Committee Of Adjustment - 12 Apr 2018 - Agenda

Published April 12, 2018

Word Count 20332 words

Reading Time 96 min read

Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: April 12, 2018 Collection: Council Agendas Municipality: South Frontenac

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

7:00 PM, Thursday, April 12, 2018 Council Chambers.

Call to Order

Resolution

Adoption of Agenda

Declaration of pecuniary interest

Approval of Minutes – [March 8, 2018]

Resolution

New Consent Applications:

S-03-18-S - Michelle Purdon and Ben Pilon - Concession 7, Lot 16, Sunbury Road, District of Storrington - Consent to create a new lot

17 - 31

S-14-18-S - 54888 Ontario Limited - Concession 8, Lot 15/16, Hewett Lane, District of Storrington - Consent to create a lot addition

32 - 37

3 - 16

S-15-18-S - 54888 Ontario Limited - Concession 8, Lot 15/16, Hiawatha Lane, District of Storrington - Consent to create a lot addition S-16-18-S - 54888 Ontario Limited - Concession 8, Lot 15/16, Hiawatha Lane, District of Storrington - Consent to create a lot addition S-17-18-S - 54888 Ontario Limited - Concession 8, Lot 15/16, Hewett Lane, District of Storrington - Consent to create a new lot c)

S-18-18-B - Paul Hickey - Concession 1, Lot 18/19/20, Buck Bay Road, District of Bedford - Consent to create a new lot

38 - 40

S-19-18-B - Paul Hickey - Concession 1, Lot 18/19/20, Buck Bay Road, District of Bedford - Consent to create a new lot d)

S-20-18-P - Christopher Kerr - Concession 6, Lot 19, German Road, District of Portland - Consent to create a lot addition

41 - 43

S-21-18-L - Robert Koen/Estate of John Francis Koen - Concession 7, Lot 25/26, North Shore Road, District of Loughborough - Consent to create a new lot

44 - 50

S-22-18-P - Carl and Joan Sortberg - Concession 8, Lot 1, New Morin Road, District of Portland - Consent to create a new lot

51 - 53

S-23-18-P - Carl and Joan Sortberg - Concession 8, Lot 1, New Morin Road, District of Portland - Consent to create a new lot

Page 1 of 66

S-24-18-B - Don and Linda Hanna - Concession 11, Lot 23, Hanna Road, District of Bedford - Consent to create a new lot

54 - 59

S-25-18-B - Don and Linda Hanna - Concession 11, Lot 23, Hanna Road, District of Bedford - Consent to create a new lot S-26-18-B - Don and Linda Hanna - Concession 11, Lot 23, Dairy Lane/Hanna Road, District of Bedford - Consent to create a new lot 6.

New Minor Variance Applications:

MV-05-18-L - Kathryn McDonald - Concession 14, Lot 24, 1118 Pillar Lane, District of Loughborough - Variance to permit an increase in lot coverage over 5%, variance to permit an increase in height of an existing structure within the 30 metre setback from water, variance to permit an addition to an existing dwelling within the 30 metre setback from water

60 - 62

MV-06-18-B - Tim Snelgrove - Concession 11, Lot 1/2, 302 Frye Lane, District of Bedford - Variance to permit construction of a detached accessory building within the 30 metre setback from water

63 - 65

MV-07-18-L - David and Patricia Lahey - Concession 11, Lot 8, 1198 Blakslee Lane, District of Loughborough - Variance to permit construction of an addition to an existing dwelling, within the 30 metre setback from water

Other Business

Adjournment

Resolution

Page 2 of 66

TOWNSHIP OF SOUTH FRONTENAC PLANNING DEPARTMENT MINUTES 18:02 March 8, 2018 LOCATION:

South Frontenac Municipal Offices, Sydenham

IN ATTENDANCE:

Ron Sleeth (Storrington District-C) Ken Gee (Storrington District) Alan Revill (Bedford District-C) John Sherbino (Loughborough District) Brad Barbeau (Portland District-C) Larry Redden (Portland District) Ross Sutherland (Loughborough District-C)

ABSENT WITH REGRETS:

David Hahn (Bedford District)

STAFF:

Lindsay Mills – Secretary-Treasurer/Planner Jennie Kapusta – Deputy Secretary Treasurer

Table of Contents Item #1: Call to Order ………………………………………………………………………………………… 1 Item #2: Adoption of the Agenda …………………………………………………………………………. 1 Item #3: Declaration of Pecuniary Interest ……………………………………………………………. 1 Item #4: Approval of Minutes………………………………………………………………………………. 1 Item #5: S-58-17-S (George Desrochers) …………………………………………………………….. 2 Item #6: S-61-17-S (Brenda Gilbert) ……………………………………………………………………. 2 Item #7: S-08-18-P, S-09-18-P, S-10-18-P (Mike Giffin) …………………………………………. 3 Item #8: S-11-18-S (George Gibson, Ken Gibson) …………………………………………………. 8 Item #9: S-13-18-L (Randy Ruttan) ……………………………………………………………………… 9 Item #10: S-62-18-L (Kellie Morgan) ………………………………………………………………….. 10 Item #11: MV-03-18-L (Jean-Claude and Jackie Lalumiere) ………………………………….. 12 Item #12: Other Business …………………………………………………………………………………. 13 Item #13: Adjournment …………………………………………………………………………………….. 14 Item #1: Call to Order RESOLUTION:

C of A: 18:02:01

Moved by: J. Sherbino

Seconded by: R. Sutherland

THAT the March 8, 2018 meeting of the South Frontenac Township Committee of Adjustment is hereby called to order at 7:00 p.m. with Alan Revill in the chair. Carried Item #2: Adoption of the Agenda Approved as circulated Item #3: Declaration of Pecuniary Interest None declared Item #4: Approval of Minutes RESOLUTION:

C of A: 18:02:02

Moved By: R. Sutherland

Seconded By: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby approves the minutes of the February 8, 2018 meeting of the Committee, as circulated. Carried Page 3 of 66

2 Item #5: S-58-17-S (George Desrochers) Speaking to the Application: George Desrochers Discussion: The subject lands consist of 87 +/- acres with frontage on Battersea Road. The land is currently vacant. The application is for the creation of an approximately 21 +/- acre lot addition to the 35 +/acre parcel that also includes the residence at 5002 Ramparts Road. This lot addition will serve to increase the separation and privacy between the dwelling at 5002 Ramparts Road and the surrounding property. The planning department is able to support the application for the proposed right-of-way extension. The building department has no objections. Comments were not required from Cataraqui Region Conservation Authority, KFL&A Public Health or Public Works. RESOLUTION:

C of A: 18:02:03

Moved by: R. Sleeth

Seconded by: R. Sutherland

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-58-17-S by George Desrochers, to create a lot addition, in Concession 10, Part Lot 14, Battersea Road/Ramparts Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-58-17-S George Desrochers Concession 10, Pt. Lot 14, Battersea Road/Ramparts Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: March 8, 2018 Date of Decision: March 8, 2018 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands 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 “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-58-17-S shall be for the creation of a 21 +/acre lot addition only to 5002 Ramparts Road (ARN 102906006015200).
Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)]. Item #6: S-61-17-S (Brenda Gilbert) Speaking to the Application: Brenda Gilbert Discussion: The subject lands consist of 6 +/- acres with frontage on Cranberry Lake, with access provided by a right-of-way from Burnt Hills Road over 651A Burnt Hills Road. The land is currently developed with a seasonal dwelling and a detached accessory building. The application is for the creation of an approximately 1.5 +/- acre lot addition to be added to 1121C Beach Lane. The lot addition parcel is a heavily treed parcel which when added to 1121C Beach Lane will serve to increase the privacy and Page 4 of 66

3 separation between 1121C Beach Lane and 651B Burnt Hills Road. The retained parcel will be approximately 4.4 +/- acres in size and will encompass the existing seasonal dwelling. There is an area zoned as Pit ‘B’ Zone (PB) and designated as Mineral Aggregate in the Township’s Official Plan on the abutting parcel of land. The Township’s Comprehensive Zoning By-Law 2003-75 states that residential land uses within 300 metres of an existing or proposed pit below the water table. The proposed lot addition is not creating a situation which would permit an increase in residential development and is also located at the very edge of the required 300 metre setback for new development from mineral aggregates. The planning department is able to support the application for the proposed right-of-way extension. The building department has no objections. Comments were not required from Cataraqui Region Conservation Authority, KFL&A Public Health or Public Works. RESOLUTION:

C of A: 18:02:04

Moved by: R. Sleeth

Seconded by: R. Sutherland

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-61-17-S by Brenda Gilbert, to create a lot addition, in Concession 10, Part Lot 31/32, Beach Lane/Burnt Hills Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-61-17-S Brenda Gilbert Concession 10, Pt. Lot 31/32, Burnt Hills Road/Beach Lane, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: March 8, 2018 Date of Decision: March 8, 2018 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands 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 “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-61-17-S shall be for the creation of a 1.5 +/acre lot addition only to 1121C Beach Lane (ARN 102907006019850).
Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)].
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 Region Conservation Authority and Parks Canada – Rideau Canal Office prior to any development on the property, to determine the need for a permit. Item #7: S-08-18-P, S-09-18-P, S-10-18-P (Mike Giffin) Speaking to the Application: Mike Giffin Discussion: Page 5 of 66

4 The subject lands consist of 18.8 +/- acres with frontage on Jamieson Road. The land is currently vacant. The application is for the creation of three 4.5 +/- acre residential lots, each with a minimum of 76 metres of frontage on Jamieson Road. There is a well drilled on the parcel to be severed through application S-10-18-P and the applicant has provided a well record demonstrating that it meets the Township minimum requirements for water on a new lot. The retained parcel will be approximately 4.5 +/- acres in size and have a minimum of 76 metres of frontage on Jamieson Road. The planning department is able to support the application for the proposed new lots. The building department has no objections. Comments were not required from Cataraqui Region Conservation Authority. KFL&A Public Health has evaluated all three lots and the retained parcel for septic suitability. They have no objections. Public Works has no objections. The Township received multiple emails from neighbours expressing concerns regarding the water supply in the area of the proposed lots and how the new wells on the proposed lots would potentially affect the residential existing wells. L. Redden suggested conducting draw down tests on the neighbouring wells could give peace of mind to those who had expressed concerns. B. Barbeau agreed with L. Redden regarding adding in a condition for requiring draw down tests. J. Sherbino asked if the draw down tests were to be conducted independently or when pumping the three new wells simultaneously. Laura Fetherston spoke at the meeting and expressed appreciation for the committee members concerns and intention to include a draw down test as a condition of severance. She questioned who would be conducting the draw down test and who would be monitoring the activities to ensure compliance. Nicole Young spoke at the meeting and said she has two wells on her property and one is dry. That as a result from hydrofracking for the second well she has needed to clean out the well many times over the past 10 years. She wanted to make sure the committee members took the water complaints seriously as it will affect all the neighbours. J. Sherbino and A. Revill asked questions regarding the draw down tests effectiveness and how the tests would be conducted. George Desrochers spoke saying he had put in many wells on many lots and that there are three main drilling companies in the area and all are reputable. He said it can be hard to tell on a lot where the water is going to be located and where it will start and stop, even on the same lot. That these are professional companies and their opinions should be respected. R. Sutherland confirmed that the severances would not proceed should the results of the draw down test be negative impacts. RESOLUTION: Moved by: B. Barbeau

C of A: 18:02:05 Seconded by: L. Redden

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application S-08-18-P by Mike Giffin, to create a new lot, in Concession 6, Part Lot 4, Jamieson Road, District of Portland, subject to conditions, including the addition of a condition requiring a draw down test within 500 feet and simultaneous pumping of all three new wells. Carried Application No: Owner: Location of Property:

S-08-18-P Mike Giffin Concession 6, Pt. Part Lot 4, Jamieson Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: March 8, 2018 Date of Decision: March 8, 2018 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands 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 “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)]. Page 6 of 66

5 2. The land to be severed by Consent Application S-08-18-P shall be for the creation of a 4.5 +/acre residential lot with a minimum of 75 metres of frontage on Jamieson Road. 3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.) 4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 5. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through consent applications S-08-18-P in lieu of parkland [Planning Act, s. 51(1)]. 6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 7. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-08-18-P. 8. The applicant shall conduct a draw down test on all residential wells within a 500 foot radius of the new well to be installed on the lot to be created through consent application S-08-18-P. Additionally, the applicant shall conduct this draw down test while simultaneously pumping the three new wells to be created through consent applications S-08-18-P, S-09-18-P, S-10-18-P. RESOLUTION: Moved by: L. Redden

C of A: 18:02:06 Seconded by: B. Barbeau

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application S-09-18-P by Mike Giffin, to create a new lot, in Concession 6, Part Lot 4, Jamieson Road, District of Portland, subject to conditions, including the addition of a condition requiring a draw down test within 500 feet and simultaneous pumping of all three new wells. Carried Application No: Owner: Location of Property:

S-09-18-P Mike Giffin Concession 6, Pt. Part Lot 4, Jamieson Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a new lot Page 7 of 66

6 Date of Hearing: Date of Decision:

March 8, 2018 March 8, 2018

DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands 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 “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-09-18-P shall be for the creation of a 4.5 +/acre residential lot with a minimum of 75 metres of frontage on Jamieson Road.
Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through consent applications S-09-18-P in lieu of parkland [Planning Act, s. 51(1)].
The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds.
The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-09-18-P.
The applicant shall conduct a draw down test on all residential wells within a 500 foot radius of the new well to be installed on the lot to be created through consent application S-09-18-P. Additionally, the applicant shall conduct this draw down test while simultaneously pumping the three new wells to be created through consent applications S-08-18-P, S-09-18-P, S-10-18-P. RESOLUTION: Moved by: L. Redden

C of A: 18:02:07 Seconded by: B. Barbeau Page 8 of 66

7 THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application S-10-18-P by Mike Giffin, to create a new lot, in Concession 6, Part Lot 4, Jamieson Road, District of Portland, subject to conditions, including the addition of a condition requiring a draw down test within 500 feet and simultaneous pumping of all three new wells. Carried Application No: Owner: Location of Property:

S-10-18-P Mike Giffin Concession 6, Pt. Part Lot 4, Jamieson Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: March 8, 2018 Date of Decision: March 8, 2018 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands 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 “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-10-18-P shall be for the creation of a 4.5 +/acre residential lot with a minimum of 75 metres of frontage on Jamieson Road.
Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through consent applications S-10-18-P in lieu of parkland [Planning Act, s. 51(1)].
The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds.

Page 9 of 66

8 7. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-10-18-P. 8. The applicant shall conduct a draw down test on all residential wells within a 500 foot radius of the new well to be installed on the lot to be created through consent application S-10-18-P. Additionally, the applicant shall conduct this draw down test while simultaneously pumping the three new wells to be created through consent applications S-08-18-P, S-09-18-P, S-10-18-P. Item #8: S-11-18-S (George Gibson, Ken Gibson) Speaking to the Application: None Speaking Discussion: The subject lands consist of 44 +/- acres with frontage on Perth Road and Greenfield Road. The land is currently vacant. The application is for the creation of a 2.5 +/- acre lot addition to 4102A Perth Road. The retained parcel will be approximately 41.5 +/- acres in size. The lot addition parcel will be required to be rezoned from Urban Residential – First Density to Urban Commercial to conform to the zoning of the parcel to which it will be added. The applicant has indicated they would like to construct an additional building for storage related to the current automobile repair business. The planning department is able to support the application for the proposed lot addition. The building department has no objections. Comments were not required from Cataraqui Region Conservation Authority, KFL&A Public Health or Public Works. Planner Mills said that as part of the rezoning process the applicant will be required to enter into a site plan control agreement which will specify the location of structures on the property as well as any buffering between the commercial property and the residential uses. R. Sleeth and K. Gee both agreed that site plan control for the proposed commercial uses on the lot addition parcel were a good idea and would serve to protect the neighbours. Graham Lamb spoke at the meeting and asked about the current zoning of the lot addition parcel. Planner Mills confirmed the zoning was Urban Residential – First Density (UR1) as opposed to the agricultural Mr. Lamb thought it was. RESOLUTION: Moved by: R. Sleeth

C of A: 18:02:08 Seconded by: R. Sutherland

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-11-18-S by Ken Gibson and George Gibson, to create a lot addition, in Concession 3, Part Lot 10, Perth Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-11-18-S George Gibson Concession 3, Pt. Part Lot 10, Perth Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: March 8, 2018 Date of Decision: March 8, 2018 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands 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 “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-11-18-S shall be for the creation of a 2.5 +/acre lot addition to be added to 4102A Perth Road (ARN 102906002013300).

Page 10 of 66

9 3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.) 4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 5. The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)]. 6. The applicant shall rezone the lot addition parcel to be created from Consent Application S-1118-S from Urban Residential – First Density (UR1) to Urban Commercial (UC) Zone in order to conform to the zoning of the parcel to which it will be added. Please contact Lindsay Mills, the Township Planner, to begin this process. Item #9: S-13-18-L (Randy Ruttan) Speaking to the Application: None Speaking Discussion: The subject lands consist of 44 +/- acres with frontage on Perth Road and Greenfield Road. The land is currently vacant. The application is for the creation of a parking and docking easement along with a right-of-way along Hidden Valley Lane to access this parking and docking area. This parking and docking easement is to facilitate deeded access to a water access only lot located on Buck Lake. This deeded access is required prior to the issuance of a building permit for the seasonal dwelling for which the applicant obtained a minor variance to construct in 2017 (application number MV-47-17-L). While currently both properties are owned by the applicant, this application will guarantee that should one of the properties be sold there will be no loss of access to the water access property on Buck Lake. The planning department is able to support the application for the proposed parking and docking easement and right-of-way. The building department has no objections. Comments were not required from Cataraqui Region Conservation Authority, KFL&A Public Health or Public Works. R. Sutherland initially had concerns regarding the proposed location of the parking spaces, however after he visited the site and talked to the applicant these concerns were alleviated. The applicant agreed to relocate the proposed parking spaces to the west side of the lane as there is sufficient space within the right-of-way to the water to locate them without blocking the water access. This rightof-way already exists as a deeded access for another non-waterfront property along Hidden Valley Lane. Both properties will share this water access. The Township received several emails regarding concerns over the proposed location of the parking spaces and whether or not any additional wetland areas would be filled in to facilitate this easement. Other concerns included the potential increase in vehicular traffic along Hidden Valley Lane which currently is only one-lane wide, the possibility of access being blocked while vehicles maneuvered in and out of the right-of-way area, whether or not this was going to become a public access boat launch with parking area versus a private access. RESOLUTION:

C of A: 18:02:10

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-13-18-L by Randy Ruttan, to create a parking and docking easement, in Concession 11, Part Lot 22, Hidden Valley Lane, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:

S-01-18-L Joe Rodrigues Concession 8, Pt. Lot 17, Wilmer Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: February 8, 2018 Date of Decision: February 8, 2018 Page 11 of 66

10 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands 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 “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-01-18-L shall be for the creation of a minimum 2.0 acre lot, with a minimum of 76 metres of frontage on Wilmer Road.
Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through consent application S-01-18-L in lieu of parkland [Planning Act, s. 51(1)].
The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds.
The applicant must 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-01-18-L. Item #10: S-62-18-L (Kellie Morgan) Speaking to the Application: Rob Morgan Discussion: The subject lands consist of 2.45 +/- acres with frontage on Bedford Road and Sydenham Lake. The land is currently developed with a single detached dwelling and a detached accessory building. The application is for the creation of two 1.1 +/- acre residential lots, each with 57.5 metres of frontage on Bedford Road. The existing structures will be demolished to facilitate the division of the property into two lots and accommodate the road widening required. As a condition of severance both new lots will be required to connect to the municipal water system rather than having wells. The minimum lot size normally required for the creation of waterfront lots is 2.5 acres for both severed and retained parcels and 76 metres of frontage on a public road or private lane. As this property is located within the Page 12 of 66

11 defined hamlet area of the Village of Sydenham and the new lots will be serviced with municipal water there is the opportunity to create smaller lots. The applicant will have to rezone both the severed and retained parcels from Residential Waterfront to a Special Urban Residential – First Density Zone to account for the reduced size and frontage of the proposed lots. The planning department is able to support the application for the proposed new lot. The building department has no objections. Cataraqui Region Conservation Authority has no objections as there is sufficient space outside the required setbacks for construction on both lots. KFL&A Public Health has evaluated both severed and retained parcels and determined there is sufficient space on each for a septic system. The severed parcel currently has a well drilled on it, which may need to be decommissioned depending on the proposed septic location. Public Works has no objections and requested a road widening which will even out the surveyed edge of the Bedford Road right-of-way in this location. R. Sutherland agreed we should encourage new lot creation within the hamlet boundaries. He suggested that the committee require the existing well on the property be closed properly before the new lot was created. Lorraine Lobb spoke at the meeting and submitted an email to the Planning Department regarding her concerns. These concerns included whether or not the appropriate agencies had commented on the application, what the minimum lot size requirements were, what the scope and size of the proposed development on the lots. She was happy with the prompt and complete reply she received from Jennie Kapusta in the Township Planning Department regarding these concerns. Richard Lobb spoke at the meeting and expressed concerns over a prior owner who had backfilled the east side of the lot and wanted to know if the applicant planned on adding any more fill to the lot as it was a decent grade difference between the road and the lake. He wanted to know where the proposed new dwellings were to be located. RESOLUTION:

C of A: 18:01:10

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby amends the motion to approve S-62-17-L, to include a requirement that the existing well on the property be abandoned and sealed as per Ministry of the Environment regulations. Carried RESOLUTION:

C of A: 18:01:11

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-62-17-L by Kellie Morgan to create a new lot, in Concession 5, Block R/Part Block B, Bedford Road, District of Loughborough, subject to conditions, including the existing well be abandoned per MOE regulations. Carried Application No: Owner: Location of Property:

S-62-17-L Kellie Morgan Concession 5, Pt. Block B/Block R, 4562 Bedford Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a new residential lot Date of Hearing: March 8, 2018 Date of Decision: March 8, 2018 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands 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 “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)]. Page 13 of 66

12 2. The land to be severed by Consent Application S-62-17-L shall be for the creation of a 1.1 +/acre residential lot with 57.5 metres of frontage on Bedford Road. 3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.) 4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 5. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through consent application S-62-17-L in lieu of parkland [Planning Act, s. 51(1)]. 6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 50 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 50 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 7. 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 Region Conservation Authority prior to any development on the property, to determine the need for a permit. 8. Prior to the stamping of the deed the applicant shall rezone the lot addition parcel to be created from Consent Application S-62-17-L from Residential Waterfront (RW) to a Special Urban Residential – First Density (UR1) zone to account for the reduced size and frontage of the proposed lots. Please contact Lindsay Mills, the Township Planner, to begin this process. 9. The applicant shall provide connections to the Sydenham municipal water system for both the severed and retained parcels created through consent application S-62-18-L. 10. The applicant shall abandon and seal the existing water well on the parcel to be severed through consent application S-62-18-L as per Ministry of the Environment regulations. Item #11: MV-03-18-L (Jean-Claude and Jackie Lalumiere) Speaking to the Application: Jean-Claude Lalumiere Discussion: The subject land consists of 0.98 +/- acres with frontage on North Shore Road and Loughborough Lake. The property is currently developed with a single detached dwelling and a detached accessory building. The proposal is for the construction of a 10 foot by 82 foot lap pool to be located a minimum of 26 metres from the high water mark of Loughborough Lake and a minimum of 6 metres from the top of bank; the construction of a 445 square foot pool cabana to be located a minimum of 6.5 metres from the top of bank; the construction of a 230 square foot shade structure to be located a minimum Page 14 of 66

13 of 12.5 metres from top of bank; the construction of a 260 square foot addition to the existing garage which will reduce the interior side yard from 3 metres to 1.2 metres. There was a previous minor variance granted on this property (MV-21-16-L) for a reduction in setback from top of bank, during this evaluation a slope stability study was submitted per the conservation authorities request; this study has been resubmitted as part of this application in support of the reduction from top of bank. The Planning Department is able to support the application. Comments were not required from Public Works or KFL&A Public Health. Cataraqui Region Conservation Authority has evaluated the proposal and have no objections to the application provided the minimum setback to top of bank is 6 metres for all proposed structures. The building department has no objections. RESOLUTION:

C of A: 18:02:12

Moved by: J. Sherbino

Seconded by: R. Sutherland

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-03-18-L by Jean-Claude and Jackie Lalumiere to permit a reduction in the setback from top of bank, a reduction in the 30 metre setback from water and a reduction in interior side yard, in Concession 6, Part Lot 21, 4708 North Shore Road, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:

MV-03-18-L Jean-Claude Lalumiere, Jackie Lalumiere Concession 6, Lot/Part Lot 21, 4708 North Road, District of Loughborough, Township of South Frontenac Purpose of Application: To vary sections 5.8.2a and 8.3.3 of the Comprehensive Zoning By-law 2003-75 to permit a reduction in the 30 metre setback from water and section 5.8.2b to permit a reduction in the 15 metre setback from top of bank and section 8.3.2 to permit a reduction in interior side yard Date of Hearing: March 8, 2018 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

This minor variance is for the construction of a 10 foot by 82 foot lap pool to be located a minimum of 26 metres from the high water mark of Loughborough Lake and a minimum of 6 metres from the top of bank; the construction of a 445 square foot pool cabana to be located a minimum of 6.5 metres from the top of bank; the construction of a 230 square foot shade structure to be located a minimum of 12.5 metres from top of bank; the construction of a 260 square foot addition to the existing garage which will reduce the interior side yard from 3 metres to 1.2 metres.
The applicant shall ensure that the pool be drained away from the lake and the slope in order to reduce any potential impact on the slope stability.
Minor variance MV-03-18-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac. Item #12: Other Business Planner L. Mills spoke regarding Gary Beach wanting the Township to change the conditions on consent application S-63-17-L be George Hamilton to create an extension to an existing right-of-way which was approved at the February 8, 2018 Committee of Adjustment meeting. L. Mills consulted with the Township’s lawyer regarding this request, and the legal advice received was that it was inappropriate for the Township and the Committee of Adjustment to alter conditions of severance based on the request of a single member of the public. That should this person wish to pursue this action further it should be addressed through an appeal to the Ontario Municipal Board.

Page 15 of 66

14 Item #13: Adjournment RESOLUTION: Moved by: B. Barbeau

C of A: 18:02:13 Seconded by: L. Redden

THAT the March 8, 2018 meeting of the South Frontenac Township Committee of Adjustment is hereby adjourned at 7:50 p.m. to reconvene at 7:00 p.m. on Thursday, April 12, 2018 or at the call of the Chair. Carried

Alan Revill Chair

Lindsay Mills Secretary-Treasurer

Page 16 of 66

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: April 5, 2018 Application No: Owner: Location of Property:

S-03-18-S Michelle Purdon and Ben Pilon Concession 7, Pt. Part Lot 16, Sunbury Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: April 12, 2018

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a new lot be considered for passage.

BACKGROUND The subject lands consist of 8 +/- acres with frontage on Sunbury Road and Dog Lake. The land is currently developed with a single detached dwelling and a detached accessory building. The application is for the creation of a 4.2 +/- acre residential waterfront lot with approximately 118 metres of frontage on Sunbury Road and approximately 93 metres of frontage on Dog Lake. The retained parcel will be approximately 3.75 +/- acres in size with approximately 140 metres of frontage on Sunbury Road and approximately 118 metres of frontage on Dog Lake. The retained parcel will encompass the existing structures. The new lot and the retained parcel will be required to be rezoned from Rural (RU) to a Special Residential Waterfront (RW) zone to account for the increased setback recommended by the Rideau Waterway Development Review Team. The planning department is able to support the application for the proposed lot addition. Current Zoning: Rural (RU) Application Complies with Zoning: Yes Current Official Plan Designation: Rural Application Complies with Official Plan: Yes

AGENCY ANALYSIS AND COMMENTS The building department has no objections. The Rideau Waterway Development Review Team (RWDRT) has evaluated the proposal and they have no objections to the proposal provided that future development, including the septic system, on the lots is set back a minimum of 40 metres from the high water mark of Dog Lake. KFL&A Public Health has no objections to the application and have indicated the site is flexible with regards to locating the septic system. Public Works has no objections to the proposal provided a drainage easement in favour of the Township is included on the development agreement to be registered on title.

CONDITIONS

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands 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 “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-11-18-S shall be for the creation of a 4.2 +/acre lot with approximately 118 metres of frontage on Sunbury Road and 93 metres of frontage on Dog Lake.

Page 17 of 66

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.) 4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 5. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through consent application S-03-18-S in lieu of parkland [Planning Act, s. 51(1)]. 6. The applicant shall rezone severed and retained parcels to be created through Consent Application S-03-18-S from Rural (RU) to Residential Waterfront (RW). Please contact Lindsay Mills, the Township Planner, to begin this process. 7. The applicant shall enter into a Development Agreement with the Township to be registered on title of the severed and retained parcels, which sets out the Township’s environmental policies and which specifies that a drainage easement be registered on title in favour of the Township. 8. The applicant must 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-03-18-S.

ATTACHMENTS Map of Pilon-Purdon property. Submitted/approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 18 of 66

Dog Lake

PILON S-03-18-S 1950 Sunbury Road

Retained Parcel S-03-18-S

BU SUN

O RY R

Page 19 of 66

2043 Sunbury Road

Legend Pilon Property Pilon Proposed Lot

1974 Sunbury Road

1994 Sunbury Road

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

Scale 1:1,809 0 5 10

40 Meters

UTM Projection NAD 83

%“Vd..LCl /V01)’

Review Tcaxn I)t:\‘r:k1pI11c11t

Ms. Jennie Kapusta, Planning Assistant Township of South Frontenac P.O. Box 100 Sydenham, Ontario KOH 2T0

Dear Ms. Kapusta: Re:

Application for Consent to Sever S-03-18-S (Pilon Part Lot 16, Concession 7; 1994 Sunbury Road Township of South Frontenac (Storrington) Waterbody: Dog Lake

Purdon)

Staff of the Rideau Waterway Development Review Team (RWDRT), made up of staff from the Cataraqui Region Conservation Authority (CRCA) and Parks Canada, has reviewed the above-noted application for consent to sever and offer the following comments for the Land Division Committee’s consideration.

The applicant has requested severance of a 1.7 hectare parcel of land from the property known as 1994 Sunbury Road (lot to be severed). It is proposed that the lot to be severed will have 118 metres of road frontage onto Sunbury Road and approximately 93 metres of water frontage onto Dog Lake. The lot to be retained would be approximately 1.5 hectares in area with approximately 140 metres of road frontage and 118 metres of water frontage. Site Description

The property is located on the north side of Sunbury Road and the severed and retained parcels have water frontage onto Dog Lake. The lot to be severed is presently vacant and is proposed to be used for residential purposes. The lot to be retained contains a residence, a barn structure, and associated

development.

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Page 23 of 66

.9. KFL&A Public Health

http://www.kflapublichealth.ca

To SEVER INSPECTION REpoRT

Environmental Health Department File Number: 5-03-18-5

Receipt Number:

SK-6-2018

Owner(s):

Michelle Purdon & Ben Pilon ward / Former Township: Storrington

Municipality:

Township of South Frontenac Concession: 7

Lot:

Prt Lot 16

Registered

Plan:

Plan of Subdivision:

Part(s):

General Description (existing buildings, surface features, slopes, site services for water

and sewage, etc)

~Open Field, some wooded & marshy areas close to lake

Severed:

—House, barn, shed, septic & well —Somerocky parts —Ona hill/slope Soil type, depth and water table on each part of potential leaching bed areas. Indicate water table with bar. Show estimated permeability (good, fair, poor) for each part where natural soil is acceptable.

Retained:

Severed

Depth of Soil

Retained

0.0 m

N/A

From file S-22, 23-2010

()3

Silty Clay

0,6 m

0.9 m 1.2 m 1.5 m Percolation rate (estimated): >50

Percolation rate (estimated):

N/A

NOTE: the approval of any new lot is based on its suitability to provide an area for a Class 1!septic tank system for an average 3 bedroom home. Approval to build a larger home on this lot will be subject to availability of sufficient area for a larger septic tank system.

Suitability for on-site sewage disposal:

SEVERED

Conditions:

Satisfactory Unsatisfactory Site Flexible

—

Site Specll“

RETAINED

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

Conditions:

I— Satisfactory l_

Unsatisfactory

Site Flexible Site Specific

Inspector:

Mirandi Iezzi

CPHl(C), Public Health Inspector

Approved:

Date: M

‘

Feb 23. 2013

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

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‘”:"‘50dOéc I

FHEIN

.£’€@®‘L.

I: -07

Page 30 of 66

Page 31 of 66

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: April 5, 2018 Application No: Owner: Location of Property:

S-14-18-S, S-15-18-S, S-16-18-S, S-17-18-S 548883 Ontario Limited Concession 8, Pt. Part Lot 15/16, Hiawatha Lane/Hewett Lane, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create three lot additions and one new lot Date of Hearing: April 12, 2018

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create three lot additions and a new lot be considered for passage.

BACKGROUND The subject lands consist of 61 +/- acres with frontage on Hiawatha Lane, Hewett Lane and Dog Lake. The land is currently developed with multiple tourist cottages. The applications are for the creation of three lot additions and one new lot. The proposal for S-14-18-S is for the creation of a 1.6+/- lot addition from a vacant parcel with frontage on Hewett Lane and Dog Lake (ARN 102906006004250) to 4071 Hiawatha Lane (ARN 102906006004200). The proposal for S-15-18-S is for the creation of a 0.4 +/- acre lot addition from 4071 Hiawatha Lane to 4061 Hiawatha Lane (ARN 102906006003800). The proposal for S-16-18-S is for the creation of a 3.17 +/- acre lot addition from 4071 Hiawatha Lane to a vacant parcel (ARN 102906006002315) with frontage on Hidden Hollow Lane and Dog Lake. The proposal for S-17-18-S is for the creation of minimum 2.5 acre waterfront lot with a minimum of 91 metres of frontage on Dog Lake and a minimum of 76 metres of frontage on Hewett Lane. The lot addition proposed through consent application S-14-18-S will be required to be finalised prior to the stamping of the deeds for the lot to be created through application S-17-18-S. The retained parcel will be approximately 60 +/- acres in size with frontage on Hiawatha Lane, Hewett Lane and Dog Lake. All lot addition parcels and the new lot will be required to be rezoned from Recreational Resort Commercial Special Zone 4 (RRC-4) to Limited Service Residential Waterfront (RLSW). The planning department is able to support the applications. Current Zoning: Recreational Resort Commercial Special Zone 4 (RRC-4) Application Complies with Zoning: Yes Current Official Plan Designation: Rural Application Complies with Official Plan: Yes

AGENCY ANALYSIS AND COMMENTS The building department has no objections. Comments from the Rideau Waterway Development Review Team (RWDRT) have yet to be received. KFL&A Public Health have no objections. Comments were not required from Public Works.

CONDITIONS

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands 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 “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].

Page 32 of 66

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 2. The land to be severed by Consent Application S-14-18-S shall be for the creation of a 1.6 +/acre lot addition only from a vacant parcel with frontage on Hewett Lane and Dog Lake (ARN 102906006004250) to 4071 Hiawatha Lane (ARN 102906006004200). 3. The land to be severed by Consent Application S-15-18-S shall be for the creation of a 0.4 +/acre lot addition from 4071 Hiawatha Lane to 4061 Hiawatha Lane (ARN 102906006003800). 4. The land to be severed by Consent Application S-16-18-S shall be for the creation of a 3.17 +/acre lot addition from 4071 Hiawatha Lane to a vacant parcel (ARN 102906006002315) with frontage on Hidden Hollow Lane and Dog Lake. 5. The land to be severed by Consent Application S-17-18-S shall be for the creation of minimum 2.5 acre waterfront lot with a minimum of 91 metres of frontage on Dog Lake and a minimum of 76 metres of frontage on Hewett Lane. 6. The applicant must 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-17-18-S. 7. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.) 8. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 9. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through consent application S-17-18-S in lieu of parkland [Planning Act, s. 51(1)] and $100 for each of the parcels to be created through applications S-14-18-S, S-15-18-S and S-16-18-S. 10. The applicant shall rezone the severed parcels to be created through Consent Applications S14-18-S, S-15-18-S, S-16-18-S, and S-17-18-S from Recreational Resort Commercial Special Zone 4 (RRC-4) to Residential Waterfront (RW). Please contact Lindsay Mills, the Township Planner, to begin this process.

ATTACHMENTS Map of 548883 Ontario Limited property. Submitted/approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 33 of 66

WESTVIEW LANE

ORMSBEE RO

AD MILBURN RO

OD HO

548883 ONTARIO LIMITED S-14-18-S S-15-18-S S-16-18-S S-17-18-S

Legend

TH WA HIA

2536432 Ontario Limited property

548883 Ontario Limited property

AN E

S-15-18-S lot addition parcel S-16-18-S lot addition S-17-18-S severance

Dog Lake

E AY LAN HIDEAW

Milburn Creek

T ET W HE

S-14-18-S lot addition

Page 34 of 66

Scale 1:8,000

Dog Lake

160

240

UTM Projection NAD 83

320 Meters

96 Hewett Lane

Dog Lake

Lot Addition Parcel

548883 ONTARIO LIMITED S-14-18-S S-17-18-S

Legend 548883 Ontario Limited property S-17-18-S severance

S-14-18-S lot addition

Lot to be Enlarged

T ET W HE

N LA

4004 Hiawatha Lane

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

Page 35 of 66

Scale 1:1,332 0

40 Meters

UTM Projection NAD 83

µ H

T ET EW

N LA

4071 Hiawatha Lane

548883 ONTARIO LIMITED S-15-18-S

HID

Legend

YL WA EA AN

2536432 Ontario Limited property

HIAW ATH AL

4061 Hiawatha Lane

548883 Ontario Limited property

ANE

S-15-18-S lot addition parcel

4043 Hiawatha Lane

4049 Hiawatha Lane Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2015.

Lot to be Enlarged

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

Page 36 of 66

Dog Lake

Scale 1:1,118 0

40 Meters

UTM Projection NAD 83

µ Dog Lake

548883 ONTARIO LIMITED S-16-18-S

Lot to be Enlarged

Legend 548883 Ontario Limited property S-16-18-S lot addition

D HOO

A TH WA A I H

L AN

HID

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EA WA YL

Dog Lake

Scale 1:2,331 0

10 20

80 Meters

UTM Projection NAD 83

µ K RO AD FISH C REE

Bobs Lake Atwood Lake

GREE N

BAY R

O AD

HICKEY S-18-18-B S-19-18-B

Fish Creek

1601 Buck Bay Road

Legend Hickey Property S-19-18-B proposed lot

1521 Buck Bay Road

S-18-18-B proposed lot

BUCK BAY R OAD

1362 Buck Bay Road

Page 38 of 66

Scale 1:8,447 0

HICKEY LANE

160

240

320 Meters

UTM Projection NAD 83

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: April 5, 2018 Application No: Owner: Location of Property:

S-18-18-B, S-19-18-B Paul Hickey Concession 1, Pt. Part Lot 18/19/20, Buck Bay Road, District of Bedford, Township of South Frontenac Purpose of Application: Consent to create two new lots Date of Hearing: April 12, 2018

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create two new lots be considered for passage.

BACKGROUND These applications were originally brought to the Committee in July 2016 and were granted Conditional Approval but the applications lapsed before the conditions were met. The applications have been resubmitted with the same information. The subject lands consist of 114 +/- acres with frontage on Buck Bay Road and Fish Creek Road. The land is currently developed with one single detached dwelling an agricultural building and several smaller accessory buildings. The proposal for S-18-18-B is for a 149 +/- acre lot with 670m of frontage along Buck Bay Road. The proposal for S-19-18-B is for the creation of a 3.0 acre +/- lot with 77m of frontage along Buck Bay Road. The planning department is able to support the applications. Current Zoning: Rural (RU) Application Complies with Zoning: Yes Current Official Plan Designation: Rural Application Complies with Official Plan: Yes

AGENCY ANALYSIS AND COMMENTS The building department has no objections. Comments from conservation were not required. KFL&A Public Health have no objections. Public Works has no objections.

CONDITIONS

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands 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 “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-18-18-B shall be for the creation of a 149 +/acre lot with 670 metres of frontage on Buck Bay Road.
The land to be severed by Consent Application S-19-18-B shall be for the creation of a 3.0 +/acre lot with a minimum of 76 metres of frontage on Buck Bay Road.
The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: Page 39 of 66

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 5. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.) 6. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 7. The Township of South Frontenac shall receive 5% of the value of each of the parcels to be severed through consent application S-18-18-B and S-19-18-B in lieu of parkland [Planning Act, s. 51(1)]. 8. The applicant must 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-19-18-S.

ATTACHMENTS Map of Hickey property. Submitted/approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 40 of 66

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: April 5, 2018 Application No: Owner: Location of Property:

S-20-18-P Christopher Kerr Concession 6, Pt. Part Lot 19, German Road, District of Portland, Township of South Frontenac Purpose of Application: Consent to create a new lot addition Date of Hearing: April 12, 2018

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a lot addition be considered for passage.

BACKGROUND The subject lands consist of 6.1 +/- acres with frontage on German Road. The land is currently vacant. The proposal is for the creation of a 0.7 +/- acre lot addition to 4742 German Road. This lot addition was previously granted Provisional Consent in October 2009. The deed was stamped by the Township upon completion of conditions but was never properly registered with the Land Registry office. The applicant has resubmitted using the same survey and dimensions as was previously approved. The planning department is able to support the application. Current Zoning: Rural (RU) Application Complies with Zoning: Yes Current Official Plan Designation: Settlement Area Application Complies with Official Plan: Yes

AGENCY ANALYSIS AND COMMENTS The building department has no objections. Comments from Quinte Conservation, KFL&A Public Health and Public Works were not required.

CONDITIONS

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands 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 “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-18-18-B shall be for the creation of a 0.7 +/acre lot addition only to 4742 German Road (ARN 102908007007701).
The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: Page 41 of 66

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 4. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.) 5. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 6. The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)].

ATTACHMENTS Map of Kerr property. Submitted/approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 42 of 66

µ R GE

KERR S-20-18-P

N MA AD RO

Legend Cox Property Kerr Property Kerr Proposed Lot Addition

4742 German Road

4734 German Road 4728 German Road

Page 43 of 66

GARRISON COURT

PETWORTH ROAD

Napanee River

Scale 1:1,661 0 5 10

40 Meters

UTM Projection NAD 83

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: April 5, 2018 Application No: Owner: Location of Property:

S-21-18-L Robert Koen/Estate of John Francis Koen Concession 7, Pt. Part Lot 25/26, North Shore Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: April 12, 2018

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create a lot addition be considered for passage.

BACKGROUND The subject lands consist of 182 +/- acres with frontage on North Shore Road, Koen Road and Koen Lane. The land is currently developed with a single detached dwelling and a detached accessory building. The proposal is for the creation of a 21 +/- acre lot, with frontage on Koen Road and Koen Lane. The proposed lot would encompass the existing structures. The retained parcel would be approximately 161 +/- acres in size and is planned to be sold to the Nature Conservancy of Canada as the majority of it is designated as Provincially Significant Wetland. The planning department is able to support the application. Current Zoning: Rural (RU), Environmental Protection (EP) Application Complies with Zoning: Yes Current Official Plan Designation: Rural Application Complies with Official Plan: Yes

AGENCY ANALYSIS AND COMMENTS The building department has no objections. Comments from KFL&A Public Health were not required. Public Works has no objections. Cataraqui Region Conservation Authority has no objections.

CONDITIONS

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands 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 “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-21-18-L shall be for the creation of a 21 +/acre lot with frontage on Koen Road and Koen Lane.
The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; Page 44 of 66

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 4. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.) 5. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 6. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Application S-21-18-L in lieu of parkland [Planning Act, s. 51(1)].

ATTACHMENTS Map of Koen property. Submitted/approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 45 of 66

µ KOEN S-21-18-L

5342 North Shore Road

NORTH SHORE ROAD

Legend Koen Property Koen Proposed Severance

1104 Koen Lane

LA N KO EN

KOEN ROAD

382 Koen Road

Loughborough Lake

1062 Koen Lane

N EMERALD LA E

Page 46 of 66

Scale 1:5,000 0

100

150

UTM Projection NAD 83

200 Meters

CATARAQUI REGION CONSERVATION AUTHORITY 1641 Perth Road, P.O. Box 160 Glenburnie, Ontario K0H 1S0 Phone: (613) 546-4228 Toll Free (613 area code): 1-877-956-CRCA Fax: (613) 547-6474 E-mail: info@crca.ca Websites: www.crca.ca & www.cleanwatercataraqui.ca

April 4, 2018

File: SEV/FRS/62/2018

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

Application for Consent to Sever S-21-18-L (Koen c/o Nature Conservancy) Part Lot 25, Concession 7; 1023 Koen Road Loughborough District, Township of South Frontenac Waterbody: Loughborough Lake (East Basin) & Leland Wetland PSW

Staff of the Cataraqui Region Conservation Authority (CRCA) have reviewed the above-noted application for consent to sever and offer the following comments for the Land Division Committee’s consideration. Summary of the Proposal The proposal involves the severance of an approximately 8.5 ha (21 acre) parcel of land containing a dwelling and barn from an existing approximately 73.65 (182 acre) rural-residential property. It is our understanding that the retained lot will be transferred to a conservation organization for the purposes of long-term conservation. The severed portion, which contains existing development, will remain in its current use. We are not aware of any proposed development on the subject lands at this time. Site Description The subject lands have a varied topography. A high wooded ridge runs parallel to the west boundary of the lot along North Shore Road. At the north, the land descends down the ridge into a large, open water wetland, part of the Leland Provincially Significant Wetland (PSW). Lands south of the wetland and east of the wooded ridge consist mainly of level, cleared fields. A wetland finger (also part of the Leland PSW) extends inland from Loughborough Lake at the southeast. The existing dwelling and barn located on the lot to be severed are on a relatively narrow portion of land situated between the wetland finger to the north and the shoreline of Loughborough Lake to the south. The severance would result in the transfer of the undeveloped rear portion of the property (all land north of a line extending east from the intersection of North Shore Road and Koen Road) for conservation purposes. The property is designated ‘Rural’ and ‘Provincially Significant Wetland’ in the Official Plan and is zoned ‘Rural - RU’ and ‘Environmental Protection – EP’ in the implementing Zoning By-law.

Page 47 of 66

Ms. Jennie Kapusta (S-21-18-L) April 4, 2018

Discussion The main interests of the CRCA in this proposal are the avoidance of natural hazards (flooding and erosion) associated with the shoreline of Loughborough Lake, the protection of water quality of surface water features, and the protection of natural heritage features and areas (e.g. wetlands and ANSIs). Natural Hazards Flooding: The CRCA directs new development away from known flood hazards through Ontario Regulation 148/06 and in accordance with the 2014 Provincial Policy Statement (PPS). The 1:100 year flood plain for Loughborough Lake is anticipated to reach an elevation of 125.48 m GSC. Based on our review of available topographic information, the flood plain does not extend inland onto the property any significant amount due to the high shoreline embankment along this part of the lake. The CRCA’s Guidelines for Implementing Ontario Regulation 148/06 (see description below) requires new development on a vacant lot of record to be set back 15 metres from the flood plain and a minimum of 6 m on existing, developed lots. While no new development is proposed at this time, staff can confirm that there is sufficient area beyond the above-noted flood plain setback requirements on both the lot to be retained and lot to be severed for potential future development. Therefore, staff have no concerns with the proposal from a flooding hazard perspective. Erosion: Section 5.8.2 (2) of the Zoning by-law prohibits new buildings (including septic holding tanks) within 15 metres horizontal of the top of bank of any embankment, the slope of which is greater than 30% from horizontal. Furthermore, the CRCA, through the implementation of O. Reg. 1486, defines the extent of potential erosion hazards to include an allowance for toe erosion, a stable slope allowance for till shorelines of 3(h):1(v), plus an erosion access allowance of 6 metres. Based upon this criteria, the total erosion hazard allowance for the shoreline embankment along Loughborough Lake is anticipated to range from 13.5 metres along the south shoreline to 22.5 m along the east shoreline (adjacent to Leland Wetland). The erosion hazard limit is measured horizontally from the toe of slope inland. CRCA regulatory policies prohibit new development within the erosion hazard limit. Staff note that there is sufficient area well outside of the erosion hazard limit and greater than 15 metres from step banks for potential future development to occur on both the retained and severed parcels. Therefore, staff have no concerns with the proposal from an erosion hazard perspective. Water Quality In accordance with the PPS (2014), CRCA staff strive to maintain, and where possible, enhance water quality in our review of development proposals. Maintenance of a reasonable water setback for development and disturbance will protect waterbodies from excessive erosion, sedimentation and nutrient input. Section 5.2.7 b)(i) of the Official Plan for South Frontenac Township suggests that a 30 metre setback from the high water mark is required to be maintained as a buffer in order to protect water quality. Similarly, the CRCA’s Environmental Planning Policies also require new development to be set back a minimum of 30 m from the high water mark. There is sufficient land on both the retained and severed lots for future development to occur in accordance with the minimum 30 metre setback measured from the high water mark of Loughborough Lake and other surface water features on the subject lands. The proposed severance will not limit the ability for any future development to adhere to the minimum setback.

Page 2 of 4

Page 48 of 66

Ms. Jennie Kapusta (S-21-18-L) April 4, 2018

Natural Heritage Leland Provincially Significant Wetland As noted, the subject lands contain portions of the Leland Provincially Significant Wetland (PSW). In accordance with the 2014 PPS, Section 5.2.5 of the Township Official Plan indicates that no new development or site alteration will be permitted within 120 metres of a PSW unless it has been demonstrated that there will be no negative impacts on the wetland or on its ecological functions. The normal mechanism to demonstrate no negative impact is through an Environmental Impact Assessment (EIA). We recognize that the proposal is intended to transfer ownership of a portion of the property to a conservation organization and that no new development is proposed. However, as part of our review of proposals involving changes to lot boundaries, we must consider whether there will be appropriate locations for future development in accordance with the PPS and Official Plan. In this instance, both the retained (vacant) lot and retained (developed) lot contain sufficient area outside of the applicable 120 metre adjacent lands for future potential development. Therefore, an EIA to demonstrate no negative impact is not warranted. Loughborough Lake Swamp Area of Natural and Scientific Interest Approximately the same extent of area identified as the Leland PSW is also identified as a part of the Loughborough Lake Swamp Area of Natural and Scientific Interest (ANSI), a candidate life-science type ANSI. Consistent with the intent of the 2014 PPS, CRCA Environmental Planning Policies direct new development outside of ANSIs, including candidate ANSIs, and speak to the need to demonstrate no negative impact for development and site alteration within applicable adjacent lands (i.e. within 120 metres per the MNRF’s Natural Heritage Reference Manual, 2010). As noted in the wetland discussion above, both the retained and severed lots would contain developable area beyond 120 metres from the Loughborough Lake Swamp candidate ANSI. Staff have no concerns in terms of natural heritage protection and are pleased that a substantial area of significant natural heritage features (wetland and ANSI) will be conveyed to the Nature Conservancy for longterm conservation as a result of this proposal. Recommendation Staff have no objection to the approval of application S-21-18-L based on our consideration for natural hazards, natural heritage, and water quality and quantity protection policies. Ontario Regulation 148/06 Please note that portions of the property 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. Within a regulated area, written permission must be obtained from the CRCA prior to development taking place. Permit review and approval is necessary prior to development and/or site alteration within 120 metres of the Leland Wetland, or within 15 metres horizontal from the flood plain and erosion hazard limit associated with the shoreline of Loughborough

Page 3 of 4

Page 49 of 66

Ms. Jennie Kapusta (S-21-18-L) April 4, 2018

Lake on the subject property. Current and future landowners are encouraged to contact this office prior to considering development or site alteration activities in these areas. 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. 228, or by e-mail at mdakin@crca.ca Yours truly,

Michael Dakin Resource Planner c.c.

Bob Koen, Landowner, via email Gary Bell, Nature Conservancy of Canada, Agent, via email Lindsay Mills, Planner, Township of South Frontenac, via email

Page 4 of 4

Page 50 of 66

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: April 5, 2018 Application No: Owner: Location of Property:

S-22-18-P, S-23-18-P Carl and Joan Sortberg Concession 8, Pt. Part Lot 1, New Morin Road, District of Portland, Township of South Frontenac Purpose of Application: Consent to create two new lots Date of Hearing: April 12, 2018

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create two new lots be considered for passage.

BACKGROUND The subject lands consist of 47 +/- acres with frontage on New Morin Road. The land is currently vacant. The proposal for S-22-18-P is for the creation of a minimum 2.0 acre lot, with a minimum of 76 metres of frontage on New Morin Road. The proposal for S-23-18-P is for the creation of a minimum 2.0 acre lot, with a minimum of 76 metres of frontage on New Morin Road. The retained parcel would be 43 +/- acres in size. The planning department is able to support the applications. Current Zoning: Rural (RU) Application Complies with Zoning: Yes Current Official Plan Designation: Rural Application Complies with Official Plan: Yes

AGENCY ANALYSIS AND COMMENTS The building department has no objections. Comments from Cataraqui Region Conservation Authority were not required. Public Works has no objections. KFL&A Public Health has no objections.

CONDITIONS

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands 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 “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-22-18-P shall be for the creation of a minimum 2.0 acre lot, with a minimum of 76 metres of frontage on New Morin Road.
The land to be severed by Consent Application S-23-18-P shall be for the creation of minimum 2.0 acre lot, with a minimum of 76 metres of frontage on New Morin Road.
The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; Page 51 of 66

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 5. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.) 6. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 7. The Township of South Frontenac shall receive 5% of the value of each of the parcels to be severed through Consent Applications S-22-18-P and S-23-18-P in lieu of parkland [Planning Act, s. 51(1)]. 8. The applicant must 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 parcels severed through consent applications S-22-18-P and S-23-18-P.

ATTACHMENTS Map of Sortberg property. Submitted/approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 52 of 66

µ 5377 New Morin Road

SORTBERG S-22-18-P S-23-18-P

5302 New Morin Road

Legend

S-23-18-P

Sortberg Property S-22-18-P Proposed Lot

S-22-18-P

S-23-18-P Proposed Lot

5356 New Morin Road

NE W

RI N

Knowlton Lake

Page 53 of 66

Scale 1:2,894 0 12.5 25

100 Meters

UTM Projection NAD 83

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: April 5, 2018 Application No: Owner: Location of Property:

S-24-18-B, S-25-18-B, S-26-18-B Don and Linda Hanna Concession 11, Pt. Part Lot 23, Hanna Road/Dairy Lane, District of Bedford, Township of South Frontenac Purpose of Application: Consent to create three new lots Date of Hearing: April 12, 2018

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the consent application to create three new lots be considered for passage.

BACKGROUND The subject lands consist of 26 +/- acres with frontage on Hanna Road, Dairy Lane and Wolfe Lake. The land is currently developed with a single detached dwelling, known as 48 Dairy Lane, and agricultural buildings. The proposal for S-24-18-B is for the creation of a 2.5 +/- acre lot, with 89 +/metres of frontage on Hanna Road and frontage on Dairy Lane. The proposal for S-25-18-B is for the creation of a 2.5 +/- acre lot, with 89 +/- metres of frontage on Hanna Road and frontage on Dairy Lane. The proposal for S-26-18-B is for the creation of a 9.4 +/- acre lot with frontage on Hanna Road, Dairy Lane and Wolfe Lake. The lot to be created through consent application S-26-18-B would contain the dwelling at 48 Dairy Lane. The retained parcel would be 12 +/- acres in size and encompass the agricultural buildings. The lots to be created through consent applications S-24-18-B and S-25-18-B would be required to gain access from Hanna Road. The planning department is able to support the applications. Current Zoning: Rural (RU) Application Complies with Zoning: Yes Current Official Plan Designation: Rural Application Complies with Official Plan: Yes

AGENCY ANALYSIS AND COMMENTS The building department has no objections. Rideau Valley Conservation Authority has no objections. Public Works has no objections. KFL&A Public Health has no objections.

CONDITIONS

An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands 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 “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The land to be severed by Consent Application S-24-18-B shall be for the creation of a 2.5 +/acre lot, with 89 +/- metres of frontage on Hanna Road and frontage on Dairy Lane.
The land to be severed by Consent Application S-25-18-B shall be for the creation of a 2.5 +/acre lot, with 89 +/- metres of frontage on Hanna Road.
The land to be severed by Consent Application S-26-18-B shall be for the creation of a 9.4 +/acre lot, with frontage on Hanna Road, Dairy Lane and Wolfe Lake. Page 54 of 66

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds.
Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
The Township of South Frontenac shall receive 5% of the value of each of the parcels to be severed through Consent Applications S-24-18-B, S-25-18-B and S-26-18-B in lieu of parkland [Planning Act, s. 51(1)].
The applicant must 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 parcels severed through consent applications S-24-18-B and S-25-18-B.

ATTACHMENTS Map of Hanna property. Submitted/approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 55 of 66

N ERS LA SAUND

HANNA S-24-18-B S-25-18-B S-26-18-B

40 Saunders Lane

S-24-18-B Proposed Lot S-25-18-B Proposed Lot S-26-18-B Proposed Lot

FE OL W

48 Dairy Lane

K LA

Wolfe Lake

Hanna Property

OAD

40 Dairy Lane

Legend

HANNA R

30 Dairy Lane

DAIRY LANE

20 Dairy Lane

E AD RO

79 Wolfe Ridge Lane 67 Wolfe Ridge Lane 200 Hanna Road WOLFE RIDGE LA

Page 56 of 66

Scale 1:5,421 0

100

150

200 Meters

UTM Projection NAD 83

CON

RIDEAUVALLEY TION AUTHORITY

3889 RideauValleyDrive,PO. Box 599, Manotick,ON K4M‘IA5 | fax aiawzoaai | wm~.rvca.ca tel 513-592-3571 | 1~8CX}267-3504

April 11,2018

17-SFR-MV-Bed

Township of South Frontenac Box 100 Sydenham, Ontario KOH 2T0 Attention: Jennie Kapusta

HANNA Consent Applications B24, 25 and 26/18 in Part Lot 23, Concession 11, South Frontenac—Bedford Ward on Dairy Road (Wolfe Lake).

Subject:

Dear Ms Kapusta, We have completed a review of these consent applications and offer comment related to; —

—

Section 2.1 Natural Heritage and 3.1 Natural Hazards of the Provincial Policy Statement under Section 3 of the Planning Act, Our related local policies under Section 28 of the Conservation Authorities Act derived from the provincial guidelines. Wolfe Lake Catchment Summary of the Rideau Lakes Subwatershed Report.

The Conservation Authority also offers comment on development applications from the perspective of the Rideau Lakes Study (formally entitled “Rideau Lakes Basin Carrying Capacities and Proposed Shore Land Development Policies”) and the related Municipal Site Evaluation Guidelines. Generally, this review looks to address waterfront disturbance and development setbacks to preclude/limit nutrient (phosphorus) and sediment input to our recreational lakes. Maintaining existing setbacks and/or advocating for increased water setbacks based on site conditions and lake sensitivity are important considerations in this regard.

The Proposal B24 and B25 request approval to sever two new residential lots from the upland open field area of the existing property, to the rear of Dairy Road, ie. these are not waterfront lots. The proposed residential lots have frontage on Hanna Road. B26 proposes to sever the existing developed waterfront parcel accessed vacant upland parcel with frontage on Hanna Road (also not waterfront).

via Dairy Lane, retaining a

Page 1 of 3

Page 57 of 66

The Propemr There are no natural hazard lands and no natural heritage areas (provincially signi?cant wetlands) identi?ed on or adjacent to the property which would prohibit the new lot creation. The property is primarily open cropped/pastured land. Although there is ample, well drained soil cover, there is also notable slope to Wolfe Lake on the property and upland ?elds to the east; development and disturbance on the proposed lots have the potential to create new drainage, runoff and sedimentation challenges downslope for the existing developed lots and for water quantity controls and water quality of Wolfe Lake. Generally, regarding lake conditions, surface water quality of Wolfe Lake has been determined to be “Fair” as identi?ed in the Wolfe Lake Catchment Summary of the Rideau Lakes Subwatershed Plan. Few nutrient exceedances, generally good fish habitat conditions, clear water and some elevated pH levels contributed to the rating. Total phosphorus (TP) and Nitrogen testing indicates that nutrient enrichment does not to appearto be a problem in the monitored near shore areas. Average Secchi depth reading is 6.8 metres, indicating good water clarity for recreation (recognizing there may be some in?uence by zebra mussels). Dissolved Oxygen and temperature indicate good conditions for fish habitat at the deep point, with late summer/fall oxygen depletion at deeper depths as vegetation (including algae and phytoplankton) dies off and begins to decay. Water chemistry data at the deep point describes suitable habitat conditions for warm water fish species. There is some evidence that the warming of the water column in the late summer/fall may limit the amount of habitat for some sensitive species. pH conditions are typically on the upper end of the range recommended for the protection of aquatic life. Water testing also shows that bacterial contamination is not a signi?cant concern in Wolfe Lake (see the full catchment summary on our website wvvw.rvca.ca).The report recommends that waterfront owners consider site management actions to avoid nutrient enrichment resulting from vegetation clearing, site alterations and stormwater runoff. These activities add sediment to the lake and fuel plant and algal growth to deplete oxygen levels and degrade water quality and aquatic habitat.

Comments and Recommendations

The Rideau Valley Conservation Authority does not object to the creation of the new lots as a result of B24 and B25. However, we recommend that drainage and runoff concerns be addressed such that potential development on the new lots will not impact the adjacent developed properties or the Lake. We recommend a condition of approval that the Municipality implement Site Plan Control or require that a Development Agreement be prepared to require a lot grading and drainage plan for proposed development to demonstrate that site grade alterations are minimized, erosion and sediment controls are described and that stormwater is managed and disposed of on-site. Proposed lot creation B26 will separate the existing residence from the remaining upland area of the property. No changes are proposed to the severed or retained parcels. To assist in lake protection and maintaining stable slope and shoreline along Wolfe Lake, the Conservation Authority recommends that a condition of approval require shoreland native planting be undertaken at 48 Dairy Road. The RVCA ‘s Rural Clean Water Program or Shoreline Naturalization Program can provide help to revegetate the shoreline and upland to at least 10 metres of the highwater mark of Wolfe Lake on the existing developed lot to be severed (1 800 267 3504 x 1134 or x1192).

Regarding S26-18-B (existing 48 Dairy Road), the shoreline of Wolfe Lake is subject to Ontario Regulation 174/06 Development, Interference with Wetlands, Alterations to Shorelines and Watercourses Regulation made pursuant to the Conservation Authorities Act. Any future shoreline Page 2 of 3

Page 58 of 66

work requires prior written approval from the Conservation Authority.

Please advise us on the Committee’s decision or any changes in the status of the application. Thank you for the opportunity to comment and please dont hesitate to contact the undersigned should you have any questions. Yours truly,

FEKMartha Bradburn

RVCA Environmental Planner 613 267 5353 X131

cc— Don &Linda Hanna

(Hanho|m@hotmai|.com) Frontenac County—M Reukswald

Page 3 of3

Page 59 of 66

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: April 9, 2018 Application No: Owner: Location of Property:

MV-05-18-L Kathryn McDonald Concession 14, Lot/Part Lot 24, 1118 Pillar Lane, District of Loughborough, Township of South Frontenac Purpose of Application: To vary sections 10.3.1 of the Comprehensive Zoning By-law 2003-75 to permit an enlargement of an existing dwelling within the 30 metre setback from water and an increase in lot coverage over 5 percent, and section 5.10.2 to permit and increase in height of an existing structure Date of Hearing: April 12, 2018

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the minor variance to permit an enlargement of an existing dwelling within the 30 metre setback from water and an increase in lot coverage over 5 percent be considered for passage.

BACKGROUND The subject land consists of 0.48 +/- acres with frontage on Pillar Lane and Buck Lake. The property is currently developed with a single detached dwelling located approximately 65 feet from the high water mark of Buck Lake. The proposal is for the demolition of the existing dwelling and the reconstruction of new dwelling in the same location, with a 238 square foot increase in footprint and a 10 foot increase in height. The increase in height is to permit the construction of a proper foundation and crawl space for services, full height interior ceilings and an increase in roof pitch. There is no second story or increase in gross floor area proposed along with the increase in height. The proposed 238 square foot footprint increase includes a 38 square foot increase in uncovered deck, with the remainder being an addition to the living space of the dwelling. With an 1155 square foot footprint, the current dwelling, including decks, is already over the permitted 5% lot coverage and the proposed addition will further increase this overage. The Planning Department is able to support the application for an increase in height but not the increase in footprint. FOUR TESTS OF A MINOR VARIANCE Section 45(1) of the Planning Act 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:

Is the minor variance desirable for the appropriate development or use of the land, building or structure?
Is the general intent and purpose of the official plan maintained?
Is the general intent and purpose of the zoning by-law maintained?
Is the variance minor? Current Zoning: Limited Service Residential Waterfront (RLSW) Application Complies with Zoning: Yes Current Official Plan Designation: Rural Page 60 of 66

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Application Complies with Official Plan: Yes

AGENCY ANALYSIS AND COMMENTS Comments were not required from Public Works. KFL&A Public Health have no objections. Cataraqui Region Conservation Authority has no objections as the proposed addition does not encroach any farther into the setback from water than the existing structure. The building department has no objections.

CONDITIONS

This minor variance is for the construction of a maximum 1345 square foot footprint, single story dwelling with a maximum finished height of 25 feet, to be located a minimum of 65 feet from the high water mark of Buck Lake. This 1345 square foot footprint includes all decks attached to the structure. A crawl space, as defined by the Ontario Building Code, is permitted below grade to accommodate services, but no basement or living space.
The existing dwelling must be demolished prior to the issuance of a building permit for the new dwelling.
Minor variance MV-05-18-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental policies, and which specifies that a permit may be required from Cataraqui Region Conservation Authority for the proposed development, and for any shoreline or in-water works.

ATTACHMENTS Map of McDonald Property Submitted/Approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 61 of 66

µ MCDONALD MV-05-18-L

1112 Pillar Lane

Legend McDonald Proposed Additions Existing Dwelling

Buck Lake

Existing Deck

PIL LA

RL AN

McDonald Property

1118 Pillar Lane

Page 62 of 66

1120 Pillar Lane

Scale 1:300 0

1.5

UTM Projection NAD 83

12 Meters

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: April 9, 2018 Application No: Owner: Location of Property:

MV-06-18-B Tim Snelgrove Concession 1, Lot/Part Lot 11, 302 Frye Lane, District of Bedford, Township of South Frontenac Purpose of Application: To vary sections 5.8.2a of the Comprehensive Zoning By-law 2003-75 to permit construction of an accessory building within the 30 metre setback from water Date of Hearing: April 12, 2018

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the minor variance to permit construction of a detached accessory building be considered for passage.

BACKGROUND The subject land consists of 1.4 +/- acres with frontage on Frye Lane and Buck Lake. The property is currently developed with a single detached dwelling located approximately 45 metres from the high water mark of Buck Lake. The proposal is for the construction of a 28 foot by 32 foot (896 square feet) detached accessory building to be located a minimum of 50 feet (15 metres) from the high water mark of Buck Lake and a minimum of 5 metres from the edge of the travelled portion of Frye Lane, which runs through the property. The Planning Department is able to support the application. FOUR TESTS OF A MINOR VARIANCE Section 45(1) of the Planning Act 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:

Is the minor variance desirable for the appropriate development or use of the land, building or structure?
Is the general intent and purpose of the official plan maintained?
Is the general intent and purpose of the zoning by-law maintained?
Is the variance minor? Current Zoning: Limited Service Residential Waterfront (RLSW) Application Complies with Zoning: Yes Current Official Plan Designation: Rural Application Complies with Official Plan: Yes

AGENCY ANALYSIS AND COMMENTS Comments were not required from Public Works or KFL&A Public Health. Cataraqui Region Conservation Authority has no objections. Page 63 of 66

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT The building department has no objections.

CONDITIONS

This minor variance is for the construction of a maximum 896 square foot footprint accessory building, to be located a minimum of 15 metres from the high water mark of Buck Lake and a minimum of 5 metres from the edge of the travelled portion of Frye Lane.
Minor variance MV-06-18-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental policies, and which specifies that a permit may be required from Cataraqui Region Conservation Authority for the proposed development, and for any shoreline or in-water works.

ATTACHMENTS Map of Snelgrove Property Submitted/Approved by: Lindsay Mills

Prepared by: Jennie Kapusta

Page 64 of 66

µ Snelgrove Existing House

302 Frye Lane

SNELGROVE MV-06-18-B

Legend

285 Frye Lane

Snelgrove Property

291 Frye Lane

Snelgrove Proposed Garage

FRYE LAN E

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

Buck Lake

Page 65 of 66

Scale 1:660 0

3.25 6.5

19.5

UTM Projection NAD 83

26 Meters

µ LAHEY MV-07-18-L

Legend

1186 Blakslee Lane

1198 Blakslee Lane

Lahey Property Lahey Proposed Addition

Gould Lake

BL AK

Lahey Proposed Garage

SL EE

LA N

Lahey Existing House

Page 66 of 66

Scale 1:600

1202A Blakslee Lane

UTM Projection NAD 83

24 Meters

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