Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: July 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, July 12, 2018 Council Chambers.

Call to Order

a)

Resolution

Adoption of Agenda

Declaration of pecuniary interest

Approval of Minutes – June 14, 2018

a)

Resolution

Consent Applications from Previous Meetings:

a)

S-47-17-B - Karen and Larry Phillips - Concession 9, Part Lot 27/28, Sellers Lane, District of Bedford - Consent to create a new waterfront residential lot

Minor Variances from Previous Meetings

a)

MV-11-18-S - Tim Greenlees - Concession 1, Part Lot 52, 1015 Sandpiper Lane, District of Storrington - Variance to permit an increase in footprint of an existing dwelling during reconstruction, within the 30 metre setback from water

New Consent Applications:

a)

S-55-18-P - Glenn and Ann Babcock - Concession 2, Part Lot 8, Yarker Road, District of Portland - Consent to create a lot addition

53 - 55

b)

S-56-18-P - Homer and Nora Card - Concession 13, Part Lot 15, First Lake Road, District of Portland - Consent to create a new lot

56 - 59

c)

S-57-18-S - Victoria Webster - Concession 10, Part Lot 11, Battersea Road, District of Storrington - Consent to create a new residential waterfront lot

60 - 63

d)

S-58-18-P - David Orser - Concession 10, Part Lot 14, Bellrock Road, District of Portland - Consent to create a new residential lot

64 - 66

e)

S-60-18-S - Lawrence and Annette Foster - Concession 4, Part Lot 24, Round Lake Road, District of Storrington - Consent to create a new residential lot S-61-18-S - Lawrence and Annette Foster - Concession 4, Part Lot 24, Round Lake Road, District of Storrington - Consent to create a new residential lot S-62-18-S - Lawrence and Annette Foster - Concession 4, Part Lot 24, Round Lake Road, District of Storrington - Consent to create a lot addition

67 - 71

3 - 26

27 - 36

37 - 52

Page 1 of 88

8.

New Minor Variance Applications:

a)

MV-14-18-S - John and Adrienne MacLean - Concession 1, Part Lot 19, 1040 Lark Lane, District of Storrington - Variance to permit an enlargement of an existing dwelling during reconstruction within the 30 metre setback from water

72 - 85

b)

MV-15-18-P - Richard Wagar - Concession 11, Part Lot 9, 6081 Carleton Drive, District of Portland - Variance to permit construction of a detached accessory building in the front yard, variance to permit a reduction in side yard, variance to permit a reduction in front yard

86 - 88

Other Business

Adjournment

a)

Resolution

Page 2 of 88

TOWNSHIP OF SOUTH FRONTENAC PLANNING DEPARTMENT

MINUTES 18:04 June 14, 2018 LOCATION:

South Frontenac Municipal Offices, Sydenham

IN ATTENDANCE:

Ron Sleeth (Storrington District-C) Ken Gee (Storrington District) Alan Revill (Bedford District-C) Brad Barbeau (Portland District-C) Larry Redden (Portland District) Ross Sutherland (Loughborough District-C) David Hahn (Bedford District) John Sherbino (Loughborough 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………………………………………………………………………………. 2 Item #5: Validation Order (Mary Cecilia Stewart) …………………………………………………… 2 Item #6: Validation Order (George Greer) …………………………………………………………….. 2 Item #7: MV-48-17-B (Stouffer) …………………………………………………………………………… 2 Item #8: S-27-18-S (Barbara and John Bird) …………………………………………………………. 3 Item #9: S-38-18-S, S-39-18-S (Bryan Stoness) ……………………………………………………. 4 Item #10: S-40-18-L (Sally VanLuven – Mike Howe) ……………………………………………… 7 Item #11: S-41-18-P (Theresa McPherson) ………………………………………………………….. 8 Item #12: S-42-18-B (Joan McSorley) ………………………………………………………………….. 9 Item #13: S-43-18-P (Orville and Lori Hamilton) ………………………………………………….. 10 Item #14: S-44-18-S (Jason and Michelle Thompson) ………………………………………….. 11 Item #15: S-45-18-S (Eunice Sleeth) …………………………………………………………………. 12 Item #16: S-46-18-P (Wayne Young) …………………………………………………………………. 14 Item #17: S-47-18-P (Everett Kerr) ……………………………………………………………………. 15 Item #18: S-48-18-L (Helen and Spencer Storms) ……………………………………………….. 16 Item #20: S-49-18-S, S-52-18-L, S-53-18-L, S-54-18-L (Sally VanLuven) ……………….. 18 Item #21: MV-04-18-B (Guy Marchildon) ……………………………………………………………. 20 Item #22: MV-10-18-L (Douglas and Sylvia Shelley) …………………………………………….. 21 Item #23: MV-11-18-S (Tim Greenlees) ……………………………………………………………… 21 Item #24: MV-12-18-B (William and Kimberly Powis) ……………………………………………. 22 Item #25: MV-13-18-L (Gordon Burns) ……………………………………………………………….. 23 Item #26: Other Business …………………………………………………………………………………. 24 Item #27: Adjournment …………………………………………………………………………………….. 24 Item #1: Call to Order RESOLUTION:

C of A: 18:05:01

Moved by: D. Hahn

Seconded by: B. Barbeau

THAT the June 14, 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 No Pecuniary Interest declared. Page 3 of 88

2 Councillor Ron Sleeth declared a conflict of interest regarding consent application S-45-18-S by Eunice Sleeth. Item #4: Approval of Minutes RESOLUTION:

C of A: 18:05:02

Moved By: B. Barbeau

Seconded By: D. Hahn

THAT the South Frontenac Township Committee of Adjustment hereby approves the minutes of the May 10, 2018 meeting of the Committee, as circulated. Carried Item #5: Validation Order (Mary Cecilia Stewart) Speaking to the Application: John Gowsell Discussion: Lawyer John Gowsell, agent, explained the details regarding this application. In 1970 the lot on VanLuven Road was created in contravention of the newly created Planning Act through a private land transfer. This property was transferred multiple times over the subsequent years and had a dwelling built upon it. At no point was it discovered the parcel had not been legally created until the recent conversion from paper deeds (Registry Act) to electronic records (Land Titles Act) was attempted by the current land owners. This parcel has been considered a separate parcel by all owners, has always been taxed as a separate parcel, and has its own Parcel Identification Number (PIN). The Certificate of Validation being requested for approval by the Committee would formally legalize and recognize this parcel as a separate and independent parcel and allow for it to be properly converted into the electronic registration system. RESOLUTION:

C of A: 18:05:03

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES the validation of the lot created in 1970, now owned by Mary Cecilia Stewart, PIN 361420018, VanLuven Road, District of Portland. Carried Item #6: Validation Order (George Greer) Speaking to the Application: John Gowsell (agent) Discussion: Lawyer John Gowsell, agent, explained the details regarding this application. In 1975 the lot at 4207 Milburn Road was created in contravention of the newly created Planning Act through a private land transfer between family members. This property was transferred multiple times over the subsequent years and had a dwelling built upon it. At no point was it discovered the parcel had not been legally created until the recent conversion from paper deeds (Registry Act) to electronic records (Land Titles Act) was attempted by the current land owners. This parcel has been considered a separate parcel by all owners, has always been taxed as a separate parcel, and has its own Parcel Identification Number (PIN). The Certificate of Validation being requested for approval by the Committee would formally legalize and recognize this parcel as a separate and independent parcel and allow for it to be properly converted into the electronic registration system. RESOLUTION:

C of A: 18:05:04

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES the validation of the lot created in 1975, now owned by George Greer, PIN 362960104, Milburn Road, District of Storrington. Carried Item #7: MV-48-17-B (Stouffer) Page 4 of 88

3 Speaking to the Application: None Speaking Discussion: This item was originally brought to the Committee in December 2017 and was deferred due to questions regarding the proposed setback and possibility of a grey water system on the property. Discussions between the applicant and the Planning Department confirmed that this was to be a seasonal dwelling and there was no intention to have any plumbing, therefore no need for a grey water system. The applicant indicated they were confident in the ability to meet the requested setback and would like the item returned to the Committee as is with these confirmations of the issues. The subject land consists of 0.92 +/- acres with frontage on Pollywog Lake and Perth Road. The property is currently developed with multiple detached accessory buildings. There was a trailer on the property which has recently been removed. The proposal is for the construction of a 24 foot by 40 foot (960 square feet) seasonal dwelling to be located a minimum of 14.6 metres (48 feet) from the high water mark of Pollywog Lake. The topography of the property is stepped with two plateaus separated by two rock cliffs. The proposed location of the dwelling is on the lower of the two plateaus up against the rock cliff. There is a hydro line which runs along the edge of the upper plateau which drastically limits the ability for the applicant to increase the setback from the water. To obtain the 48 foot setback from the water the applicant is requesting a reduction in front yard from 20 metres to 12 metres. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. The Planning Department is able to support the application. Comments were not required from KFL&A Public Health as the applicant has indicated there is to be no plumbing in the dwelling. Cataraqui Region Conservation Authority has no objections to the application as submitted. Comments from Public Works were not required. The building department has no objections. Committee members discussed the original site visits which occurred in 2017 and the feasibility of achieving the requested setback. They did agree that given the topography of the property the applicant was doing the best they could on the site. Despite the applicants stating once again that there was going to be no plumbing in the building the Committee members still expressed concerns over grey water potential. The consensus was that given the requested size of the proposed structure it was likely that the desire for indoor plumbing in the future would be there and they wanted to understand any potential limitations on the installation of such a system. RESOLUTION:

C of A: 18:05:05

Moved by: B. Barbeau

Seconded by: D. Hahn

THAT the South Frontenac Township Committee of Adjustment hereby DEFERS minor variance application MV-48-17-B by Kurt Stouffer and Ronald Stouffer, to permit a reduction in the 30 metre setback from water, in Concession 12, Part Lot 4, 8420 Perth Road, District of Bedford, subject to confirmation of proposed structure size and addressing of grey water concerns. Carried Item #8: S-27-18-S (Barbara and John Bird) Speaking to the Application: None Speaking Discussion: The subject lands consist of a 6.3 +/- acre island with frontage on Loughborough Lake, known as Pitchpine Island (PIN 362900385). The land is currently developed with two dwellings and multiple detached accessory buildings. Each dwelling has a dedicated septic system and water source. The application is to divide the island in half along an east-west plane for the creation of a 3 +/- acre lot with the retained parcel also being 3 +/- acres in size. Each 3 +/- acre parcel will include a single dwelling and associated septic system. While the usual requirement for new lot creation on an island, as per the Comprehensive Zoning By-law 2003-75, is for both the severed and retained parcels to be a minimum of five acres in size, the Official Plan provides direction for exceptions when there are multiple existing dwellings on a single parcel. One of the conditions of severance will be that both the severed and retained parcels are rezoned to reflect the undersized lots. The planning department is able to support the application. The building department has no objections. Comments from Public Works were not required.

Page 5 of 88

4 KFL&A Public Health have no objections to the proposal as both dwellings already have septic systems and there is sufficient space on each of the lots to be created for a replacement system if needed. Cataraqui Region Conservation Authority has no objection to the proposal as both the severed and retained parcels already contain existing development and there is considerable area for future development to occur outside of the water setback. They have indicated that future development on the property may require a permit. R. Sleeth visited the property and supports the application. RESOLUTION:

C of A: 18:05:06

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-27-18-S by Barbara and John Bird, to create a new lot, in Concession 10, Part Lot 6, Pitchpine Island, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-27-18-S Barbara Bird and John Bird Concession 10, Pt. Part Lot 6, Pitch Pine Island, Loughborough Lake, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: June 14, 2018 Date of Decision: June 14, 2018 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. 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)].
  2. The land to be severed by Consent Application S-27-18-L shall be for the creation of a 3 +/acre lot on Pitchpine Island (PIN 362900385). The severed and retained parcels shall each contain one of the existing dwellings.
  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 created through Consent Application S-27-18-S, in lieu of parkland [Planning Act, s. 51(1)].
  6. The applicant shall rezone both the severed and retained parcels to be created through Consent Application S-27-18-S to a Special Limited Service Residential Island Zone in order to conform to account for the reduced lot sizes. Please contact the Township Planner, to begin this process. Item #9: S-38-18-S, S-39-18-S (Bryan Stoness) Speaking to the Application: None speaking Discussion: The subject lands consist of 2.94 +/- acres with frontage on Cranberry Lake. The land is currently vacant. The application is to divide the parcel in two and add the northern 1.1 +/- acre section, with approximately 160 metres of frontage on Carrying Place Road, to 4400 Carrying Place Road (S-3918-S) and to add the southern 1.4 +/- acre section, with approximately 75 metres of frontage on Page 6 of 88

5 Carrying Place Road, to 4242 Carrying Place Road (S-38-18-S). These lot additions will have the effect of reducing potential development along the shoreline of Cranberry Lake as three waterfront lots will become two. The lot addition to 4242 Carrying Place will significantly increase the road frontage of the lot from 10 metres to approximately 85 metres which brings the lot into conformity with the Comprehensive Zoning By-law. The planning department is able to support the applications. The building department has no objections. Comments from KFL&A Public Health were not required. Public Works have no objections to the proposal. Cataraqui Region Conservation Authority has no objection to the proposal.

RESOLUTION:

C of A: 18:05:07

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-38-18-S by Bryan Stoness, to create a lot addition, in Concession 9, Part Lot 22/23, Carrying Place Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-38-18-S Bryan Stoness Concession 9, Pt. Part Lot 22/23, Carrying Place Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: June 14, 2018 Date of Decision: June 14, 2018 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. 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)].
  2. The land to be severed by Consent Application S-38-18-S shall be for the creation of a 1.4 +/acre lot addition only to 4242 Carrying Place Road (PIN 362880767).
  3. 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 Page 7 of 88

6 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)]. RESOLUTION:

C of A: 18:05:08

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-39-18-S by Bryan Stoness, to create a lot addition, in Concession 9, Part Lot 22/23, Carrying Place Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-39-18-S Bryan Stoness Concession 9, Pt. Part Lot 22/23, Carrying Place Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: June 14, 2018 Date of Decision: June 14, 2018 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. 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)].
  2. The land to be severed by Consent Application S-39-18-S shall be for the creation of a 1.1 +/acre lot addition only to 4400 Carrying Place Road (PIN 362880558).
  3. 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; Page 8 of 88

7 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)]. Item #10: S-40-18-L (Sally VanLuven – Mike Howe) Speaking to the Application: None Speaking Discussion: The subject lands consist of 77 +/- acres with frontage on Sally Lane, Sheila Lane, Carslake Lane, Boon Lane, Fred Lane, Sparrow Ridge Lane, Rutledge Road and Sydenham Lake. The land is currently developed with a single detached dwelling and detached accessory buildings. The proposal is to add a 2+/- acre parcel, with 185 metres of frontage on Sally Lane and approximately 38 metres of frontage on Sheila Lane, to 1034 Sally Lane (PIN 362790642). This lot addition would serve to increase the size of an existing undersized waterfront lot and bring it into conformity with the zoning by-law. One of the conditions of approval would be to have the lot addition parcel rezoned from Rural to Limited Service Waterfront Residential. The planning department is able to support the application. The building department has no objections. Comments from KFL&A Public Health, Public Works and Cataraqui Region Conservation Authority were not required. R. Sutherland strongly supported this application and commended the applicants for working to positively improve the situation that currently exists. Fran Willis, neighbour spoke in favour of the application and said it was good planning to enlarge the many small lots which exists from before the current Planning Act. RESOLUTION:

C of A: 18:05:09

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-40-18-L by Sally VanLuven to create a lot addition, in Concession 7, Part Lot 5, Sally Lane, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:

S-40-18-L Sally VanLuven (Mike Howe) Concession 7, Pt. Part Lot 5,Rutledge Road (Sally Lane), District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: June 14, 2018 Date of Decision: June 14, 2018 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. 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 9 of 88

8

  1. The land to be severed by Consent Application S-40-18-S shall be for the creation of a 2 +/acre lot addition only to 1034 Sally Lane (PIN 362790642).
  2. 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.
  3. 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.
  4. The Township of South Frontenac shall receive $100, in lieu of parkland [Planning Act, s. 51(1)].
  5. Prior to the stamping of the deeds for the parcel to be created through Consent Application S40-18-L, the applicant shall rezone the lot addition parcel from Rural to Limited Service Residential Waterfront. Please see the Township planner to begin this process. Item #11: S-41-18-P (Theresa McPherson) Speaking to the Application: None Speaking Discussion: The subject lands consist of 11 +/- acres with frontage on First Lake Road. The land is currently vacant. The proposal is for the creation of minimum 2.0 acre lot with approximately 186 metres of frontage on First Lake Road. The proposed lot will be severed from the northernmost section of the existing property. One of the conditions of approval for the severance will be to rezone the Retained Parcel to a Special Rural Zone. The planning department is able to support the application. The building department has no objections. KFL&A Public Health have no objections. Public Works has no objections. Comments from Quinte Conservation Authority were not required. RESOLUTION:

C of A: 18:05:10

Moved by: L. Redden

Seconded by: B. Barbeau

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-41-18-P by Theresa McPherson to create a new lot, in Concession 11, Part Lot 19, First Lake Road, District of Portland, subject to conditions. Carried Application No: Owner: Location of Property:

S-41-18-P Theresa McPherson Concession 11, Pt. Part Lot 19, First Lake Road, District of Portland, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: June 14, 2018 Date of Decision: June 14, 2018 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. 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)].
  2. The land to be severed by Consent Application S-45-18-S shall be for the creation of a minimum 2.0 +/- acre lot with approximately 186 metres of frontage on First Lake Road.

Page 10 of 88

9 3. 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. 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-41-18-P, in lieu of parkland [Planning Act, s. 51(1)]. 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-41-18-P. 8. Prior to the stamping of the deeds for the parcel to be created through Consent Application S41-18-P, the applicant shall rezone the Retained Parcel from Rural to a Special Waterfront Residential Zone. Please the Township planner to begin this process. Item #12: S-42-18-B (Joan McSorley) Speaking to the Application: None Speaking Discussion: The subject lands consist of 32 +/- acres with frontage on James Wilson Road, Steve Babcock Road and McGowan Lane. The land is currently developed with a single dwelling and detached accessory buildings. The proposal is for the creation of 6.48 +/- acre lot addition to 85 McGowan Lane. This proposed lot addition parcel shall encompass a vacant parcel of land bounded on the eastern side by McGowan Lane. The planning department is able to support the application. The building department has no objections. Comments were not required from KFL&A Public Health, Public Works or Quinte Conservation Authority. RESOLUTION: Moved by: D. Hahn

C of A: 18:05:11 Seconded by: B. Barbeau

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-42-18-L by Joan McSorley to create a lot addition, in Concession 3, Part Lot 5, McGowan Lane, District of Bedford, subject to conditions. Page 11 of 88

10

Carried Application No: Owner: Location of Property:

S-42-18-B Joan McSorley Concession 3, Pt. Part Lot 5, McGowan Lane, District of Bedford, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: June 14, 2018 Date of Decision: June 14, 2018 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. 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)].
  2. The land to be severed by Consent Application S-42-18-B shall be for the creation of a 6.48 +/acre lot addition only to 85 McGowan Lane (PIN 362520419).
  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)]. Item #13: S-43-18-P (Orville and Lori Hamilton) Speaking to the Application: None Speaking Discussion: The subject lands consist of 102 +/- acres with frontage on Jamieson Road and Alton Road. The land is currently developed with a single dwelling and detached accessory buildings. The proposal is for the creation of 21 +/- acre parcel with approximately 145 metres of frontage on Jamieson Road. This proposed lot will completely eliminate access to Jamieson Road from the retained parcel. The retained parcel will be 81 +/- acres in size and encompass all existing structures. The planning department is able to support the application. The building department has no objections. Comments were not required from Quinte Conservation Authority. KFL&A Public Health have no objections. Public Works has no objections. RESOLUTION:

C of A: 18:05:12

Moved by: B. Barbeau

Seconded by: L. Redden

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-43-18-P by Orville and Lori Hamilton to create a lot addition, in Concession 5, Part Lot 7, Sheila Lane, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:

S-43-18-P Orville and Lori Hamilton Concession 6, Pt. Part Lot 4, Jamieson Road, District of Portland, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: June 14, 2018 Page 12 of 88

11 Date of Decision:

June 14, 2018

DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. 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)].
  2. The land to be severed by Consent Application S-43-18-P shall be for the creation of a 21 +/acre parcel with approximately 145 metres of frontage on Jamieson Road.
  3. 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.
  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-43-18-P, in lieu of parkland [Planning Act, s. 51(1)].
  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-43-18-P. Item #14: S-44-18-S (Jason and Michelle Thompson) Speaking to the Application: None Speaking Discussion: The subject lands consist of 68 +/- acres with frontage on Stafford Lane and Little Cranberry Lake. The land is currently developed with a single dwelling. The proposal is for the creation of 50 +/- acre lot addition only to 26A Beacon Point Lane. The retained parcel will be 3.75 +/- acres in size and encompass the existing structure and retain the entire water frontage. While the shape of the lot to be created through this lot addition is irregular it is similar to the existing shape of the subject lands and does not make the situation any worse. Page 13 of 88

12 The planning department is able to support the application. The building department has no objections. Comments were not required from Cataraqui Region Conservation Authority, KFL&A Public Health have or Public Works. RESOLUTION:

C of A: 18:05:13

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-44-18-P by Jason and Michelle Thompson to create a lot addition, in Concession 11, Part Lot 35, Sheila Lane, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:

S-44-18-S Jason and Michelle Thompson Concession 11, Pt. Part Lot 35, Stafford Lane, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: June 14, 2018 Date of Decision: June 14, 2018 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. 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)].
  2. The land to be severed by Consent Application S-44-18-S shall be for the creation of a 50 +/acre lot addition only to 26A Beacon Point Lane (PIN 362870230).
  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)]. Item #15: S-45-18-S (Eunice Sleeth) Speaking to the Application: None Speaking Discussion: The subject lands consist of 24 +/- acres with frontage on Lower Round Lake Road and Round Lake. The land is currently vacant. The proposal is for the creation of minimum 2.0 acre lot with a minimum of 76 metres of frontage on Lower Round Lake Road. Sections of Round Lake and the property to the west of this subject lands are designated as Provincially Significant Wetlands (PSW), with a small section of the subject land within the 120 metre buffer zone from a PSW. The proposed lot however is entirely outside this are of influence. The planning department is able to support the application. The building department has no objections. KFL&A Public Health have no objections. Public Works has no objections. Cataraqui Region Conservation Authority has no objections. RESOLUTION: Moved by: K. Gee

C of A: 18:05:14 Seconded by: J. Sherbino Page 14 of 88

13

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-45-18-S by Eunice Sleeth to create a new lot, in Concession 9, Part Lot 1, Lower Round Lake Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-45-18-S Eunice Sleeth Concession 9, Pt. Part Lot 1, Lower Round Lake Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: June 14, 2018 Date of Decision: June 14, 2018 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. 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)].
  2. The land to be severed by Consent Application S-45-18-S shall be for the creation of a minimum 2.0 +/- acre lot with a minimum of 76 metres of frontage on Lower Round Lake Road.
  3. 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.
  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-45-18-S, in lieu of parkland [Planning Act, s. 51(1)].

Page 15 of 88

14 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-45-18-S. Item #16: S-46-18-P (Wayne Young) Speaking to the Application: None Speaking Discussion: The subject lands consist of 53 +/- acres with frontage on Quinn Road East and Millhaven Creek Provincially Significant Wetland (PSW). The land is currently developed with a dwelling and detached accessory and agricultural buildings. The proposal is for the creation of a 4 +/- acre lot with a minimum of 76 metres of frontage on Quinn Road East. There is sufficient area on the proposed lot to accommodate development outside the 120 metre area of influence from a PSW. The planning department is able to support the application. The building department has no objections. KFL&A Public Health have no objections. Public Works has no objections. Cataraqui Region Conservation Authority has no objections but has recommended that the municipality ensures any future development on the proposed lot is located greater than 120 metres from the edge of the PSW through site plan control. L. Redden visited the site and agrees with CRCA that there is lots of space outside the PSW to build. RESOLUTION:

C of A: 18:05:15

Moved by: L. Redden

Seconded by: B. Barbeau

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-46-18-P by Wayne Young to create a new lot, in Concession 2, Part Lot 4, Quinn Road East, District of Portland, subject to conditions, including site plan control/development agreement preventing development within the 120 metre setback from a PSW. Carried Application No: Owner: Location of Property:

S-46-18-P Wayne Young Concession 2, Pt. Part Lot 4, Quinn Road East, District of Portland, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: June 14, 2018 Date of Decision: June 14, 2018 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. 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)].
  2. The land to be severed by Consent Application S-46-18-P shall be for the creation of a 4 +/acre lot with a minimum of 76 metres of frontage on Quinn Road East.
  3. 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 16 of 88

15 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-46-18-P, in lieu of parkland [Planning Act, s. 51(1)]. 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-46-18-P. 8. 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 the Cataraqui Region Conservation Authority (CRCA) prior to any development on the property, or shoreline or in-water works, to determine the need for a permit. This development agreement shall incorporate the recommendations in the report from CRCA dated July 7, 2018 which states that no development be permitted within the 120 metre setback area from the Millhaven Creek Provincially Significant Wetland. Item #17: S-47-18-P (Everett Kerr) Speaking to the Application: None Speaking Discussion: The subject lands consist of 55 +/- acres with frontage on Road 38. The land is currently vacant. The proposal is for the creation of a 1.9 +/- acre lot addition to a commercial property created through Consent Application S-55-17-P. There was insufficient space on the lot created to encompass both the proposed commercial development and the required septic system. The planning department is able to support the application. The building department has no objections. Comments were not required from KFL&A Public Health, Public Works or Quinte Conservation Authority. B. Barbeau visited site and is happy to see an addition that creates a parcel the right size for future commercial development. RESOLUTION:

C of A: 18:05:16

Moved by: B. Barbeau

Seconded by: L. Redden

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-47-18-P by Everett Kerr to create a lot addition, in Concession 5, Part Lot 6, Road 38, District of Portland, subject to conditions. Carried Application No: Owner:

S-47-18-P Everett Kerr Page 17 of 88

16 Location of Property:

Concession 5, Pt. Part Lot 6, Road 38, District of Portland, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: June 14, 2018 Date of Decision: June 14, 2018 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. 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)].
  2. The land to be severed by Consent Application S-47-18-P shall be for the creation of a 1.9 +/+/- acre lot addition to the parcel created through Consent Application S-55-17-P.
  3. 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.
  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)].
  7. Prior to the stamping of the deeds the applicant shall rezone the parcel to be created through Consent Application S-47-18-P from Rural (RU) to Urban Commercial (UC). Please see the Township planner to begin this process. Item #18: S-48-18-L (Helen and Spencer Storms) Speaking to the Application: None Speaking Discussion: The subject lands consist of 35 +/- acres with frontage on Rutledge Road, Storm Haven Lane and Slumber Lane. The land is currently developed with a single dwelling and detached accessory Page 18 of 88

17 buildings. The proposal is for the creation of a 8.75 +/- acre lot addition to a 1040 Slumber Lane. The retained parcel will encompass all existing structures. The planning department is able to support the application. The building department has no objections. Comments were not required from KFL&A Public Health, Public Works or Cataraqui Region Conservation Authority. RESOLUTION:

C of A: 18:05:17

Moved by: J. Sherbino

Seconded by: R. Sutherland

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-48-18-L by Helen and Spencer Storms to create a lot addition, in Concession 5, Part Lot 6, Slumber Lane, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:

S-48-18-L Helen and Spencer Storms Concession 5, Pt. Part Lot 6, Storm Haven Lane (Slumber Lane), District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: June 14, 2018 Date of Decision: June 14, 2018 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. 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)].
  2. The land to be severed by Consent Application S-48-18-L shall be for the creation of an 8.75 +/- acre lot addition only to 1040 Slumber Lane (PIN 362790704).
  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. Prior to the stamping of the deeds the applicant shall rezone the parcel to be created through Consent Application S-48-18-L from Rural (RU) to Limited Service Residential Waterfront (RLSW). Please see the Township planner to begin this process. Item #19: S-50-18-S (548883 Ontario Limited) Speaking to the Application: None Speaking Discussion: The subject lands consist of 50 +/- acres with frontage on Hiawatha Lane, Hewett Lane and Dog Lake. The land is currently developed as a commercial resort. The proposal is to permit the property known as 4027 Hiawatha Lane to use an existing right-of-way over the commercial resort property to access Dog Lake. This right-of-way already exists for use by the resort guests in addition to several other property owners along Hiawatha Lane. This application will not create the right-of-way but add another property to the list of legally permitted users. The planning department is able to support the application. The building department has no objections. Page 19 of 88

18 Comments were not required from KFL&A Public Health, Public Works or Cataraqui Region Conservation Authority. RESOLUTION:

C of A: 18:05:18

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-50-18-S by 548883 Ontario Limited to create a right-of-way, in Concession 8, Part Lot 15/16, Hiawatha Lane, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-50-18-S 548883 Ontario Limited Concession 8, Pt. Part Lot 15/16, Hiawatha Lane, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a right-of-way Date of Hearing: June 14, 2018 Date of Decision: June 14, 2018 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. 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)].
  2. The land to be severed by Consent Application S-50-18-S shall be for the creation of a 0.4 +/acre right-of-way over 4004 Hiawatha Lane to Dog Lake.
  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. Item #20: S-49-18-S, S-52-18-L, S-53-18-L, S-54-18-L (Sally VanLuven) Speaking to the Application: None Speaking Discussion: The subject lands consist of 77 +/- acres with frontage on Sally Lane, Sheila Lane, Carslake Lane, Boon Lane, Fred Lane, Sparrow Ridge Lane, Rutledge Road and Sydenham Lake. The land is currently developed with a single detached dwelling and detached accessory buildings. The proposal for S-49-18-L is to add a 1.96 +/- acre parcel, with frontage on Sheila Lane and Carslake Lane, to 1273 Sheila Lane. This lot addition would serve to increase the size of an existing undersized waterfront lot and bring it into conformity with the zoning by-law. The proposal for S-52-18-L is to add a 0.19 +/- acre parcel, with frontage on Sheila Lane, to 1247 Sheila Lane. The proposal for S-53-18-L is to add a 1.1 +/- acre parcel, with frontage on Boon Lane and Sheila Lane, to 1024 Boon Lane. This proposal will serve to increase the size of an existing undersized lot. The proposal for S-54-18-L is to add a 1.1 +/- acre parcel to 1015 Boon Lane. This proposal will serve to increase the size of an existing undersized lot. One of the conditions of the approvals for all the lot additions will be to rezone the parcels from Rural to Limited Service Residential Waterfront. The planning department is able to support the applications. R. Sutherland is happy to see undersized waterfront lots being enlarged and the right-of-way issues being resolved. Fran Willis, neighbour, spoke in favour of the applications and was also happy to see the smaller waterfront lots being enlargd. RESOLUTION:

C of A: 18:05:19 Page 20 of 88

19

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-49-18-L by Sally VanLuven to create a lot addition, in Concession 5, Part Lot 7, Sheila Lane, District of Loughborough, subject to conditions. Carried RESOLUTION:

C of A: 18:05:20

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-52-18-L by Sally VanLuven to create a lot addition, in Concession 5, Part Lot 7, Sheila Lane, District of Loughborough, subject to conditions. Carried RESOLUTION:

C of A: 18:05:21

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-53-18-L by Sally VanLuven to create a lot addition, in Concession 5, Part Lot 7, Sheila Lane, District of Loughborough, subject to conditions. Carried RESOLUTION:

C of A: 18:05:22

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-54-18-L by Sally VanLuven to create a lot addition, in Concession 5, Part Lot 7, Sheila Lane, District of Loughborough, subject to conditions. Carried

Application No: Owner: Location of Property:

S-49-18-L, S-52-18-L, S-53-18-L, S-54-18-L Sally VanLuven Concession 7, Pt. Part Lot 5, Rutledge Road (Sheila Lane, Carslake Lane), District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create four lot additions Date of Hearing: June 14, 2018 Date of Decision: June 14, 2018 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. 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)].
  2. The land to be severed by Consent Application S-49-18-L shall be for the creation of a 1.96 +/acre lot addition only to 1273 Sheila Lane (PIN 362790624), together with a right-of-way over Sheila Lane and Carslake Lane.
  3. The land to be severed by Consent Application S-52-18-L shall be for the creation of a 0.19 +/acre lot addition only to 1247 Sheila Lane (PIN 362791247), together with a right-of-way over Sheila Lane. Page 21 of 88

20 4. The land to be severed by Consent Application S-53-18-L shall be for the creation of a 1.1 +/acre lot addition only to 1024 Boon Lane (PIN 362790621), together with a right-of-way over Sheila Land and Boon Lane. 5. The land to be severed by Consent Application S-54-18-L shall be for the creation of a 1.1 +/acre lot addition only to 1015 Boon Lane (PIN 362790620), together with a right-of-way over Sheila Lane and Boon Lane. 6. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds. 7. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 8. The Township of South Frontenac shall receive $100 for each of the parcels to be severed through Consent Applications S-49-18-L, S-52-18-L, S-53-18-L, and S-54-18-L, in lieu of parkland [Planning Act, s. 51(1)]. 9. Prior to the stamping of the deeds for the lot addition parcels to be created through Consent Applications S-49-18-L, S-52-18-L, S-53-18-L, and S-54-18-L the applicant shall rezone the lot addition parcels from Rural to Limited Service Residential Waterfront. Please see the Township planner to begin this process. Item #21: MV-04-18-B (Guy Marchildon) Speaking to the Application: None Speaking Discussion: The subject land consists of an 8.8 +/- acre island in Devil Lake, known as Island 50. The property is currently vacant. The proposal is for the construction of a 24 foot by 36 foot (864 square foot footprint) two-story dwelling to be located a minimum of 20 metres from the high water mark of Devil Lake. The applicant has submitted a preliminary Environmental Impact Analysis (EIA), completed in April 2015, in support of this application. This analysis was completed to determine if there was a suitable building envelope outside the 30 metre setback and this EIA determined there was sufficient space which met the setbacks. The applicant has requested a 10 metre reduction in this setback due to the constraints of the topography of the island. The Planning Department is unable to support the application as submitted. Cataraqui Region Conservation Authority has reviewed the EIA supplied and the proposal submitted. They have recommended deferral of the application until a scoped or full EIA has been submitted The reason were the original EIA did not address the proposed development, it indicated sufficient space outside the 30 metre setback for development and a one third reduction (10 metres) to the required setback is not considered minor. Comments were not required from Public Works or KFL&A Public Health. The building department has no objections. Planner L. Mills visited the island and said it is very rocky and forested, that the topography makes alternative locations for construction more challenging. D. Hahn had not visited the site but questioned why the EIA did not address the specific site and stated that as Devil Lake is an At Capacity Lake Trout Lake the Committee needs to carefully consider any setback reductions. B. Barbeau questioned why the CRCA had not actually visited the site, as that was one of the main reasons this item had not been heard by the Committee sooner. He also had questions over the site evaluation and comments from the CRCA when no actual site visit had been conducted by them. J. Sherbino agrees that a more site specific EIA should be conducted; he also questioned why KFL&A had not evaluated the possibility of a grey water system installation. R. Sutherland seconded this concern. The applicant has indicated there is no intention of installing plumbing in the dwelling and will use a composting toilet for sewage disposal. Reg. Genge of Ontario Lake Assessments, who completed the EIA submitted with the application, spoke with regards to the scope and detail of the EIA completed in 2015 and said that the other areas of the island and shoreline contained trout spawning shoals and fish habitat areas that should be avoided. He said any redo of the EIA would not change his opinion on the ideal location for construction. R. Sutherland said that given the size of the island and the ability to meet the 30 metre setback he was extremely reluctant to approve any reduction; especially given the status of the lake. Page 22 of 88

21

RESOLUTION:

C of A: 18:05:23

Moved by: L. Redden

Seconded by: D. Hahn

THAT the South Frontenac Township Committee of Adjustment hereby DEFERS minor variance application MV-04-18-B by Guy Marchildon to permit a reduction in the 30 metre setback from water, in Concession 10, Part Lot 8, Island 50, Devil Lake, District of Bedford, subject to CRCA site visit, KFL&A comments regarding a grey water system and EIA site specific evaluation amendment to the existing EIA. Carried Item #22: MV-10-18-L (Douglas and Sylvia Shelley) Speaking to the Application: None Speaking Discussion: The subject land consists of a 0.68 +/- acre parcel with frontage on Daley Road. The property is currently developed with a single dwelling and detached accessory buildings. The proposal is for the construction of a 26 foot by 38 foot (988 square foot footprint) addition to the existing dwelling. Based on the survey provided by the applicant the existing dwelling is located 31.25 feet from the side property line. An addition with a width of 28 feet would reduce the side yard from 9.8 feet to 5.25 feet. The Planning Department is able to support the application as submitted. Comments were not required from Public Works, KFL&A Public Health or Cataraqui Region Conservation Authority. The building department has no objections. RESOLUTION:

C of A: 18:05:24

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-10-18-L by Douglas and Sylvia Shelley to permit a reduction in the interior side yard, in Concession 3, Part Lot 10, 3771 Daley Road, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:

MV-10-18-L Douglas and Sylvia Shelley Concession 3, Lot/Part Lot 10, 3771 Daley Road, District of Loughborough, Township of South Frontenac Purpose of Application: To vary sections 7.3.2 of the Comprehensive Zoning By-law 2003-75 to permit a reduction in interior side yard Date of Hearing: June 14, 2018 Date of Decision: June 14, 2018 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

  1. This minor variance is for the construction of an addition to an existing dwelling at 3771 Daley Road, to be located a minimum of 5.25 feet from the interior side property line.
  2. Minor variance MV-10-18-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac. Item #23: MV-11-18-S (Tim Greenlees) Speaking to the Application: None Speaking Discussion: Page 23 of 88

22 The subject land consists of a 1.82 +/- acre parcel with frontage on Sandpiper Lane and Loughborough Lake. The property is currently developed with a single dwelling and detached accessory buildings. The proposal is for the partial demolition of the existing dwelling, then the reconstruction and enlargement of this dwelling. The enlargement proposed includes an increase in building footprint, the addition of a full basement under the current sunroom area (east end of dwelling) and cabin portion (west end of dwelling) which would tie into and be accessible from the existing basement area under the central portion of the dwelling and an increase in height as part of the reconstruction of the roof to unify the rooflines. There would be an overall increase in gross floor area of approximately 410 square feet; and increase in footprint of approximately 670 square feet and a height increase of approximately 8 feet. All of these increases would be on the sides and back (nonwater side) of the existing dwelling and there would be no farther encroachment into the 30 metre setback than the existing dwelling. The Planning Department is able to support the application as submitted. Comments were not required from Public Works or KFL&A Public Health. Comments from Cataraqui Region Conservation Authority have yet to be received. The building department has no objections. Significant discussion amongst Committee members regarding exactly what the proposed increase in both square footage footprint and useable living space were to be. They wanted further details and drawings on the proposal. Additionally, they wanted more time to fully evaluated the Environmental Impact Assessment submitted by the applicant, as this report was not submitted until the day before the meeting. As comments had also not been received from CRCA regarding this proposal it was decided that the best course of action would be to defer the application until these concerns could be addressed. RESOLUTION:

C of A: 18:05:25

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby DEFERS minor variance application MV-11-18-S by Tim Greenlees to permit an increase in footprint of an existing dwelling within the 30 metre setback from water, in Concession 1, Part Lot 52, 1015 Sandpiper Lane, District of Storrington, subject to receipt of comments from Cataraqui Region Conservation Authority. Carried Item #24: MV-12-18-B (William and Kimberly Powis) Speaking to the Application: None Speaking Discussion: The subject land consists of a 2.31 +/- acre parcel with frontage on Green Bay Road and Bobs Lake Road. The property is currently developed with a single detached dwelling. The proposal is for the construction of a 20 foot by 25 foot (500 square foot footprint) accessory building in the front yard of 2632 Green Bay Road. This building would be located approximately105 feet from Green Bay Road. The topography of the property and location of the existing dwelling and septic system make it impossible to locate the accessory structure outside either the front yard or exterior side yard. The Planning Department is able to support the application as submitted. Comments were not required from Public Works or KFL&A Public Health or Rideau Valley Conservation Authority. The building department has no objections. RESOLUTION:

C of A: 18:05:26

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-12-18-B by William and Kimberly Powis to permit construction of an accessory building in the front yard, in Concession 3, Part Lot 10, 3771 Daley Road, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:

MV-12-18-B William and Kimberly Powis Concession 2, Lot/Part Lot 20/21, 2632 Green Bay Road, District of Bedford, Township of South Frontenac Page 24 of 88

23 Purpose of Application: To vary sections 5.24.2 of the Comprehensive Zoning By-law 2003-75 to permit construction of an accessory building in the front yard Date of Hearing: June 14, 2018 Date of Decision: June 14, 2018 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

  1. This minor variance is for the construction of a 500 square foot footprint accessory building in the front yard of 2632 Green Bay Road.
  2. Minor variance MV-12-18-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac. Item #25: MV-13-18-L (Gordon Burns) Speaking to the Application: None Speaking Discussion: The subject land consists of a 1.57 +/- acre island, known as Sand Island, with frontage on Loughborough Lake. The property is currently vacant. The applicant has previously been granted a minor variance on this property for a 1200 square foot, single storey dwelling with no basement to be located a minimum of 55 feet from the high water mark of Loughborough Lake. Upon surveying the island it was discovered that it would be challenging if not impossible to fit what was approved into the setback approved. As such, the proposal for this minor variance application is for a 1200 square foot, gross floor area, two storey dwelling with a minimum setback from Loughborough Lake of 50 feet rather than 55 feet. This will reduce the footprint of the structure but not increase the impact on the lake as the useable living space will remain unchanged. The Planning Department is able to support the application as submitted. Comments were not required from Public Works. Cataraqui Region Conservation Authority and KFL&A Public Health both indicated that as the overall useable living space remained the same as the original proposal that their previous comments of no objections to the proposal remained in effect. The building department has no objections. RESOLUTION:

C of A: 18:05:27

Moved by: J. Sherbino

Seconded by: R. Sutherland

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-13-18-L by Gordon Burns to permit a reduction in the 30 metre setback from water, in Concession 6, Part Lot 25, Sand Island, Loughborough Lake, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:

MV-13-18-L Gordon Burns Concession 6, Lot/Part Lot 25, Sand Island, Loughborough Lake, District of Loughborough, Township of South Frontenac Purpose of Application: To vary sections 5.8.2 and 11.3.1 of the Comprehensive Zoning By-law 2003-75 to permit construction of a dwelling within the 30 metre setback from water Date of Hearing: June 14, 2018 Date of Decision: June 14, 2018 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

Page 25 of 88

24

  1. This minor variance is for the construction of a 1200 square foot, gross floor area, two stories, no basement permitted dwelling to be located a minimum of 15 metres from the high water mark of Loughborough Lake. This minor variance only applies to Sand Island.
  2. Minor variance MV-13-18-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac. Item #26: Other Business Discussion regarding reduction in application fees for MV-13-18-L by Gordon Burns. It was determined that a 50% reduction in application fees would be acceptable.

Item #27: Adjournment RESOLUTION: Moved by: R. Sutherland

C of A: 18:05:28 Seconded by: J. Sherbino

THAT the June 14, 2018 meeting of the South Frontenac Township Committee of Adjustment is hereby adjourned at 9:10 p.m. to reconvene at 7:00 p.m. on Thursday, July 12, 2018 or at the call of the Chair. Carried


Alan Revill Chair


Lindsay Mills Secretary-Treasurer

Page 26 of 88

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: July 6, 2017 Application No: Owner: Location of Property:

S-47-17-B Karen Phillips and Larry Phillips Concession 9, Part Lot 27/28, Sellers Lane, District of Bedford, Township of South Frontenac Purpose of Application: Consent to create a new waterfront lot together with a right-of-way Date of Hearing: July 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 This item was original brought to the Committee in October 2017 but was deferred due to lack of comments from the consulting agencies. These comments have now been received. Additionally, the applicant did not post the required signs in advance of the October meeting so another public meeting needed to be held to allow adequate opportunity for public comments on the application. The subject land consists of 110 +/- acres with frontage on Burridge Road, Sellers Lane and Green Lake. The lot is currently developed with a seasonal dwelling and a detached accessory building. The proposal is for the creation of a 2.8 acre waterfront residential lot with 100 metres of frontage on Green Lake and 77 metres of frontage on Sellers Lane. This new lot would encompass both of the existing structures on the property. The applicant originally proposed to gain access along an existing driveway which would have required the creation of a new right-of-way over the retained parcel. This right-of-way creation would have been from Sellers Lane rather than a public road; this would constitute the creation of a lane off a lane. Section 5.7.7(ii)a) states that all newly created private roads must intersect with an existing public road. The applicant has altered the application and now proposes to gain access to the newly created lot directly from Sellers Lane. The applicant has submitted a Preliminary Environmental Impact Assessment (EIA) completed by Ontario Lake Assessments which evaluated both the proposed lot and right-of-way. It examined the potential impact on the natural environment and looked at species-at-risk, including Blanding’s turtles and eastern rat snakes. While the presence of both species in the area was discussed, the areas of concern with regards to these species are located away from any potential building areas. This report was favourable for the applicant. As a result of the alteration of the proposed access location, and in consultation with Rideau Valley Conservation Authority, Ontario Lake Assessments evaluated the new access and determined that the new access would not cause any detrimental environmental impact. The subject land is currently zoned Rural. Since the proposed lot would be a waterfront lot accessed by a private lane it will be required to be rezoned to Limited Service Residential Waterfront prior to the stamping of the deeds. As a result of the changes to the proposed access and removal of the creation of a new right-of-way the planning department is able to support the application. Current Zoning: Rural (RU) Application Complies with Zoning: Yes Current Official Plan Designation: Rural (RU) Application Complies with Official Plan: Yes

AGENCEY ANALYSIS AND COMMENTS Rideau Valley Conservation Authority has no objections to the creation of the proposed lot, provided some specific recommendations are addressed, including the applicant entering into a site plan agreement and discussion with Ministry of Natural Resources regarding potential species-at-risk as discussed in the EIA submitted by the applicant. They have evaluated the new proposed access directly from Sellers Lane and have no objection the location.

Page 27 of 88

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT KFL&A Public Health has no objections to the proposal. Comments from Public Works were not required. The building department has no objections.

CONDITIONS

  1. 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)].
  2. The land to be severed by Consent Application S-47-17-B shall be for the creation of a 2.8 +/acre lot with 77 metres of frontage on Sellers Lane and 100 metres of frontage on Green Lake.
  3. The land to be severed by Consent Application S-47-17-B shall be accessed directly from Sellers Lane.
  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. Prior to the stamping of the deeds for the lot to be created through Consent Application S-4717-B, the applicant shall be required to rezone the new lot from Rural (RU) to Limited Service Residential Waterfront (RLSW). Please see the Township Planner to begin this process.
  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 the Rideau Valley Conservation Authority prior to any development on the property, to determine the need for a permit.

ATTACHMENTS Map of Phillips Property

Submitted/approved by:

Prepared by: Jennie Kapusta

Page 28 of 88

PHILLIPS S-47-17-B

Legend Phillips Property

Retained Parcel

Phillips Proposed Lot Phillips Proposed ROW

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

Green Lake

Page 29 of 88

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Ontario Lake Assessments

RR#3 Harrowsmith Ontario KOH IVO

& Environmental Education Services

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

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Karen and Larry Phillips 28 Bannon Avenue

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ETOBICOKE, Ontario M8X 1T8

REGARDS: Preliminary EIA for Severance Application 108 Sellers Lane; Lot 27 and 28 Concession 9 Bedford District; South Frontenac Township - Green Lake; Ridea;u iver Watershed Dear Karen and Larry Phillips:

Fiuther to the site visit conducted to the above property on June 10"1 past, please find below my findings with respect to your proposal to create a new water front lot by way of severance. The comments below include your input, a review of the plan of survey and observations made during a walk over of the lake front and the proposed area for the building envelope and septic. As I

explained, there are two Natural Heritage Features that indiciate the need for a Preliminary EIA as required under the OP and Zoning By-law for South Frontenac Township; these are the proximity to Green Lake and also the nearby areas indicated as Enviromnentally Sensitive (ES) in Schedule

D to the Zoning By-law 2003-75; also the wetlm’id on the east end of Green Lake is identified as Environmental Protection (EP) on Schedule A to the Officia? Plan.

The existing parcel is large in area (Survey Plan l 3R-1 3997; Part l- 4.17 ha (10.3 arces) and Part

4 - 31.48 ha (77.84 acres) and has approximately 257.6m (845ft"- ) of lake frontage on Green Lake. Access to the existing parcel is by way of Sellers Lmie and a private driveway to the existing cottage at civic address #l08. The property is traversed inland by a second private driveway that services a property to the east.

The following Google Earth image has the distances to the ES areas indicated; the bog is the closest at l 60m to the east from the proposed building envelope. All the ES designated areas and the EP

area lay outside of the 120m mone of influence identified in the OP and Zoning By-law. The main concern for these Natural Heritage Features is for excavation, filling, draining or destmction of habitats within the their boundaries. Since this proposal includes a building envelope outside of the zone of influence for these features and will not include any of the above activities, no further discussion is required in this regard.

The only other concern is the potential for impact on Green Lake. Green Lake is a small lake with a warm-water fishery. The mean value for total phosphoms is 9 ug/L, well below the allowable Provincial Water Quality Guideline of 20 ug/L and the mean water clarity is 6.50m, again well above the guideline of 2.0m (taken from the RVCA website). There is no indication in the dataset that this lake is under any stress due to development related factors and the lake is not sensitive to the potential increase in supply of nutrients from this additional residence. ,… 2

Page 30 of 88

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The existing older cottage established in the l 960s, is located very close to the water and aside from parking areas, the shoreline is natural with no established lawn area. Beyond the impacts

from the footprint of the cottage, an outbuilding and the parking area, the property has been maintained in a natural state.

The shoreline fronting the proposed new lot is relatively sparce of understory species; there are mature white pine and oak trees in the downslope area near to the lakeshore. Overall the soils are shallow with sandstone rock outcrop throughout. At a distance of >30m from the water there is a ’ level’ rock outcrop area suitable for a building envelope that would result in the least tree removal and at the same time provide for gravity drainage to a septic location(s) behind the building (see the graphic below). The sparce tree cover in this area is alder, ironwood, black and bur oak. One of the potential septic areas lays north of the access driveway to #l08. The last concern respects the habitats for species at risk. We discussed Blanding’s turtles and eastern rat snakes; both species are present and common in the area. During the site inspection, I pointed out several fissures in the granite rock outcrops north of the driveway; the areas are marked on the @aphic below. These areas are outside of the proposed building envelopes and do not pose a constraint with the proposal as it stands. The sites may however pose a constraint if the 3

Page 31 of 88

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development as a whole is relocated north of Sellars Lane. These crevaces have the potential to be hibernacula for rat snakes and should not be disturbed.

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If you have any questions in the a5ove regard, please feel free to give me a call.

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Page 32 of 88

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RIDEAUVALLEY TION AUTHORITY

3889 Rideau valley Drive, PO. Box 599, Manotick, ON KAM1A5 tel a13—e92—3571l 1-800257-3504 1 fax 613-692-0831 | www.rvca.ca

September 29, 2017 17-SFR-SEV (Bed) Township of South Frontenac Box 100 Sydenham, Ontario KOH 2T0

Attention: Jennie Kapusta Subject:

Application S-47-17-B in Part Lot 27-28 Concession 9, South F rontenac-Bedford Ward- 108 Sellers Lane (Green Lake)- Related—B35/91.

Dear Ms. Kapusta, Further to a site visit, the RVCA offers the following comments as relates to:

Section 2.1 Natural Heritage (wetlands) and 3.1 Natural Hazards (?ood and erosion hazards) of the Provincial Policy Statement under Section 3 of the Planning Act. Waterfront setbacks and best management practices and “Site Evaluation Guidelines” (2015) derived from the “Rideau Lakes Study" (1993); the Rideau Lakes Study considers the effects of development on phosphorous loading and the protection of recreational water quality on waterbodies within the Upper Rideau watershed. The goal is to protect recreational water quality and natural habitat. Maintaining existing setbacks and/or advocating for increased water setbacks based on site conditions, lake sensitivity and planning standards set out in the Zoning By Law and Official Plan of the Township are key considerations in this regard. The Rideau Valley Conservation Authority regulations under Section 28 of the Conservation Authorities Act, Rideau Lakes Subwatershed Report (Wolfe and Green Lake Catchment).

The Proposal The application proposes to sever the existing cottage (1.13 hectares) and right-of-way from the large parcel of waterfront property, retained parcel (43 hectares). The Progerty and Site Conditions The proposed severed parcel, on which the cottage resides immediately adjacent to the lake, has a gentle grade to the rear of the structure, septic and driveway. Upland of the cottage and current development and septic, the lot is relatively level. Waterfront slope west of the cottage and onto the proposed retained lot are more pronounced along the shore within 15 meres of the water (20-25%),

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slope then diminishing to level land adjacent to the access road, approximately 45-50 metres from the normal high water mark of the lake. Generally, the severed and retained lots have quite limited fast draining soil cover, particularly over the slope to the shore. Bedrock outcropping is the dominant feature. Vegetation is stable, drought tolerant, upland meadow in nature with scattered hardwood and white pine. Per the Ontario Lake Assessment Report (June 19, 2017), the site is not constrained by wetland or by unstable soil/slope conditions.

We note the OLA Report references Rat Snake hibernacula north and east of the proposed cottage, proposed driveway/right-of-way and septic locations. It appears that the access, marked as the “exiting gravel driveway” is actively used and appears to avoid the area identi?ed as Rat Snake hibernacula). For you information, our of?ce also notes that a neighbouring property owner has indicated that there may be Whip Poor Will habitat in the immediate vicinity.

On a more general perspective regarding local conditions, our recent Rideau Lakes Subwatershed Report “Wolfe and Green Lake Catchment Report" indicates that this lake has low nutrient concentrations, suitable depths of habitat for warm water fish species and good water clarity. As of 2015, there was no evidence of zebra mussels and little nutrient loading concern (also noted in the OLA Report). Data indicates that adequate sunlight is able to penetrate the water column to support aquatic life and provide suf?cient visibility for safe recreational use (i.e. boating, swimming) though water quality may degrade as the season progresses. The complete catchment report for the lake is available at wvvw.rvca.ca. There are no provincially significant wetlands in the immediate vicinity.

Discussion and Recommendations The Conservation Authority, in co-operation with the Township, encourages redevelopment to We do not object to the proposed severance of this existing developed parcel and right-of-way, with the following conditions: —

notice be provided such that there will be no additional site development or disturbance on the severed parcel which would aggravate the existing non-compliance, in accordance with the zoning by-law. Should new or additional development be proposed on this lot, we recommend for and would support the pursuit of such development to address or increase the current water setback for structures and disturbance.

it is con?rmed by way of site plan, that the proposed right-of-way location will not interfere with the ability to address the 30 metre water setback for development, site disturbance or servicing to meet the water setback. notification is provided that the shoreline of Green 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 new/proposed shorelinealteration requires prior approval from the RVCA.

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To note, we would support the 30 metre minimum setback standard on the retained lands for all new development and disturbance, save for a modest pedestrian path or stairway to the water and a modest dock (see attached Shoreworks Guideline). We also note that roof runoff is currently outlet directly to the lake via downspouts; we recommend that roof runoff be directed to the rear or upland area of the lot (not to the septic area) and/or rain barrels be installed at the spouts to lessen the nutrient and contaminant load from reaching the lake without treatment/in?ltration.

Lastly, the species-at—risk indications provided by Ontario Lake Assessment (Reg Genge) should be addressed by the Ministry of Natural Resources.

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 don’t hesitate to contact the undersigned should you have any questions. Yours truly,

: 92¢

. a

Martha Bradburn RVCA Environmental Planner

613 267 5353 X131 cc— K and L Phillips (theresearchguru@rogers.com)

-Zanderplan (tracy@zanderplan.com) -KFLA DHU (J. McGurn) -Ontario lake Assessment (rgenge@xp|ornet.ca)

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Legend

Phillips

Parcel Activity Parcel - Assesment Lot Regulation Limit 100yr Floodline Floodplain Area of Reduced Flood Risk Area of Shallow Flooding

Reg Limit Dominant Hazard Floodplain Geo-technical Hazard Limit Meander Belt Spill Line Stable-Toe Slope Top of Slope Unstable-Toe Slope Wetland

Regulated Wetlands RVCA Sub-Watersheds RVCA Catchments

Waterbody

4,513.99 229.3

Notes Parcel data is owned by Teranet Enterprises Inc and its suppliers. All rights reserved. May not be reproduced without permission.

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162.1

0

81.07

162.1

Meters

© Rideau Valley Conservation Authority

Map created: 5/3/2018

Map produced by RVCA, under License with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2016. This map is the property of the RVCA, and the RVCA holds a copyright on them. These maps may be copied or reproduced, provided that the RVCA is properly acknowledged as the original source of the information and provided that no fee is charged (other than to cover handling charges). The RVCA cannot guarantee the accuracy of the mapping for all possible uses. End-users of the information contained herein must therefore determine if the information is of suitable accuracy for their purposes

1: 3,191.84 Map Projection: WGS_1984_Web_Mercator_ Auxiliary_Sphere

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Report Date: June 12, 2018 Application No: Owner: Location of Property:

MV-11-18-S Tim Greenlees Concession 1, Lot/Part Lot 52, 1015 Sandpiper Lane, District of Storrington, Township of South Frontenac Purpose of Application: To vary sections 5.10.2 and 5.11 of the Comprehensive Zoning By-law 2003-75 to permit an increase in footprint and an increase in living space to an existing dwelling within the 30 metre setback from water Date of Hearing: June 14, 2018

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the minor variance to permit a reduction in interior side yard be considered for passage.

BACKGROUND This item was originally brought to the Committee in June 2018 but was deferred due to a lack of comments from Cataraqui Region Conservation Authority and to give the Committee members time to evaluate the Environmental Impact Assessment and address questions regarding exactly what the proposal included. The subject land consists of a 1.82 +/- acre parcel with frontage on Sandpiper Lane and Loughborough Lake. The property is currently developed with a single dwelling and detached accessory buildings. The proposal is for the partial demolition of the existing dwelling, then the reconstruction and enlargement of this dwelling. The enlargement proposed includes an increase in building footprint, the addition of a full basement under the current sunroom area (east end of dwelling) and cabin portion (west end of dwelling) which would tie into and be accessible from the existing basement area under the central portion of the dwelling and an increase in height as part of the reconstruction of the roof to unify the rooflines. There would be an increase in footprint of approximately 670 square feet and a height increase of approximately 8 feet. All of these increases would be on the sides and back (non-water side) of the existing dwelling and there would be no farther encroachment into the 30 metre setback than the existing dwelling. The applicant has submitted a preliminary Environmental Impact Assessment (EIA) completed by Ontario Lake Assessments as the development is located on the West Basin of Loughborough Lake which is designated as an At Capacity Lake Trout Lake. The Township requires and EIA for all development proposals on At Capacity lakes. This EIA includes a number of recommendations for mitigation measures which will limit the environmental impact of the proposed reconstruction. The applicant shall be required to enter into a site plan agreement as a condition of approval which will incorporate these recommendations, should the Committee approve the application. The Planning Department is able to support the application as submitted. 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:

  1. Is the minor variance desirable for the appropriate development or use of the land, building or structure?
  2. Is the general intent and purpose of the official plan maintained?
  3. Is the general intent and purpose of the zoning by-law maintained?
  4. 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 Cataraqui Region Conservation Authority has visited the site and has no objection to the application provided that the recommended mitigation measures contained in the preliminary EIA are implemented through site plan control and this is added as a condition of approval to the minor variance. Page 37 of 88

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Comments were not required from Public Works or KFL&A Public Health. The building department has no objections.

CONDITIONS

  1. This minor variance is for the reconstruction and enlargement of an existing dwelling within the 30 metre setback from water, located at 1015 Sandpiper Lane. This minor variance permits a maximum 675 square foot footprint increase, a maximum 8 foot height increase. The increases are to be located on the sides and rear of the dwelling and shall not encroach any farther into the 30 metre setback.
  2. Minor variance MV-10-18-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
  4. 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. This site plan agreement will include the mitigation measures contained in the preliminary EIA by Ontario Lake Assessments dated June 12,

ATTACHMENTS Map of Greenlees Property Submitted/Approved by:

Prepared by: Jennie Kapusta

Page 38 of 88

µ

N SA

ER IP P D

N LA

E

Loughborough Lake

GREENLEES MV-11-18-S

Legend Greenlees Proposed Rebuild

1015 Sandpiper Lane

Greenlees Property

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.

LARK LANE

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DA CE

R

DG RI

ES

NE LA

Scale 1:800 0

4

8

16

24

UTM Projection NAD 83

32 Meters

QLA 12

Xi

Ontario Lake Assessments

RR#3 Harrowsmith Ontario KOH IVO

& Environmental Education Services

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

018

Township of South Frontenac 4432 George Street Boxl00

SYDENHAM, Ontario KOH 2T0

Attention: Lindsay Mills, Planner / Deputy Clerk REGARDS: Preliminary EIA - Application for Minor Variance - MV-11-18-S; Tim Greenlees 1015 Sandpiper Lane - Part of Lot 52, Block B; Registered Plan 716; South Frontenac Township; (Storrington District) - Loughborough Lake (West Basin) Degr Mr. Mills:

A site visit was conducted to the above location on June 9’h, 2018 at the above noted address. This residence is located on the southwest basin of Loughborough Lake, the highly sensitive at capacity designated lake trout basin. The building is a permanent all season home with both brick and wood siding, complete with decks (lake side) and brick patio on the south side, away from the lake. The main (newer) stmcture is attached to a former wooden frame ‘cabin/cottage’ on the west end. The entire stmcture lays within the 30m setback from the high water mark (HWM); the cabin/cottage portion is 16.2 m (53’) from the HWM and the existing deck is 10.1 m (33 ‘) from the HWM. The septic system is located easterly on the lot at a distance of about l 5m (50 ‘) from the water. There does not appear to be space for a conventional (present building code) sized bed between Sandpiper Lane and the shoreline; neither the residence nor the septic bed meet the cwent day standard of 30 metres for setback from the water; there is a lawn maintained over the indicated septic area. The Proposal: The proposal can be considered in four distinct parts: 1) demolition and re-building of the

cabin/cottage portion, 2) expansion of the footprint of the garage from a 1 v2 car garage to a two car garage on the south side, 3) extension/expansion of the basement and main stmcture on the south side of the residence and 4) demolition and re-building of the screened-in sumoom portion over a new expanded basement and extension/expansion of this portion easterly by approximately 0.3 m (1 ‘). All of this proposed work is well within the 30m setback from the HWM. Part l: The proposal is to demolish the ‘cabin/cottage’ portion and realign the foundation for the cabin/cottage portion parallel and aligned with the front of the main structure and then re-build the cabin portion with a complete new basement. This can be achieved with no increase in size of the footprint of the cabin/cottage area; the rebuild will be a single storey with access from inside to the basement portion of the existing basement and the main floor portion will serve as a bedroom.

Part 2: The proposal includes the expansion of the footprint of the garage from a l ‘2 car garage to a two car garage on the south side away from the lake; this will result in an increased width of the 2

Page 40 of 88

-2Genge to Mills PEIA Greenlees

garage from 5.5m (1 8’) to 7.3m (24’). The l .8m (6’) extension will occur over an existing flower bed and will require the removal of two small trees, a red cedar and a spmce. This will result in an increase in size of the footprint of the garage area; this occurs on the side furthest from the lake but still within 30m of the HWM.

Part 3 : The proposal includes removal of the interlocking brick patio and extension/expansion of the basement and main structure on the south side of the residence in the area of the brick patio. This will result in an increase in the size of the footprint of the structure but it occurs over or replaces the interlocking brick patio; this occurs on the side furthest from the lake but still within 30m of the HWM.

Part 4: The proposal includes the demolition of the screened-in sunroom on the east end. At present the sunroom portion does not have a basement; it is accessible from/at the main floor level of the residence; it stands on timbers on cottage-block footings. The proposal includes the excavation of a basement under this portion to connect with the existing basement and extension/expansion of the main structure easterly by approximately O.3 m (l ‘). This will result in an increase in the size of the footprint of the structure along the east wall (including the expanded portion discussed under part 3. This occurs on the east side closer to the lake and still within 30m of the HWM. The outcome of this proposed renovation is an increase in area of the footprint but U!!!.L!! increase in usage; at present there are four bedrooms (3 in the basement and l on the main floor), after the renovations are completed there will still be four bedrooms (2 in the basement and 2 on the main floor). The overall result of this is no net increase in nutrient loading to the septic bed. Background:

There is a long history of management efforts by both the Ontario Ministry of Natural Resources and Forestry (OMNRF) and the Ontario Ministry of Environment and Climate Change (OMECC) to manage a lake trout fishery in Loughborough Lake. One aspect of that management effort is to protect the existing water quality for the survival of the lake trout population. The main concern with respect to water quality is the migration of nutrients, particularly phosphoms, from the land to the water. Phosphoms loadings to the lake increase with human disturbance near the lake such as the removal of the natural shoreline vegetation (trees and understory) within 30m of the water, the installation of lawns and of course the migration of nutrients away from septic systems. The nutrient loading from septic systems increases with increased use; when cottages are converted to year round use the supply of nutrients to a septic bed increases proportionally to the number of person-days of occupancy. Increased phosphoms concentrations in the lake cause increased algal growth in the water column and a decrease in oxygen levels in the deep water portions of the lake. The decline in oxygen levels

3

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-3Genge to MiHs PEIA Greenlees

can become critical to the management of lake trout populations. Loughborough Lake has been modelled using the Ontario Lake Capacity Model; this model predicts how a Iake will respond to changes in nutrient supply. Loughborough Lake (West Basin) was determined to be highly sensitive using this methodology; it was classified as such in the joint MOE/MNR report ‘Inland Lake Trout Management in Southeastern Ontario (January 1993); it is identified in the Official Plan (OP) for South Frontenac Township as highly sensitive. Since the writing of the OP, the

MOECC has collected more recent field data (August 30’h, 2005) and have also applied a more restrictive oxygen objective in the re-evaluation of Loughborough Lake; the result supports the highly sensitive category and the lake is now designated aat capacity’. This designation does not allow for the creation of new lots and places very strict development standards on existing vacant lots of record as well as all re-development. The objective of the designation is to prevent any new source of nutrient supply to the lake. Re-development may be undertaken using the best management practices that can be achieved for the location; in some circumstances development may not be accommodated at all. The nutrient loading to the lake from this residence is recognized/cormnitted and factored into the lake impact assessment. Environmental Site Evaluation:

The site southerly on the property contains impacted forested area with culturally cleared / fragmented areas to accommodate Cedar Ridge Lane and Sandpiper Lane as well as private driveway and parking sites. The property slopes sharply from Cedar Ridge Lane (148m ASL) to Loughborough Lake level (125 m ASL). The challenging topography and cultural additions to the site, like Sandpiper Lane, become the controlling factors on the property and there is no opportunity for either increased setbacks or re-locations of buildings and or septic systems. Further to the discussion under the heading background above, total phosphorous (TP) values for this basin place it in the oligotrophic category, lakes that are typically, deep, nutrient poor and well oxygenated. Phosphorous levels in this basin have declined modestly since 2002 (Lake Partner Program - MOECC Dorset Research Centre). The setback requirements for the OP and Zoning By-law for new development cannot be achieved with this application and therefore triggers the need for the minor variance application. None of the proposed renovations or additions are any closer to the lake with the exception of the O.3m extension on the east end. There will be no increase in nutrient loading to the septic bed because human usage from will not increase; it is a four bedroom residence now and will remain a four bedroom residence once renovations are completed.

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-4Oenge to Mills PEIA Greenlees

Environmental Considerations:

Is the proposed development/work: 1 ) In or near a Provincially Significant Wetland or a Coastal Wetland? - No. The Loughborough Lake PSW is about one lan to the west. 2) In or adjacent to a Regionally Significant Wetland? - No. 3) In or adjacent to an Un-evaluated Wetland? - No. 4) In or adjacent to an Area of Natural or Scientific Interest (ANSI)? - No. 5) In or near the habitat(s) of Species at Risk? - No. The area of the entire proposal is culturally compromised and no habitats for species at risk were observed.

  1. In or near Significant Wildlife Habitat? - No. The area of the entire proposal is culturally compromised and no significant wildlife habitat is present.
  2. In or near or within 120m of a sensitive lake? - Yes. Loughborough Lake is designated ‘at capacity’, however this proposal does not result in an increase in nutrient loading to the existing septic system. In sensitive fish habitat? - No.

Loughborough Lake contains many fish species including large and small mouth bass, centrachids and a stocked lake trout population. Active spawning redds were observed near shore in front of the residence. None of this proposal requires in-water construction. 9) In or adjacent to a significant woodland? - No. 10) In or adjacent to a significant valleyland? - No. Based on the above considerations it is my position that a more detailed Enviromnental Impact Statement is not required. Recommendations:

  1. A silt curtain be installed down gradient from the residential footprint across the entire water frontage. The silt curtain is to be cut into the sod and is to be installed prior to commencement of any construction and remain in place until all work is completed.

  2. All excavated rock and overburden removed from the footprint must be removed from the site at the time of excavation and stored or disposed of off-site; no excavated materials are to be stored below the elevation of Cedar Ridge Road due to the severe slopes involved.

  3. No excavation materials of any kind can be used as fill between the construction and the lake.

  4. There can be no disturbance of the natural soil mantle between excavation for the basement and the lake.

s

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-5Genge to Mi)ls PEIA Greenlees

  1. Backfill next to the new basement walls should be new clean cmshed rock from a local quarry.

  2. All building materials and wrapping materials should be stored safely away from the lakeshore and secured to prevent wind blowing it into the lake. This PEIA deals only with environmental issues; from an environmental perspective the proposal is minor and therefore should be approved on that basis. If you have any questions in the above regard, please feel free to give me a call. Respi

,ours,

V

% d Genfe B.Sc. Ont?‘ario Lake Assessments

3654 Stage Coach Road RR#3

HARROWSMITH, Ontario KOH ?VO

rgenge@,xplornet.ca 613-305-3863

Copy to: Mr. Tim Greenlees 3287 Four Seasons Drive

Inverary, Ontario KOH ?XO

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Page 45 of 88

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Ms. Jennie Kapusta (MV-11-18-S) July 4, 2018

Staff have no objection to the approval of application MV-11-18-S provided that the recommended mitigation measures contained within the preliminary EIA are implemented through site plan control and that this is added as a condition of approval to the minor variance. Ontario Regulation 148/06

The CRCA, under Ontario Regulation 148/06: Development, Interferencewith Wetlands, and Alterations to Shorelines and Watercourses, regulates development (construction, ?lling, and site alteration) within 15 metres of a valley land. The valley of Loughborough Lake is considered to extend inland to the top of the slope. It appears that the proposed development is within the valley lands of Lougborough Lake, and therefore, a CRCA permit will be required for the proposed development. The applicant will be required to contact the undersigned at the building permit stage for more information regarding permitting requirements under Ontario Regulation 148/ 06. Please notify this office of any decision made by the Committee of Adjustment with regard to this application. If you have any questions, please contact Andrew Schmidt at (613) 546-4228 extension 244 or by email at aschmidt@crca.ca.

Yours truly,

Andrew Schmidt, C.Tech. Supervisor, Development Review

c.c.

Tim Greenlees, 3287 Four Seasons Drive, Inverary, ON, KOH 1X0

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General Notes:

Existing Deck

Covered Deck Dn

Dining Up

Living Room

Cl Guest Br

(vaulted ceiling)

Mud Rm

Cl

Dn D

Bath

Master Bedroom

Fireplace

Patio door

W

W.I.C.

F

Dn Kitchen

Bench

Dn Foyer

Ensuite Cl

Sh Tub

Garage Covered Porch

Ground Floor Plan

3 2

issued for permit

1

Issued for minor variance

May10/18

Dotted line indicates existing condition

Proposed Addition & Renovations for Tim Greenlees 1015 Sand Piper Lane Inverary , Ontario

Ground Floor Plan A-1 As noted

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General Notes:

Patio door

Patio door Wood stove

Bath Up Sh

Bedroom

Family Room

Patio door Sewage pump

Bedroom

Bedroom

Dn Furnace

Lower Hall

Cl

Up

Mechanical Rm Storage Central vac

Sink

Hwt

Elect. panel

Cl

Crawl Space

Backfill Backfill

3 2

issued for permit

1

Issued for minor variance

May10/18

Proposed Addition & Renovations for Tim Greenlees 1015 Sand Piper Lane Inverary , Ontario

Basement Floor Plan A-2 As noted

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General Notes:

Finish Garage Floor 132.84

Finish Ground floor

South Elevation Scale 1/4"=1’-0"

3 2

issued for permit

1

Issued for minor variance

May10/18

Proposed Addition & Renovations for Tim Greenlees 1015 Sand Piper Lane Inverary , Ontario

North Elevation

Elevations

Scale 1/4"=1’-0"

A- 3 As noted

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General Notes:

Finish Garage Floor

133.29 Finish Ground floor

132.84

131.76

East Elevation Scale 1/4"=1’-0"

Finish basement Floor 129.63

129.53

Frame Deck

129.35

Finish Grade

3

133.29 132.84

2

issued for permit

1

Issued for minor variance

May10/18

Finish Garage Floor

Finish Ground floor

Proposed Addition & Renovations for Tim Greenlees 1015 Sand Piper Lane Inverary , Ontario

West Elevation

Elevations

Scale 1/4"=1’-0"

A- 4 As noted

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: July 29, 2018 Application No: Owner: Location of Property:

S-55-18-P Glenn and Ann Babcock Concession 2, Pt. Part Lot 8, Yarker Road, District of Portland, Township of South Frontenac Purpose of Application: Consent to create a lot addition Date of Hearing: July 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 19.9 +/- acres with frontage on Yarker Road and Quinn Road West. The land is currently vacant. The proposal is for the creation of a 2.8 +/- acre lot addition to 3802 Yarker Road. This lot addition will serve to increase the size of an undersized lot of record and bring it into conformity with the current by-law. 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 KFL&A Public Health, Public Works and Cataraqui Region Conservation Authority were not required.

CONDITIONS

  1. 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)].
  2. The land to be severed by Consent Application S-55-18-P shall be for the creation of a 2.8 +/acre lot addition only to 3802 Yarker Road (PIN 361350012).
  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)].

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT ATTACHMENTS Map of Babcock property. Submitted/approved by: Lindsay Mills

Prepared by: Jennie Kapusta

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BABCOCK S-55-18-P

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Legend

d oa R r

Elliot Property Babcock Property

Retained Parcel

Babcok Proposed Lot Addition

AD

Proposed Lot Addition Parcel

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

3825 Yarker Road

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

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Lot to be Enlarged (3802 Yarker Road)

Scale 1:3,388 0

15

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60

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120 Meters

UTM Projection NAD 83

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: June 29, 2018 Application No: Owner: Location of Property:

S-56-18-P Homer and Nora Card Concession 13, Pt. Part Lot 15, First Lake Road, District of Portland, Township of South Frontenac Purpose of Application: Consent to create new lot Date of Hearing: July 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 97.5 +/- acres with frontage on First Lake Road. The land is currently developed with a single detached dwelling and detached accessory buildings. The proposal is for the creation of a 10 +/- acre new lot, with frontage on First Lake Road. The retained parcel would be approximately 87.5 +/- acres in size and will encompass all existing structures. The planning department is able to support the application. 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. Public Works has no objections. KFL&A Public Health have no objections. Comments from Quinte Conservation Authority were not required.

CONDITIONS

  1. 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)].
  2. The land to be severed by Consent Application S-56-18-P shall be for the creation of a 10 +/acre new lot with frontage on First Lake 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 valued of the parcel to be severed through Consent Application S-56-18-P, in lieu of parkland [Planning Act, s. 51(1)]. Page 56 of 88

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 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-58-18-P.

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

Prepared by: Jennie Kapusta

Page 57 of 88

µ

4632 Snider Road 6899 First Lake Road CARD S-56-18-P

Legend

ROAD FIRST LAKE

Proposed Lot

Card Property Card Proposed Lot

Retained Parcel CA

RD

LA N

E

6808 First Lake Road

Black Lake

RATH

BURN

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.

LANE

Page 58 of 88

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6724 First Lake Road

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: July 29, 2018 Application No: Owner: Location of Property:

S-57-18-S Victoria Webster Concession 10, Pt. Part Lot 11, Battersea Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create new lot Date of Hearing: July 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 25.5 +/- acres with frontage on Battersea Road; however, approximately 18.2 acres of the property is actually covered by a large pond. The land is currently developed with a single detached dwelling and detached accessory buildings. The proposal is for the creation of a 3.8 +/- acre new lot, with a minimum of 50 metres of frontage on Battersea Road. The retained parcel would have approximately 67 metres of frontage on Battersea Road and would encompass all existing structures. These proposed frontages are less than the normally required 76 metres of frontage for new lots but as they are located within the hamlet boundary of Battersea the Official Plan allows for reduced frontages within designated Settlement Areas. One of the conditions of approval will be to rezone both the severed and retained parcels to special Urban Residential – First Density zones to reflect the reduced frontages. The planning department is able to support the application. Current Zoning: Urban Residential – First Density (UR1) 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. Public Works has no objections. KFL&A Public Health have no objections. Comments from Cataraqui Region Conservation Authority have yet to be received.

CONDITIONS

  1. 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)].
  2. The land to be severed by Consent Application S-57-18-S shall be for the creation of a 3.8 +/acre new lot with a minimum of 50 metres of frontage on Battersea 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.

Page 60 of 88

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 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 valued of the parcel to be severed through Consent Application S-57-18-S, 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-57-18-S.

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

Prepared by: Jennie Kapusta

Page 61 of 88

rsea Roa d

WEBSTER S-57-18-S

Batte

Legend Webster Property

5453

Webster Proposed Lot

544 5

Proposed Lot

Ba tte r sea

Ro ad

µ

Retained Parcel

5419 Battersea Road

A SE R E TT BA

RO

AD

5426 Battersea Road

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

Page 62 of 88

5412 Battersea Road

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µ ORSER S-58-18-P

4677 B ellrock Road

4666 Bellrock Road BEL LRO C

K RO

AD

Legend

4646 Bellrock Road

Orser Property Orser Propsed Lot Provincially Significant Wetlands

Proposed Lot

Wetland

4657 Bellrock Road

Retained Parcel

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 64 of 88

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: June 29, 2018 Application No: Owner: Location of Property:

S-58-18-P David Orser Concession 10, Pt. Part Lot 14, Bellrock Road, District of Portland, Township of South Frontenac Purpose of Application: Consent to create new lot Date of Hearing: July 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 50 +/- acres with frontage on Bellrock Road. The land is currently developed with a single detached dwelling and detached accessory buildings. The proposal is for the creation of a minimum 2.0 +/- acre new lot, with a minimum of 76 metres of frontage on Bellrock Road. The proposed new lot would encompass all existing structures. The retained parcel would be approximately 48 +/- acres in size. The planning department is able to support the application. 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. Public Works has no objections. Comments from Quinte Conservation Authority and KFL&A Public Health were not required.

CONDITIONS

  1. 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)].
  2. The land to be severed by Consent Application S-58-18-P shall be for the creation of a minimum 2.0 +/- acre new lot with a minimum of 76 metres of frontage on Bellrock Road and encompass the dwelling located at 4657 Bellrock 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 valued of the parcel to be severed through Consent Application S-58-18-P, in lieu of parkland [Planning Act, s. 51(1)]. Page 65 of 88

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 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.

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

Prepared by: Jennie Kapusta

Page 66 of 88

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: July 6, 2018 Application No: Owner: Location of Property:

S-60-18-S, S-61-18-S, S-62-18-S Lawrence and Annette Foster Concession 4, Pt. Part Lot 24, Round Lake Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create two new lots and a lot addition Date of Hearing: July 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 and a lot addition be considered for passage.

BACKGROUND The subject lands consist of 88 +/- acres with approximately 310 metres of frontage on Round Lake Road. The land is currently developed with multiple agricultural buildings but no livestock facilities. The proposal for S-60-18-S is for the creation of a minimum 2.0 +/- acre new lot, with a minimum of 85 metres of frontage on Round Lake Road. The proposal for S-61-18-S is for the creation of a minimum 2.0 +/- acre new lot, with a minimum of 85 metres of frontage on Round Lake Road. These new lots would be located in what is currently a hay field and the rear lot lines will follow an existing tree line. They would be located in line with five existing similar sized residential lots along Round Lake Road. The proposal for S-62-18-S is for the creation of a 1.3 +/- acre lot addition to 3298 Round Lake Road. This lot addition would have approximately 41.5 metres of frontage on Round Lake Road; 10 metres on the west side of 3298 Round Lake Road and 31.5 metres on the east side. This lot addition would enlarge an existing undersized lot and bring it into conformity with the by-law; additionally, it will allow the Fosters to retain direct access to the fields behind the newly created lots. The retained parcel would be approximately 82.5 +/- acres in size and would retain all existing structures. The planning department is able to support the application. 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. Public Works has no objections. KFL&A Public Health has visited the proposed lots and have no objections. Comments from Cataraqui Region Conservation Authority were not required.

CONDITIONS

  1. 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)].
  2. The land to be severed by Consent Application S-60-18-S shall be for the creation of a minimum 2.0 +/- acre new lot with a minimum of 85 metres of frontage on Round Lake Road.

Page 67 of 88

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 3. The land to be severed by Consent Application S-61-18-S shall be for the creation of a minimum 2.0 +/- acre new lot with a minimum of 85 metres of frontage on Round Lake Road. 4. The land to be severed by Consent Application S-62-18-S shall be for the creation of a 1.3 +/acre lot addition only to 3298 Round Lake Road (PIN 362910343). This lot addition shall have 30.5 metres of road frontage on the east side of 3298 Round Lake Road and 10 metres of road frontage on the west side of 3298 Round Lake Road. 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-60-18-S and S-61-18-S, in lieu of parkland [Planning Act, s. 51(1)]. 8. The Township of South Frontenac shall receive $100, in lieu of parkland [Planning Act, s. 51(1)] for the parcel to be created through Consent Application S-62-18-S. 9. 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. 10. 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 each of the parcels severed through Consent Applications S-60-18-S and S-61-18-S.

ATTACHMENTS Map of Foster property. Submitted/approved by: _________________

Prepared by: Jennie Kapusta

Page 68 of 88

µ

Retained Parcel

3248 Round Lake Road Lot to be Enlarged

FOSTER S-60-18-S S-61-18-S S-62-18-S

3236 Round Lake Road

Legend

S-60-18-S

Foster Property

S-61-18-S Proposed Lot (2 acres)

3298 Ro und Lake Ro ad UN RO

S-60-18-S Proposed Lot (2 acres)

AKE DL

RO

S-62-18-S Lot Addition

AD

3326 R o

und Lak

e Road

S-61-18-S

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 69 of 88

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9% §§cLH§:..t.. http://www.k?aph.ca

CONSENTTO SEVER

Environmental Health Department Receipt No

File Number: S-60-18-S (lot 1) Owner(s): Lawrence & Annette Foster

Ward / Former Tow nshlp: Storrington

Mun cipalitv:

South Frontenac 24

Plan of Subdivision:

Part(s),

Registered Plan: 14575

Concession 4

Lot

General Description (existing buildings, surface features, slopes, s e service '

Severed:

ter and sewage,

Sublot:

etc)

-Sloped ?eld -Same rock outcrops

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

Depth of Soll

Severed

0.0 m 0.3 m 0.6 m 0.9 m 1.2 m 1.5 m Percolation rate (estimated):

Percolation rate (estimated):

50

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

Suitability for on-site sewage disposal:

SEVERED [7

Conditions:

Satisfactory Unsatisfactory

Soil conditions found on the lot will require additional suitable granular soil to construct a sewage disposal system. Speci?c requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to site development. The proposed lot is capable of providing flexibility in siting a sewage disposal system, dependent on the proposal submitted through an Application to Construct a Sewage System. -Ensure septicjsrplaced in area with a minimum of 10 inches of soil over rock

V

Site Flexible Site Spec f

RETAINED

Conditions:

Satisfa ctory Unsatisfactory Site Flexible Site Specific

Inspector: Miranda lezzi CPH|(C), Public Health Inspector

Date: June 26 2018

Approved‘

.

x

PLEASEFORWARD A COPYOF THE NOTICEOF DECISION TO KFL&APUBLICHEALTH. Personal information on this form is collected under the authority of the Building Code Act, and willbe 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.

Page 70 of 88

0% §EcH§;.th http://www.k?aph.ca

Environmental Health Department Receipt No

File Number:

C NSENT TO SEVER O IN S

S-61-13-S (Lot 2)

0wner(s):

Lawrence & Annette Foster Ward I Former Tow nship: Storrington

Mun cipality:

South Frontenac Registered Plan: 14575

Concession 24

Lot

4

Part(s),

Plan of Subdivision:

Sublot:

General Description (existing buildings, surface features, slopes, s e services or we er and sewage, etc)

Severed:

-Sloped ?eld -Many rock outcrops

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

Depth of Soil

Severed

Clay Rock

Retained

0.0 m 0.3 m 0.6 m 0.9 m 1.2 m 1.5 m Percolation rate (estimated):

Percolation rate (estimated): >50

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

Suitability for on-site sewage disposal:

SEVERED

Conditions:

Satisfactory

Unsatisfactory Site Flexible Site Specif c

RETAINED

Soil conditions found on the lot will require additional suitable granular soil to construct a sewage disposal system. Speci?c requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to site development. The proposed lot is capable of providing flexibility in siting a sewage disposal system, dependent on the proposal submitted through an Application to Construct a Sewage System. -Ensure a minimum of 10 inches of soil cover over rock for septic area -Closer to the road may be better location for septic as soil cover appears to be more

Conditions:

Satisfactory Unsatisfactory Site Flexible Site Specific

Inspector: Miranda Iezzi CPHl(C),Public Health Inspector

Approved:

. (A

Date: June 26 2018

TO KFL&A

Page 71 of 88

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: July 6, 2018 Application No: Owner: Location of Property:

MV-14-18-S John and Adrienne MacLean Concession 1, Lot/Part Lot 19, 1040 Lark Lane, District of Storrington, Township of South Frontenac Purpose of Application: To vary sections 5.10.2 and 10.3.1 of the Comprehensive Zoning By-law 2003-75 to permit the enlargement of an existing dwelling within the 30 metre setback from water Date of Hearing: June 14, 2018

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

BACKGROUND The subject land consists of a 0.64 +/- acres, with approximately 80 feet of frontage on Loughborough Lake and frontage on both Lark Lane and Cedar Ridges Lane. The topography of the lot is steeply sloped away from Loughborough Lake with retaining walls in place to support this slope. As a result there is limited opportunity for an increase in setback from the water. The property had a 784 square foot footprint cottage plus an 8 foot wide deck along the water side of the cottage. The deck is located 5.25 feet from Loughborough Lake at its closest point. The applicants obtained a building permit for the reconstruction of the foundation and reconstruction of the roof structure; these improvements did not require minor variance approval. When the building inspector visited the site to inspect the footings for the new foundation it was discovered that the existing cottage had been demolished and removed from the site. The applicants claimed that once the cottage had been raised and the roof structure removed for reconstruction, that the walls of the cottage fell down and required removal. No demolition permit had been obtained for this work. The building department instructed the property owners to cease work and consult with the planning department for approval prior to the continuation of any construction. The proposal is for the reconstruction of the cottage on the existing footprint, plus the addition of a second story to increase the usability of the cottage. This would result in a total of 1568 square feet gross floor area. The proposal also includes the reconstruction of the existing deck on the same footprint. As the West Basin of Loughborough Lake is designated as an At Capacity Lake Trout Lake the applicants have submitted a preliminary Environmental Impact Assessment (EIA) completed by Ontario Lake Assessments which was favourable to this proposal. This EIA contains a number of recommended mitigation measures which will serve to limit the environmental impact of the reconstruction. Should the Committee approve the application the applicants shall be required to enter into a site plan agreement as a condition of approval which will contain these recommendations as requirements for construction. The Planning Department is able to support the application as submitted. 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:

  1. Is the minor variance desirable for the appropriate development or use of the land, building or structure?
  2. Is the general intent and purpose of the official plan maintained?
  3. Is the general intent and purpose of the zoning by-law maintained?
  4. 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. Page 72 of 88

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

KFL&A Public Health have no objections. Cataraqui Region Conservation Authority has visited the site and evaluated the preliminary EIA submitted by the applicants. They have no objections to the proposal provided that the recommended mitigation measures contained within the preliminary EIA are implemented through site plan control and that this is added as a condition of approval to the minor variance. The building department has no objections to the proposal provided planning approval is obtained.

CONDITIONS

  1. This minor variance is for the construction of a maximum 785 square foot footprint, two story dwelling, no basement permitted; plus the reconstruction of the existing deck on the existing footprint, no increase in size permitted, to be located a minimum of 5.25 feet from the high water mark of Loughborough Lake.
  2. Minor variance MV-14-18-L is applicable only to 1040 Lark Lane.
  3. Minor variance MV-14-18-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  4. 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.
  5. 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. This site plan agreement will include the mitigation measures contained in the preliminary EIA by Ontario Lake Assessments dated July 4, 2018.

ATTACHMENTS Map of MacLean Property Submitted/Approved by:

Prepared by: Jennie Kapusta

Page 73 of 88

µ R LA

Loughborough Lake

K

N LA

E

MACLEAN MV-14-18-S

1022 Lark Lane

Legend MacLean Cottage MacLean Property

1030 Lark Lane

1040 Lark Lane

1046 Lark Lane

1048 Lark Lane

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 74 of 88

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5

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0

LJ

Ontario Lake Assessments

RR#3 Hgrrowsmith Ontario KOH IVO

& Environmental Education Services

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

28 June 2018

Township of South Frontenac 4432 George Street Box 100

SYDENHAM, Ontario KOH 2T0

Attention: Jennie Kapusta; Planning Assistant REGARDS: Preliminai7 EIA - Application for Minor Variance - MV-14-18-S; John and Adrienne MacLean; 1040 Lark Lane - Concession 1; Lot 19, Block A; Registered Plan 544; Survey Plan 13Rl7004 (Hopkins & Cormier 2003); South Frontenac Township; (Storrington District) - Loughborough Lake (West Basin)

Dear Jennie Kapusta: Introduction:

A site visit was conducted with the contractor, Barry Sullivan, to the above location on June 25’h, 2018 at the above noted address. This residence is located on the southwest basin of

Loughborough Lake, the highly sensitive at capacity designated lake trout basin. In addition to the observations made during the site visit, I have reviewed the MV application, the 2003 Hopkins and Corrnier survey Plan 1 3Rl 7004, the building concept designs (Atkinson Home Hardware - June 15, 2018) and a hand-drawn sketch with measurements of the lot layout. The former building has been demolished (see pictures below); the lakeside deck and side deck are all that remain of the original building; forms are in place in preparation to pour footings for the new building. Mr. Sullivan indicated that the prepared footings are exactly the same dimensions as the original building and that the building concept design measurements are accurate and the same size as the original building. The MV application incorrectly indicated a building area of 720ft2 (exclusive of the attached deck) while the correct area is actually 783.3 ft2 ((22.5 ' x 36.9’) - (6.67’ x 7’)) = 783.3 ft2 (exclusive of the attached deck). The entire building envelope lays within the 30m setback firom the high water mark (HWM); the front of the remaining/existing deck is only 1.60 m to 3.35m (5.25’ to 11 ‘) from the HWM (based on sketch measurements and the front deck width of 2.44m (8.O ft)). The septic system is reported to consist of a holding tank, located easterly on the lot at a distance of about 27.4 m (90’) from the water; there is a pump-out port on top of the tank. The tank is located at the elevation of Lark Lane and requires effluent to be pumped from the proposed residence up to that elevation.

RECEIVED 2

JUN 2 9 2018 TOWNSHIP OF

SOUTH FRONTENAC

PLANNING DEPARTMENT

Page 75 of 88

-2Genge to Kapusta PEIA MacLean

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Figure 1- Southwesterly exposure

The Proposal:

The proposal is to demolish the main building (already done) and re-build a new stmcture on exactly the same footprint. The new building will be 1-l/2 storey high and therefore will have increased floor space; the renovation results in the three small bedrooms on the main floor being relocated to the upstairs level. There will be no excavation of a basement; there will be a crawlspace under the northeast end of the stmcture to accommodate a pressure system and sewage pump etc. All of this proposed work is well within the 30m setback from the HWM. All of this re-building will be achieved with no increase in size of the footprint of the original cottage area. The outcome of this proposed re-build is an increase in livable space but !!!9!L!!!! increase in usage; originally there were three bedrooms and a very small living space on the main floor, after the renovations are completed there will still be three bedrooms only all will be on the second floor. The overall result of this is no net increase in use and therefore no increase in nutrient

loading to the holding tank.

3

Page 76 of 88

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Page 77 of 88

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Background:

There is a long history of management efforts by both the Ontario Ministry of Natural Resources and Forestry (OMNRF) and the Ontario Ministry of Environrnent and Climate Change (OMECC) to manage a lake trout fishery in Loughborough Lake. One aspect of that management effort is to protect the existing water quality for the survival of the lake trout population. The main concern with respect to water quality is the migration of nutrients, particularly phosphorus, from the land to the water. Phosphoms loadings to the lake increase with human disturbance near the lake such as the removal of the natural shoreline vegetation (trees and understory) within 30m of the water, the installation of lawns and of course the migration of nutrients away from septic systems. The nutrient loading from septic systems increases with increased use; when cottages are converted to year round use, the supply of nutrients to a septic bed increases proportionally to the number of person-days of occupancy. Increased phosphoms concentrations in the lake cause increased algal growth in the water column and a decrease in oxygen levels in the deep water portions of the lake. The decline in oxygen levels can become critical to the management of lake trout populations. Loughborough Lake has been modelled using the Ontario Lake Capacity Model; this model predicts how a lake will respond to changes in nutrient supply. s

Page 78 of 88

-5Genge to Kapusta PEIA MacLean

Loughborough Lake (West Basin) was determined to be highly sensitive using this methodology; it was classified as such in the joint MOE/MNR report ‘Inland Lake Trout Management in Southeastern Ontario (January 1 993)’ ; it is identified in the Official P}an (OP) for South Frontenac Township as highly sensitive. Since the writing of the OP, the MOECC has collected more recent

field data (August 30th, 2005) and have also applied a more restrictive oxygen objective in the reevaluation of Loughborough Lake; the result supports the highly sensitive category and the lake is now designated ‘at capacity’. This designation does not allow for the creation of new lots and places very strict development standards on existing vacant lots of record as well as all re-development. The objective of the designation is to prevent any new source of nutrient supply to the lake. Re-development may be undertaken using the best management practices that can be achieved for the location; in some circumstances development may not be accommodated at all. The nutrient loading to the lake from this residence is recognized/committed and factored into the lake impact assessment. Environmental Site Evaluation:

The site southeasterly on the property contains impacted forested area with culturally cleared / fragmented areas to accommodate Cedar Ridge Lane and Lark Lane as well as a private driveway and parking sites. The property slopes sharply from Cedar Ridge Lane (148m ASL) to Loughborough Lake level (125 m ASL). The challenging topography and cultural additions to the site, like Lark Lane, become the controlling factors on the property and there is no opportunity for either increased setbacks or re-locations of buildings and or septic system. Futther to the discussion under the heading background above, total phosphorous (TP) values for this basin place it in the oligotrophic category, lakes that are typically, deep, nutrient poor and well oxygenated. Phosphorous levels in this basin have declined modestly since 2002 (Lake Partner Program - MOECC Dorset Research Centre). The setback requirements for the OP and Zoning By-law for new development cannot be achieved with this application and therefore triggers the need for the minor variance application. None of the proposed rebuild is any closer to the lake nor does it include an expanded building envelope. There will be no increase in nutrient loading to the septic bed because human usage will not increase; it was a three bedroom cottage originally and will remain a three bedroom residence once the re-build is completed.

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6Genge to Kapusta PEIA MacLean

Environmental Considerations:

Is the proposed development/work:

  1. In or near a Provincially Significant Wetland or a Coastal Wetland? - No. The Loughborough Lake PSW is about one km to the southwest.

  2. In or adjacent to a Regionally Significant Wetland? - No.

  3. In or adjacent to an Un-evaluated Wetland? - No.

  4. In or adjacent to an Area of Natural or Scientific Interest (ANSI)? - No.

  5. In or near the habitat(s) of Species at Risk? - No. The area of the entire proposal is culturally compromised and no habitats for species at risk were observed.

  6. In or near Significant Wildlife Habitat? - No. The area of the entire proposal is culturally compromised and no significant wildlife habitat is present or remains.

  7. In or near or within l 20m of a sensitive lake? - Yes.

Loughborough Lake is designated aat capacity’, however this proposal does not result in an increase in nutrient loading to the existing septic system/holding tank nor does it include an expanded building envelope. 8) In sensitive fish habitat? - No.

Loughborough Lake contains many fish species including large and small mouth bass, centrachids and a stocked lake trout population. A macrophyte bed exists near the shoreline in front of the residence; it provides suitable habitat for fish several bass were observed from shore at this site. None of this proposal requires in-water constmction. 9) In or adjacent to a significant woodland? - No. 10) In or adjacent to a significant valleyland? - No. Based on the above considerations it is my position that a more detailed Environmental Impact Statement is not required. Recommendations:

  1. All excavated overburden, excess to constmction needs, removed from the footprint must be removed from the site at the time of excavation and stored or disposed of off-site; no excavated materials are to be stored below the elevation of Cedar Ridge Road due to the severe slopes involved.
  2. All building materials and wrapping materials should be stored safely away from the lakeshore and secured to prevent wind blowing it into the lake.
  3. No excavation materials of any kind can be used as fill between the constructionfbuilding envelope and the lake.

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-7Cienge to Kapusta PEIA MacLean

  1. There can be no disturbance of the natural soil mantle between the building envelope and the lake.

  2. Any backfill next to the new foundation walls should be clean rock or new clean cmshed rock from a local quarry.

  3. Along the south side of the building envelope between the foundation wall and the fence, the area should be covered with ‘beach stone’ to a minimum of at least 12? of depth; this area receives mnoff from up-gradient as well as roof mnoff. The beach stone will prevent erosion and will negate the need for a lawn at this location.

  4. All roof leaders are to be directed to the rear of the building at the southeast corner and outlet onto the beach stone mentioned in #5 above.

  5. The holding tank should require an alarm system be installed to ensure proper pump-out frequency. This PEIA deals only with environmental issues; from an environmental perspective the proposal is minor and therefore should be approved on that basis.

If you have any questions in the above regard, please feel free to give me a call. Respectf4y yours,

? e:

)

d Genge B.Sc.

Oniario Lake Assessments

3654 Stage Coach Road RR#3

HARROWSMITH, Ontario KOH ?VO

rgen2e(@xplornet.ca 613-305-3863

Copy to: John and Adrienne MacLean 140 Golf View Dr.

Tequesta, FLORIDA USA 33469

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT PUBLIC MEETING Report Date: July 6, 2018 Application No: Owner: Location of Property:

MV-15-18-P Richard Wagar Concession 11, Lot/Part Lot 9, 6081 Carleton Drive, District of Portland, Township of South Frontenac Purpose of Application: To vary sections 5.10.2, 5.24.2 and 14.3.1 of the Comprehensive Zoning By-law 2003-75 to permit the construction of a detached accessory building in the front yard, a reduction in side yard and a reduction in the 30 metre setback from water Date of Hearing: July 12, 2018

RECOMMENDATION It is recommended that the Committee hear comments from members of the public and that the minor variance to permit the construction of a detached accessory building in the front yard, a reduction in side yard, a reduction in front yard, a reduction in the 30 metre setback from water be considered for passage.

BACKGROUND The subject land consists of a 0.2 +/- acres, with approximately 60 feet of frontage on Verona Lake and 60 feet of frontage on Carleton Drive. The property is currently developed with an 822 square foot footprint dwelling located approximately 36 feet from Verona Lake, plus a 20 foot wide (375 square foot) deck along the water side of the dwelling which reduces the overall setback from the water to approximately 16 feet. The proposal is for the construction of a maximum 480 square foot footprint detached accessory building to be located a minimum of 70 feet from the high water mark of Verona Lake. This proposed size meets but does not exceed the maximum 5 percent lot coverage permitted. As the property is located on a fully maintained public road the non-water side of the dwelling is considered the front yard. This places the proposed garage in the front yard of the property. Given the small size of the lot the proposal also requests a reduction in side yard from 8.2 feet to a minimum of 5 feet. The required front yard is 25 feet and the proposal meets this distance. When a site visited was conducted by the planning department it was discovered that a healthy looking large mature tree is located in approximately the same location as the proposed garage. There appears to be sufficient space between this tree and Carleton Drive to accommodate the proposed garage. In the interest of keeping this tree and reducing environmental impact the planning department would be in favour of permitting a reduction in the required front yard for the construction of the proposed garage. The Planning Department is able to support the application as submitted. 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:

  1. Is the minor variance desirable for the appropriate development or use of the land, building or structure?
  2. Is the general intent and purpose of the official plan maintained?
  3. Is the general intent and purpose of the zoning by-law maintained?
  4. Is the variance minor? Current Zoning: Urban Residential – First Density (UR1) Application Complies with Zoning: Yes Current Official Plan Designation: Settlement Area Application Complies with Official Plan: Yes

AGENCY ANALYSIS AND COMMENTS Comments were not required from Public Works or KFL&A Public Health. Quinte Conservation Authority has no objections. The building department has no objections. Page 86 of 88

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

CONDITIONS

  1. This minor variance is for the construction of a maximum 480 square foot footprint detached accessory building to be located a minimum of 70 feet from the high water mark of Verona Lake and a minimum of 5 feet from the side lot line of 6081 Carleton Drive.
  2. Minor variance MV-15-18-P is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.

ATTACHMENTS Map of Wagar Property Submitted/Approved by:

Prepared by: Jennie Kapusta

Page 87 of 88

µ 6081 Carleton Drive

Legend

LET ON

DRI VE

WAGAR MV-15-18-P

CAR

Wagar Existing Building Wagar Property Wagar Proposed Garage

6079 Carleton Drive

Ve ro na La ke

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 88 of 88

Scale 1:300 0

6075 Carleton Drive

1.5

3

6

9

UTM Projection NAD 83

12 Meters

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