, please reach out to staff Page 7 of 181

How to Speak Regarding an Application • The Chair of the meeting will open the floor to public comments • Click “Raise Hand” button to request to speak or dial *9 (star nine) when calling in by telephone • The Chair will recognize a member of the public, and the Meeting Host will unmute the member of the public. • Once the member of the public is done speaking or the Committee has no further questions, the Meeting Host will mute their microphone.

Page 8 of 181

In Case of Technical Difficulties • If a Committee member disconnects from the meeting, the meeting will proceed if quorum is met and the Committee member will attempt to reconnect. • Should all members of the Committee disconnect, members will be asked to reconnect.

• If the meeting cannot be restored within 15 minutes, the meeting will be postponed. • Staff will be in touch with applicants • A notice will also be posted on the Township’s social media letting you know.

Page 9 of 181

Agenda • Call to Order

• Adoption of Agenda • Declaration of Pecuniary Interests • Approval of Minutes of previous meeting • Consent Applications • Minor Variance Applications deferred from a previous meeting • Other Business • Adjournment Page 10 of 181

Consent Applications Page 11 of 181

Application: S-31-19-S Owner: Stand Fast Homes Ltd. Location of Property: Part Lot 7, Concession 9, being Part 1 on Plan 13R1524, District of Storrington, Township of South Frontenac, York Road and Keller Road

Recommendation: It is recommended that the Committee of Adjustment approve the application subject to conditions.

Page 12 of 181

Application: S-31-19-S Owner: Stand Fast Homes Ltd.

Proposal: • The Applicants are applying for the creation of a new lot of approximately 2.044 acres (0.827 hectares) with 76.2 metres (250 feet) of road frontage. • The retained parcel meets the area requirement but has a proposed reduced frontage of 72.13 metres (236.6 feet). This application is related to Minor Variance application MV-4219-S. Page 13 of 181

Application: S-31-19-S Owner: Stand Fast Homes Ltd.

Planning Analysis: Consistent with Provincial Policy Statement, 2020:

Yes

Current Official Plan Designation:

Settlement Area - Battersea

Application conforms with Official Plan, 2003:

Yes

Current Zoning:

Urban Residential First Density (UR1)

Application Complies with Zoning By-law 2003-75:

Minor Variance Application MV-42-19-S

Page 14 of 181

Application: S-31-19-S Owner: Stand Fast Homes Ltd.

Page 15 of 181

Application: S-31-19-S Owner: Stand Fast Homes Ltd.

Agency Comments KFL&A Public Health:

• KFL&A indicated that the proposed severed and retained lots are capable of providing flexibility in siting a sewage disposal system and specific requirements for additional soil will be handled through the Application to Construct a Sewage System prior to site development.

Cataraqui Region Conservation Authority: • Not required to be circulated.

Public Services:

• The Public Services Department has confirmed that there are adequate sight lines for the proposed entrances, there are no special drainage/ditching concerns related to the creation of the new lot, and the overall road condition is adequate to serve the increased development/traffic.

Public Comments: Page 16 of 181

• No comments from the public have been received to date.

Recommendation: It is recommended that the Committee of Adjustment approve the application subject to conditions.

Page 17 of 181

Application: S-31-19-S Owner: Stand Fast Homes Ltd. Proposed Conditions of Approval 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 Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands ▪ The land to be severed by Consent Application S-31-19-S shall be for the creation of one new lot with an area of approximately 0.827 hectares (2.044 acres) of vacant land with approximately 76.2 metres (250 feet) of frontage along Larry York Road.

Page 18 of 181

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)]. ▪ The surveyor or applicant shall submit the draft Reference Plan electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office. 15

Application: S-31-19-S Owner: Stand Fast Homes Ltd. Proposed Conditions of Approval Road Widening

The surveyor who prepares the reference plan referred to in Condition #3 and #4 shall also determine by survey the width of the public road to be 66 feet. If such width is less than 66 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 ensure there is a 66 foot road allowance; 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 Page 19 of 181

prior to the issuance of the Certificate of Official.

Application: S-31-19-S Owner: Stand Fast Homes Ltd. Proposed Conditions of Approval

Page 20 of 181

Municipal Requirements

Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the issuance of the Certificate of Official.
The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Applications S-31-19-S, in lieu of parkland [Planning Act, s. 51(1)].
In the event that there are abandoned wells located on the property being severed, and the retained property, they shall be sealed in accordance with the requirements of the Ministry of the Environment and that this work shall be accomplished prior to the issuance of the Certificate of Official.
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-31-19-S.
The applicant shall enter into a Development Agreement with the Township to be registered on title to the severed and retained parcels to address the development of the lots, including obtaining an entrance permit from the Township for a driveway and the preparation of a lot grading and drainage plan prepared by an Engineer or Ontario Land Surveyor to be approved by the Township prior to construction. Zoning
Where a violation of the Township of South Frontenac Comprehensive Zoning Bylaw is evident, the appropriate minor variance or rezoning shall be obtained to the satisfaction of the Municipality. 17

Questions from Committee Members If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen • If you are calling in by phone, please dial *9 (star nine) Please wait to speak until you hear your name and your microphone has been unmuted

Page 21 of 181

Comments from the Applicant and/or the Agent If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen • If you are calling in by phone, please dial *9 (star nine) Please wait to speak until you hear your name and your microphone has been unmuted

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Page 23 of 181

Resolution & Voting Committee Members please indicate if you are in favour of the resolution by using the raise hand button or if calling by telephone, pressing *9.

Page 24 of 181

Minor Variance Applications Page 25 of 181

Application: MV-42-19-S Owner: Stand Fast Homes Ltd. Location of Property: Part Lot 7, Concession 9, being Part 1 on Plan 13R1524, District of Storrington, Township of South Frontenac, York Road and Keller Road

Recommendation: It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-42-19-S, subject to conditions.

Page 26 of 181

Application: MV-42-19-S Owner: Stand Fast Homes Ltd.

Page 27 of 181

53 /73

Application: MV-42-19-S Owner: Stand Fast Homes Ltd.

Proposal: The Applicants are requesting permission to create a new lot with a lot frontage of 72.13 metres (236.6 feet), whereas the Zoning By-law requires a minimum of 76.2 metres (250 feet).

Page 28 of 181

53 /73

Application: MV-42-19-S Owner: Stand Fast Homes Ltd.

Relief Sought Official Plan Designation: Settlement Area - Battersea Zoning: UR-1

Zoning Relief Requested:

Section 14.3: UR Zone

Relief: To permit the creation of a new lot with a lot frontage of 72.13 metres (236.6 feet), whereas the Zoning By-law requires a minimum of 76.2 metres (250 feet).

Page 29 of 181

The application, as presented, meets the four tests. 26

Application: MV-42-19-S Owner: Stand Fast Homes Ltd.

Page 30 of 181

Frontage 27

Application: MV-42-19-S Owner: Stand Fast Homes Ltd.

Agency Comments • KFL&A Public Health: • KLF&A indicated that the proposed severed and retained lots are capable of providing flexibility in siting a sewage disposal system and specific requirements for additional soil will be handled through the Application to Construct a Sewage System prior to site development.

• Cataraqui Region Conservation Authority (CRCA): • No development is proposed in association with this application for a lot addition, therefore CRCA was not circulated.

• Public Services: • The Public Services Department has confirmed that there are adequate sight lines for the proposed entrances, there are no special drainage/ditching concerns related to the creation of the new lot, and the overall road condition is adequate to serve the increased development/traffic. Page 31 of 181

• Public Comments: • To date, no comments have been received from the public. 28

Page 32 of 181

Application: MV-42-19-S Owner: Stand Fast Homes Ltd.

Proposed Conditions of Approval

A building permit is required for ALL construction on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac.

Minor variance MV-42-19-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.

Page 33 of 181

Page 34 of 181

Questions from the Public If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen • If you are calling in by phone, please dial *9 (star nine) Please wait to speak until you hear your name and your microphone has been unmuted Page 36 of 181

Resolution & Voting Committee Members please indicate if you are in favour of the resolution by using the raise hand button or if calling by telephone, pressing *9.

Page 37 of 181

Application: MV-41-19-L Owner: David & Christine Seguin Location of Property: Part Lot 22, Concession 11, District of Loughborough, Township of South Frontenac, municipally known as 1179 Hidden Valley Lane, Buck Lake

Recommendation: It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-41-19-L, subject to conditions.

Page 38 of 181

Application: MV-41-19-L Owner: David & Christine Seguin

Page 39 of 181

Application: MV-41-19-L Owner: David & Christine Seguin

Proposal: The Applicants are requesting permission to permit the renovation of the existing dwelling, replacement of existing decks, the addition of a new roof over a new door entrance and the construction of a new detached garage.

Page 40 of 181

Application: MV-41-19-L Owner: David & Christine Seguin

Relief Sought Official Plan Designation:

Buck Lake

Rural Zoning: Limited Service Residential Waterfront Zone (RLSW) Section 5.8.2 a): Flooding and Shoreline Erosion Hazards

Zoning Relief Requested:

Relief: To permit the renovation and partial reconstruction of an existing single detached dwelling and waterfront deck with a highwater mark setback of 6.2 metres (20.3 feet), whereas the Zoning By-law requires a 30 metre (98.4 feet) setback from the highwater mark for all buildings and structures. Relief: To permit the construction of an accessory building (detached garage) with a highwater mark setback of 15.7 metres (51.5 feet), whereas the By-law requires a 30 m (98.4 foot) setback from the high water mark for all buildings and structures.

Page 41 of 181

The application, as presented, meets the four tests. 38

Application: MV-41-19-L Owner: David & Christine Seguin

Relief Sought Section 5.10.2: Existing Buildings within 30 Metres of a Waterbody

Relief: To permit the enlargement (height) of a portion of a non-complying structure, in this case an existing detached dwelling and reconstruction of a waterfront deck with a highwater mark setback of 6.2 metres (20.3 feet).

Section 10.3.1: RLSW Zone – Principal Building

Relief: To permit the reconstruction of a portion of a single detached dwelling and waterfront deck with a highwater mark setback of 6.2 metres (20.3 feet), whereas the By-law requires a 30 metre (98.4 foot) setback from the high water mark for the principal building. Relief: To permit a lot coverage of 11.8% for the existing principal dwelling and west deck, whereas the By-law permits a maximum of 5%.

Section 10.3.2: RLSW Zone Accessory Buildings

Relief: To permit the construction of an accessory building (detached garage) with a highwater mark setback of 15.7 metres (51.5 feet), whereas the By-law requires a 30 metre (98.4 foot) setback from the high water mark for the principal building.

Page 42 of 181

The application, as presented, meets the four tests. 39

Application: MV-41-19-L Owner: David & Christine Seguin

Page 43 of 181

Location for the proposed development

Application: MV-41-19-L Owner: David & Christine Seguin Agency Comments • KFL&A Public Health: • KFL&A Public Health had no objections to the minor variance. The proposed garage does not impact the existing sewage system or the installation of a replace sewage system in the future and a septic system performance review LO-16-20 has been approved. • Cataraqui Region Conservation Authority (CRCA): • CRCA staff did not support the approval of the original minor variance application, due to the proposed total lot coverage exceeding 21% for the principal dwelling and the accessory buildings, and it was the opinion of staff that this level of development within the water setback on a very small lot did not meeting the intent of the PPS, Official Plan and the Zoning By-law. Subsequent to receiving the CRCA’s comments, the applicant revised the proposal to reduce lot coverage. CRCA staff find the reduction in lot coverage through the removal of a deck and shed to be a reasonable approach and CRCA staff support the approval of the minor variance application, as revised.

• Public Services: • The subject property is located on a private lane, therefore Public Services was not circulated. • Ministry of Environment, Conservation and Parks: • The Ministry indicated that since the garage will be in a downslope from the lake, MECP did not have any objections to the application. • Public Comments: Page 44 of 181

• To date, no comments have been received from the public.

Page 45 of 181

Application: MV-41-19-L Owner: David & Christine Seguin

Proposed Conditions of Approval 1.

The Minor variance is for the construction of a 44.65 m2 (480.6 ft2) detached garage to the rear of the existing 102.19 m2 (1,100 ft2) waterfront cottage and existing 20.4 m2 (219.6 ft2) west deck, to be constructed as per the revised drawings dated June 2, 2020 submitted with MV-4119-L. 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 and environmental standards of the Township prior to the issuance of a building permit: a)

A shoreline remediation plan to be prepared for the portion of waterfront on Buck Lake where the pontoon docking system is to be removed, and converted to a cobble (or some other fill type) stormwater spill site, to minimize soil erosion and facilitate the natural revegetation. The shoreline remediation plan shall be reviewed by the Township, in consultation with the Conservation Authority, prior to the issuance of an occupancy permit under the Ontario Building Code. A silt screen be installed between the construction area and the lake, and be maintained throughout the construction process, and until any disturbed soils have stabilized and vegetation growth is evident.

Page 46 of 181

A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac. Minor variance MV-41-19-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.

Page 47 of 181

Resolution & Voting Committee Members please indicate if you are in favour of the resolution by using the raise hand button or if calling by telephone, pressing *9.

Page 50 of 181

Application: MV-46-19-L Owner: David & Gail Jefferies Location of Property: Part Lot 1, Concession 12, being Part 7 on Plan 1937, District of Loughborough, Township of South Frontenac, municipally known as 1020 Deer Park Lan, Fourteen Island Lake

Recommendation: It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-46-19-L, subject to conditions.

Page 51 of 181

Application: MV-46-19-L Owner: David & Gail Jefferies

Page 52 of 181

Application: MV-46-19-L Owner: David & Gail Jefferies

Proposal: The Applicants are requesting permission for the height of an existing accessory building to be 9.45m (31 feet) whereas the Zoning By-Law for RLSW limits the height of an accessory building to be a maximum of 6m (19.7 feet)

Page 53 of 181

Application: MV-46-19-L Owner: David & Gail Jefferies

Relief Sought Official Plan Designation:

Rural Zoning: RLSW-27 Section 10.3.2: Accessory Buildings

Zoning Relief Requested: Relief: To recognize the height of an existing accessory building (detached garage) with a height of 9.45 metres (31 feet), whereas the Zoning Bylaw limits the height of an accessory building to be a maximum of 6 metres (19.7 feet).

Page 54 of 181

The application, as presented, meets the four tests. 51

Application: MV-46-19-L Owner: David & Gail Jefferies

Page 55 of 181

Existing garage

Garage relative to the House 52

Application: MV-46-19-L Owner: David & Gail Jefferies

Agency Comments • KFL&A Public Health: • KFL&A Public Health were circulated on the application because there is a washroom on the second storey of the detached garage. Correspondence from KFL&A Public Health was received January 27, 2020 indicating that a site inspection would be postponed until weather conditions improved. Subsequent correspondence was received March 25, 2020 indicating that KFL&A Public Health has no objections to the proposed minor variance application.

• Quinte Conservation Authority: • Quinte was not circulated due to the location and scope of the proposed development.

• Public Services: • The subject property is located on a private lane, therefore Public Services was not circulated.

• Building Department: • The Building Department advised that a building permit was not originally obtained for the detached garage and has also advised on the requirements to obtain one. Page 56 of 181

• Public Comments: • To date, no comments have been received from the public. 53

Page 57 of 181

Application: MV-46-19-L Owner: David & Gail Jefferies

Proposed Conditions of Approval • A building permit be obtained for the accessory structure (detached garage). • A building permit is required for ALL construction on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac. • Minor variance MV-46-19-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws. Page 58 of 181

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Resolution & Voting Committee Members please indicate if you are in favour of the resolution by using the raise hand button or if calling by telephone, pressing *9.

Page 62 of 181

Application: MV-01-20-L Owner: Bradley & Stephanie Leonard Location of Property: Part Lot 1, Concession 8, being Parts 1, 2 and 5 on Plan 13R2250, District of Loughbrough, Township of South Frontenac, municipally known as 1004 Goslin Lane, Knowlton Lake

Recommendation: It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-01-20-L, subject to conditions.

Page 63 of 181

Application: MV-01-20-L Owner: Bradley & Stephanie Leonard

Page 64 of 181

Application: MV-01-20-L Owner: Bradley & Stephanie Leonard

Proposal: The Applicants are requesting permission to L-shaped addition to the rear of the existing waterfront cottage and to permit an increase in height to the existing cottage in order to replace the existing roof with a new pitched roof.

Page 65 of 181

Application: MV-01-20-L Owner: Bradley & Stephanie Leonard

Relief Sought Official Plan Designation: Rural Knowlton Lake – At Capacity Trout Lake Zoning: Limited Service Residential Zoning Relief Requested: Waterfront Zone (RLSW)

Page 66 of 181

Section 5.8.2 a): Flooding and Relief: To permit the construction of an addition with a Shoreline Erosion Hazards highwater mark setback of 22.2 metres (73 feet), whereas the Zoning By-law requires a 30 metre (98.4 feet) setback from the highwater mark for all buildings and structures. Section 5.10.2: Existing Buildings Relief: To permit the enlargement (footprint and height) within 30 Metres of a Waterbody of a non-complying structure, in this case an existing detached dwelling with a highwater mark setback of 16.1 metres (53 feet). Section 10.3.1: Highwater mark Relief: To permit the construction of an addition to an setback existing single detached dwelling with a highwater mark setback of 22.2 metres (73 feet), whereas the Zoning Bylaw requires a 30 metre (98.4 feet) setback from the highwater mark for all buildings and structures.

The application, as presented, meets the four tests. 63

Application: MV-01-20-L Owner: Bradley & Stephanie Leonard

Page 67 of 181

Location for the proposed development

Application: MV-01-20-L Owner: Bradley & Stephanie Leonard

Agency Comments • KFL&A Public Health: • KFL&A Public Health had no objections to the minor variance and a septic system performance review LO-2-20 has been approved. • Cataraqui Region Conservation Authority (CRCA):

•

• CRCA indicated they concur with the findings of the Preliminary EIA, which was submitted in support of the application. The EIA suggests that there are no anticipated impacts to species at risk and concludes that the development will not cause measurable impact on Knowlton Lake. CRCA staff have no objection to the approval of this application, based on their consideration for natural hazard, natural heritage and water quality policies. CRCA staff recommend that roof runoff be directed away from the shoreline of Knowlton Lake. Public Services: • The subject property is located on a private lane, therefore Public Services was not circulated. • Ministry of Environment, Conservation and Parks: • The Ministry requests a Development Agreement on title to address a shoreline planting plan as per the recommendations provided in the Preliminary EIA. • Public Comments:

Page 68 of 181

• To date, no comments have been received from the public.

Page 69 of 181

Application: MV-01-20-L Owner: Bradley & Stephanie Leonard Proposed Conditions of Approval 1.

The Minor variance is for the construction of an 85.5 metre2 (920 feet2) L-shaped addition to the rear of the existing 89.2 metres2 (960 feet2) waterfront cottage to be constructed as per the drawings submitted with MV01-20-L.

The applicant is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the matters and requirements of the Township: • A shoreline remediation plan to be prepared for the waterfront on Knowlton Lake. The plan to include the removal of the wooden break walls and terraces down gradient of the upper deck and re-naturalization of the shorefront with native trees and shrubs, to intercept and sequester nutrient movement toward the lake. • Roof runoff be directed away from the shoreline of Knowlton Lake.

Minor variance MV-01-20-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.

Page 70 of 181

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Resolution & Voting Committee Members please indicate if you are in favour of the resolution by using the raise hand button or if calling by telephone, pressing *9.

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Township of South Frontenac Committee of Adjustment Meeting Conclusion/Adjournment

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

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

June 4, 2020

Application Nos: Owner: Location of Property:

S-31-19-S Stand Fast Homes Ltd. Part Lot 7, Concession 9, being Part 1 on Plan 13R1524, District of Storrington, Township of South Frontenac, York Road and Keller Road Purpose of Application: Consent for the creation of a new lot Date of Hearing: June 11, 2020 Recommendation: That provisional consent be: 

granted with conditions (attached) deferred denied

Purpose:

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

Area Severed: 0.827 ha (2.044 ac)

Official Plan Designation: Settlement Area- Battersea

Water Frontage: N/A

Zoning: UR-1

Road Frontage: 76.2 m (250 ft) Area Retained: 1.066 ha (2.634 ac)

Official Plan Designation: Settlement Area - Battersea

Water Frontage: N/A

Zoning: UR-1

Road Frontage: 72.13 m (236.6 ft)

Review This application:  Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act);  Does not require a plan of subdivision for the proper and orderly development of the municipality (s. 53(1) Planning Act);  Conforms with section 51(24) of the Planning Act;  Conforms with the County of Frontenac Official Plan (3.3.);  Conforms with the Township of South Frontenac Official Plan (5.6.6 & 7.1);  Complies with the Township of South Frontenac Zoning By-law 2003-75 (or will comply subject to Minor Variance Application MV-42-19-S being approved); and  Has no unresolved objections/concerns raised (to date) from agencies or the public. Page 84 of 181

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Proposal An application for consent for the creation of a new lot has been received. The consent application seeks to permit the creation of a new lot which complies with the minimum requirements of 76.2 metres (250 feet) and 0.8 ha (2 acres) for the Urban Residential zone for the severed parcel. The retained parcel meets the lot area requirement but has a proposed reduced frontage of 72.13 metres (236.6 feet). This application is related to Minor Variance application MV-42-19-S. The subject property is located within the Settlement Area of Battersea on the west side of Larry York Road where it meets Keller Road. The property is vacant.

Agency Analysis and Comments Public Services Department – The Public Services Department has confirmed that there are adequate sight lines for the proposed entrances, there are no special drainage/ditching concerns related to the creation of the new lot, the overall road condition is adequate to serve the increased development/traffic. KFL&A Public Health – KFL&A Public Health issued a letter on January 27, 2020 indicating site inspections would be postponed until the weather conditions improved. Subsequent correspondence was received March 24, 2020 indicating that the proposed severed and retained lots are capable of providing flexibility in siting a sewage disposal system and specific requirements for additional soil will be handled through the Application to Construct a Sewage System prior to site development. Cataraqui Region Conservation Authority (CRCA) – No development is proposed in association with this application for a lot addition, therefore CRCA was not circulated. Public Comments – At the time of the writing of this report, no written comments have been received from the public.

Planning Analysis Summary A review of the Settlement Areas Lot Creation Policies in Section 5.6.6 of the Official Plan confirms that the subject property is eligible for the proposed consent and has not exceeded the maximum number of severances permitted from a lot of record existing the day of adoption of this Plan by Council. In accordance with Section 5.6, the majority of new growth in the municipality will be directed to existing settlement areas where it can be supported by appropriate servicing. The subject property is located in Battersea, which is a designated Settlement Area. Section 7.1 includes the general consent policies applicable to all land use designations. As per Section 7.1, the consent application meets the following criteria: a) A Plan of Subdivision is not appropriate for this situation and there are no adverse environmental, social or economic impacts on the Township or adjacent land uses. b) The subject property is currently vacant. c) The lot area of the severed and retained parcels is appropriate for the residential use of the property and meets the minimums of the UR-1 Zone. d) The proposed severance is a logical division of an irregularly shaped parcel. e) The subject property is not subject to any physical hazards. f) A sketch was submitted with the application which adequately describes the proposed severed and retained lots. g) The application is for one severed and one retained lot. Page 85 of 181

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT h) The subject parcel has frontage on a public road. i) Public Services has confirmed that the proposed severance will not create a traffic hazard. j) Not applicable. The subject property is not on Highway 38. k) Separation distances are achieved. l) MDS is not applicable for lot creation within Settlement Areas. m) Through a condition of consent, a surveyor will verify the width of the road allowance and will advise the Township if a road widening is required. If a road widening is required, the applicant shall transfer the road widening to the Township at no cost. n) Cash in lieu of Parkland will be addressed through consent condition. o) Recommended conditions are included in this report. p) Coordination with School Boards was not completed for this application. q) Monitoring of the resulting financial implications for the Municipality related to the cumulative effect of development in ongoing. r) Public Services has confirmed that the proposed driveway entrances are appropriate. s) Conditions related to potable water are included. KLF&A Public Health has confirmed that the lots can accommodate appropriate sanitary sewage disposal systems. t) The proposed lots will be on private water and septic services.

Conclusion It is recommended that the Committee of Adjustment received comments from the public and pending comments received, approve application S-31-19-S for consent to create one new lot in Part Lot 7, Concession 9, being Part 1 on Plan 13R1524, District of Storrington, Township of South Frontenac, York Road and Keller Road, subject to conditions.

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 conditions are fulfilled within one year, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands
The land to be severed by Consent Application S-31-19-S shall be for the creation of one new lot with an area of approximately 0.827 hectares (2.044 acres) of vacant land with approximately 76.2 metres (250 feet) of frontage along Larry York 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)].

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 4. The surveyor or applicant shall submit the draft Reference Plan electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office. Road Widening 5. The surveyor who prepares the reference plan referred to in Condition #3 and #4 shall also determine by survey the width of the public road to be 66 feet. If such width is less than 66 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 ensure there is a 66 foot road allowance; 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 the issuance of the Certificate of Official. Municipal Requirements 6. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the issuance of the Certificate of Official. 7. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Applications S-31-19-S, in lieu of parkland [Planning Act, s. 51(1)]. 8. In the event that there are abandoned wells located on the property being severed, and the retained property, they shall be sealed in accordance with the requirements of the Ministry of the Environment and that this work shall be accomplished prior to the issuance of the Certificate of Official. 9. The Owner shall submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through Consent Application S-31-19-S. 10. The applicant shall enter into a Development Agreement with the Township to be registered on title to the severed and retained parcels to address the development of the lots, including obtaining an entrance permit from the Township for a driveway and the preparation of a lot Page 87 of 181

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT grading and drainage plan prepared by an Engineer or Ontario Land Surveyor to be approved by the Township prior to construction. Zoning 11. Where a violation of the Township of South Frontenac Comprehensive Zoning Bylaw is evident, the appropriate minor variance or rezoning shall be obtained to the satisfaction of the Municipality. Submitted by: Tess Gilchrist, MCIP RPP, Contract Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Attachments: Map of Stand Fast Homes Ltd. property Site Visit: January 28, 2020

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December 23, 2019

MV-42-19-S

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Scale 1:2,000

0 5 10

Meters UTM Projection NAD 83

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

June 4, 2020

Application No: Owner: Location of Property:

MV-42-19-S Stand Fast Homes Ltd. Part Lot 7, Concession 9, being Part 1 on Plan 13R1524, District of Storrington, Township of South Frontenac, Larry York Road & Keller Road Purpose of Application: To vary Section 14.3 of the Township of South Frontenac Zoning Bylaw Date of Hearing: June 11, 2020 Recommendation: That provisional approval be:  granted with conditions (attached) deferred denied Purpose:

zoning relief for construction of a new structure zoning relief for replacement of an existing structure 

zoning relief for other (frontage)

Official Plan Designation: Settlement Area - Battersea Zoning: UR-1

Zoning Relief Requested:

Section 14.3: UR-1 Zone

Relief: To permit the creation of a new lot with a lot frontage of 72.13 metres (236.6 feet), whereas the Zoning By-law requires a minimum of 76.2 metres (250 feet).

Proposal An application for minor variance has been received in relation to Consent application S-31-19-S. The consent application seeks to permit the creation of a new lot which complies with the minimum requirements of 76.2 metres (250 feet) and 0.8 ha (2 acres) for the Urban Residential (UR-1) zone for the severed parcel. The retained parcel meets the lot area requirement but is deficient in frontage. The retained parcel has 72.1 metres (236.6 feet) of frontage, whereas the Zoning By-law requires 76.2 metres (250 feet) of frontage. The subject property is located within the Settlement Area of Battersea on the west side of Larry York Road where it meets Keller Road. The property is vacant.

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

KFL&A Public Health – In relation to the application for consent, KFL&A Public Health issued a letter on January 27, 2020 indicating site inspections would be postponed until the weather conditions improved. Subsequent correspondence was received March 24, 2020 indicating that the proposed severed and retained lots are capable of providing flexibility in siting a sewage disposal system and specific requirements for additional soil will be handled through the Application to Construct a Sewage System prior to site development. Cataraqui Region Conservation Authority – No development is proposed in association with this application for a lot addition, therefore CRCA was not circulated. Public Comments – At the time of the writing of this report, no written comments have been received from the public.

The subject property is eligible for the proposed consent and has not exceeded the maximum number of severances permitted from a lot of record existing the day of adoption of this Plan by Council. The proposed severed and retained lots are located within the Settlement Area of Battersea and are intended for residential development, which is consistent and compatible with the surrounding land uses. There are no natural features on the property. Minimum Distance Separation is not required for consents within settlement areas, as it is generally understood that the long-term use of the land is intended to be for non-agricultural purposed. A complete summary of the review of consent policies in Section 7.1 is included in the Planning Report for the related Consent Application S-31-19-S. The proposed minor variance conforms 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? Consistent with the Official Plan policies for Settlement Areas, the Section 14 of the Zoning By-law details the permitted uses and zone regulations for urban residential - first density development. The intent of the UR-1 zoning provisions is to achieve orderly residential development on private services within the settlement area. 

The proposed severed and retained lots meet the minimum lot area requirement of 0.8 ha (1.97 acres) which is the main indicator of whether the proposed lots can accommodate private services and achieve appropriate setbacks and lot coverage. The proposed single detached dwellings are a permitted use in the UR-1 zone. The slightly reduced lot frontage of 72.13 metres (236.6 feet) from 76.2 metres (250 feet) for the retained lands does not affect the ability of the lot to achieve all other regulations. This small reduction will not have an appreciable

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT impact on these lands and therefore, the proposed variance conforms to the general intent and purpose of the Zoning By-law. Is the application desirable for the appropriate development of the lands in question? 

The proposed variance is desirable for the appropriate development of the land, as the slight reduction to the lot frontage on the retained lands will not negatively affect the intended residential development of this property. The severed and retained lots are of similar size of adjacent properties and will have adequate frontage to ensure a safe driveway is sited on the properties. Public Services has confirmed that there are not concerns with respect to the proposed driveways on Larry York Road and Keller Road.

Is the application minor? 

The proposed variance is minor, both in terms of scale and impact. The reduced lot frontage on the retained lands is a small reduction numerically and will have no negative impact on surrounding properties. The proposed reduced frontage will have no appreciable difference from the road and will not affect the ability of the properties to be developed in accordance with all other zone regulations.

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

Conclusion It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-42-19-S, subject to 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

A building permit is required for ALL construction on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac.
Minor variance MV-42-19-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.

Submitted by: Tess Gilchrist, MCIP RPP, Consulting Planner, Township of Frontenac Page 102 of 181

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Date of Site Visit: January 28, 2020 Attachments: Map of the Stand Fast Homes Ltd. property

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

June 8, 2020

Application No: Owner: Location of Property:

MV-41-19-L David & Christie Seguin Part Lot 22, Concession 11, District of Loughborough, Township of South Frontenac, municipally known as 1179 Hidden Valley Lane, Buck Lake Purpose of Application: To vary Sections 5.8.2a), 5.10.2, 10.3.1 & 10.3.2 of the Township of South Frontenac Zoning Bylaw Date of Hearing: June 11, 2020 Recommendation: That provisional approval be: 

granted with conditions (attached) deferred denied

Purpose:

 zoning relief for construction of a new structure 

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

Official Plan Designation:

Buck Lake

Rural Zoning: Limited Service Residential Waterfront Zone (RLSW)

Zoning Relief Requested:

Section 5.8.2 a): Flooding and Shoreline Erosion Hazards

Section 5.10.2: Existing Buildings within 30 Metres of a Waterbody

Relief: To permit the enlargement (height) of a portion of a noncomplying structure, in this case an existing detached dwelling and reconstruction of a waterfront deck with a highwater mark setback of 6.2 metres (20.3 feet).

Section 10.3.1: RLSW Zone – Principal Building

Section 10.3.2: RLSW Zone Accessory Buildings

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Proposal An application for minor variance was originally received in November 2019 to permit the renovation of the existing dwelling, replacement of existing decks, the addition of a new roof over a new door entrance and the construction of a new detached garage on the subject property. The application, as originally filed, required relief from the highwater mark setback for enlarging the existing noncomplying dwelling, the reconstruction of decks, the construction of a new detached garage, and increased lot coverage for the proposed detached garage, in combination with an existing shed, and to recognize the non-complying lot coverage of the existing principal dwelling and decks. The subject property is located off Hidden Valley Lane, on Buck Lake, and is approximately 0.1 ha (0.25 acres) in area. The application was deferred at the February 13, 2020 hearing, as KFL&A Public Health was unable to complete their site inspection due to snow on the ground. The property currently contains a single detached dwelling of 102.19 m2 (1,100 ft2), which is located at 8.6 m (28.2 ft) from the highwater mark. There are decks on the south and west sides of the dwelling. The west deck is 20.4 m2 (219.6 ft2) and the south deck is 36.96 m2 (397.9 ft2). Both decks are at 6.2 m (20.3 ft) from the highwater mark. There is also an existing shed of 18 m2 (193.8 ft2) that straddles the south property line and is located at 11.6 m (38ft) from the highwater mark. The existing lot coverage for the dwelling and decks is 15.3% and 1.7% for the existing shed. Original Proposal: The original proposal involves the construction of a new 44.65 m2 (480.6 ft2) detached garage at 15.7 m (51.5 ft) from the highwater mark, as well as the reconstruction of both decks, and a portion of the existing dwelling. The proposed lot coverage for accessory buildings would increase to 6%, for a total combined lot coverage of 21.3%. Comments received from CRCA on June 1, 2020 indicated that CRCA staff did not support the approval of the minor variance application due to the level of development proposed within the water setback on a small lot. CRCA staff suggested the applicant consider measures to reduce lot coverage by reducing the overall footprint of existing and proposed development on the property. Township staff shared the same concerns with the proposed lot coverage. A revised application was submitted by the applicant on June 2, 2020 that proposes to remove the existing deck from the south side of the property, as well as the existing shed. Revised Proposal: The revised proposal is to construct a new 44.65 m2 (480.6 ft2) detached garage adjacent to the lane at 15.7 m (51.5 ft) from the highwater mark, raise a section of the existing 102.19 m2 (1,1000 ft2) dwelling for new foundation and add floor space to second storey at 8.6 m (28.2 ft) from the highwater mark, reconstruct the 20.4 m2 (219.6 ft2) west deck at 6.2 m from highwater mark, and add a 2.7m x 1.2m (3.24 m2/34.9 ft2) roof over the new entrance on east (non-waterfront) side of dwelling. The new proposal involves the removal of the existing 18 m2 (193.8 ft2) shed at 11.6m from highwater mark and the existing 36.96 m2 (397.9 ft2) south deck at 6.2 m from highwater mark. This revision results in a proposed lot coverage for the principal dwelling and west deck of 11.8% and a proposed lot coverage for accessory buildings of 4.3 % for a total lot coverage of 16.1%. This is a 5.2 % (55 m2/592 ft2) reduction in lot coverage from what was originally proposed.

Agency Analysis and Comments Public Services Department – The subject property is located on a private lane, therefore Public Services was not circulated. Building Department – The Building Department has advised that they have no objections to the application as presented and will review the detailed plans through the Building Permit process, should the application be approved. Page 131 of 181

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

KFL&A Public Health – In their correspondence dated May 15, 2020, KFL&A Public Health had no objections to the minor variance to construct a new garage. The proposed garage does not impact the existing sewage system or the installation of a replace sewage system in the future, subject to the requirements of the Ontario Building Code and the future Township of South Frontenac’s Zoning Bylaw. Performance review LO-16-20 has been approved. Cataraqui Region Conservation Authority – In their correspondence dated June 1, 2020, CRCA staff indicate that staff are generally satisfied with the opinions expressed within the submitted Environmental Site Evaluation (October 4, 2019 and revised November 4, 2019), however the report did not address lot coverage. CRCA staff did not support the approval of the original minor variance application, due to the proposed total lot coverage exceeding 21% for the principal dwelling and the accessory buildings, and it was the opinion of staff that this level of development within the water setback on a very small lot did not meeting the intent of the PPS, Official Plan and the Zoning By-law. Subsequent to receiving the CRCA’s comments, the applicant revised the proposal to reduce lot coverage. Revised comments from CRCA dated June 8, 2020 indicate that CRCA staff find the reduction in lot coverage through the removal of a deck and shed to be a reasonable approach and CRCA staff support the approval of the minor variance application, as revised. Ministry of Environment, Conservation and Parks – Comments received from Ministry of Environment, Conservation and Parks via phone call with the Planning Assistant, Ms. Michelle Hannah on January 29, 2020 indicated that since the garage will be in a downslope from the lake, MECP did not have any objections to the application. Public Comments – At the time of the writing of this report, no written comments have been received from the public.

The subject property is designated Rural in the Official Plan. As per Section 5.7, Lands designated Rural are characterized by a rural landscape which reinforces the historical relationship between Settlement Areas and the surrounding farm, rural and seasonal residential communities to which the Settlement Areas provide basic services. The amount and type of development in the Rural area shall be consistent with maintaining its rural, natural heritage and cultural landscape. As per Section 5.7.7, Limited service residential development is generally located in the Rural area of the Township on a body of water or a natural water course where the primary means of access is from a private road or a navigable waterway. Permitted uses include, single detached dwellings, seasonal residential dwellings, seasonal dwellings converted to permanent dwellings and home occupations. Furthermore, any proposed limited service residential development shall be designed to preserve as much as possible a site’s physical attributes, such as tree coverage, varying topography, scenic views, etc, for the benefit of future residents. 

The proposed minor variances conform to the general intent and purpose of the Official Plan as the proposed development (partial reconstruction and detached garage) is consistent with the permitted residential use of the property, and the character of the Hidden Valley Lane.

Section 5.2.7 b)(i) Policies for Development and Site Alterations Adjacent to Lakes and Rivers speaks to all lands within 90 metres (295 ft) of the highwater mark of all lakes and rivers which are Page 132 of 181

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT not designated Environmental Protection are included as Environmentally Sensitive Areas. Where development and site alterations are proposed in Environmentally Sensitive Areas, a minimum setback of 30m (98.4 ft) from the highwater mark shall apply for all buildings and structures. Furthermore, Section 5.2.7 b)(ii) 3) Policies for Development and Site Alterations Adjacent to Lakes and Rivers requires that proposals to construct additions to existing dwellings that are already within the 30 metre setback may be permitted but will be evaluated on the merits of the proposal based on the following: a) The ultimate gross floor area, building footprint and lot coverage being proposed; b) The closeness of the existing dwelling to the highwater; and c) The capacity of the lot to accommodate new development at a greater setback from the high watermark. In no case shall an already encroaching structure be permitted to encroach further on the setback from the highwater mark. 

The existing dwelling and attached deck have a setback of 6.2 metres (20.3 feet) from the highwater mark of Buck Lake. The proposed garage is located to the rear of the existing dwelling, at the farthest possible setback from the lake. The renovation and partial reconstruction of existing decks is limited to the existing footprint and will not reduce the highwater mark setback any further.

Section 5.2.8 Lake Trout Lakes identifies Buck Lake as a Highly Sensitive Lake Trout Lake. All development or site alterations proposed within 30 metres (98.4 feet) of the highwater mark require the submission of an Environmental Impact Assessment prepared in accordance with Section 5.2.11. This policy is consistent with Section 5.2.8 (a)(iv) Highly Sensitive Lake Trout Lakes which requires that minor variance applications be accompanied by an Environmental Impact Assessment in accordance with Section 5.2.11. 

The applicant provided an Environmental Site Evaluation prepared by Ecological Services in relation to the proposed garage construction and in support of this minor variance application. The report determined that there are no impacts to species at risk (SAR) as a result of this proposal. The report notes that although the garage is located on land that is sloping away from the lake, it is recommended that a silt screen be installed between the construction area and the lake, and be maintained throughout the construction process, and until and disturbed soils have stabilized. The report concludes that “proposed garage building will have no negative impact on any adjacent natural heritage features or on their ecological functions, and that the proposal is consistent with the intent of the PPS and South Frontenac Official Plan”. An addendum was provided November 4, 2019 to address the additional work to the existing dwelling and decks. The additional site upgrades were considered to have a neutral impact, although in certain cases had the potential to have positive impacts – including shoreline naturalization where the pontoon docking system is to be removed.

Consistent with Official Plan policy, Section 5.8 a) of Zoning By-law 2003-75 prohibits development within 30 metres (98.4 feet) of the highwater mark of a waterbody. Section 5.10.2 further describes that where a building is located within the 30 m setback from the highwater mark, it may be renovated or repaired provided that there is no enlargement of the structure, both in terms of floor area and height. Section 10 of the Zoning By-law details the permitted uses and zone regulations for limited service residential waterfront development. 

The intent of these zoning provisions is to maintain a shoreline buffer of 30 metres in an effort to preserve water quality of the Township’s waterbodies and waterways. The proposed variances conform to the general intent and purpose of the Zoning By-law, as the proposed garage is a located on the lane side of the dwelling, on a constrained lot. The existing dwelling and deck is within the 30 metre (98.4 foot) highwater mark setback and, therefore; it is not Page 133 of 181

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT possible to achieve the highwater mark setback for its partial reconstruction. However a portion of the existing deck is to be removed, improving the highwater mark setback in a portion of the shoreline area.

Is the application desirable for the appropriate development of the lands in question? 

The variances are desirable for the appropriate development of the land, as the proposed garage is modest in size and is consistent with the residential use of the property. Given that the dwelling is located on a small, irregularly shaped lot with an existing dwelling and septic system, there is no opportunity to improve the setback of the garage from the highwater mark.

Is the application minor? 

The variances are minor, as there will be virtually no negative impact on surrounding properties as a result of constructing a new garage at the proposed location on the property. The proposed garage is in a reasonable location for its purpose and the increase in lot coverage has been offset with the removal of an existing deck and shed.

Conclusion It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-41-19-L, subject to 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

The Minor variance is for the construction of a 44.65 m2 (480.6 ft2) detached garage to the rear of the existing 102.19 m2 (1,100 ft2) waterfront cottage and existing 20.4 m2 (219.6 ft2) west deck, to be constructed as per the revised drawings dated June 2, 2020 submitted with MV-41-19-L.
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 and environmental standards of the Township prior to the issuance of a building permit:

Page 134 of 181

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT a. A shoreline remediation plan to be prepared for the portion of waterfront on Buck Lake where the pontoon docking system is to be removed, and converted to a cobble (or some other fill type) stormwater spill site, to minimize soil erosion and facilitate the natural revegetation. The shoreline remediation plan shall be reviewed by the Township, in consultation with the Conservation Authority, prior to the issuance of an occupancy permit under the Ontario Building Code. b. A silt screen be installed between the construction area and the lake, and be maintained throughout the construction process, and until any disturbed soils have stabilized and vegetation growth is evident. 3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac. 4. Minor variance MV-41-19-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.

Submitted by: Tess Gilchrist, MCIP RPP, Consulting Planner, Township of Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Date of Site Visit: January 28, 2020 Attachments: Map of the Seguin property

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1020 Deer Park Lane Legal Non—conforming Uses Block 17- Woodlot Wqrkshop& Access to Lot 7 —

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Page 143 of 181

1020 Deer Park Lane Application for l/Iinor Variance Over height Accessory Garage Building —

Residence. ‘I T

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Page 144 of 181

1020 Deer Park Lane Application for Minor Variance Over height Accessory Garage Building —

Lakeside Overview Page 145 of 181

Inset Map F o u r t e e n

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Legend

Jefferies Property

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Parcel Fabric Provincially Significant Wetlands Wetland Waterbody River/ Stream

Fourteen Island Lake

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Page 146 of 181

Scale 1:3,143

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Meters UTM Projection NAD 83

120

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

June 4, 2020

Application No: Owner: Location of Property:

MV-46-19-L David & Gail Jefferies Part Lot 1, Concession 12, being Part 7 on Plan 1937, District of Loughborough, Township of South Frontenac, municipally known as 1020 Deer Park Lan, Fourteen Island Lake Purpose of Application: To vary Section 10.3.2 of the Township of South Frontenac Zoning Bylaw Date of Hearing: June 11, 2020 Recommendation: That provisional approval be: 

granted with conditions (attached) deferred denied

Purpose:

zoning relief for construction of a new structure zoning relief for replacement of an existing structure  zoning relief for other (height)

Official Plan Designation: Rural Zoning: RLSW-27

Zoning Relief Requested:

Section 10.3.2: RLSW Zone

Relief: To recognize the height of an existing accessory building (detached garage) with a height of 9.45 metres (31 feet), whereas the Zoning By-law limits the height of an accessory building to be a maximum of 6 metres (19.7 feet).

Proposal An application for minor variance has been received, to recognize the height of an existing two-storey detached garage of 9.45 metres (31 feet), whereas the maximum permitted height of an accessory building in the Limited Service Residential Waterfront (RLSW-27) zone is 6 metres (19.7 feet). The subject property is located off Deer Park Lane, on Fourteen Island Lake. The existing single detached dwelling and detached garage are situated well back from the lake, at approximately 54 metres (177 feet) and 64 metres (210 feet), respectively. There is a steep slope down to the waterfront. By-law 2020-20, being a By-law to deem Lot 7, Plan of Subdivision 1937, District of Loughborough, and Block 17, Plan 1938, District of Portland not to be a registered plan of subdivision to facilitate the merging of lands that have been used and developed as a single property for a period greater than eight years, was passed by Council on April 14, 2020. The effect of the By-law was to allow the Jefferies to continue the use of their property as one parcel, in conformity with the Zoning By-law, with the exception of this minor variance application to recognize the construction of a detached garage at Page 148 of 181

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT a height of 9.45 metres (31 feet). The existing detached garage was constructed by an owner previous to the Jefferies without the benefit of a building permit. It was constructed with a washroom and bedroom on the second storey. The Jefferies intend to remove the bedroom to be in compliance with Zoning, which does not permit a secondary suite above the garage. The Jefferies are trying to bring an existing non-complying situation into conformity by acquiring a minor variance for the height of the structure.

Agency Analysis and Comments Public Services Department – The subject property is located on a private lane, therefore Public Services was not circulated. Building Department – The Building Department has advised that a building permit was not originally obtained for the detached garage and has also advised on the requirements to obtain one. KFL&A Public Health – KFL&A Public Health was circulated on the application because there is a washroom on the second storey of the detached garage. Correspondence from KFL&A Public Health was received January 27, 2020 indicating that a site inspection would be postponed until weather conditions improved. Subsequent correspondence was received March 25, 2020 indicating that KFL&A Public Health has no objections to the proposed minor variance application. Quinte Conservation Authority – Given the location and scope of the proposed development, Quinte Conservation Authority was not circulated. Public Comments – At the time of the writing of this report, no written comments have been received from the public.

Planning Analysis Summary 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? The subject property is designated Rural in the Official Plan. As per Section 5.7, Lands designated Rural are characterized by a rural landscape which reinforces the historical relationship between Settlement Areas and the surrounding farm, rural and seasonal residential communities to which the Settlement Areas provide basic services. The amount and type of development in the Rural area shall be consistent with maintaining its rural, natural heritage and cultural landscape. As per Section 5.7.7, limited service residential development is generally located in the Rural area of the Township on a body of water or a natural water course where the primary means of access is from a private road or a navigable waterway. Permitted uses include, single detached dwellings, seasonal residential dwellings, seasonal dwellings converted to permanent dwellings and home occupations. Furthermore, any proposed limited service residential development shall be designed to preserve as much as possible a site’s physical attributes, such as tree coverage, varying topography, scenic views, etc, for the benefit of future residents. 

The proposed minor variances conforms to the general intent and purpose of the Official Plan as the existing detached garage is consistent with the permitted residential use of the property, within the Rural Area designation, which contemplates dwellings and accessory buildings. Furthermore, the existing detached garage it located well back from Fourteen Island Lake, outside the setback from the high water mark. Page 149 of 181

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Does the application conform to the general intent and purpose of the Zoning By-law? Section 10 of the Zoning By-law details the permitted uses and zone regulations for limited service residential waterfront development, including those regulations applicable to accessory buildings not attached to the principal building, which requires that building height not exceed 6 metres (19.7 feet). 

The variance conforms to the general intent and purpose of the Zoning Bylaw as the proposed garage (accessory building) is a permitted use on the subject property and the proposed location complies with the performance standards of the RLSW-27 zone, with the exception that it exceeds 6 metres in height. The proposed location and orientation of the detached garage is practical on the subject property, does not exceed the maximum permitted lot coverage of 5% and is not larger than the principal dwelling. The detached garage is setback 64 m (210 feet) from the lake

Is the application desirable for the appropriate development of the lands in question? 

The variance is desirable for the appropriate development of the subject property, as the existing detached garage is accessory to the existing single detached dwelling. It is located a suitable distance from property lines, far exceeding the setback requirements for an accessory structure in the RLSW-27 zone, including the minimum setback from the high water mark of Fourteen Lake of 45 metres. There are no immediate neighbours that are affected. Furthermore, there is no new development related to this application. The minor variance is required to recognize an existing condition.

Is the application minor? 

The variance is minor as it does not cause any negative impacts as a result of its size and location on the subject property. The existing detached garage does not exceed the maximum lot coverage for accessory structures and meets all setback requirements. The subject property has a total area of 6.47 hectares (16 acres) and there are no immediate neighbours. Furthermore, the garage is located approximately 64 metres (210 feet) away from Fourteen Island Lake.

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Conclusion It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-46-19-L, subject to 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

A building permit be obtained for the accessory structure (detached garage).
A building permit is required for ALL construction on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac.
Minor variance MV-46-19-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.

Map of the Jefferies’ property

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TOWNSHlP OF SOUTH FRONTENAC APPLICATION FOR MiNOR VARIANCE Planning Act, R30. 1990, c. P.13 as amended

Date Received: 1.

Name

) File No: H,"*i

<1" 5»

‘

«.

l-3'30‘L

LEDNAQD 4.?S’FZx°t’r?NlE LGOMA-(ix) ofOwner(s):g(;g{)L(3~r/

Full Mailing Address of Owner(s)

Phone number of Owner(s): _ Email Address of Owner(s): p

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) 3.

The description of the subject land: District:

fl Portland

1 Bedford

Concession Number: Street Number:

Lot Number: _

I00

Name of Road/Street:

£3»SO

Reference Plan Number:

RoilNumber:_

:8’Loughborough

CWO O30

,___

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3 Storrington

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Part Number(s):

LI"rt-M:

I, Z, 5

0000

Page 152 of 181

TOWNSHIP OF SOUTH FRONTENACAPPLICATION FOR MINORVARIANCE Elanning Act:R.S.O_._199Oc. P.13 as amended 4.

The frontage(s), depth and area of the subject land. Frontage (on road/lane):

Frontage (on water):

Depth: 5.

I[%§;§;_«.? Q3’ M

Area:

iv0%} acoeg

The current zoning of the subject land:

(2L s Lu

ankd extent of the relief from the Zoning By—Iaw: olj?g caxtieii? i*Ccu"§ €230 l> to‘V0. lA)2vugg?lilieioaid om aoirlriion (“ utU. gor?rwrri iii are ei.4r«; wJliLa‘tllm.1i"\‘.~ emu usein inma nnigkiiyteu WI 6.

The nature

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

<&z ,

op174high CL&1{‘lgo/\¢‘Q£Zl)M clag«,.»4a’7 mil m‘H¥ rm.-< .’llgp.eposai wcier 30 me/l«:x.$ Milka % e, 8. Does the subject property front on a rnunicipallymaintained road? “I No .XYes OR a privately maintained road?

F Yes

9(No

Name of Road/Lane:

605420LemE 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‘

J§&L_BWL;Jo1<;L 10.

What are the existing uses of the subject land?

‘2€’$iLL2r»i’i€«(’ l ::>@(§, 11. Please indicate whether there are any EXISTING buildings or structures on the subject land. (l.e. residence, garage, shed, etc.)

XYes No 3

Page 153 of 181

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

If the answerto item 11 is yes, for EACH building or structure (1) Type of Structure (E.g. residence)

Setback from Front Lot Line

Setback from Rear Lot Line

Setback from Side Lot Line

Height of Building eiiisone

indicate:

(3)

(2)

(4)

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E ‘O5’

Ail,?fe Wkk,

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3’

“

ELIOQN: Z2 Q?v

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sonic (Nstoirydoratitivofsttory) I

Dimensions of Floor Area

q b0 5‘ Wye

Setback from High Water Mark (If applicable)

iv53 Fez‘i’

N IA

Dq? 5122,‘,3- HLQ135§;,va,~e.Q2 Pr“ Deck) S‘

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13.The proposed uses of the subject land:

Q93 ‘i4.Are any buiiding(s) or structure(s), or additions to existing building(s) or structure(s), PROPOSED to be built on the subject land?

XYes

J No

Page 154 of 181

TOWNSHIPOF SOUTH FRONTENAC APPLICATION FOR MINORVARIANCE Planning A91,R.S.O. 1990, 9 P.1§ as amended 15. If the answer to item 14 is yes, for each proposed addition, building or structure indicate: (4)

(3)

. e fst me t we (Egg. /*(1A\§\o:’
residence)

(2)

§:f.§’fE‘;t‘l?.‘IL 1 ‘is car

Ed’ 1- 3200

2 53 Gag:

(1)

:::r::I*:?.?;: sow Setback from Side Lot Line

‘QQ9)’

Prizar : 6; er «

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q ¢wQg*

Outside Dimensions of ?rms B uildmg IS truc t ure ‘

dwgmmse?’

Setback from High Water Mark (If applicable) NOTES:

jrifg Q54.

Q5} 5100

§“-lqké

$‘Q{¢(

Q60 g‘./wwefali

.. l6r+3O,3 (&o<LZL‘ ’

fgg(je,a\

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 wili be the same
The dimensions required in this question relate to the NEW CONSTRUCTION ONLY, and NOT to the total size of the completed building.

Do your plans include any DEMOLITIONof existing structures?

3 Yes

)<N0

If yes, please provide details:

Page 155 of 181

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, RSO.

1990, c. P43 as amended

/{Yes

Do your plans include the RAISING of an existing structure?

D No

If yes, please provide details:

N3.Cl?. 18,

(«aged

What are the uses of the proposed development?

A/No

(a)

Increase in number oi‘bedrooms

‘-

(b)

Increase in plumbing fixtures

‘g’Yes

3 No

(c)

increase in living space

‘g§’Yes

;1 No

(d)

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

.2 Yes

31%

Yes

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

jnmuk?fgs“ F 2020 20.The date the existing buildings and structures were constructed on the subject lands:

1450;. , RT£lAI"f'1D-./klflclb , (M51mo; Collage.

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

IE6 lawnCL 22.

Q.’ t?fiproprnwc-’;«:IJ ‘;Z’23[Qgg:_5

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:

\l\loLl€F Eiimlmte 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.

(Pl‘\lC‘,\‘€. sewage E3:lJ$l€W
24. is storm drainage provided by sewers, ditches, swales or by other means?

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TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE PIanning_/l¢;t,_R.S.0. 19904c. P43 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. 3 Yes

XNO

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).

,XVes 28.

ENO

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

in lqqb mmcf

}gLia.!\m. Whig

A SKETCH must be submitted showing the following:

THE SKETCH MUST HAVE A NORTH ARROW AT THE TOP OF THE PAGE. The boundaries and dimensions of the subject land including the location of any existing and proposed buildings. The location of 3 reference point……i.e. distance between the subject land and the nearest township lot line or landmark such as a bridge or railway crossing. The location ofall 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 appiicanfs property lines. **Note. me The distances to on-site and abutting owners’ wells, septic ?elds and barns, from the property to be varied, IS REQUIRED to be shown. The SKETCH is of significant importance and should be prepared as carefully, neatly and accurately as possible,

Page 157 of 181

TOWNSHIP OF SOUTH FRONTENAC APPLlCATl0N FOR MINORVARIANCE Planning Act, R.S.0. 1990, c. P.13 as amended AGREEMENT TO lNDEMNlFY

Attached to this application is a cheque payable to the Township of South Frontenac representing payment of the application fee. The Owner/ApplicantiAgent agrees that the information recorded in this Minor Variance Application Form is accurate. The Owner/Applicant!‘/\gent 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/Applicant/Agent agrees to reimburse and indemnify the municipality for all fees and expenses incurred by the municipality to process the application, including any fees and expenses attributable to proceedings before the Ontario Municipal Board or any court or other administrative tribunal it necessary to defend Councils decision to support the application.

Without limiting the foregoing, such fees and expenses shall include the fees and expenses of consultants, planners, engineers, lawyers and such other professional and technical advisors as the municipality may, in its or advisable to more properly process and support absolute discretion acting reasonably, consider necessaiy application, the 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. it such appeal expenses exceed the deposit, the Owner/Applicant shall pay the difference forthwith upon being billed by the municipality, with interest at the rate of 1.25% per month (15% per annum) on accounts overdue more than 30 days, The Owner/ApplicantlAgent further agrees that, until such requests have been complied with, the municipality will have no continuing obligation to process the application or attend or be represented at the Ontario Municipal Board or any court or other administrative proceeding in connection with the application:

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Page 160 of 181 ~.

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Page 161 of 181

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Mab e ls

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Holleford Rd

Bell Rd

MV-01-20-L LEONARD

n sli Go Ln

New Morin Rd

W.R .’s

Inset Map

1004 GOSLIN LANE

Knowlton Lake

Legend

H illiard Ln

Leonard Property Parcel Fabric

Provincially Significant Wetlands

ab el s

Wetland

Waterbody River/ Stream

n sli Go Ln 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.

Knowlton Lake

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Scale 1:1,300

5 10

Meters UTM Projection NAD 83

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May 14, 2020

File: MV/FRS/17/2020

Sent by E-mail Ms. Claire Dodds Township of South Frontenac P.O. Box 100 Sydenham, Ontario K0H 2T0 Dear Ms. Dodds: Re:

Application for Minor Variance MV-01-20-L (Leonard) Part Lot 1, Concession 8; 1004 Goslin Lane Loughborough District, Township of South Frontenac Waterbody: Knowlton Lake

Cataraqui Conservation staff have reviewed the above-noted application for minor variance and provide the following comments for the Committee of Adjustment’s consideration. Summary of Proposal The proposal involves the construction of an addition onto an existing dwelling on the subject property. The variance is requested to: •

Reduce the required setback from the highwater mark from 30 metres, as required by Section 5.8.2.a) of the South Frontenac Zoning By-law, to 22.25 metres in order to permit the construction of an addition.

Site Description The property is located on the western shore of Knowlton Lake. The topography of the site can be characterized as having a relatively steep embankment at the shoreline, then rising slowly toward the location of the existing building. Presently, the lot has a mixture of wooded and open areas. The property is currently designated ‘Rural’ in the Official Plan and ‘Limited Service Residential – Waterfront Zone’ (RLSW) in the implementing Zoning By-law for South Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

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Frontenac Township. Knowlton Lake is designated as a highly sensitive Lake Trout lake in the Official Plan for South Frontenac Township. Discussion The main interest of Cataraqui Conservation in this proposal is the protection of the water quality of Knowlton Lake and the avoidance of natural hazards (e.g. flooding and erosion) associated with the shoreline. Natural Hazards Flooding: Cataraqui Conservation does not have floodplain information for Knowlton Lake. However, based upon a review of Lidar elevation mapping, the flood plain is not anticipated to extend inland further than the 2.5 metre high slope adjacent to the shoreline. Cataraqui Conservation’s Guidelines for Implementing Ontario Regulation 148/06 (see description below) requires that all development be set back a minimum of 6 metres from the regulatory floodplain of a waterbody. The proposed development will be located outside of the setback from the regulatory flood plain. Therefore, staff have no concerns with the proposal from a flooding hazard perspective. Erosion: Cataraqui Conservation defines the extent of potential erosion hazards to include an allowance for toe erosion, a stable slope allowance for till shorelines of 3 (vertical):1 (horizontal), plus an erosion access allowance of 6 metres. Based upon a review of Lidar elevation mapping, staff estimate the total erosion hazard to be approximately 12.6 metres measured inland from the toe of slope. The proposed development will be located outside of the erosion hazard allowance. Therefore, staff have no concerns with the proposal from an erosion hazard perspective. Water Quality Section 2.2 of the Provincial Policy Statement (PPS) suggests that planning authorities should seek to protect, improve or restore the quality and quantity of water. Accordingly, the Official Plan and Zoning By-law for the Township of South Frontenac provide guidance with respect to how development should occur in consideration of protecting, improving and restoring water quality within the municipality. Similarly, the Cataraqui Conservation’s Environmental Planning Policy (April 2015) contains provisions that seek to support these objectives. Section 5.2.7 b)(i) of the Official Plan for South Frontenac Township suggests that a minimum 30 metre setback from the high water mark is required to be maintained as a Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

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buffer in order to protect water quality. Similarly, the CRCA Planning Policy recommends that new development and site alteration, including septic system tile fields and open or enclosed decks/patios attached to the main dwelling, be set back a minimum distance of 30 metres from the highwater mark of a waterbody. Staff recognize that opportunities for development are somewhat constrained due to the configuration of the lot and the location of the septic system. In these cases, Section 6.1.7 c. of Cataraqui Conservation’s Environmental Planning Policy is applied which suggests that development may be supported within the water setback area on existing, constrained lots based upon the circumstances of a given proposal and site, where the proposed development expands or replaces an existing building or structure, or is new development on a vacant lot, and: i) the new building or structure is set back as far as possible from the highwater mark of a waterbody and all inland setbacks are minimized; ii) the footprint of the new building or structure is minimized, with consideration for municipal maximum lot coverage provisions; iii) suitable methods to minimize negative impacts on surface water and riparian lands are incorporated into the development. In the opinion of staff, the proposed addition will be located in an appropriate location, the size of the footprint is reasonable, and the proposal meets the maximum lot coverage provisions. Staff recommend that roof runoff be directed away from the shoreline of Knowlton Lake. Also, as noted above, Buck Lake is identified as a highly sensitive Lake Trout lake, and as such, the waterbody is afforded additional protection to ensure development does not negatively impact the water quality of the lake. Section 5.2.8 of the Official Plan suggests all development or site alterations proposed within 30 metres of the highwater mark of a designated Lake Trout lake requires the submission of an Environmental Impact Assessment (EIA) and that a Lake Impact Assessment may also be required. The applicant has provided a preliminary EIA in support of the application (Ontario Lake Assessments, December 6, 2019). The EIS notes that 415 square feet of decking will be removed so that the new addition will only occupy 505 square feet of land. The EIA suggests that there are no anticipated impacts to species at risk and concludes that the development will not cause a measurable impact on Knowlton Lake. Staff concur with the findings of the preliminary EIA.

Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

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Recommendation Staff have no objection to the approval of application MV-01-20-L based on our consideration for natural hazard, natural heritage and water quality policies. Staff recommend that roof runoff be directed away from the shoreline of Knowlton Lake which can be addressed through site plan control. Ontario Regulation 148/06 The CRCA, under Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, regulates development (construction, filling, and site alteration) within 30 metres of the highwater mark of Knowlton Lake. Since the proposed development is within 30 metres of the highwater mark, a permit will be required from Cataraqui Conservation for the proposed development. The applicant will be required to contact the undersigned at the building permit stage for more information regarding permitting requirements under Ontario Regulation 148/06. Please notify this office of any decision made by the Committee of Adjustment with regard to this application. If you have any questions, please contact Andrew Schmidt at (613) 546-4228 extension 244 or by e-mail at aschmidt@crca.ca. Yours truly,

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

Michelle Hannah, South Frontenac Township (via e-mail) Brad Leonard, Applicant (via e-mail) Jon Orpana, Ministry of Environment, Conservation and Parks (via e-mail)

Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

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

June 4, 2020

Application No: Owner: Location of Property:

MV-01-20-L Bradley & Stephanie Leonard Part Lot 1, Concession 8, Parts 1, 2 & 5 on Plan 13R2250, District of Loughborough, Township of South Frontenac, municipally known as 1004 Goslin Lane, Knowlton Lake Purpose of Application: To vary Sections 5.8.2 a), 5.10.2 & 10.3.1 of the Township of South Frontenac Zoning Bylaw Date of Hearing: June 11, 2020 Recommendation: That provisional approval be: 

granted with conditions (attached) deferred denied

Purpose:

zoning relief for construction of a new structure  zoning relief for construction of an addition to an existing structure zoning relief for replacement to an existing structure zoning relief for other

Official Plan Designation: Rural

Knowlton Lake – At Capacity Trout Lake

Zoning:

Zoning Relief Requested:

Limited Service Residential Waterfront Zone (RLSW) Section 5.8.2 a): Flooding and Relief: To permit the construction of an addition Shoreline Erosion Hazards with a highwater mark setback of 22.2 metres (73 feet), whereas the Zoning By-law requires a 30 metre (98.4 feet) setback from the highwater mark for all buildings and structures. Section 5.10.2: Existing Relief: To permit the enlargement (footprint and Buildings within 30 Metres of a height) of a non-complying structure, in this case an Waterbody existing detached dwelling, with a highwater mark setback of 16.1 metres (53 feet). Section 10.3.1: Highwater mark Relief: To permit the construction of an addition to setback an existing single detached dwelling with a highwater mark setback of 22.2 metres (73 feet), whereas the Zoning By-law requires a 30 metre (98.4 feet) setback from the highwater mark for all buildings and structures.

Proposal An application for minor variance has been received, to permit the construction of an 85.5 metre2 (920 feet2) L-shaped addition to the rear of the existing 89.2 metres2 (960 feet2) waterfront cottage and to permit an increase in height to the existing cottage in order to replace the existing roof with a new pitched roof. The proposed setback from the new addition to the highwater mark is 22.2 metres Page 177 of 181

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT (73 feet), and the setback of existing cottage to the waterbody is 16.1 metres (53 feet). The proposed location and configuration of the addition is partially due to the location of the existing septic system on the north side of the cottage, adjacent to the driveway and existing detached garage. The addition would allow for the reconfiguration of interior living space and conversion to a year round residence. The applicant also intends to construct an accessory structure (shed), but the proposed location complies with zoning. The subject property is located off Goslin Lane, at the end of Mabels Lane, on Knowlton Lake.

Agency Analysis and Comments Public Services – The subject property is located on a private lane, therefore Public Services was not circulated. Building Department – The Building Department has no objections to the application as presented and will review the detailed building plans through the Building Permit process, should the application be approved. KFL&A Public Health – Subsequent to correspondence dated January 27, 2020 indicating site inspections would be delayed until weather conditions improved, in their correspondence dated March 18, 2020, KFL&A Public Health had no objections to the minor variance and a septic system performance review LO-2-20 has been approved. Cataraqui Region Conservation Authority – In their correspondence dated May 14, 2020, CRCA indicated they concur with the findings of the Preliminary EIA, which was submitted in support of the application. The EIA suggests that there are no anticipated impacts to species at risk and concludes that the development will not cause measurable impact on Knowlton Lake. CRCA staff have no objection to the approval of this application, based on their consideration for natural hazard, natural heritage and water quality policies. CRCA staff recommend that roof runoff be directed away from the shoreline of Knowlton Lake. Ministry of Environment, Conservation and Parks – Comments received from Ministry of Environment, Conservation and Parks via phone call with the Township’s Planning Assistant, Ms. Michelle Hannah, on January 29, 2020 request a Development Agreement on title to address a shoreline planting plan as per the recommendations provided in the Preliminary EIA. Public Comments – At the time of the writing of this report, no written comments have been received from the public.

The subject property is designated Rural in the Official Plan. As per Section 5.7, Lands designated Rural are characterized by a rural landscape which reinforces the historical relationship between Settlement Areas and the surrounding farm, rural and seasonal residential communities to which the Settlement Areas provide basic services. The amount and type of development in the Rural area shall be consistent with maintaining its rural, natural heritage and cultural landscape. As per Section 5.7.7, Limited service residential development is generally located in the Rural area of the Township on a body of water or a natural water course where the primary means of Page 178 of 181

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT access is from a private road or a navigable waterway. Permitted uses include, single detached dwellings, seasonal residential dwellings, seasonal dwellings converted to permanent dwellings and home occupations. Furthermore, any proposed limited service residential development shall be designed to preserve as much as possible a site’s physical attributes, such as tree coverage, varying topography, scenic views, etc, for the benefit of future residents. 

The proposed minor variances conform to the general intent and purpose of the Official Plan as the proposed development (addition and shed) is consistent with the permitted residential use of the property.

Section 5.2.7 b)(i) Policies for Development and Site Alterations Adjacent to Lakes and Rivers speaks to all lands within 90 metres (295 ft) of the highwater mark of all lakes and rivers which are not designated Environmental Protection are included as Environmentally Sensitive Areas. Where development and site alterations are proposed in Environmentally Sensitive Areas, a minimum setback of 30m (98.4 ft) from the highwater mark shall apply for all buildings and structures. Furthermore, Section 5.2.7 b)(ii) 3) Policies for Development and Site Alterations Adjacent to Lakes and Rivers requires that proposals to construct additions to existing dwellings that are already within the 30 metre setback may be permitted but will be evaluated on the merits of the proposal based on the following: a) The ultimate gross floor area, building footprint and lot coverage being proposed; b) The closeness of the existing dwelling to the highwater; and c) The capacity of the lot to accommodate new development at a greater setback from the high watermark. In no case shall an already encroaching structure be permitted to encroach further on the setback from the highwater mark. 

The existing dwelling and attached deck have a setback of 16.1 metres (53 feet) from the highwater mark of Knowlton Lake. The proposed addition is located to the rear of the existing dwelling, at the farthest possible setback from the lake, which does not encroach any closer to the highwater mark of Knowlton Lake. The location of the addition is also limited by the existing septic system and detached garage.

Section 5.2.8 Lake Trout Lakes identifies Knowlton is a Highly Sensitive Lake Trout Lake. All development or site alterations proposed within 30 metres (98.4 feet) of the highwater mark require the submission of an Environmental Impact Assessment prepared in accordance with Section 5.2.11. This policy is consistent with Section 5.2.8 (a)(iv) Highly Sensitive Lake Trout Lakes which requires that minor variance applications be accompanied by an Environmental Impact Assessment in accordance with Section 5.2.11. 

The applicant provided a Preliminary EIA prepared by Ontario Lake Assessment & Environmental Education Services in support of this minor variance application. The report determined that there are no impacts to species at risk (SAR) as a result of this proposal. In relation to nutrient loadings, the report indicates that a change from seasonal to permanent residence will result in an increase in nutrient supply to the septic system and increased potential for nutrient migration away from the septic bed. The EIA recommends that the potential increase in nutrient migration could be offset by a shoreline remediation effort in front of the cottage. Such an effort would include the removal of the wooden break walls and terraces down gradient of the upper deck and re-naturalization of the shorefront with native trees and shrubs. Such plantings would intercept and sequester nutrient movement toward the lake into their biomass. The report concludes that “the development as proposed, inclusive of remediation recommendations, will not cause a measurable impact on Knowlton Lake and therefore should be considered minor”. Page 179 of 181

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Does the application conform to the general intent and purpose of the Zoning By-law? Consistent with Official Plan policy, Section 5.8 a) of Zoning By-law 2003-75 prohibits development within 30 metres (98.4 feet) of the highwater mark of a waterbody. Section 5.10.2 further describes that where a building is located within the 30 m setback from the highwater mark, it may be renovated or repaired provided that there is no enlargement of the structure, both in terms of floor area and height. Section 10 of the Zoning By-law details the permitted uses and zone regulations for limited service residential waterfront development. 

The intent of these zoning provisions is to maintain a shoreline buffer of 30 metres in an effort to preserve water quality of the Township’s waterbodies and waterways. The proposed variances conform to the general intent and purpose of the Zoning By-law, as the proposed addition is a modest increase on a constrained lot. The existing dwelling is within the 30 metre (98.4 foot) highwater mark setback and, therefore; it is not possible to achieve the highwater mark setback for the addition, despite it being located to the rear of the dwelling.

Is the application desirable for the appropriate development of the lands in question? 

The variances are desirable for the appropriate development of the land, as the proposed addition is modest in size and is a consistent with the residential use of the property. Given that the dwelling is located on a small, irregularly shaped lot with an existing dwelling and septic system, there is no opportunity to improve the setback of the addition from the highwater mark.

Is the application minor? 

The variances are minor, as there will be no negative impact on surrounding properties as a result of constructing a new addition and shed at the proposed location on the property. The proposed addition is in a reasonable location for its purpose and the increase in potential nutrient migration as a result of converting from a seasonal to a permanent residence will be offset with the proposed shoreline remediation efforts, resulting in the re-naturalization of the shorefront and the enhancement of the waterfront character of the property.

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

The Minor variance is for the construction of an 85.5 metre2 (920 feet2) L-shaped addition to the rear of the existing 89.2 metres2 (960 feet2) waterfront cottage to be constructed as per the drawings submitted with MV-01-20-L.
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 and environmental standards of the Township prior to the issuance of a building permit: 

A shoreline remediation plan to be prepared for the waterfront on Knowlton Lake. The plan to include the removal of the wooden break walls and terraces down gradient of the upper deck and re-naturalization of the shorefront with native trees and shrubs, to intercept and sequester nutrient movement toward the lake. The shoreline remediation plan shall be reviewed by the Township, in consultation with the Conservation Authority, prior to the issuance of an occupancy permit under the Ontario Building Code. The shoreline remediation plan shall be installed/completed within 6 months of an occupancy permit being issued for the construction proposed in MV-01-20-L.



Roof runoff be directed away from the shoreline of Knowlton Lake.

A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac.
Minor variance MV-01-20-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws. Submitted by: Tess Gilchrist, MCIP RPP, Contract Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Date of Site Visit: January 28, 2020 Attachments: Map of the Leonard property

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