Committee Of Adjustment - 11 May 2023 - Agenda

Published May 11, 2023

Word Count 13091 words

Reading Time 62 min read

Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: May 11, 2023 Collection: Council Agendas Municipality: South Frontenac

[View Document (PDF)](/docs/south-frontenac/Agendas/Committee of Adjustment/2023/Committee Of Adjustment - 11 May 2023 - Agenda.pdf)

Document Text

TOWNSHIP OF SOUTH FRONTENAC Committee Of Adjustment Meeting Agenda TIME: DATE: PLACE:

7:00 PM, Thursday, May 11, 2023 Council Chambers/Virtual Via Zoom .

Call to Order

Resolution

Adoption of Agenda

Resolution

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.

PowerPoint Presentation Staff has prepared a PowerPoint Presentation that will be displayed on the screen of the meeting, you can also follow along with the PDF version that is in the attachment of this agenda item.

Declaration of pecuniary interest

None Declared.

Approval of Minutes – April 13, 2023

Resolution.

Consent Applications from a Previous Meetings: (if applicable)

There are none.

New Consent Applications:

There are none.

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

There are none.

New Minor Variance / Permission Applications:

PL-ZNA-2023-0042 (Bermel) (Preston) Property Address: Pine Point Road (Part of Lot 18, Concession 8) Purpose and Effect of the Proposed Variance:

3 - 28

29 - 33

34 - 60

Page 1 of 78

The applicant is requesting a minor variance to permit a dwelling with a setback of 26.6 metres from the high-water mark of the lake instead of the required 30 metre setback. The applicant is proposing to construct a 2-story dwelling located within 30 metres of Dog Lake. b)

PL-ZNA-2023-0043 (Dumbleton) Property Address: 3475 Buck Point Lane Purpose and Effect of the Proposed Variance: The applicant is requesting a minor variance to expand a legal nonconforming use by allowing a six (6) foot wide deck fronting onto Collins Lake.

Other Business

There is none.

Adjournment

Resolution

61 - 78

Page 2 of 78

Committee of Adjustment Meeting Thursday, May 11, 2023 7:00 p.m. Council Chambers 4432 George Street, Sydenham, ON and Virtual on Zoom Page 3 of 78

Welcome to the 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 joining on Zoom are muted on our end and your cameras will not be turned on. Committee Members

Township Staff

• Alan Revill

• Michelle Hannah (Secretary Treasurer & Deputy Clerk)

• Brett Moreland • Doug Morey • Kevin Fox • Mike Howe • Norm Roberts Page 4 of 78

• Randy Ruttan • Steven Pegrum

• Kate Kaestner (Planning Clerk) • Michael Kelly (Planning Intern) • Noah Perron (Planner) • Brad Wright (Director of Development Services)

Call to Order Adoption of Agenda

Page 5 of 78

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

Meeting Information Format for Each Hearing

The Chair will introduce the file
The Planner will provide an overview of the application
The Planner will make a recommendation on the application
Questions or comments from the Applicant / Agent / Members of the Public
Committee deliberation and vote
The Chair will state whether the vote was carried

Page 6 of 78

After the Meeting • Township staff will be in contact with the applicant following the meeting. Where a decision has been made, it will be forwarded to the applicant and anyone who has requested to be notified within 15 days. • The applicant, the Minister or a specified person or public body in as defined by the Planning Act subsection 1(1) may appeal the decision to the Ontario Land Tribunal. The appeal must be filed with the SecretaryTreasurer of the Committee of Adjustment within 20 days of the notice of decision. The notice of appeal must set out the reasons for the appeal and be accompanied by the fee required by the Tribunal. Page 7 of 78

• If you have any questions after the meeting, please reach out to staff.

How to Speak to an Application • The Chair of the meeting will open the floor to public comments • Click “Raise Hand” button to request to speak or dial *9 (star nine) when participating 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 • If a member of the public attending in person wishes to speak, we ask that they raise their hand, wait to be called on and clearly state their name for the record. Page 8 of 78

In Case of Technical Difficulties • If a Committee member joining virtually disconnects from the meeting, the meeting will proceed if there is still quorum. The Committee member will attempt to reconnect. • If quorum cannot be met within 15 minutes, the meeting will be postponed. • Staff will be in touch with applicants. • A notice will also be posted on the Township’s social media if the meeting is postponed.

Page 9 of 78

Declaration of Pecuniary Interests Approval of Minutes of Previous Meeting Consent Applications Page 10 of 78

Applications for Minor Variance and for Permission to Enlarge Legal Non-Conforming Uses

Page 11 of 78

Application PL-ZNA-2023-0042 Minor Variance

Applicant: Erik Bermel Agent: Michael Preston Property: Pine Point Lane (Pt Lot 18, Concession 8, Storrington District)

Page 12 of 78

Property Description • Lot area of 1.03 ha - with frontage on Dog Lake • Rural designation • RLSW zone • Vacant lot created in 2014

Page 13 of 78

Proposal

Page 14 of 78

• Permission under section 45(1) of the Planning Act to permit the proposed dwelling within 30 metres of the highwater mark • Applicant states that request is based on topography of subject property • Proposed dwelling square footage approx. 1,500 sq. ft.

Department, Agency and Public Comments • Building Services •

Staff has no objection and determined that a suitable location for the installation of a sewage system exists.

• Public Services •

Did not provide comments on the application as the property is accessed from a private lane.

• Cataraqui Conservation •

No objection. If approved, staff recommend that proper sediment and erosion controls be incorporated into construction plans. Staff also note that the applicants will need to apply for a CRCA permit at the building permit stage, since the development is occurring within an area regulated by Cataraqui Conservation under O. Reg. 148/06.

Page 15 of 78

• Public Comments – None received

Planning Analysis

Page 16 of 78

• A dwelling is a permitted use in the RLSW zone • The RLSW zone requires a setback from the highwater mark of 30 metres • Zoning By-law prescribes setbacks and provisions that permit development while maintain water quality protection and aesthetics through the natural vegetative buffer • Development agreement: “The property be managed prior to, during and following all development of the lands in a manner whereby the natural soil and vegetation is maintained within the water setback area (minimum 98.4 feet/30 metres)” • Staff opinion that there is a suitable building envelope outside of the 30 metres setback from the high-water mark.

Recommendation • Deny • Pending any comments received • Planning staff are of the opinion that the proposed application is not minor. The proposed dwelling location results in an encroachment towards the waterfront. The waterbody setback is not maximized to the greatest extent possible.

Page 17 of 78

• The application, as presented, does not meet the intent and purpose of the Official Plan, the Zoning By-law, is not desirable for the lands, and is not minor.

Public Questions and Comments If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen. • Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.

Page 18 of 78

PL-ZNA-2023-0042 Committee Deliberation and Vote

Page 19 of 78

Application PL-ZNA-2023-0043

Permission to Enlarge Legal Non-Conforming Use Applicant: Judy & Michael Dumbleton Location: 3475 Buck Point Lane

Page 20 of 78

Proposal • Seeking permission under section 45(2) of the Planning Act to permit a six (6) foot wide deck fronting onto Collins Lake and along western side of dwelling • Approx. 190 square feet of decking along main floor and 2nd floor • Approx. 240 square feet of decking along western side of dwelling • Total of approx. 620 square feet of decking Page 21 of 78

Agency, Department and Public Comments • Cataraqui Conservation – no objection. Within 120 metres of a provincially significant wetland, however, development is minor • Building Services – no objection • Public Services – no impact to existing entrance of the property • Public Comments • Two comments received in support of the application Page 22 of 78

Analysis • A dwelling is a permitted use in the RLSW zone • The building is legal non-conforming because it is less than 30m from highwater mark (approx. 14 metres) • Appropriate to grant permission to enlarge the decking associated with the dwelling • The proposed decking would provide functional access to the dwelling with consideration for the topography around the building. The proposed decking also allows for an additional fire exit from the dwelling.

Page 23 of 78

• It is the opinion of staff that it is appropriate for the Committee of Adjustment to grant permission to expand the legal non-conforming decking on the property, as described in the report.

Recommendation • Approval • Pending any comments received • Subject to conditions in Planning Report

Page 24 of 78

Page 25 of 78

PL-ZNA-2023-0043 Committee Deliberation and Vote

Page 26 of 78

Other Business • None

Page 27 of 78

Adjournment

Page 28 of 78

Minutes of Committee Of Adjustment April, 13, 2023

Township of South Frontenac Committee of Adjustment Meeting Minutes Meeting # 03 Time: 7:00pm Location: Council Chambers and Virtual via Zoom Present: Norm Roberts, Doug Morey, Steve Pegrum, Randy Ruttan, Alan Revill, Brett Moreland, Kevin Fox, Mike Howe Absent: Staff: Christine Woods, Senior Planner, Michelle Hannah, Secretary-Treasurer 1

Call to Order

Adoption of Agenda

Resolution Resolution No. 2023-03-2 Moved by Doug Morey Seconded by Brett Moreland That the Committee of Adjustment adopts the agenda for the April 13, 2023 Committee of Adjustment meeting. Carried

Electronic Meeting Information

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

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

Declaration of pecuniary interest

None declared.

Approval of Minutes – March 9, 2023

Resolution Resolution No. 2023-03-3 Moved by Brett Moreland Seconded by Doug Morey THAT the Committee of Adjustment approves the minutes of the March 9, 2023 Committee of Adjustment meeting. Carried

Page 29 of 78

Minutes of Committee Of Adjustment April, 13, 2023 6

Consent Applications from a Previous Meetings: (if applicable)

S-13-21-P (5006755 Ontario Ltd.) (Beach) Property Address: 5356 New Morin Road Purpose and Effect of the Application: The application is requesting consent to create a new rural residential lot. The severed parcel would be 0.9 hectares (2.4 acres) in area and have a minimum 86 metres (282 feet) of frontage on New Morn Road. The severed parcel is developed with an existing house. The retained parcel would be 14.9 hectares (37 acres) in area with 559 metres (1833.5 feet) of frontage on New Morin Road. Christine Woods, Senior Planner, delivered her report to the Committee. Gary Beach (Agent) spoke to the matter. The Secretary-Treasurer advised the Chair that Mr. Tom Babcook wished to speak. Mr. Babcook did not unmute himself, and the Chair chose to proceed. Committee Member Pegrum inquired about the public comments that were received, and inquired as to whether any of the comments related specifically to this Consent application or whether they related to all 3 Consent applications on the subject lands Ms. Woods responded that all public comments were relating to all three applications on the subject lands, not this specific application. The Chair spoke to receiving calls from adjacent property owners, who had concerns about the amount of fill that had been put on adjacent owners’ lands as well as the number of trees that had been cut down on their property. Mr. Beach indicated that he believed the fill had been moved within the property and not on anyone else’s property. Mr. Beach spoke to wanting to widen the road allowance access to the property and spoke to the property owners having improved the property significantly. Mr. Beach spoke to the issue of tree cutting on the property and the neighbours property and acknowledged the unlawful removal of trees from the adjacent lands.

Resolution No. 2023-03-4 Moved by Norm Roberts Seconded by Kevin Fox That the Committee of Adjustment approves consent application S-13-21-P to sever one new residential lot from the subject property, subject to conditions. Carried 7

New Consent Applications:

There were none.

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

PL-ZNA-2023-0020 (Rutledge)

Page 30 of 78

Minutes of Committee Of Adjustment April, 13, 2023 Property Address: 1111Heron Lane Purpose and Effect of the Proposed Variance: To request permission under section 45(2) of the Planning Act to enlarge a legal non-complying dwelling within 30m of the highwater mark of Loughborough Lake. The existing 204.4sqm single detached two storey dwelling is to be expanded with a 83sqm single storey addition attached to the side of the existing dwelling. The addition contains a breezeway, carport, storage area, and screened in porch. The property was previously subject to minor variance decision MV-50-20-S which permitted a 13.4sqm second storey addition to be added onto the dwelling. Christine Woods, Senior Planner, delivered her report to Committee. Committee Member Norm Roberts inquired as to who would be the entity to ensure that the recommendations from the Conservation Authority would be upheld (ie: would it be the Township or the Conservation Authority). Ms. Woods responded that the Development Agreement would speak to most of the recommendations put forth by the Conservation Authority, and that the Building Inspectors would ensure that the requirements of the Development Agreement were being complied with during the course of construction. Resolution No. 2023-03-5 Moved by Norm Roberts Seconded by Kevin Fox That application PL-ZNA-2023-0020 is granted permission to enlarge the legal non-conforming dwelling on the subject property with an 83 square metre single storey addition, subject to conditions. Carried 9

New Minor Variance / Permission Applications:

PL-ZNA-2023-0032 (Neil) Property Address: 5088 Ramparts Road Purpose and Effect of the Proposed Variance: The Owner proposes to construct a 950 sq. ft., one-storey, detached garage on this residential property. The garage would be located south of the dwelling. A minor variance is being requested to allow the garage to be setback a minimum of 24.5 metres from a watercourse, whereas the Zoning By-law requires a minimum 30m setback. Christine Woods, Senior Planner, delivered her report to the Committee Committee Member Revill voiced his support for the application. Committee Member Roberts voiced his support for the application. Resolution No. 2023-03-6 Moved by Norm Roberts Seconded by Kevin Fox

Page 31 of 78

Minutes of Committee Of Adjustment April, 13, 2023 That application PL-ZNA-2023-0032 is approved to permit an accessory building, being a detached garage to be setback a minimum of 24.5 metres from the highwater mark of the watercourse on the property, subject to conditions. Carried b)

PL-ZNA-2023-0034 (Prudhomme) (Fretts-Bobs Lake Co-Op) Property Address: 32 Co Op Lane Purpose and Effect of the Proposed Variance: 32 Co-op Lane is part of the Bob’s Lake Co-Operative. The Co-op’s properties are zoned RLSW-3. The RLSW-3 zone requires that the replacement of any existing trailers on the property be subject to a minor variance application to determine the appropriateness of the size and location of the replacement trailer. The application is to replace the existing 24 foot by 8 foot mobile home with a 36 foot by 8 foot trailer at 32 Co-op Lane. The replacement trailer would be placed in the same location as the existing trailer, abutting an existing sunroom. The replacement trailer would exceed all required setbacks. Christine Woods, Senior Planner, delivered her report to the Committee.

Resolution No. 2023-03-7 Moved by Mike Howe Seconded by Steve Pegrum That application PL-ZNA-2023-0034 is approved to permit the replacement of the current trailer with a 36 foot by 8 foot trailer, subject to conditions. Carried c)

PL-ZNA-2023-0039 (Rose) Property Address: 2959 Desert Lake Road Purpose and Effect of the Proposed Variance: The proposal is to construct a 1200 square foot garage behind the existing dwelling on the property. The property already contains a garage and a shed. A variance from Zoning Bylaw No. 2003-75 is being requested to allow the lot coverage of all accessory buildings (2.8%) to exceed the lot coverage of the existing dwelling (0.8%). Christine Woods, Senior Planner, delivered her report to the Committee.

Resolution No. 2023-03-8 Moved by Steve Pegrum Seconded by Mike Howe That application PL-ZNA-2023-0039 is approved to allow the lot coverage of all accessory buildings to exceed the lot coverage of the dwelling, subject to conditions. Carried 10 a)

Other Business Committee Member Roberts inquired with respect to the request by staff to visit all sites posted in the agenda.

Page 32 of 78

Minutes of Committee Of Adjustment April, 13, 2023 Secretary-Treasurer (Michelle) advised Committee Members that this is a staff suggestion as all Committee Members are making a decision on each matter and therefore it is up to each Member to satisfy themselves with respect to gaining all of the information required to make an informed decision. 11

Adjournment

Resolution Resolution No. 2023-03-9 Moved by Mike Howe Seconded by Steve Pegrum That the April 13th, 2023 meeting of the Township of South Frontenac Committee of Adjustment is hereby adjourned at 7:52 p.m., to reconvene on Thursday, May 11, 2023 at 7:00p.m. or at the call of the Chair. Carried

Randy Ruttan, Chair

Page 33 of 78

Page 34 of 78

Page 35 of 78

nature

access

the

Please (l.e.

the

subject to be public

existing

Road

maintained

/ Yes

whether garage.

uses

relief

shed,

cannot

any

land?

EXISTING

and

buildings

shipping

only, please distance

l:|No

maintained

the

26.61

acres

‘17)

the facilities

structures

the

from

parking

Zonin g

33.97n ’1

VARIANCE

:Yes

container)

indicate these

road’?

.bu\42.

IVIINOR

road/lane):

FOR amended

provisions

(on

2.55

By—law:

with

Pr77aPe/=‘t§/

by water approximate

Yes

subject

the

‘/

comply

Zoning

Area:

Frontage

land.

APPLICATION c. P.13

r*w’«’!M1$

municipally

1-we

CON a

the

subject

setback

from

shed are

the

etc.)

property and

road‘?

front

the

land:

FRONTENAC R.S.O. Act,

use

water

there

than

area

subject

the

road.

used

proposed

the

30m

property

(other

indicate

are

used nearest

the

Road/Lane:

Point

residence,

Vacant

Vvhat

and

why

subject

privately

the

e?aarys

facilities

reason

the

extent

zoning

and

SOUTH Planning

265rn

depth water):

.44rrI

and

“V06? @

Pine

Name

Does

The

Reduce

The

current

RLSVV

The

Depth.

(on

frontage(s),

Frontage

The

TOVVNSHIP

Page 36 of 78

Setback

story

indicate

from

any

building(s) built on the

14.Are

uses

family

proposed

High

one

Single

13.The

story)

Area

Mark Water (If applicable)

Setback

from Line

Line

from

Line

Building

have

Lot

Dimensions Floor

(Also

Height

Side

Setback

Rear

Setback

Front

from

of Structu residence)

Lot

answer

If the

Ty pe (E.g.

)

1 1

43m

3”‘

53"‘

54m

the

43m

Storage

item

Shed

yes,

If Yes

or structure(s), subject land?

subject

3rn

5‘°“y)

SOUTH Planning

residential

TOVVNSHIP

.5rn

‘5m

additions

2.5rn

25’”

29’"

44m

Shipping

(2)

EACH

land:

for

FRONTENAC R.S.O. Act,

6.1m

existing

Container

building

FOR amended

building(s)

(3)

structure

APPLICATION c. P.13

1990,

indicate:

NIINOR

struclure(s).

(4 )

VARIANCE

Page 37 of 78

If the

I story)

your

If yes,

please

plans

provide

include

12m

Sm”)

for

each (2)

proposed

FRONTENAC Act, R.S.O.

details:

any

DEMOLITION

existing

mark relate building.

and

FOR amended

(3)

structures?

Yes

i n d i c a t e :

VARIANCE

structure

IVIINOR

the setback lane, same. the CONSTRUCTION NEVV

building

a private be will the to

addition.

APPLICATION 1990, P.13 C.

is on waterfront, property from setback the water high this required in question total size the of completed

2562"‘

24rn

1 7.22m

56'56m

2661

yes,

SOUTH Planning

Residence

(1)

9'22"‘

item

subject If the lot line and the 2) The dimensions and the NOT to

one

ilding

Line

from

Line

from

Line

from

frorn Setback High Water Mark (if applicable)

NOTES:

have

outside

Dimensions Buildinglstructure

story

indicate

Side

Lot

Setback Rear

Setback

Lot

Front

Height

(Also

answer

of Structure residence)

Setback

Type (E.g.

TOVVNSHIP

Page 38 of 78

date

the

storm

natural

privately

Indicate operated privy. sewage

provided

topography

drainage

owned

sewage system, means: other

whether

owned

means:

other

body,

privately

system,

sewers,

individual

disposal privately a

an existing

?xtures

bedrooms

the

ditches.

current

swales

system

the subject operated

have

other

means’?

ated lake,

oper

lan ds:

owne communal d

and

publicly

well,

owned

VARIANCE

subject

continued:

the

(proposed)

land individual

land

Yes

NIINOR

FOR amended

publicly communal

owner:

constructed

land individual

subject

were

and

septic

provided owned

well

the subject operated

structures

encroach

structure?

APPLICATION 1990, P.13 C.

development?

structure system?

uses

and

individual

provided owned

existing

and

acquired

was

septic

existing

the

living

plumbing

number

space

RAISING

FRONTENAC R.S.0. Act,

proposed

addition

the

details:

the

SOUTH Planning

buildings

land

2020 that

the the

water privately

time

existing

subject

water

whether

years

length

2.5

Indicate

.The

the

Vvill

Increase

(b)

uses

provide

Increase

the

include

(a)

2020

September

20.The

date

What

plans please

are

your

If yes,

July,

19.The

1 8.

TOVVNSHIP

Page 39 of 78

“*Note:

answer

application.

“”

SOUTH Planning

boundaries

all

abutting

reference lot line

distances to importance

property

The

distance

natural subject iver

(neighbours’)

to and abutting on—site be IS REQUIRED varied. and should be prepared

Show

?le

subject

bridge

the

the subject buildings,

?elds and septic The SKETCH is neatly and accurately

barns, sig nifi as can t

applicants

wetlands. the

and

Pla nni ng

lan crossing. d subject

location

THE

subject

the

railway

the

VARIANCE

application

the

under

NIINOR

TOP

including

THE

been

between

ever

number

wells. shown. be carefully.

owners’

FOR

amended

artificial features and land. include Examples or stream banks. barns. these of features from

lands.

application

land

number

ARROVV

following:

the

NORTH

the

land has Variance).

give

subject

APPLICATION c. P.13

1990,

. . . . ..i.e. distance point landmark such as a

of all to the ditches

showing

give

subject (Minor

please

land is Consent.

the Act

please

yes,

HAVE

The location approximate the land that is adjacent watercourses, drainage wells and tanks. septic lines.

The

FRONTENAC R.S.O. Act,

dimensions

yes.

buildings.

and

MUST

location

submitted

The location of nearest township

proposed

The and

item

whether Planning

/No

indicate the of

SKETCH

must

question

THE

SKETCH

If the

the

Yes

please If known. under Section

answer to a pplication

whether the subject of Plan Subdivision

Yes

indicate of a

If the the of

Please approval

TOVVNSHIP

Page 40 of 78

Page 41 of 78

appoint address

should

owners

Guide

appear the full

Completing th in ma:

——

Minor

behalf should

address,

section,

your

the

APPLICATION c. 1990, P.13

on act number

FRONTENAC R.S.O. Act,

someone and phone

must be

SOUTH

Planning

FOR amended

the here

live with

ate postal

separ

VARIANCE

variance owner’s All

Form

NIINOR

if they complete

during appear

even

Variance

mark,

—

and

You

All

number up before

acres:

the

with

ofthe

this

beginning submitting parts

may not be aware for pre—consultation

can’t you example,

already too because

for

why

is look

area,

This to

zoning planning

question

with the

a steep

comply: because close to

shared

roads (not

private

after

add to further

meet

that

yo r

the

provide

private

the

requir ed an

c a n do to than 3 within 0 buildi ng this

on to from

asking rather m structure accessory are

not

and

completed. property

appears

the Township: but lanes

can you a variance developing

why

driveways. others).

looked

words, seeking or that

with

are

other In you are the water, embankment.

you

your staff.

must

‘1029’ which application.

of Extent This is asking what Relief: question it could be that are example, to you asking or you that asking increase the height are to or are a variance that to construct you seeking than the building. principal

for

come

zoning:

you

be,

time

No:

depth,

blank. Roll take

the Subject Land: of District: The Districts are same as the the former are Townships. If you the roll number (the long number beginning on your with 1029) bill. tax 020 or 010, district is 030, your numbers are Bedford; if the O40-050, Loughborough; numbers are or your if the 060 district is Storringt 070, on; are your numbers district is Portland. 080, Concession and Lot Numbers: check are not if you sure, tax bill your Number: Street Your civic address civic number has been assi not if a gne space blank. d, Name of Roadlstreetz This whether question or not are on applies you a public road. Plan No: Reference If your has been surveyed, it will have property a one or more on that parts has been plan. If your not property surveyed.

all

Roads: Municipally maintained residents that maintain themselves and that generally are property

is that impossible

Reason could

front

Nature variance water water

wish name,

mark, lot line

Current

when

Frontage,

Description

address(es)

orization.

auth

may You person’s

names

the

The and

TOVVNSHIP

Page 42 of 78

Parking

Proposed

may

Date

Length years.

Water their

new

—

All

demol

Structure: under

acquired:

buil

it.

lake.

ons,

For

cases

ngs:

did

the

e.g.

not

take

answer

example,

are

you

answer

walls

build

you

complete your dwel

permit

from

dwelling,

new

the

ng,

all

sections please

part

screened

will

has

sure,

the

private

land

provide

that

proposing

possession

each

you

it clear

raise

building

your

the

well,

been

but

used

some

for

ut reside nce, involve d. in

departme nt. wit ho of

be deck,

increase An an involve

building

waterfront

residential

estimate.

the

demolition

property? best

must

systems.

add

the

accomplished the beginning on your to

this question. would porch

there

the be at add

septic

t h e of this describe

now,

access

VARIANCE

as th e const ructla n d ”, property,

land

only

NIINOR

property

can

development and

ANYTHING garages,

height cannot to the Committee to permission

decks,

ALL proposed addition to

are

must

structures

FOR amended

recreational

same to this be the question will planning and are vacant, you 10 would be “vacant recreational

You deck

“residential" planning add:

words,

If you

Please with

other

answer currently section in

vacant

relevant

APPLICATION c. P.13

1990,

only

business,

on requires ion increase or not made clear are you granted have made not you ad is

columns.

V\Ihen

uses:

most

months’?

existing

supply: from water

existing

land

the is

structures: there is

buildings

retail

FRONTENAC R.S.O. Act.

question

are If you includes

construction: construct

This

Development: include anything

Raising basement

actually

structures: “yes”

proposing to in separate

proposed walls. If this although find that, do it because

instances, existing of

Demolition:

Description you are information

question

18)Uses would space.

described

Uses: Generally. the land example, use to be described 13 would in section

Proposed but if, for then the

and

ANY

are

of buildings on your property. residence.

if there “yes”.

Description structure the from

residential.

This

Buildings: question

e.g.

Docking:

Uses:

and

SOUTH Planning

Existing

water.

TOVVNSHIP

Page 43 of 78

a previous

as has

done before commissioners. been appointed.

Agreement

this

known,

what

signed Must be the application, must sign

and

the

application,

FOR

system,

amended

for

consent

of the

ofa

the

were.

the

application or It can

in be

of signed

front

f f

t b a y

ple ase

oaths

and

accurate,

property,

detailed, professional dimensions accepted. a

may

with

(severance)

deal

there

VARIANCE

on the property? other special per mi the seller prob will ssi ably

commissioner

with show

any

variance

of owner,

granted

but

IVIINOR

or subdivision information)

not not will

front sign

contract

importance

constructed

granted of the

new

variance aware be

variance the details

lndemnify: submitting owners All

been

zoning

a minor probably are If you

has

the

you

been will by—law.

ever

application

been

severance for this provide

enough SKETCH: We the cannot stress You do necessarily need not to sketch. are but sketches that not drawn to scale, drawn neatly (PLEASE RULER), USE not A

number

there

property,

Has

help

have

sewage

APPLICATION c. 1990, P.13

private

the to this.

can

be that

currently

will

application

there

ditches

answer

FRONTENAC Act, R.S.O.

If yes: application

aware

speci?c

the

SOUTH Planning

a is current (Staff number.

consent:

etc.’?

there

cases

you

Minor variance: of owner time variance for a

there the tile

If yes: indicate

for Application property? for the

most

Are drainage,

Drainage: natural

Septic

TOVVNSHIP

Page 44 of 78

A-1

SITE STATISTICS

—

04/04/23

GROUND FLOOR SECOND FLOOR TOTAL

DOG

WATER’S EDGE AS SHOWN ON 13R-—20993(P1)

SITE PLAN PROPOSAL

LAKE

1539.70 SQUARE FEET (143.04mZ) 1558.46 SQUARE FEET (144.79m2) 3098.16 SQUARE FEET (287.83n“f)

FRONT YARD 87’-4" (26.61 m) REAR YARD 185’—7"(56.56m) NORTH SIDE YARD 56’-6" (17.22m) EAST SIDE YARD 198’-11 ‘I/2" (60.65m) FLOOR AREA

LOTAREA 2.55 ACRES (10325.33m2) COVERAGE 1.9% BUILDINGHEIGHT 30’-6" (9.3m)

TOWNSHIP OF SOUTH FRONTENAC

SETBACKS

Page 45 of 78

DOG

BERMEL DOG LAKE —

30m WATER SETBACK

LAKE

APPROX. LOCATION OF SEPTIC FIELD

.~\

,/\

IS T I N G x S H E \‘ / D

X V; , TO

A-1

SITE STATISTICS

87’—4"(26.61m)

04/ 04/ 23

GROUND FLOOR SECOND FLOOR TOTAL

DOG

30.00

WATER’S EDGE As SHOWN ON 13R—20993(P1)

SITE PLAN PROPOSAL

LAKE

1539.70 SQUARE FEET (143.O4m2) 1558.46 SQUARE FEET (144.79m2) 3098.16 SQUARE FEET (287.83nf)

REARYARD 185’-7" (56.5 6m ) NORTH SIDE YARD 56’-6" (17.22m) EAST SIDE YARD 198’-11 1/2" (60.65m) FLOOR AREA

FRONT YARD

LOT AREA 2.55 ACRES (10325.33m2) COVERAGE 1.9% BUILDINGHEIGHT 30’-6" (9.3m)

TOWNSHIP OF SOUTH FRONTENAC

SETBACKS

Page 46 of 78 —

30m WATER SETBACK

DOG

BERMEL DOG LAKE

/ V

LAKE

APPROX. LOCATION OF SEPTIC FIELD

E i X I S T I N G /' S II E D TO

Page 47 of 78 or M45, 2015,

Tl-¢Es.IRv:YwAsoou=LETEnoNmE2.5TH

\ \ \

‘M

\\ \

{%‘e;

\a5_

‘

\\ \\

30.00

‘“°""

“W”

““ “°""°’"“

“"°""°

°"°"‘"°°5~

Dzgfgumw

MXDOI STAKE PAINT EDIE N GRAVE. VIATDB EDE VI.RONALDQANCY. 0.L.S. PLAN132-209» PLAN I3?-21226

GWJII)

SET NEASUTED

CALOLILATE)

SIRVEY MDIUEIT PLANTED room) sukvzvuauuuaar srmomn Rm BAR 5”‘“““R° “‘°” 5”‘ IRON am PLASTICBAR NW3 Sm,”

mmmmma

IISf.TI‘I)o. B22137-93)

-9 /

//X

<»~2;°>' ‘I3’

/*‘p

,°/4’

‘°

.°-«I

-I3

‘G

$3_

‘

AI33

3, .e

~.«:w* ‘éa

‘,5

Pg’.#3.».4

gr -5‘

‘hi

~~ — 3000—, —

‘~~__

HV.K&-wli??

‘~~_

I I ‘I if I

~_\

‘35‘33 .. E61‘ 49‘, .d"P.G:5./

*’{

““’s<r= / 7;“)

‘W ,o,;; EX’? x9}“ws:° (%°“°’.m.‘.?..mzJ2)

(5:

I I

1 I I

I,‘ I I

I II ‘I I

0:;3’

*5!

5°

‘G

4 ~§".gP‘ ‘,5? ea J? ‘° ..sg ,c ‘G. .c A, y {P ‘0 . «Pt .c 15, 54 mo 4,; ‘s 3., I A3 pa o I-‘,.a },1‘‘ o .04 (‘QSQI ‘)0;/€35 .£t.0 ‘Sp ?y) €9.36 J‘: . G , .0 ‘ .6 “E, 6‘.-6‘; Ea n’I'4’“’°°1 G ?g; -9? .0 3? 9 .0 .5 ,0 a.9n.c 0:!’ 3; Eu

xx519xx

PART 1

FRW

13R—21226(P2)

PART :5(P1)

(PCINTN MEASUREIENT)

“‘°““L’\q_ $1. \__mgo“u \—oesau=11ou NODE

swam.

DERNE) ELEVATIONSSIOWI ARE %ETIC ANDHAVEEl USNG REALTIMEI£TIYRK(R’I’N) G’S O8§RVATIONS BAE AND ROVDIBASELNS.

DENOTS

SWWI U4 THEPLANBY THE CUIBINE SCALEFACTW W 0.995734.

C O N

LOT

°""”°“

‘°"‘5’ “°“‘°’

can usmacss cm as CALWLATEDav Ml.I.TIPLYINO TH: memo nlsmaczs

‘“

W *5’ ”°"‘’“’‘’‘’ ”‘”°“

NOTE & LEGEND?

‘E

‘.{

xx514

"””””

/:’_,»—’

“9”

‘,

as/’

”,a’

.9‘ ’

"”

‘°

(?A

“$6 :9

£”,,,¢ ‘G ‘I // /’’’’°,,»v r,-2/T’ .a

.0]

‘

‘6

‘

\G ‘,9 ~99

/”

‘.,

{P}?

”

T“

xxsoexx

SIDVM on 131-zonsm)

“WSW”

XX5

XXEMIX

0’

-6

xxwgxx

DOG

(ms)

“§_I,§;!*31o.E

.:9,

nv.an:ar—awmp

P A R T 5 1 3 R _ 2 0 9 9 3 ( P 1 )

LAKE

’/,/T -»”’ ”,,—”..-,¢zP’§°’_;°,1

3‘

XX51BXX

SWI NG!

‘‘?F1’a‘=H’; if so ‘egg/’ ‘§}# -9’! 3/ .a’° 3*‘ .L"C3.‘;9.° 3: 53*, G§¢.c5{9’
/I/‘gm A :.,m er’Kan .67 m.a*‘°g<‘$9 49’. D o G L A K E wg,“ ‘,,¢..,{——-° 3“ ,,>°/T’ mg 5 a / e“§> (.mma‘§%o—' 95/_,- ,.!5’’

..58’ .5‘ “$9535 an . ?r $0 g” ,3; V/(,.—17{‘t .:1~'§
/;/ gr?mg‘ «e s…,ws,’:=.:e:.,*.=.m /—><a «me xi 039/:-.2$5\»’~IImwo % £«:’/»’ E‘

mun

nsrazzncaPOINT

LEJE IL HIGGNSGI SJIIVEYINGLtd. GJTARIOLAID SJRVEYUI K!NS1TN. GITARIO

“‘

AND PLAN ARE oomzcr AID IN

SURVEYOR’SCERTIFICATE:

Page 48 of 78 I

\\ \‘ \

LOT

‘5

.’”

I p’/—

xxsu ,

”’—’ ——————————————

“

’

( Q3§<)

(Pant

‘5

‘,9

’°

3;:

,’

»r

/II II
,II \\

’’ I

~~-_

‘

I P.

-0

/°<9’::(-fr :9 ‘,9 fig .G’c

34‘ f ‘#9 .c

(9150

av Jams-awzruy

PART 4(P1)

‘~~~_

I—._

1’

, I

I I I

,, I I I I I

‘

‘~

K / wan/gé? ?g’.45° :. $0 ‘ / I“ 2 3 ” 9’ . * .5‘; .9’ ..,.»:’° yin ,,e~.z”~w%§ ag. »g‘-°.é’:..” se’3. sum‘ it

‘

13:;rczuzaz)

PART 1

me“

omwis

13R—21225(P2)

(19%/g‘J’

P5)

mam-mama

or IEASMBIENT)

Vuzsaarnon

-~E:;’.s°.”

°‘°"“‘-‘\Q_

Non:

BASE AND R°VE’R BASE-N55

awe,

:*TR‘ju‘g°gMcY GL5. PLAN 1352-2099: PLAN I3n—2122a

mm.‘ lllugl? %wwI§E!§V§“11‘gIg REAL%N? )

‘

:ot51a)o<

4; ,,—”

__-/’

’

)o(51

on Ian-zouaxrv)

“’

_ _

q$‘

499‘ -6

1:’ XX5IOIX

‘P

/’

,a’’

‘‘

DOG

’°""°°’°‘

m._e1

“°(°r;%s3IrE

‘o

so 3

‘,4’

,>-”:§;/caI 6 y}? as

4’

ff,’

~°I.0

LAKE

—

)0‘-‘>0 "

—

“WW —

—

’

‘

[3]

“

—

P A R T 5 1 3 R _ 2 0 9 9 3 ( P 1 )

W?‘

,5 W g/g,—— 6.’ ——’/’<°..9’ 49’E9

‘O

.o€—~°

:7,-£—”

-’/ “I ¢, ;»

’,,,~’,.-;e(P-s‘9;f{”

mmm?s slow

S;

ggorcmwa.

‘D0094 SW5

SE? NEASURED

mm W mm cuwum: °‘°’-W

°’‘’‘

.$.’.,‘.."‘I,‘…’?°

”‘°”

{fa

1”: mow

SIR\IEYMlNUlA9lTPLAN1’ED suRvEY umuxzrrr Fouuo SHORTsrmmno now am

*1 0 ‘8

DENOIE

cu.c

C O N

M19”

9* mmmn

—_

Q’

‘£7

‘6

’,,

xxsoexx

El:

’

R A S

_ _ S

W W

3’ 0. . _ if . . ?g/-6‘ ‘,§{ $9‘4;‘f K1,;/VB 8 Eo_‘,9:‘3g 9* .5? ff,’ Ig? fga‘ I/ max ’/ #2 3: g‘.c;"
‘aw 4:’ cc,‘ ER of ‘5 9 / 3, ‘Ff, ?g’; ,z ,r”’ Io @199} 4?’ . “9 —jr€} W5-‘“1 153% . ’ ’IL—"‘ 3:039 -f/‘.15’ saw _ ’/ “ME s’{‘a/"\—~€’;

‘@635.

F93’ €;»§/ ’

wA1’En’s:na:As suomouusa-2m3(P1)

L A K E

“§aNT

D O G

ouwao man suwvarun

_ L254: :1. uroemsou

wu:

ONTARIOLAM)

owners can at cuwwro

§‘iU?NON1’H’EPl.ANBY1’HE(XIl8lNE)SCALEFACTUiG0.999734.

cu?-§T:~=2w _

7”‘ W”

°”

smvcvuz xncsmu.uumuo

\ \

‘‘ E” 35§r’W:.’’‘2§m°°"’

|5g|:u,mq;;g3g§ynyEyp;cu4_

“M <75‘*5‘ Wm ‘°5“5’ ‘2°’“°>m. ntsr/wot: snow uaaaouARE HORIZONTAL enouuousrmca.

§s‘“3a”ss::zs3:31‘3’:«§°A‘§n9’a:‘éREn£’§”mE$T:?u’§‘o"zVE?umw

mu: uuoeamm

‘I.mm1I1s"st:c§I mu PLANAn: comer Am IN éi’.‘33:"§o‘.%‘..!‘rT”nI:"‘L.‘.I;“”‘mEss”°Jer“I‘»n ms Izwunons

NOTE 8: LEGEND:

SURVEYOR’SCERTIFICATE:

Page 49 of 78

Inset Map Inset Map

N UR

PINE POINT LANE

Cranberry Lake

SBEE ROAD M

246 PINE POINT LANE

PL-ZNA-2023-0042 (BERMAL) (PRESTON)

PINE POINT RD

Dog Lake

HID E

STREE T

Dog Lake

W AY L ANE

RO AD

WEL LI NGTON

228 PINE POINT LANE

RO A

SE A TTER BA

RY R SUNBU

PINE POINT ROAD Legend Subject Property Provincially Significant Wetland Wetland Wooded Area Lake Trout Lake - At Capacity Lake Trout Lake - Not at Capacity

Dog Lake

Non-Lake Trout Lake - At Capacity

PINE POINT RD

Township Boundary Road Railway

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

Cranberry Lake

Page 50 of 78

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

Scale: 1:1,000 0

12.5

50 m

UTM Zone 18 NAD 83

Date: 2023-04-11

Page 51 of 78

FRO N1-ENAC

Type of Application or Proposal:

Number:

To:

Comments:

Location:

No Objection. A suitable location for the installtion of a sewage system exist as. The installation of Treatment and Dispersal system or a system Level 4 treatment may be required, due to site constraints. Specific requirements will be determined during the Application to Construct a Sewage System process prior to issuance of the building permit.

Con 8 Part of Lot 18, 13R20993 Part 5&6 Pine Point Lane Township of South Frontenac (Storrington)

Bermel, Erik

Minor Variance

PLZNA—2023—0042

Secretary-Treasurer, Committee of Adjustment Township of South Frontenac 4432 George St, Box 100 Sydenham, ON KOH 2T0

COMMENTS SEWAGE SYSTEM REVIEW

Ap’°"°a”°”

\‘:

Applicant Name(s):

V9 ff

ff-‘-s\___ SO UTH Development Services 4432 George St, Box 100 Sydenham ON, KOH2T0 613-376-3027 Ext 2226 buildin southfrontenac.net ‘

April 27, 2023

CRCA File: MV/FRS/72/2023

Sent by e-mail Ms. Christine Woods, Senior Planner Township of South Frontenac P.O. Box 100 Sydenham, Ontario K0H 2T0 Dear Ms. Woods: Re:

Application for Minor Variance PL-ZNA-2023-0042 (Bermel)(Preston) Pt Lot 18, Concession 8; Vacant Lot, Pine Point Road ARN: 10290700602591100000 Storrington District, Township of South Frontenac Waterbody: Dog Lake (Rideau Canal)

The Rideau Waterway Development Review Team (RWDRT), made up of staff from Cataraqui Conservation (CRCA) and Parks Canada, have reviewed the above-noted application, and provide the following comments for the Committee of Adjustment’s consideration. Summary of Proposal The proposal involves the construction of a new single-detached 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 26.61 metres to permit the construction of the new dwelling.

Site Description The property is located at the southwestern end of Pine Point Road on a peninsula of land at the boundary of Dog Lake and Cranberry Lake, which are part of the Rideau Canal. The topography of the site can be characterized as rising steadily from the shoreline up to a few plateaus of land located throughout the lot. The dwelling is proposed in a relatively level area in the centre of the lot. The property currently contains a storage shed and shipping container,

Page 52 of 78

PL-ZNA-2023-0042 April 27, 2023 which are to be removed as part of the proposed development. The terrain consists of some trees scattered throughout the lot and cleared areas of exposed bedrock. The property is currently designated as ‘Rural’ in the Official Plan and is zoned ‘Residential’ (R) in the Zoning By-law for South Frontenac Township. Dog Lake is zoned Environmental Protection’ (EP) in the implementing Zoning By-law. Discussion The main interests of the RWDRT with respect to this application are the avoidance of natural hazards associated with the shoreline and the protection of the cultural and natural heritage and scenic values of the Rideau Canal National Historic Site and UNESCO World Heritage Site. Natural Hazards / Ontario Regulation 148/06 Cataraqui Conservation, through our implementation of Ontario Regulation 148/06 and, in accordance with the natural hazards policies of the 2020 Provincial Policy Statement (PPS), directs development away from lands subject to natural hazards, such as flooding and erosion. Flooding: The maximum recorded water level for Dog Lake is 98.95 metres geodetic. For Dog Lake, the maximum recorded water level is used in lieu of an engineered flood plain. Cataraqui Conservation’s Guidelines for Implementing Ontario Regulation 148/06 (see description below) require all development and site alteration to be set back a minimum of 6 metres from the regulatory floodplain of a waterbody. Based upon elevation mapping data and the site plan submitted with the application, the proposed development will be located outside of any area that may be subject to potential flood risk. Erosion: Section 5.8.2.b) of the Zoning by-law requires that no building or structure or septic tank installation shall be located within 15 metres horizontal of the top of bank of any embankment, the slope of which is greater than 30% from horizontal. Due to the bedrock shoreline, and in accordance with provincial technical standards, CRCA defines the extent of potential erosion hazards to be 6 metres from the stable top of bank. CRCA policies and guidelines require that this 6 metre setback is applied for all new development. Based on the site plan submitted with the application, the proposed dwelling will be located outside the extent of the erosion hazard limit. If approved, staff recommend that proper sediment and erosion controls be incorporated into construction plans. Staff also note that the applicants will need to apply for a CRCA permit at the building permit stage, since the development is occurring within an area regulated by Cataraqui Conservation under O. Reg. 148/06. Heritage Values of the Rideau Canal The subject property is located on Dog Lake, part of the Rideau Canal National Historic Site and UNESCO World Heritage site. The Rideau Canal National Historic Site is valued in part for its historic, ecological and visual associations with shore lands and communities along the waterway

Page 2 of 4

Page 53 of 78

PL-ZNA-2023-0042 April 27, 2023 which contribute to the unique historical environment of the canal [Parks Canada, Rideau Canal Commemorative Integrity Statement, 2000]. In addition, when the Rideau Canal was inscribed on the World Heritage List in 2007, the World Heritage Committee recognized a 30 metre buffer zone surrounding the inscribed property and recommended that consideration be given to strengthening the canal’s visual protection outside the buffer zone, in order to ensure that the visual values of the setting are protected alongside environmental values. In this sector of the Canal the buffer zone extends back from the high water mark of Dog Lake. Per the Operational Guidelines for the Implementation of the World Heritage Convention, effective management of a world heritage site goes beyond the property to include any buffer zone(s), as well as the broader setting. Ways this can be achieved are through limiting development within the 30 metre buffer zone, and by designing development to be unobtrusive, visually screened and integrated within the vegetation and topography. We encourage developing the property in a manner that complements the visual character of the landscape and minimizes visual impact on the protected heritage property. The use of building materials and colours that blend in with the surrounding landscape are encouraged. Earth tones and neutral colours are recommended for the finished exteriors. Reflective materials, such as galvanized and bare metals, particularly for roof coverings and support structures, are discouraged. In accordance with the PPS (2020), planning authorities shall strive to maintain, and where possible, enhance water quality through the review of development proposals. One way to achieve this and to protect natural heritage is through provision of an adequate riparian buffer or “ribbon-of-life”. A minimum buffer of 30 metres can provide a buffer of undisturbed soil and vegetation along the shoreline, which will help to filter runoff, prevent soil erosion, and provide wildlife habitat. Due to site constraints, the proposal maximizes the setback from the water and has been designed to complement the local landscape. For long term protection, we recommend preservation and, where possible, enhancement of the vegetative buffer between the proposed building and the water. This can be achieved through: • • •

Limiting vegetation and soil mantle disturbance within 30 m of the water; Directing runoff from hardened surfaces (e.g. roofs, decking, patios) away from the water to a vegetated area to allow for maximum infiltration before entering the lake; Use of native, non-invasive species when landscaping and gardening on waterfront properties.

Over the last ten years, Parks Canada has been working closely with all 13 municipalities, three counties, two conservations authorities, the province and First Nations along the Rideau Canal as part of a collaborative working group called the Rideau Corridor Landscape Strategy. One of the initiatives undertaken by this group is the Principles for Good Waterfront Development. The

Page 3 of 4

Page 54 of 78

PL-ZNA-2023-0042 April 27, 2023 10 Principles provide helpful guidance when undertaking new development/redevelopment along the historic site. Recommendation The RWDRT has no objection to the approval of application PL-ZNA-2023-0042 based on our review of natural hazards and cultural and natural heritage protection policies. We also recommend implementation of the above-noted best practice measures (in bold text) and advise the applicant that a CRCA permit will be required at the building permit stage. Regulatory Requirements Please note that portions of the subject lands are subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, which is administered by the CRCA. The purpose of the regulation is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected by natural hazards, such as flooding and erosion, and that the changes do not put other properties at greater risk from these hazards. For this property, any development (buildings and structures) and site alteration (excavation, grading, placement of fill) within 15 metres of the floodplain of Dog Lake or within 15 metres of the top of bank of the shoreline is subject to O. Reg. 148/06. Therefore, a CRCA permit will be required for the construction of the proposed dwelling. The landowner(s) should contact CRCA’s office at the building permit stage for more information about permitting requirements under O. Reg. 148/06. The Parks Canada Rideau Canal Office is an approval authority for all in-water and shoreline works along the Rideau Canal. If the landowner wishes to carry out any in-water and shoreline works, the Rideau Canal Office must be contacted. Written approval must be obtained prior to the commencement of construction. Work must adhere to the Policies for In-water and Shoreline Works and Related Activities. The Parks Canada/Rideau Canal permitting staff can be reached at on-rc-cr.permits-permis@pc.gc.ca. Please inform this office of any decision made by the Committee with regard to this application. If you have any questions, please contact the undersigned at 613-546-4228 ext. 239, or by email at jtreash@crca.ca. Yours truly, . Janelle Treash Resource Planner Cataraqui Conservation cc:

Susan Millar, Planner, Ontario Waterways Unit, Parks Canada Applicant, via email

Page 4 of 4

Page 55 of 78

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: May 11, 2023 Minor Variance Application (S. 45(1) of the Planning Act) Subject: PL-ZNA-2023-0042, (Erik Bermal and Michael Preston), Pine Point Lane, Storrington District

Summary The subject application seeks zoning relief to permit a dwelling with a reduced setback from the highwater mark from 30 metres, as required by Section 5.8.2.a) of the South Frontenac Zoning By-law, to 26.61 metres. This report recommends that the Committee of Adjustment deny approval, as this application does not meet the four tests of a minor variance outlined in section 45(1) of Planning Act.

Background Official Plan Designation: Rural Zoning: Limited Service Residential – Waterfront Zoning Relief Requested Section 5.8.2 a) – to permit a dwelling with a reduced setback from the highwater mark from 30 metres to 26.61 metres. Related Applications The subject property is not subject to any other applications under the Planning Act.

Discussion/Analysis Background The subject property is a vacant lot and legally described as Pt Lot 18 Concession 8 Pine Point Lane, Storrington District. The subject property is zoned RLSW, which permits a single detached dwelling or a seasonal dwelling. The RLSW zone requires a setback from the highwater mark of 30 metres. The lot was created in 2014 under application number Swww.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 56 of 78

Township of South Frontenac Staff Report - PL-ZNA-2023-0042, (Erik Bermal and Michael Preston), Pine Point Lane, Storrington District

70-14-S by 1324789 Ontario Inc. Included in the list of conditions was that the applicant shall enter into a development agreement to be registered on title to the severed and retained parcels which deals with the Township’s environmental policies, as well as the requirement for the owner to contact Cataraqui Conservation prior to any development on the property, to determine the need for a permit.

Property Description The subject property is generally level and low-lying. The northwestern portion of the property drops in elevation by approximately 2-3 metres compared to the average elevations found on the subject property. Two accessory structures are located on the property - a small shed, and a steel shipping container. Summary of Proposal An application for minor variance was received to permit the proposed dwelling with a reduced setback from the highwater mark from 30 metres to 26.61 metres. The applicant is seeking relief from the Zoning By-law and has indicated that topographical constraints due to the grades of the property are the reason for the application. Department and Agency Comments Public Services did not provide comments on the application as the property is accessed from a private lane. The Rideau Waterway Development Review Team (RWDRT) provided comments on the application. The RWDRT has no objection to the approval of application PL-ZNA-20230042 based on their review of natural hazards and cultural and natural heritage protection policies. If approved, staff recommend that proper sediment and erosion controls be incorporated into construction plans. Staff also note that the applicants will need to apply for a CRCA permit at the building permit stage, since the development is occurring within an area regulated by Cataraqui Conservation under O. Reg. 148/06. Building Services provided comments on the application. Staff has no objection and determined that a suitable location for the installation of a sewage system exists. Public Comments No comments were received from the public at the time of the writing of this report.

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 57 of 78

Township of South Frontenac Staff Report - PL-ZNA-2023-0042, (Erik Bermal and Michael Preston), Pine Point Lane, Storrington District

Planning Analysis The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. It is the opinion of Planning staff that the proposal does not meet the four tests as explained below. Does the variance maintain the general intent and purpose of the Official Plan? The proposed variance does not maintain the general intent and purpose of the Official Plan related to development adjacent to environmentally sensitive areas. Section 5.2.7 b) (i) of the Official Plan states: 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, it is the intent of this Official Plan that all buildings, campsites, and structures not related to the use of the water and all sewage disposal system leaching beds be well set back from the highwater mark. More specifically, a minimum setback of 30 metres (98.4 ft.) Does the variance maintain the general intent and purpose of the Zoning By-law? The subject property is zoned RLSW, which permits a single detached dwelling or a seasonal dwelling. The RLSW zone requires a setback from the highwater mark of 30 metres. The proposed variance does not maintain the general intent and purpose of the Zoning By-law. The proposed dwelling would be located less than 30 metres from the highwater mark of Dog Lake. The intent and purpose of the Township’s Zoning By-law is to prescribe setbacks and provisions that permit development while maintain water quality protection and aesthetics through the natural vegetative buffer. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The variance is not desirable for the development of the land, as it would allow the proposed dwelling to contravene both Official Plan policies and Zoning By-law regulations. In the development agreement registered on title for the subject property, Section 2.2.4 states “That the property be managed prior to, during and following all development of the lands in a manner whereby the natural soil and vegetation is maintained within the water setback area (minimum 98.4 feet/30 metres), except as approved by the Township of South Frontenac, and that minimizes the potential for soil erosion and the subsequent deposition www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 58 of 78

Township of South Frontenac Staff Report - PL-ZNA-2023-0042, (Erik Bermal and Michael Preston), Pine Point Lane, Storrington District

of sediments and pollutants in lake, creek, wetlands. If the natural vegetation, had been disturbed and removed prior to the development of the lot, natural vegetation cover shall be restored within the water setback (minimum 98.4 feet/30 metres) area. There shall be no clear-cutting or construction of roadways within the setback area. Is the variance minor? The requested variance does not maintain the general intent and purpose of the Official Plan and Zoning By-law and is not desirable for the appropriate development of the land. The proposed dwelling location has the potential to cause negative impacts because of its size and location on the subject property and close proximity to Dog Lake. Planning staff are of the opinion that the proposed application is not minor. The proposed dwelling location results in an encroachment towards the waterfront. The waterbody setback is not maximized to the greatest extent possible. The application, as presented, does not meet the intent and purpose of the Official Plan, does not meet the intent and purpose of the Zoning By-law, is not desirable for the lands, and is not minor. A site visit was completed by planning staff on May 2nd, 2023. Based on the site visit and review of the topographic survey completed by Leslie M. Higginson Surveying Ltd., it is the opinion of staff that there is a suitable building envelope outside of the 30 metres setback from the high-water mark.

Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing. This included notice given: • • • •

by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, deny minor variance application PL-ZNA-2023-0042. If the Committee of Adjustment approves minor variance application PL-ZNA-2023-0042, then the following conditions are recommended:

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 59 of 78

Township of South Frontenac Staff Report - PL-ZNA-2023-0042, (Erik Bermal and Michael Preston), Pine Point Lane, Storrington District

The minor variance is to permit a dwelling with a reduced setback from the highwater mark from 30 metres to 26.61 metres, as per the submitted application and sketch.
A building permit is required for ALL demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac.
The applicant shall apply for and obtain a permit for a sewage system under the Ontario Building Code.
Minor variance PL-ZNA-2023-0042 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Report Prepared By: Brad Wright, Director of Development Services

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 60 of 78

Page 61 of 78

Page 62 of 78

Vvhat

Please (Le.

the

are

the

on proposed

subject

to public

)§.Yes

whether garage.

use

cannot

from

shed,

there

uses

etc.)

are

the

EINo

and

property

road.

used

Po tr“

front on road?

any

EXISTING

land?

by is water approximate

municipally D Yes

subject

the

excff“

maintained

buildin

only, please distance

¥3\lo

the

5,) of

MINOR

road/lane):

FOR amended

provisions

(on

structures

indicate these

road?

facilities

the

from

parking

su bj ec t

oluofllrixj v ClYes

CLA OL

Zoning

C l

/ O

VARIANC E

the

‘?."/D:/v;l/«)(i_:l‘—?—s/

with

By—law:

1/0

%3’

comply

O‘?

-QILC

Zoning

Area:

Frontage

land.

APPLICATION F’.13 1890, C.

‘1Dvc..«/vs.

the

1; .c{..Q¢/L1‘:/I.‘

ecpiwzg property

existing

the

relief

subject

R_.//we

subjectland: the

the

FRONTENAC R.$.O. Act,

gvqgglg‘-yl-1/._,L¢,k

extent

maintained

used nearest

area

/~‘73-

clJe:(-’:c./(. L

B(_,L<l<;

Road/Lane:

indicate residence,

the

facilities

the subject a privately

access

Name

and

why

and

Qsl/811:!’-‘€—

Does

zoning

Qcs

and

SOUTH Planning

i"li“E ‘Iris

water):

depth

[i)<;_s‘FiriJr..

reason

¢?a,c_J<_

The

nature

current

The

Depth;

(on

frontage(s),

Frontage

The

TOVVNSHIP

Page 63 of 78

Lot

14,Are

1 3.The

Line

any

built on

the

uses

buiIding(s)

Q.§(A?

osed‘

High

scary)

one

fr_orn

Area

from

pro

Line

from

Water Mark (If applicable)

Setback

Floor

two

t ure

from Line

Building

Lot

indicaze

D_ imensnons

story

answer

f St rue residence)

Setback Lot Side

Rear

Setback

Front

Height

(Also

Setback

T ype (E.g.

if the

$L12. I

s’

subject

“gDYes

land?

land:

additions

5’»

4’

(700

mg,

existing

59,.

[O X/0

2_,

structure(s),

L “

(4)

VARIANCE

Q~;C/~

QCL

indicate:

MINOR

Is‘I‘vs/or

, 2 _)

“Q7

buiiding(s)

FOR amended

S/\

(3)

structure

,_0.jV/if‘ 6 I

1%. é“/1>rr4

, 313</X3

APPLICATION P.13 1990, 1:.

building

34‘

(2)

EACH

wt?

for

34°“ “J

structure(s),

subject

(«4./Q

yes,

FRONTENAC Act, R.S.O.

_g{., <7ooas»

‘*

the

Planning

SOUTH

1 1

(£21

item

TOVVNSHIP

Page 64 of 78

Setback

two

Lot

one

If yes,

please

plans

include provide

is yes,

SOUTH Planning

for

413,.’

3C-

‘#3

_ ,A

Q5’

3 “U! ‘r on

L’

each

If >5

(2)

proposed

FRONTENAC Act, R.S.O.

details:

any

DEMOLITION

existing

on and mark relate building.

FOR

structures?

be the

elx *( 0

structure

Yes

in di ca (4 te: )

VARIANCE

the setback lane, same. NEVV CONSTRUCTION the

-}/0

(3)

MINOR

Ccl’}

arnended

building

private

will to

addition,

APPLICATION F’.13 1990, C.

is on property waterfront. setback the high from water required in this question total size of the completed

:3 ”

0,:

your

Mark

from

story)

<__/4e‘C’(<‘

(1)

item

subject If the lot line and the 2) The dimensions and to the NOT

Water applicable)

NOTES:

High (If

Setback

Buildinglstructure

Dimensions

Line

from

Line

from

Line

from

Building

Lot

Outside

(Also indicate or story

Height

Setback Side

Rear

Setback

Front

Structure

answer

residence)

If the

(E.g.

Type

TOVVNSHIP

Page 65 of 78

the

whether

time

water

storm

drainage provided

sewage system, other means:

sewage

whether

prlvy.

the

provided

owned

existing

owned

(..q

provided

the

owner:

subject operated

the

sewers,

/J/pr

ditches,

swales

other

individual

land

have

the

Yes

and

communal

publicly

means?

C>..On.u«—€

well.

owned

Y e s

owned

d lake,

operate

lands :

$1 N o

SbN o }g N

VARIANCE

subject

MINOR

continued:

FOR amended

a publicly or communal

land

constructed

land individual

subject

were

current

/. [)»/uJa:I,“e and

subject

the

encroach

structure?

‘I-—Lz:((),i_ \lna.rL//C‘ .

system?

operated

the

uses

fixtures

bedrooms

structures

L/.3e/Lt

and

privately

disposal

septic

APPLICATION 1990, F’.13 C.

development?

structure

Space

acquired

living

plumbing

number

proposed

FRONTENAC Act, R.S.O.

RAISING

existing

d.‘/l.‘ I la aL

privately means: a

that

was

buildings

land

491966

existing

Indicate

systern, or other

the

WHO}

length

date

‘

subject

the

details:

the

SOUTH Planning

ad existing

the the

increase

Increase

(b)

(d)

Increase

uses

provide

(a)

the

include

operated

water body,

Indicate

.The

20.The

date

plans please

are

your

yes,

What

ql I Q-J_(;3(

‘I 9_The

TOVVNSHIP

Page 66 of 78

“‘*Note:

The and

The

ii)

iii)

distances to

property importance

The

and

be and

septic

The approximate the land that watercourses,

location

township

location

boundaries proposed

whether Planning

?lo

abutting

reference lot line

should

to on—site varied, IS

tanks.

drainage

(neighbours’)

prepared

and abutting REQUIRED

file

subject

the

between bridge or

the

TOP

crossing.

subject

location

THE

subject

the

and owners’ fields wells, septic shown, be to SKETCH The is as and accurately carefully, neatly

signif icant as

barns.

w oo de d

land

P A G E.

and

Pla nni ng

VARIANCE

application

the

railway

including

THE

been

the

under

MINOR

the subject artificial features on include Examples buildings. or stream wetlands, banks, barns. these the of from features applicant’s

and land.

lands.

ever

FOR amended

application

number

land

number

ARROVV

following:

the

NORTH

the

P.13

land has Variance).

give

subject

APPLICATION

1990,

point distance . . . . ..i.e. landmark such as a

the

give

subject (Minor

please

all natural subject the river ditches, distance Show to

dimensions

location adjacent

all

buildings.

and

MUST

showing

please

R.S.O.

land is Consent.

the Act

Act,

FRONTENAC

yes,

HAVE

yes,

L/1.

submitted

“C‘z:/

item

SKETCH

must

The

wells lines.

SOUTH Planning

~;:.:ss.1o

indicate the of

question

iv)

nearest

THE

SKETCH

‘

answer

application.

F427/:3

If the

the

t_:l/Yes

if known. please under Section

Yes

whether the subject Plan of Subdivision

answer to application.

indicate of a

if the of the

Please approval

TOVVNSHIP

Page 67 of 78

Page 68 of 78

E LL

LL!

‘er. 0 /

10/ % 2/

‘-

arm. 6/

5 E 3123”

._ L.– 719/ CS

E!J

! [99.0{.

Page 69 of 78 PLAN.’\§h’-‘JG

DEPARTMENT

TO/VNSHIPOF SOUTH FRONTENAC

APR"IZ 2023

RECENED

F-’.x:;.+/via

«:=}_

_L‘i’<?f.§;eVL/D

{clack 3E$(‘$f(f1f1€‘

36 '

3 F653

Page 70 of 78

us: u

“”

9‘

—I’

Page 71 of 78

Inset Inset Map Map

-D IXO N

ROAD

KP BU C

INT

RO AD

PE RT H

ROA D

RELAN MO D

Collins Lake

HOLME S

PL-ZNA-2023-0043 (DUMBLETON)

PRINCESS ROAD

3495 BUCK POINT RD

3475 BUCK POINT LANE CK

PO I

Legend NT

Subject Property

LA NE

Provincially Significant Wetland Wetland Wooded Area

3481 BUCK POINT RD

Lake Trout Lake - At Capacity Lake Trout Lake - Not at Capacity Non-Lake Trout Lake - At Capacity

3475 BUCK POINT LANE

Township Boundary Road Railway

3469 BUCK POINT RD

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

Page 72 of 78

Collins Lake

Scale: 1:400

20 m

3459 BUCK POINT RD

UTM Zone 18 NAD 83

Date: 2023-04-28

October 14, 2021

File: MV/FRS/251/2021

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

Application for Minor Variance MV-31-21-S (Dumbleton) Lot 21, Concession 1; 3475 Buck Point Lane Storrington District, Township of South Frontenac Waterbody: Collins Lake

Cataraqui Conservation staff have reviewed the above-noted application for minor variance and offer the following comments for the Committee of Adjustment’s consideration. Summary of Proposal The proposal involves the construction of a 1.22 metre wide deck onto an existing dwelling on the subject property. More specifically, the variance is being 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 13.41 metres in order to permit the construction of a deck. Site Description The subject property is located on the south side of Buck Point Lane on a peninsula of land located along the north shore of Collins Lake. The topography of the property can be characterized being relatively low-lying, fairly level, but rising slowly from the shoreline toward the existing dwelling. The property is currently designated ‘Rural’ in the Official Plan and ‘Environmental Protection Zone’ (EP) in the implementing Zoning By-law for South Frontenac Township. The EP zoning appears to coincide with the Collins Creek provincially significant wetland (PSW) and its adjacent lands. However, Cataraqui Conservation mapping suggests that the PSW is not located along this stretch of shoreline. However, the property is located within the 120 metre adjacent lands to the wetland. Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

Page 73 of 78

Page 2 of 3

Discussion The main interests of Cataraqui Conservation with respect to this application are the avoidance of natural hazards associated with the shoreline of Collins Lake (e.g. flooding and erosion), protection of the adjacent provincially significant wetland natural heritage feature, and the protection of the lake’s water quality. Natural Hazards Flooding: For Collins Lake, the regulatory flood plain has been established as elevation 101.2 metres geodetic. Section 3.3.6 2) of Cataraqui Conservation’s Guidelines for Implementing Ontario Regulation 148/06 suggests that where development is proposed and the elevation of the flood plain is known, buildings and structures must be located a minimum horizontal distance of 6 metres beyond the furthest landward extent of the regulatory flood plain. Based upon the topographic survey provided in support of the application (IBW Surveyors, Sept. 15, 2021), staff have concluded that the proposed development will be located outside of the required 6 metre flood plain setback. Erosion: The Cataraqui Conservation’s Environmental Planning Policy (EPP, 2021) defines the erosion hazard limit as the sum of an allowance for toe erosion, a stable slope allowance of 3(h):1(v) for till shorelines and a minimum erosion access allowance of 6 metres. Based upon a review of relevant mapping data, staff have concluded that the development will be located outside of the erosion hazard limit. Natural Heritage As noted above, the property is located within the 120 metre adjacent lands to the Collins Creek provincially significant wetland. Section 2.1.8 of the Provincial Policy Statement (PPS, 2020) suggests that development and site alteration should not be considered on adjacent lands to significant wetlands unless the ecological functions of the adjacent lands have been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. Additionally, Section 5.2.11 of the Official Plan suggests that when considering development within or adjacent to a provincially significant wetland, an Environmental Impact Assessment (EIA) will be required in consultation with the Conservation Authority. In the opinion of staff, the proposed development is far enough away from the wetland (over 100 metres) and is so minor in nature, that an EIA is not warranted in this instance. Water Quality The Township of South Frontenac Official Plan recognizes the need to minimize lake impacts by reducing phosphorous inputs, preventing erosion and maintaining natural appearances. Accordingly, policies have been included that can vary the setback from the highwater mark from 30 to 90 m depending on the site characteristics such as steepness of slope, vegetation cover soil depth and soil Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

Page 74 of 78

Page 3 of 3

phosphorus retention. Section 5.2.7 (b)(ii)(3) of the Official Plan indicates that a reduction from the setback may only be considered if it is not physically possible or environmentally desirable to meet the 30 metre setback requirement, and that there will be no negative impacts to fish habitat or water quality. Similar to the Official Plan, Cataraqui Conservation’s EPP considers new development within the 30 metre water setback area only if there are no reasonable alternatives for locating the development outside of the water setback area. In this instance, there are no other more reasonable alternatives for locating the development outside of the water setback area as the proposed development is required for second storey ingress and egress. Staff also note that lot coverage will be increased from 5.9% to 7.79%, an increase of 1.89%. In the opinion of staff, this is within acceptable limits. Recommendation Staff have no objection to the approval of application MV-31-21-S based on our consideration for natural hazards, natural heritage and water quality protection policies. Ontario Regulation 148/06 The CRCA, under Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, regulates development within 120 metres of a provincially significant wetland. Therefore, a permit will be required for the proposed development. The applicant will be required to contact the undersigned at the building permit stage for more information regarding permitting requirements under Ontario Regulation 148/06. Please notify this office of any decision made by the Committee of Adjustment with regard to this application. If you have any questions about these comments, please contact Andrew Schmidt at (613) 546-4228 extension 244 or by email to aschmidt@crca.ca. Yours truly,

Andrew Schmidt

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

Anna Geladi, Planner, South Frontenac Township (via e-mail)

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

Page 75 of 78

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: May 11, 2023 Permission Application (S. 45(2) of the Planning Act) Subject: PL-ZNA-2023-0043, Judy and Michael Dumbleton, 3475 Buck Point Lane, Storrington District

Summary This report recommends that the Committee of Adjustment grant approval of this application for permission to enlarge a legal non-conforming building per section 45(2) of the Planning Act, subject to conditions.

Background Official Plan Designation: Rural Zoning: Rural (RU) and Environmental Protection (EP) Relief Requested The applicant seeks permission under section 45(2) of the Planning Act to permit a six (6) foot wide deck fronting onto Collins Lake and 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 12.81 metres in order to permit the construction of a deck. Related Applications The lands are not subject to any additional applications under the Planning Act.

Discussion/Analysis Property Description The 0.35-acre property is located on Buck Point Lane and has approximately 30 metres of frontage on Collins Lake. The primary dwelling is approximately 900 square feet in area. The dwelling is serviced by a well and holding tank. An Encroachment Agreement (PL-EA2022-0135) was completed in October 2022 to recognize the existing encroachment of an www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 76 of 78

Township of South Frontenac Staff Report - PL-ZNA-2023-0043, Judy and Michael Dumbleton, 3475 Buck Point Lane, Storrington District

accessory building, being a detached garage and the existing driveway over Township owned lands. Summary of Proposal The proposal is to permit an expansion to the previously permitted decking. A 1987 Committee of Adjustment decision was made by the Township of Storrington to permit two levels of decking with a width of four (4) feet along the waterfront side of the dwelling. This proposal requests an increase to six (6) feet for the two levels of decking along the waterfront side of the dwelling as well as additional decking along the western side of the dwelling to connect with the front of the building. The estimated square footage of the decking is approximately 190 square feet for the 2nd floor decking, 190 square feet for the main floor decking, and 240 square feet for the decking along the western side of the dwelling. This results in a total decking square footage of approximately 620 square feet. Agency Comments Public Services did not provide comments on the application as it does not impact the existing entrance of the property. Building Services indicated that a performance review of the existing sewage system will not be required as part of the building permit application process for the proposed decking. Cataraqui Conservation identified that the subject property is within 120 metres of a provincially significant wetland. However, Conservation Authority staff has opined that the development is far enough away from the wetland (over 100 metres) and is minor in nature, that an Environmental Impact Assessment would not be required. Public Comments Two comments have been received by neighbours in support of this application. Planning Analysis The subject property is zoned Rural (RU) and Environmental Protection (EP) in Zoning Bylaw No. 2003-75. The property contains a dwelling that is a legal non-conforming use as it was constructed prior to the current Zoning By-law. The Zoning By-law does not prevent the continued use of the dwelling. However, it does not permit the building to be enlarged in height, size or volume. Through its powers under section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the building. The proposed decking would provide functional access to the dwelling with consideration for the topography around the building. The proposed decking also allows for an additional fire exit from the dwelling. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 77 of 78

Township of South Frontenac Staff Report - PL-ZNA-2023-0043, Judy and Michael Dumbleton, 3475 Buck Point Lane, Storrington District

It is the opinion of staff that it is appropriate for the Committee of Adjustment to grant permission to expand the legal non-conforming decking on the property, as described in this report.

Recommendation That the Committee of Adjustment receive comments from the public and, pending comments received, approve for application PL-ZNA-2023-0043 for 3475 Buck Point Lane Road, subject to the following conditions.

Permission is granted to permit approximately 620 square feet of decking, consistent with drawings submitted at the time of application.
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.

Report Prepared By: Brad Wright, Director of Development Services

www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 78 of 78

Help support independent journalism

If NFNM’s reporting matters to you, Buy Me a Coffee is a simple way to help keep local watchdog coverage going.