Body: Committee of Adjustment Type: Minutes Meeting: Committee Date: March 12, 2020 Collection: Council Minutes Municipality: South Frontenac
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Minutes of Committee Of Adjustment March, 12, 2020 Time: 7:00 PM Location: Council Chambers Meeting # 2 Present: Alan Revill, Mike Nolan, Ray Leonard, Tom Bruce, Randy Ruttan, Ken Gee Staff:Tess Gilchrist, Contract Planner, Michelle Hannah, Planning Assistant, Claire Dodds, Director of Development Services 1
Call to Order
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Adoption of Agenda
a) Resolution No. 2013-14-2 Moved by Mike Nolan Seconded by Ray Leonard THAT the Township of South Frontenac Committee of Adjustment hereby adopts the agenda for the March 12, 2020 Committee of Adjustment meeting. Carried 3
Declaration of pecuniary interest
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Approval of Minutes – February 12, 2020
a) Resolution No. 2013-14-3 Moved by Ray Leonard Seconded by Tom Bruce THAT the Township of South Frontenac Committee of Adjustment hereby approves the minutes of the February 13, 2020 meeting of the Committee. Carried 5
New Consent Applications:
a)
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.
The Planner advised of a recommendation for deferral. K. Gee noted that he did not see a report from Public Services. T. Gilchrist advised that following a site visit Public Services will be in a position to provide a report which will be posted on the agenda when the matter is brought back. Chris Wicke, a resident on Latimer Road spoke to the matter. He advised the committee that he is a registered professional planner with the City of Kingston and he is opposing the applications and has provided correspondence to this effect as well as pictures. Mr. Wicke advised that the notification posted on the property was insufficient as he had to jump over an ice filled ditch to read the
Minutes of Committee Of Adjustment March, 12, 2020 sign as he was not sent a Notice being that he resides outside the 60 metre notification buffer requirement. Mr. Wicke noted that there are several land use planning considerations to take into consideration when speaking about the McKay applications. The rural character of the lands is important as this is active pasture land and, generally speaking, there is a shortage of hay land and so taking these lots and putting it into farm land when there are several surrounding farms would be much more beneficial. There are several active farms in close proximity to the subject lands and the odor of cow manure is a cause for resident complaints. Mr. Wicke noted that he believed that there are specifics to neighbouring farms, including the Bovey farm that was not included in the MDS mapping on the sketch. Mr. Wicke advised that Public Works should have a large interest in this property, specifically when it comes to a new driveway as the proposal is for a driveway on a very sharp curve and children and horses are particularly abundant on this road and the proposed driveway location is less than ideal. Mr. Wicke noted that the lot configuration that is being proposed in the application sketch is not geometrically appropriate and the South Frontenac Official Plan does not allow for configuration such as this. Mr. Wicke went on to advise the committee that there is a ditch that runs the full length of the field to the watercourse for drainage purposes, this was completed without proper Cataraqui Region Conservation Authority consultation. Changing a watercourse and there are potential outflows that could cause harm to the existing watercourse. Mr. Wicke noted that Forefront Engineering provided a letter dated January 24th, which was a drainage analysis, they did not provide planning justification. It does not address the channel that has been dug north to south on the property and they are not representing what is on the property. Mr. Wicke added that it is questionable that there is no drainage issues claimed when there is a large trench to address drainage issues. Mr. Wicke ended by says that he is in favour of general residential development, he is the Vice President of the South Latimer Association. However, in this instance from a land use perspective he does not believe that this represent good planning practices. A. Revill thanked Mr. Wicke for his input and advised that he would be notified when the applications are back up for discussion. Mr. Revill also mentioned that this site might be one that all Committee members choose to visit prior to making a decision. K. MacKay spoke to the matter and advised that she bought this property a little over a year ago. She noted that she has spoken to the owners of the horse farm across the road along with the Boveys who have all told her they are okay with the applications. Resolution No. 2013-14-4 Moved by Tom Bruce Seconded by Mike Nolan THAT the Township of South Frontenac Committee of Adjustment hereby defers making a decision on Consent application S-34-19-S by Kerstin MacKay to provide additional time for KFL&A Public Health Staff, Cataraqui Region Conservation Authority Staff and Township Staff to complete site inspections and provide formal comments. Carried
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Minutes of Committee Of Adjustment March, 12, 2020 b)
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. Resolution No. 2013-14-5 Moved by Ray Leonard Seconded by Mike Nolan THAT the Township of South Frontenac Committee of Adjustment hereby defers making a decision on Consent application S-35-19-S by Kerstin MacKay to provide additional time for KFL&A Public Health Staff, Cataraqui Region Conservation Authority Staff and Township Staff to complete site inspections and provide formal comments. Carried
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New Minor Variance Applications:
a)
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). The Planner recommended a deferral. Resolution No. 2013-14-6 Moved by Randy Ruttan Seconded by Ken Gee THAT the Township of South Frontenac Committee of Adjustment hereby defers making a decision on Minor Variance application MV-45-19-P by Tyler George to provide additional time for KFL&A Public Health Staff and Quinte Conservation Authority Staff to complete site inspections and provide formal comments. Carried
b)
MV-03-20-B (Barclay) 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.
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Minutes of Committee Of Adjustment March, 12, 2020 The Planner delivered her report for the application. M. Nolan advised that he visited the site and it is his opinion that the proposal is the ideal placement for the garage based on the data that he saw and he supports the proposal with the recommended conditions. D. Fitzgerald, a neighbour asked for clarification that the development will not encroach onto his land. A. Revill advised that the subject property appears to be approximately 200 acres and the proposal is for the construction to all be contained on that land. D. Fitzgerald asked if the development will be close to his house? A. Revill advised that it does not appear so. D. Fitzgerald asked if the only thing they are applying for is a garage that is bigger than their house? A. Revill answered by advising that the maximum size of all accessory buildings in accordance with the South Frontenac Zoning By-Law cannot exceed the size of the house. The size of all accessory buildings will be larger than the footprint of the home. The applicants are also seeking to have the height of the accessory building taller than the allowable height for accessory buildings to accommodate their equipment. This is a very large property and it appears that the accessory building will be well set back from the road and the planning department staff are recommending approval. D. Fitzgerald thanked Mr. Revill and advised that when he had called Michelle had told him most of that, but he just wanted to clarify.
Resolution No. 2013-14-7 Moved by Randy Ruttan Seconded by Ken Gee THAT the Township of South Frontenac Committee of Adjustment hereby approves Minor Variance Application MV-03-30-B by Debbie & Allan Barclay, located at Lot 15, Concession 4, District of Bedford, Township of South Frontenac, municipally known as 1481 Green Bay Road, Jeffs Lake to permit the construction of an accessory building, being a detached garage which exceeds the lot coverage of the existing principal building and exceeds the allowable maximum height of an accessory building with a maximum gross floor area of 371.6 square metres (4,000 square feet) square feet and a maximum height of 9.2 metres (30.2 feet), subject to conditions Carried 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. The Planner delivered the planning report to the committee. M. Nolan advised that he visited the site and he does not see anywhere else reasonable to place the garage, it meets the setbacks and is not visible to the neighbours.
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Minutes of Committee Of Adjustment March, 12, 2020 Resolution No. 2013-14-8 Moved by Ken Gee Seconded by Randy Ruttan THAT the Township of South Frontenac Committee of Adjustment hereby approves Minor Variance Application MV-04-20-B by Thomas, Nancy & Caleb Mulder located at 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, Kingford Lake to permit the construction of a one-storey detached garage with a maximum gross floor area of 111.5 square metres located in the projected front yard of the subject property at a minimum 36.5 metres (120 feet) from the front property line and Canoe Lake Road, subject to conditions. Carried d)
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. The Planner delivered the report to the committee. M Nolan advised that he visited the site and the garage is required to support development on this property. It is not impending on the property or neighbours and is set back from the lake, it probably won’t even be noticeable by the neighbours or from the lake, this is the appropriate place for the garage and is supported. Resolution No. 2013-14-9 Moved by Randy Ruttan Seconded by Ken Gee THAT the Township of South Frontenac Committee of Adjustment hereby approves Minor Variance Application MV-05-20-B by David Naboznak located at Lots 19 and 20, Concession 4, District of Bedford, Township of South Frontenac, municipally known as 121 Sunrise Lane, Bobs Lake, Green Bay, to permit the construction of a one-storey detached garage with a maximum gross floor area of 167.2 square metres (1800 square feet) located approximately 60 metres (200 feet from the highwater mark, consistent with the drawings submitted, subject to conditions. Carried
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Other Business
a)
K. Gee asked if it would be wise for the other members of the Committee, not just the specific district members to visit the site for the MacKay applications. C. Dodds advised that it would be wise and strongly recommended that all members visit the site. She noted that staff are also looking to coordinate the site visits and a much more wholesome report will follow once all site inspections have been undertaken.
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Adjournment
a)
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Minutes of Committee Of Adjustment March, 12, 2020 Resolution No. 2013-14-10 Moved by Ken Gee Seconded by Randy Ruttan THAT the March 12, 2020 meeting of the Township of South Frontenac Committee of Adjustment is hereby adjourned at 7:45 p.m., to reconvene on Thursday, April 9, 2020 at 7:00 p.m., or at the call of the Chair. Carried
Alan Revill, Chair
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