Committee Of Adjustment - 12 Mar 2020 - Agenda

Published March 12, 2020

Word Count 9971 words

Reading Time 47 min read

Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: March 12, 2020 Collection: Council Agendas Municipality: South Frontenac

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Document Text

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

7:00 PM, Thursday, March 12, 2020 Council Chambers.

Call to Order

Adoption of Agenda

Declaration of pecuniary interest

Approval of Minutes – March 12, 2020

New Consent Applications:

S-34-19-S (MacKay) Location: Part Lots 23 & 24, Concession 7, being Parts 1 & 2 on Plan 13R16716, District of Storrington, Township of South Frontenac, municipally known as 3467 Latimer Road Purpose of Application: Consent for the creation of a new residential lot consisting of approximately 6.4 acres (2.6 hectares) with approximately 80 metres (262 feet) of road frontage along Latimer Road and a depth of approximately 123 metres (403 feet) from a development property. The retained lands will consist of approximately 11.6 acres (4.7 hectares) with approximately 440 metres (1444 feet) of frontage along Latimer Road.

3 - 19

S-35-19-S (MacKay) Location: Part Lots 23 & 24, Concession 7, being Parts 1 & 2 on Plan 13R16716, District of Storrington, Township of South Frontenac, municipally known as 3467 Latimer Road Purpose of Application: Consent for the creation of a new residential lot consisting of approximately 9.34 acres (3.8 hectares) with approximately 360 metres (1181 feet) of road frontage along Latimer Road and a depth of approximately 228 metres (748 feet) from a development property. The retained lands will consist of approximately 3 acres (1.21 hectares) with approximately 80 metres (262 feet) of frontage along Latimer Road.

20 - 37

New Minor Variance Applications:

MV-45-19-P (George) Location: Part Lot 9, Concession 11, District of Portland, Township of South Frontenac, municipally known as 4235 Maple Drive, Verona Rock Lake. Purpose of Application: To reduce the highwater mark setback from 30 metres (98.4 feet) to 18.5 metres (60.7 feet) to permit the construction of an accessory building, being a detached garage in the front yard of the subject waterfront property with an increased height allowance of 7.4 metres (24.2 feet). The applicant is seeking relief from Section 5.8.2, Flooding and Shoreline Erosion Hazards which requires a 30 metre setback from the highwater mark. Also, from Section 5.24.2 which requires any accessory building which is not part of the main building to be erected to the rear of the projected front wall of the main building. And from Section 14.3.2 which allows for a maximum accessory building height of 6 metres (19.7 feet).

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MV-03-20-B (Barclay)

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Location: Lot 15, Concession 4, District of Bedford, Township of South Frontenac, municipally known as 1481 Green Bay Road, Jeffs Lake Purpose of Application: To increase the allowable height for an accessory building in the Rural zone from 6 metres (19.7 feet) to 9.2 metres (30.2 feet) and to allow the total lot coverage of accessory buildings on a property to exceed the total lot coverage of the existing principal building to permit the construction of an accessory building, being a detached garage on the property. The applicant is seeking relief from Section 7.3.2 Rural Zone Regulations which allows a maximum accessory building height of 6 metres (19.7 feet) and Section 5.24.1 Accessory Buildings, which does not allow the lot coverage of all accessory buildings and structures on a lot to exceed the lot coverage of the existing principal building. c)

MV-04-20-B (Mulder)Location: Lot 5, Concession 6, being Part 8 on Plan 13R4370, District of Bedford, Township of South Frontenac, Canoe Lake Road, Kingsford Lake. Purpose of Application: To allow an accessory building, being a detached garage to be constructed in the front yard of a Rural property. The applicant is seeking relief from Section 5.24.2 which does not allow a detached accessory building to be erected in the front yard of a property.

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MV-05-20-B (Naboznak) Location: Lots 19 & 20, Concession 4, District of Bedford, Township of South Frontenac, municipally known as 121 Sunrise Lane, Bobs Lake Purpose of Application: To increase the allowable height for an accessory building in the Limited Services Residential - Waterfront Zone from 6 metres (19.7 feet) to 7 metres (23 feet) and to allow the total lot coverage of accessory buildings on a property to exceed the total lot coverage of the existing principal building to permit the construction of an accessory building, being a detached garage on the property. The applicant is seeking relief from Section 10.3.2 Limited Services Residential - Waterfront Zone Regulations which allows a maximum accessory building height of 6 metres (19.7 feet) and Section 5.24.1 Accessory Buildings, which does not allow the lot coverage of all accessory buildings and structures on a lot to exceed the lot coverage of the existing principal building.

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Other Business

Adjournment

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

March 6, 2020

Application Nos: Owner: Location of Property:

S-34-19-S Kevin & Kerstin Mackay Part Lots 23 & 24, Concession 7, being Parts 1 & 2 on Plan 13R16716, District of Storrington, Township of South Frontenac, municipally known as 3467 Latimer Road Purpose of Application: Consent for the creation of a new lot Date of Hearing: March 12, 2020

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and that the Committee of Adjustment defer making a decision on application S-34-19-S to provide additional time for KFL&A Public Health to complete their site inspections to determine suitability to install an on-site sewage disposal system and for the Cataraqui Region Conservation Authority Staff and Public Services Staff to complete site visits and provide formal comments. Proposal An application for consent for the creation of a new lot has been received. The consent application seeks to permit the creation of a new lot consisting of approximately 6.4 acres (2.6 hectares) with approximately 80 metres (262 feet) of road frontage along Latimer Road and a depth of approximately 123 metres (403 feet) from a development property. The retained lands will consist of approximately 11.6 acres (4.7 hectares) with approximately 440 metres (1444 feet) of frontage along Latimer Road. The subject lands are also subject to Consent Application S-35-19-S for consent to create a second vacant lot. The subject property is located on the north west side of Latimer Road just south of where it meets Holmes Road. The subject property has a single detached dwelling on the north end of the property.

Submitted by: Tess Gilchrist, MCIP RPP, Contract Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Attachments: Map of Mackay property Site Visit: February 26, 2020

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Holmes Rd

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S-34-19-S MACKAY 3467 LATIMER RD

Legend MacKay Property Parcel Fabric

Proposed Severance

River / Stream Provincially Significant Wetlands

Waterbodies

Water Area, Permanent Wetland Area, Permanent

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.

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Allworks la be ln?alled in accordance wilh curvenl Tcwnshlp olsuulh Fronlenac Guidelires.Orrlarlo Bulking Code and, Onlarlo Provinclal Slandard Speci?rzallcna and Drawings unlen speci?ed olhelwise. Prlar lo auntlruclion.Conlraclor la verlfy all dmenilons. sewer hvena and unity locales and ldenlify paselble corillcls. ln lhe even! Iha1hunan remalrs are encomlered during conllmcllon, lhe Conlmclor :l’a|| lmmedl?ely conlacl lhe Ninlilry ol’Tnul1m Culture and Sport, lhe Replnm oi lhe cemelerlue Repulallon Uni from the Mlrielry of consumer servlceo, I1 (416) 32$6383 and OnlarioPvovhclll Pollae.

EOLNOTES

Allerosion and Iedmenl conlrolr shall be lrsialled prlano conslnrcrlonand manileved and malnlelned bylno Conlrador lhroughom lne cunalnzdlan pmcan. unlllall dldurbed areas have been ruvnpelaled lhen lhe lernporary ledlmenl md erosion oonlrol maasrrn mual be removed moe Ihe Illa has been elablizedloompleled ofalle wurka. Allnroslan ml! Ierimerl conlmlmeasure: shall be lnopecled Iler each ralrloll lolhe aatlllaalon ol‘CRCA. Regardleu ol elle speclllc llerru delalled on lhe plum. Ihe conlraclcr shall Inslall eroaion controlmeasure: In eul lhe propoaed work melhoda la eerrlrol aedlmenl from nrmlnp of! the alle ptlarlo any rhlurbanue. Slaked tlraw bale ?llerl and nowcheck: lo he lrulalled as per OFSD 218.100 and OPSD 219.180.

LOTAREA LOT FRONTAGE FRONTYARD REARYARD INTEHOR SIDE YARD EXTERl0R SIDEYARD GROSS FLOORAREA LOT COVERAGE BUILUNG FEIGHT HIGHWATER MARKSETBACK

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ENVIRONMENTAL

Any tall or gromdwaler oorlamlnellan enauurlnrad Ie rernedlied In appllable elandarda II de?ned wlt?n o.reg. 153/04 or at reviled: Any wade: peneraled by ?le clean-upe are managed In accordance with appllaable laws and Ilmdarda; conslrucllan melee are ml In be hurled wilhlnlhe properly lhal ll lhe Imjecl ollhll apreemenl. and Thal Iha owner md lheir aanlraclora reporl all apllle lolho mlnlslry ollhe emlronmenre spilt action cenlre (1~~BDD-26B~~808U) and lo Ihe Tawnllip lorllmilh.

SEIJMENT AND EROSION CON

lhe sloped ub-pmde. 11. Gravel arua Include all reurdlng requlrad lo rnelnldn the proposed pravel pad edges.

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

March 6, 2020

Application Nos: Owner: Location of Property:

S-35-19-S Kevin & Kerstin Mackay Part Lots 23 & 24, Concession 7, being Parts 1 & 2 on Plan 13R16716, District of Storrington, Township of South Frontenac, municipally known as 3467 Latimer Road Purpose of Application: Consent for the creation of a new lot Date of Hearing: March 12, 2020

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and that the Committee of Adjustment defer making a decision on application S-34-19-S to provide additional time for KFL&A Public Health to complete their site inspections to determine suitability to install an on-site sewage disposal system and for the Cataraqui Region Conservation Authority Staff and Public Services Staff to complete site visits and provide formal comments. Proposal An application for consent for the creation of a new lot has been received. The consent application seeks to permit the creation of a new lot consisting of approximately 9.34 acres (3.8 hectares) with approximately 360 metres (1181 feet) of road frontage along Latimer Road and a depth of approximately 228metres (748 feet) from a development property. The retained lands will consist of approximately 3 acres (1.21 hectares) with approximately 80 metres (262 feet) of frontage along Latimer Road. The subject lands are subject to Consent Application S-34-19-S, for consent to create a second vacant lot. The subject property is located on the north west side of Latimer Road just south of where it meets Holmes Road. The subject property has a single detached dwelling on the north end of the property. Submitted by: Tess Gilchrist, MCIP RPP, Contract Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Attachments: Map of Mackay property Site Visit: February 26, 2020

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THIS MAP WAS COMPILEDFROM PLANS AND DOCUMENTSRECORDEDIN THELAND REGISTRATION SYSTEMAND HAS BEENPREPARED ron PHOFERTY INDEXINGPURPOSES ONIV

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BLOCKNUMBER ssosnnrmcFABRIC EASEMENT

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INDEX MAP

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Inset Map Davidson Rd

Latimer Rd

hR d Old Boy Rd

Retained Lot

Latimer Rd

Holmes Rd

Pe rt

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Holmes Rd

S-35-19-S MACKAY 3467 LATIMER RD

Legend MacKay Property Parcel Fabric

Proposed Severance S-34-19-S

River / Stream Provincially Significant Wetlands

Waterbodies

Water Area, Permanent Wetland Area, Permanent

Proposed Severance S-35-19-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.

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EOLNOTES

LOTAREA LOT FRONTAGE FRONTYARD REARYARD INTEHOR SIDE YARD EXTERl0R SIDEYARD GROSS FLOORAREA LOT COVERAGE BUILUNG FEIGHT HIGHWATER MARKSETBACK

ZOMNG - RURALZONE (RU)

ZOMNS STATISTICS

11m (MAX) 30m (MIN)

20% (MAX)

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

March 5, 2020

Application No: Owner: Location of Property:

MV-45-19-P Tyler George Part Lot 9, Concession 11, District of Portland, Township of South Frontenac, municipally known as 4235 Maple Drive, Verona Rock Lake Purpose of Application: To vary Sections 5.8.2, 5.24.2 & 14.3.2 of the Township of South Frontenac Zoning Bylaw Date of Hearing: March 12, 2020 Recommendation It is recommended that the Committee of Adjustment receive comments from the public and that the Committee of Adjustment defer making a decision on application MV-45-19-P to provide additional time for KFL&A Public Health to complete their site inspections in relation to the existing on-site sewage disposal system and to allow for Quinte Conservation Authority to perform a site inspection and determine the flood plain of Verona Rock Lake. Official Plan Designation: Settlement Area - Verona Zoning: UR1

Zoning Relief Requested:

Section 5.8.2:

Relief: To permit the construction of an accessory building (detached garage) with a setback from the highwater mark of 18.5 metres, whereas the Zoning By-law requires a setback of 30 metres for all proposed structures.

Flooding and Shoreline Erosion Hazards

Section 5.24.2: Accessory Buildings

Section 14.3.2: UR1

Relief: To permit the construction of an accessory building (detached garage) in the projected front yard, whereas the Zoning By-law requires an accessory building to be erected to the rear of the projected front or exterior side wall of the main building. Relief: To permit the construction of an accessory building (detached garage) with a height of 7.4 metres (24.2 feet), whereas the Zoning By-law requires a maximum height of 6 metres (19.7 feet) for accessory buildings.

Proposal An application for minor variance has been received, to permit the construction of an accessory building (detached garage) within the projected front yard of the subject property located at 18.5 metres from the highwater mark of Verona Rock Lake. The applicant is also seeking permission to increase the permitted maximum height of an accessory building from 6 metres (19.7 feet) to 7.4 metres (24.2 feet). Submitted by: Tess Gilchrist, MCIP RPP, Consulting Planner, Township of Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Date of Site Visit: February 26, 2020 Attachments: Map of the George property

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Q U I NT E C O NS ER V AT I O N - P L AN N I NG A C T R EV I EW QC File No. PL0048-2020 Municipality:

Township of South Frontenac

Owner

Tyler George

Location:

4235 Maple Drive

Roll #:

10290800902030000000

Application Description:

Minor Variance File No. MV-45-19-5

Feature:

Verona Lake

Lot 9, Concession 11

Portland

To reduce the highwater mark setback from 30 metres (98.4 feet) to 18.5 metres (60.7 feet) to permit the construction of an accessory building

Planning Act - Natural Hazard policies of the Provincial Policy Statement and Quinte Conservation Planning Act Review policy Conservation Authorities have Provincially delegated responsibilities to represent Provincial interests regarding natural hazards under section 3.1 of the Provincial Policy Statement (PPS) (2014). Natural hazards include areas subject to flooding, prone to erosion, dynamic beaches and unstable bedrock. Generally the policies of the PPS direct development to areas outside of hazards lands. Staff are not satisfied that the application as presented is consistent with section 3.1 of the PPS as it has not been confirmed that the development is outside the flood hazard. In order to determine the portion of the subject lands which are located within the 1:100 year flood plain of Verona Lake, the applicant is requested to submit a site plan sketch which clearly depicts the proposed garage outside of a 15 metre setback from the 137.25 GSC flood elevation. Staff are available to survey the 1:100 year floodplain of Verona Lake.

Comments:

Ontario Regulation #319/09 (Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses The subject lands lie within the regulated area of Verona Lake (by virtue of Ontario Regulation #319/09 – Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses). Please note that the owners will need to apply to the Conservation Authority for a permit prior to development (construction / filling/ excavation/ site grading) within 30metres of the 1:100 year floodplain of Verona Lake. Quinte Region Source Protection Plan Quinte Conservation provides Risk Management services as prescribed by the Clean Water Act, 2006 on behalf of member municipalities. Part of this is reviewing building and planning applications to ensure no new significant drinking water threats as outlined in the Quinte Region Source Protection Plan are created. Policies for significant threats in the Quinte Region Source Protection Plan are not applicable as the subject property lies outside of an intake protection zone or wellhead protection area for a municipal drinking water system. As such no Section 59 Clearance Notice is required. Planning Act - Natural Heritage policies of the Provincial Policy Statement Section 2.1 of the Natural Heritage policies of the Provincial Policy Statement protects features including (but not limited to); Provincially Significant Wetlands, significant woodlands and significant Areas of Natural and Scientific Interest. The subject lands do not lie within a Provincially Significant Wetland, or within an Area of Natural and Scientific Interest.

Final Comments:

Quinte Conservation requests this application be deferred until the setback requirements from the 1:100 year floodplain have been confirmed. 2020-03-02 Date

Elizabeth Lowe Planning and Regulations Technician

Sharlene Richardson Regulations Officer Page 1 of 1

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

March 6, 2020

Application No: Owner: Location of Property:

MV-03-20-B Debbie & Allan Barclay Lot 15, Concession 4, District of Bedford, Township of South Frontenac, municipally known as 1481 Green Bay Road, Jeffs Lake Purpose of Application: To vary Sections 5.24.1 & 7.3.2 of the Township of South Frontenac Zoning Bylaw Date of Hearing: March 12, 2020 Recommendation: That provisional approval be: 

granted with conditions (attached) deferred denied

Purpose:

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

Official Plan Designation: Rural & Environmental Protection Zoning: RU - Rural

Zoning Relief Requested:

Section 5.24.1: Accessory Buildings

Relief: To permit the construction of an accessory building (detached garage) with a footprint of 185.8 metres2 (2,000 feet2), which exceeds the lot coverage of the existing principal building.

Section 7.3.2: Rural Zone

Relief: To permit the construction of an accessory building (detached garage) with a height of 9.2 metres (30.2 feet), whereas the Zoning By-law limits the height of an accessory building to be a maximum of 6 metres (19.7 feet).

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

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Proposal An application for minor variance has been received, to permit the construction of an accessory building (detached garage), which exceeds the lot coverage of the existing principle building and which also exceeds the maximum permitted height for an accessory building in the Rural (RU) zone. The subject property is located on the south side of Green Bay Road, to the west of New Road, and is municipally known as 1481 Green Bay Road. The parcel is 83.7 hectares (207 acres) and includes Jeffs Lake. There is a single detached dwelling (old farmhouse) on the property, which is setback approximately 46 metres (150 feet) from Jeff’s Lake. There are also two detached garages and a storage shed currently located on the property. The proposed detached garage is 185.8 metres2 (2000 ft2) in size, is two-storeys with a height of 9.2 metres (30 feet). It is proposed to the rear of the existing dwelling, approximately 71.4 metres (234 feet) from Jeffs Lake. The detached garage would also have an open car port on one side. The applicant has confirmed that the garage will not include a washroom at this time, as they are not certain of the existing septic system capacity. The applicant had indicated in their application that the size of the detached garage is required for the storage of hobby items, such as antique tractors, vintage snowmobiles, four-wheelers, and other recreational vehicles. The applicant has also indicated that none of the existing storage buildings are of sufficient size for these items. The applicant also intends to construct a large addition on the existing dwelling in the coming years, which will likely require upgrading the current septic system.

Agency Analysis and Comments Public Services Department – Public Services was not circulated the application due to its nature. Building Department – The Building Department has advised they have no objections to the application as presented. KFL&A Public Health – No development is proposed in proximity to the septic system on the west side of the existing dwelling and no plumbing fixtures are proposed for this minor variance application, therefore KFL&A Public Health was not circulated. Cataraqui Region Conservation Authority – Given the location and scope of the proposed development, CRCA was not circulated. Public Comments – At the time of the writing of this report, no written comments have been received from the public.

Planning Analysis Summary Under Section 45(1) of the Planning Act there are four tests a minor variance must meet. A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests: Does the application conform to the general intent and purpose of the Official Plan? •

The variance conforms to the general intent and purpose of the Official Plan as the proposed garage is consistent with the residential use of the property, within the Rural Area designation, which contemplates dwellings and accessory buildings on rural lots.

Does the application conform to the general intent and purpose of the Zoning By-law? •

The variance conforms to the general intent and purpose of the Zoning Bylaw as the proposed garage (accessory building) is a permitted use on the subject property and the proposed location complies with the setback requirements of the Rural zone, with the exception that it exceeds 6 metres in height and it has a larger foot print than the existing principal dwelling. The applicant intends to build a large addition on the existing single detached dwelling in the coming years, which will increase the ratio of accessory structure Page 52 of 97

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT lot coverage to principal dwelling lot coverage. The proposed location and orientation of the detached garage is practical on the subject property. Is the application desirable for the appropriate development of the lands in question? •

The variance is desirable for the appropriate development of the subject property, as a detached garage is accessory to the existing single detached dwelling. It is located a suitable distance from the front and side property lines, and far exceeds the setback requirements for a single detached dwelling in the Rural zone. There are no immediate neighbours to the subject property.

Is the application minor? •

The variance is minor as it will not cause any negative impacts as a result of its size and location on the subject property. The proposed garage does not exceed the maximum lot coverage for accessory structures and meets all setback requirements. The subject property has a large area and there are no immediate neighbours. Furthermore, the proposed garage is located approximately 115 metres (377 feet) away from Green Bay Road, so it will not be highly visible from the road.

Conclusion It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-03-20-B, subject to conditions.

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

The Minor variance is for the construction of a two-storey detached garage of 185.8 metres2 (2000 feet2), to be constructed to the west of the existing single detached dwelling, as per the drawings submitted with MV-03-20-B. The garage will be located a minimum of 71.4 metres (234 feet) from Jeffs Lake.
A building permit is required for ALL construction on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac.
Minor variance MV-03-20-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws. Submitted by: Tess Gilchrist, MCIP RPP, Consulting Planner, Township of Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Date of Site Visit: to be completed March 10, 2020 Attachments: Map of the Barclay property

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

March 6, 2020

Application No: Owner: Location of Property:

MV-04-20-B Thomas, Nancy & Caleb Mulder Part Lot 5, Concession 6, being Part 8 on Plan 13R4370, District of Bedford, Township of South Frontenac, municipally known as 9088 Canoe Lake Road, Kingsford Lake Purpose of Application: To vary Section 5.24.2 of the Township of South Frontenac Zoning Bylaw Date of Hearing: March 12, 2020 Recommendation: That provisional approval be: 

granted with conditions (attached) deferred denied

Purpose:

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

Official Plan Designation: Rural Zoning: RU - Rural

Zoning Relief Requested:

Section 5.24.2:

Accessory Buildings

Proposal An application for minor variance has been received, to permit the construction of an accessory building (detached garage) within the projected front yard of the proposed single detached dwelling on the subject property. Page 68 of 97

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT The subject property is located on the east side of Canoe Lake Road, south of James Wilson Road, and is municipally known as 9088 Canoe Lake Road. The subject parcel is 3.4 hectares (8.4 acres) and is currently vacant. The property is adjacent to Kingsford Lake, with a steep drop off to the wetland below. It is heavily treed, but the driveway and building envelope have been cleared. The proposed development of the property includes the construction of a new single detached dwelling, septic system and detached garage. The proposed single detached dwelling and associated septic achieves the required 30 metre setback from highwater mark of Kingsford Lake. Due to the topographical challenges of the site, the detached garage is proposed within the projected front yard of the dwelling. The proposed detached garage is 111.5 metres2 (1200 feet2) in size, a single storey with a height of 5.9 metres (19 feet 6 inches), has a front yard setback of 36.5 metres (120 feet), a side yard setback of 48.7 metres (160 feet) to the north property line and is located approximately 45.7 metres (150 feet) from the high water mark of Kingsford Lake.

Agency Analysis and Comments Public Services Department – Public Services is satisfied that the location of the proposed detached garage is acceptable, given that it meets the minimum front yard setback for structures in the Rural zone. Building Department – The Building Department has advised they have no objections to the application as presented. KFL&A Public Health – The applicants have applied for and obtained a septic permit for the septic system on the north side of the proposed dwelling for this minor variance application. Cataraqui Region Conservation Authority – Given the location and scope of the proposed development, CRCA confirmed that circulation was not required. Public Comments – At the time of the writing of this report, no written comments have been received from the public.

Does the application conform to the general intent and purpose of the Zoning By-law? •

The variance conforms to the general intent and purpose of the Zoning Bylaw as the location of the garage complies with the setback requirements of the Rural zone, with the exception that it is proposed within the projected front yard of the subject property. The proposed dwelling and septic system achieve the 30 metre highwater mark setback, which is paramount for the development of this property. The proposed location of the detached garage is adjacent to the proposed driveway which is located on the western side of the property and generally follows the natural topography of the site. There is no opportunity to locate the proposed garage within the side or rear yard of the proposed dwelling, as that is where the septic system is located and there is a steep slope down to the waterfront.

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Is the application desirable for the appropriate development of the lands in question? •

The variance is desirable for the appropriate development of the subject property, as a detached garage is accessory to the proposed single detached dwelling. It is located a suitable distance from the front and side property lines, and meets the setback requirements for a single detached dwelling in the Rural zone.

Is the application minor? •

The variance is minor as it will not cause any negative impacts as a result of its location within the projected front yard. There are no immediate neighbours on the abutting properties. The proposed garage does not exceed the maximum lot coverage for accessory structures and complies with the maximum permitted height of 6 metres (19.7 feet). The garage is setback sufficiently from Canoe Lake Road and is screened from view with existing trees.

Conclusion It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-04-20-B, subject to conditions.

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

The Minor variance is for the construction of a one-storey detached garage of 111.5 metres2 (1200 feet2) and a single storey with a height of 5.9 metres (19 feet 6 inches), to be constructed to the northwest of the proposed single detached dwelling, as per the drawings submitted with MV-04-20-B. The garage will be located 36.5 metres (120 feet) from the front (west) property line, 48.7 metres (160 feet) from the side (north) property line and approximately 45.7 metres (150 feet) from the high water mark of Kingsford Lake.
A building permit is required for ALL construction on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac.
Minor variance MV-04-20-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws. Submitted by: Tess Gilchrist, MCIP RPP, Consulting Planner, Township of Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Date of Site Visit: February 25, 2020 Attachments: Map of the Mulder property

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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.

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Scale 1:2,000

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Environmental Health Department 1130 Elizabeth Street Sharbot Lake, Ontario KOH 2P0

Public Health

(613) 279-2151

REQUESTSFOR COMMENTS

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Ms. Michelle Harmah Secretary—T1’easurer, Committee of Adjustment Township of South Frontenac P.O. Box 100 4432 George Street Sydenham, ON KOH 2T0

To;

Application Number:

MV~04—20B

Type of Application or Proposal:

Minor Variance

Applicant Name(s):

Mulder, Thomas; Mulder, Nancy and Mulder, Caleb

Locatlom

Lot 5, Concession 6, Plan 13R4370, Bedford District Canoe Lake Road

Planning Department or Agency:

Township of South Frontenac (Bedford)

KFL&APublic Health has no objections to the proposed minor variance as the owner has submitted an application under permit number BE—30—19.

Comments:

Ins P ector’ Date:

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X-

cG rn, CPHI(C), Public Health Inspector

February 25, 2020

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

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

March 5, 2020

Application No: Owner: Location of Property:

MV-05-20-B David Naboznak Lots 19 & 20, Concession 4, District of Bedford, Township of South Frontenac, municipally known as 121 Sunrise Lane, Bob’s Lake Green Bay Purpose of Application: To vary Sections 5.24.1 and 10.3.2 of the Township of South Frontenac Zoning Bylaw Date of Hearing: March 12, 2020 Recommendation: That provisional approval be: 

granted with conditions (attached) deferred denied

Purpose:

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

Official Plan Designation: RU - Rural Zoning: RLSW – Limited Zoning Relief Requested: Services Residential – Waterfront Section 5.24.1: Accessory Buildings

Section 10.3.2: RLSW Zone

Relief: To permit the construction of an accessory building (detached garage) with a footprint of 167.3 metres2 (1,800 feet2), which exceeds the lot coverage of the existing principal building of 89.9 m2 (968 feet2). Relief: To permit the construction of an accessory building (detached garage) with a height of 7 metres (23 feet), whereas the Zoning By-law limits the height of an accessory building to 6 metres (19.7 feet).

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Proposal An application for minor variance has been received, to permit the construction of an accessory building (detached garage), which exceeds the lot coverage of the existing principle building and also exceeds the maximum permitted height for an accessory building in the RLSW – Limited Services Residential Waterfront zone. The subject property is located at the end of Sunrise Lane, off of Sunset Shores Lane, from Green Bay Road and is municipally known as 121 Sunrise Lane. The parcel is 8 acres (3.23 hectares) and contains a seasonal dwelling 89.9 metre2 (968 feet2), which is setback approximately 33.5 metres (110 feet) from the high water mark of Green Bay on Bob’s Lake. There is also an existing detached garage (504 feet2) and a sleeping cabin (504 feet2) on the property. The proposed detached garage is 167.2 metres2 (1800 ft2) in size and has a side yard setback of 4.5 metres (15 feet) to the north property line where Sunrise Lane meets the subject property. The proposed location is in the side yard, to the rear of the existing dwelling, approximately 60 metres (200 feet) from Bobs Lake. The proposed detached garage is a single storey and varies from 5.8 metres (19 feet) to 7 metres (23 feet) in height depending on the grade around the structure. The applicant has indicated in their application that the size of the detached garage is required in order to store the equipment that he uses to maintain the lane and the existing detached garage is not large enough. It is also understood from the applicant that they will be constructing a new dwelling on the property in the coming year and will be replacing the septic system at that time. The new detached garage would facilitate the maintenance of the lane and allow the transition of this property from seasonal to permanent.

Agency Analysis and Comments Public Services Department – The property is located on a lane and therefore, Public Services was not circulated. Building Department – The Building Department has advised they have no objections to the application as presented. KFL&A Public Health – No development is proposed in proximity to the septic system on the northwest side of the existing dwelling for this minor variance application, therefore KFL&A Public Health was not circulated. Cataraqui Region Conservation Authority (CRCA) – Given the location and scope of the proposed development, CRCA was not circulated. Public Comments – At the time of the writing of this report, no written comments have been received from the public.

The variance conforms to the general intent and purpose of the Official Plan as the proposed detached garage is consistent with the residential use of the property, within the Rural Area designation, which contemplates dwellings and accessory buildings on waterfront lots which are accessed by private lane.

Does the application conform to the general intent and purpose of the Zoning By-law? •

The variance conforms to the general intent and purpose of the Zoning Bylaw as the location of the garage (accessory building) is a permitted use and complies with the Page 82 of 97

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT setback requirements of the Limited Service Residential – Waterfront zone, with the exception that it exceeds 6 m in height in some areas, depending on grade and it has a larger foot print than the existing principal dwelling, though the applicant intends to replace the existing seasonal cottage with a new permanent dwelling. The proposed location and orientation of the detached garage is practical given the termination of Sunrise Lake at the subject property. Is the application desirable for the appropriate development of the lands in question? •

The variance is desirable for the appropriate development of the subject property, as a detached garage is accessory to the existing dwelling and will store the equipment necessary to maintain the private lane. It is located a suitable distance from the front and side property lines, and meets the setback requirements for an accessory building in the Limited Service Residential – Waterfront zone.

Is the application minor? •

The variance is minor as it will not cause any negative impacts as a result of its size and location on the subject property, which is located at the end of Sunrise Lane. It meets all setback requirements and is proposed in a practical location on the property. Furthermore, the existing seasonal dwelling has a modest footprint of 89.9 metres2 (968 feet2) and once replaced, will be more in line with zoning requirement.

Conclusion It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-05-20-B, subject to conditions.

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

The Minor variance is for the construction of a one-storey detached garage of 167.2 metres2 (1800 feet2), to be constructed to the northwest of the existing seasonal dwelling, as per the drawings submitted with MV-05-20-B. The garage will be located approximately 60 metres (200 feet) from the west property line (Green Bay, Bob’s Lake) and 4.5 metres (15 feet) to the north property line where Sunrise Lane meets the subject property.
A building permit is required for ALL construction on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac.
Minor variance MV-05-20-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws. Submitted by: Tess Gilchrist, MCIP RPP, Consulting Planner, Township of Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Date of Site Visit: to be completed March 10, 2020 Attachments: Map of the Naboznak property

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I ®FRONTENAC

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Bobs Lake

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