Published November 12, 2020

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Reading Time 100 min read

Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: November 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, November 12, 2020 Virtual via Zoom.

Electronic Meeting Information

The meeting will be live streamed at the following link: http://www.facebook.com/SouthFrontenacTwp/ Please visit the Virtual Committee of Adjustment Meetings page on the Township website for the link to register to be a participant in this meeting: https://www.southfrontenac.net/en/open-for-business/virtualcommittee-of-adjustment-meetings.aspx Instructions about participating via Computer, Laptop, Smartphone, Tablet and Telephone can be found at the above noted link as well.

During the Committee of Adjustment meeting staff will be following a PowerPoint Presentation, this presentation will be live-streamed on Facebook at the above noted link, but can also be viewed in the attached document.

Call to Order

Resolution

Adoption of Agenda

Resolution

Declaration of pecuniary interest

Committee Member Nolan has declared an interest in Minor Variance Application MV-44-20-S (Sullivan)

Approval of Minutes – October 8, 2020

Resolution

New Consent Applications:

S-08-20-S (Reynolds) (Beach) Location: Part Lot 9, Concession 9, District of Storrington, Township of South Frontenac, municipally known as 5056 Battersea Road. Purpose of Application: Consent for the creation of a new residential lot consisting of approximately 0.8 hectares (2 acres) of land from the subject property with road frontage of approximately 52 metres (170 feet) on Battersea Road. The new residential lot will contain the existing dwelling and associated septic system and well on the property. The retained lands will be approximately 12.7 hectares (31.5 acres) with approximately 26.2 metres (86 feet) of frontage on Battersea Road. The retained 12.7 hectare (31.5 acre) parcel is intended to be used to assemble lands for future development purposes. Any future development of the retained parcel would be by way of a plan of subdivision.

New Minor Variance Applications:

4 - 88

89 111

Page 1 of 194

MV-39-20-L (Strickland) Location: Part of Lot 22 and 23, Concession 12, being Parts 8 – 10 on Plan 13R14860, District of Loughborough, Township of South Frontenac, municipally known as 92B Kismet Lane, Buck Lake. Purpose of Application: To vary sections 7.3.2 and 5.8.2 a) and b) of the Zoning By-law to permit an accessory building (shed) with a minimum 10 metre (33 foot) front yard setback and setback from the high water mark of Buck Lake, whereas the Zoning By-law requires a 30 metre (98.4 feet) from the high water mark and a to also vary the minimum 15 metre (49.2 feet) horizontal of the top of bank of any embankment.

112 122

MV-40-20-L (Vanderhaar) Location: Part of Lot 23, Concession 13, District of Loughborough, Township of South Frontenac, 1229 Twin Island Lane, Buck Lake Purpose of Application: To vary section 10.3.1 of the Zoning Bylaw to permit a seasonal dwelling with an attached deck and screened porch with a minimum 7.5 metre (24.6 foot) rear yard depth, and to allow a maximum 6.6% lot coverage for the principal building.

123 142

MV-41-20-L (McLachlan) Location: Part of Lots 10 and 11, Concession 6, District of Loughborough, Township of South Frontenac, being Parts 1, 2 and 3 on Plan 13R20492, Kennedy Island, Sydenham Lake. Purpose of Application: To vary sections 5.8.2 a) and 11.3.1 of the Zoning By-law to permit a seasonal dwelling with a minimum 27 metre (88.6 foot) front yard depth and setback from the high water mark of Sydenham Lake, measured to the western shoreline. Also, to vary section 11.3.1 to permit the same seasonal dwelling with a minimum 19.4 metre (63.6 foot) setback from the floodline of Sydenham Lake, measured to the east.

143 159

MV-43-20-L (Headrick) Location: Part of Lot 10, Concession 8, District of Loughborough, Township of South Frontenac, municipally known as 1023 Leadbeater Lane. Purpose of Application: To vary sections 5.8.2 a) and 8.3.1 of the Zoning By-law to permit the demolition and re-construction of an existing seasonal dwelling and attached deck with a new addition to the rear of the seasonal dwelling within the 30 metre setback from the high water mark. The re-construction of the seasonal dwelling and deck would be located in the same general footprint as the existing seasonal dwelling, maintain the current setback of 7 metres (23.7 feet) from the cottage and 3 metres (10 feet) from the deck to the high water mark. The applicant is also seeking additional relief from section 8.3.1 with respect to lot coverage for an increase of 1.9 % from the existing lot coverage.

160 174

MV-44-20-S (Sullivan) Location: Part of Lot 27 and Part Block A, Plan 544, being Parts 19, 21 and 22 on Plan 13R16884, District of Storrington, Township of South Frontenac, municipally known as 1031 Heron Lane, Loughborough Lake. Purpose of Application: To vary section 10.3.1, 5.8.2a) and 5.10.2 to permit the increase in height for a legal non-conforming dwelling, to be constructed in conformity with the maximum height allowable in the Limited Services Residential – Waterfront (RLSW) Zone, at the

175 192

Page 2 of 194

reduced highwater mark setback that currently exists on the limited services residential waterfront lot. 8.

Other Business

Report to the Committee of Adjustment with respect to Delegated Consent Approvals

Adjournment

Resolution

193 194

Page 3 of 194

Township of South Frontenac Committee of Adjustment Meeting Thursday, November 12, 2020 7:00 p.m. Council Chambers Virtual Meeting 4432 George Street, Sydenham, ON Page 4 of 194

Welcome to Virtual Meeting for the Committee of Adjustment This is a hearing of the Committee of Adjustment for the Township of South Frontenac. All members of the public are muted on our end and your cameras will not be turned on. Committee Members • Alan Revill (Chair of the Committee)

Township Staff • Anna Geladi (Planner) • Claire Dodds (Director)

• Norm Roberts • Mike Nolan • Ray Leonard • Mike Howe • Tom Bruce Page 5 of 194

• Ken Gee • Randy Ruttan

• Christine Woods (Senior Planner) • Michelle Hannah (Planning Assistant & Secretary Treasurer)

Format for the Meeting

The Chair will introduce the file
The Planner provides an overview of the application
Committee members ask questions
Comments from the applicant or their agent
Comments or questions from the public
The Committee will then deliberate and vote on the application
The Chair will state whether the vote was carried

Page 6 of 194

Appeal Rights • If a person or public body does not make oral submissions at the meeting or make written submissions to the Township of South Frontenac before a decision is made, the person or public body is not entitled to appeal the decision. • The applicant, the Minister, or any other person or public body who has an interest in the matter may within 20 days of making the decision or date of notice appeal to the Local Planning Appeal Tribunal against the decision of the committee by filing with the Secretary-Treasurer of the Committee a notice of appeal. • Township staff will be in contact with the applicant following the meeting. Where a decision has been made, the decision will be forwarded to the applicant and anyone who has requested to be notified within 15 days of this meeting. • If you have any questions after the meeting, please reach out to staff. Page 7 of 194

How to Speak Regarding an Application • The Chair of the meeting will open the floor to public comments • Click “Raise Hand” button to request to speak or dial *9 (star nine) when calling in by telephone • The Chair will recognize a member of the public, and the Meeting Host will unmute the member of the public • Once the member of the public is done speaking or the Committee has no further questions, the Meeting Host will mute their microphone

Page 8 of 194

In Case of Technical Difficulties • If a Committee member disconnects from the meeting, the meeting will proceed if quorum is met and the Committee member will attempt to reconnect. • Should all members of the Committee disconnect, members will be asked to reconnect. • If the meeting cannot be restored within 15 minutes, the meeting will be postponed. • Staff will be in touch with applicants. • A notice will also be posted on the Township’s social media letting you know.

Page 9 of 194

Agenda • Call to Order • Adoption of Agenda • Declaration of Pecuniary Interests • Approval of Minutes of Previous Meeting • Consent Applications • Minor Variance Applications • Other Business • Adjournment Page 10 of 194

Consent Applications

Page 11 of 194

S-08-20-S Reynolds (Beach)

Page 12 of 194

Application: S-08-20-S Owner: Catherine Reynolds Agent: Gary Beach Location of Property: Part Lot 9, Concession 9, District of Storrington, Township of South Frontenac, municipally known as 5056 Battersea Road

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and pending comments received approve application S-08-20-S for the consent to create a new residential lot in Part Lot 9, Concession 9, District of Storrington, Township of South Frontenac, 5056 Battersea Road, subject to conditions.

Page 13 of 194

Application: S-08-20-S Owner: Catherine Reynolds Agent: Gary Beach

Proposal • The applicant is applying to sever a parcel that consists of approximately 0.8 hectares (2 acres) of land with approximately 52 metres of road frontage on Battersea Road.

Page 14 of 194

• The retained 12.7 hectare parcel is intended to be used to assemble lands for future development purposes. Any future development of the retained parcel would be by way of a plan of subdivision.

Application: S-08-20-S Owner: Catherine Reynolds Agent: Gary Beach

Page 15 of 194

Application: S-08-20-S Owner: Catherine Reynolds Agent: Gary Beach

Page 16 of 194

Proposed Retained Parcel

Proposed Severance

Application: S-08-20-S Owner: Catherine Reynolds Agent: Gary Beach

Page 17 of 194

Application: S-08-20-S Owner: Catherine Reynolds Agent: Gary Beach

Comments • KFL&A Public Health: • Comments received from KFL&A Public Health indicate the retained lot is capable of providing flexibility in siting a sewage disposal system. • Cataraqui Region Conservation Authority: • Comments received from Cataraqui Conservation indicate no objections to the application. • Public Services: • Public Services recommended that the road frontage of the retained parcel be reduced to 20 metres and that the additional 6 metres be added to the severed lot. Retaining 20 metres of frontage on the retained parcel is sufficient to provide the standard 20 metre wide road allowance needed for a road to access a future plan of subdivision.

Page 18 of 194

• Public Comments: • Comments have been received from 5 members of the public. These members of the public are opposed to a potential subdivision on the retained parcel. All 5 members of the public raised concerns about existing water problems with wells and potential impacts from wells and septic systems of a subdivision. In addition, two expressed concerns for the preservation of land and wildlife, which would be disrupted by a future subdivision, as well as road safety related to increasing traffic and speeding in Battersea.

Application: S-08-20-S Owner: Catherine Reynolds Agent: Gary Beach

Planning Analysis Conforms to section 51(24) of the Planning Act:

Yes

Consistent with Provincial Policy Statement, 2020:

Yes

Conforms to the County of Frontenac Official Plan:

Yes

Conforms to Township Official Plan:

Yes

Current Official Plan Designation:

Settlement Area

Page 19 of 194

Application: S-08-20-S Owner: Catherine Reynolds Agent: Gary Beach

Planning Analysis • The subject lands are located in Battersea, which is a designated settlement area. In accordance with the Provincial Policy Statement 2020 and the County of Frontenac Official Plan, the Township of South Frontenac Official Plan intends for a majority of new growth to be directed to existing settlement areas where it can be supported by appropriate servicing. • The severed parcel meets the Township settlement area residential policies and servicing policies including having the minimum lot area and being able to be serviced by private water and sewage disposal systems and having frontage on a public road. • The severed parcel also complies with the Township land division policies. Page 20 of 194

Application: S-08-20-S Owner: Catherine Reynolds Agent: Gary Beach

Planning Analysis – Severed Parcel Current Zoning:

Urban Residential - First Density Zone

Complies with Zoning By-law 2003-75: No, re-zoning is required • Meets the required lot area • Proposed to have 58 metres of road frontage instead of required 76 metres • The reduced road frontage is appropriate: • located in a settlement area where growth is encouraged • is in keeping with the character of Battersea • would permit access to the retained parcel Page 21 of 194

• The reduced road frontage on the severed will be recognized through a zoning by-law amendment.

Application: S-08-20-S Owner: Catherine Reynolds Agent: Gary Beach

Planning Analysis – Retained Parcel Current Zoning:

Urban Residential - First Density Zone

Complies with Zoning By-law 2003-75: No, re-zoning is required • Exceeds the minimum lot area • Proposed to have 20 metres of road frontage instead of required 76 metres • The reduced road frontage is appropriate: • The intent for this frontage is to become a road that would be developed through a future plan of subdivision. • The Township requires a standard 20 metre wide road allowance, as per the Road and Lane Standard Cross-Section Policy. Page 22 of 194

• The reduced road frontage on the retained parcel will be recognized through a zoning by-law amendment.

Application: S-08-20-S Owner: Catherine Reynolds Agent: Gary Beach

Planning Analysis – Retained Parcel • A recommended condition of approval is that a Holding (-H) symbol be placed on the zone of the retained parcel to regulate building and future development on this parcel. • The holding symbol may only be removed by by-law to allow development of the property when a plan of subdivision agreement between the property owner and the Township has been executed and registered on title. • Any future lot creation from the retained parcel must occur by plan of subdivision to ensure the orderly development of the land. • To date, a plan of subdivision application has not been submitted and there are no immediate plans to develop the retained parcel. • A decision on a future plan of subdivision would be made by the County of Frontenac with the input from South Frontenac Council and would go through a fulsome public consultation process. Page 23 of 194

• Comments and concerns raised by the public would be addressed through the plan of subdivision process.

Application: S-08-20-S Owner: Catherine Reynolds Agent: Gary Beach

Proposed Conditions of Approval

Page 24 of 194

• All conditions must be completed within one year of notice of decision • Lands shall be surveyed and an acceptable reference plan shall be provided • A draft reference plan shall be submitted by the Surveyor or applicant for review prior to depositing • Payment of outstanding taxes and local improvement charges • Parkland fee payable • Confirmation of no abandoned wells on the property • The retained parcel be rezoned to establish a site-specific zone to recognize the reduced road frontage along Battersea Road and to establish a holding symbol that would prohibit any building or development on the retained parcel until such time as a subdivision agreement is entered between the owner of the lands and South Frontenac Council for the lands. • The severed parcel be rezoned to a site-specific zone to recognize a reduced road frontage. Please contact the Township’s Planning Department to begin this process.

Page 25 of 194

Questions from Committee Members Upon the Chair asking if any members would like to speak to the matter, please remember to unmute yourself before you begin to speak.

Page 26 of 194

Comments from the Applicant and/or the Agent If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen • If you are calling in by phone, please dial *9 (star nine) Please wait to speak until you hear your name and your microphone has been unmuted. Page 27 of 194

Comments & Questions from the Public If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen • If you are calling in by phone, please dial *9 (star nine) Please wait to speak until you hear your name and your microphone has been unmuted. Page 28 of 194

Resolution & Voting Upon the Chair asking if any member of the Committee is opposed to the Resolution, please advise if you are opposed. The chair will call if the vote is carried or is lost.

Page 29 of 194

Minor Variance Applications Page 30 of 194

MV-39-20-L Strickland

Page 31 of 194

Application: MV-39-20-L Owner: Peter Strickland Location of Property: 92B Kismet Lane, Buck Lake, Loughborough District

Page 32 of 194

Application: MV-39-20-L Owner: Peter Strickland

Page 33 of 194

Application: MV-39-20-L Owner: Peter Strickland

Proposal An application for minor variance was received to permit an accessory building (shed) within the required 30 metre setback from the high water mark of Buck Lake and the required 15 metre setback from the top of bank.

Page 34 of 194

Application: MV-39-20-L Owner: Peter Strickland

Page 35 of 194

Proposed location of shed 32

Application: MV-39-20-L Owner: Peter Strickland Location of Property: 92B Kismet Lane, Buck Lake, Loughborough District

Page 36 of 194

Questions from Committee Members Upon the Chair asking if any members would like to speak to the matter, please remember to unmute yourself before you begin to speak.

Page 37 of 194

Resolution & Voting Upon the Chair asking if any member of the Committee is opposed to the Resolution, please advise if you are opposed. The chair will call if the vote is carried or is lost.

Page 40 of 194

MV-40-20-L Vanderhaar

Page 41 of 194

Application: MV-40-20-L Owners: Brad & Amanda Vanderhaar Location of Property: 1229 Twin Island Lane, Buck Lake, Loughborough District

Page 42 of 194

Application: MV-40-20-L Owners: Brad & Amanda Vanderhaar

Page 43 of 194

Application: MV-40-20-L Owners: Brad & Amanda Vanderhaar

Proposal • Construct a one-and-a-half storey seasonal dwelling with a walkout basement and an attached deck and screened porch. • The dwelling would have a reduced rear yard and increased lot coverage. • The dwelling and septic system would be located a minimum of 30 metres from the high water mark of Buck Lake.

Page 44 of 194

Application: MV-40-20-L Owners: Brad & Amanda Vanderhaar Location of Property: 1229 Twin Island Lane, Buck Lake, Loughborough District

Page 45 of 194

Questions from Committee Members Upon the Chair asking if any members would like to speak to the matter, please remember to unmute yourself before you begin to speak.

Page 46 of 194

Resolution & Voting Upon the Chair asking if any member of the Committee is opposed to the Resolution, please advise if you are opposed. The chair will call if the vote is carried or is lost.

Page 49 of 194

MV-41-20-L McLachlan

Page 50 of 194

Application: MV-41-20-L Owner: Michael McLachlan Location of Property: Kennedy Island, Sydenham Lake, Loughborough District

Page 51 of 194

Application: MV-41-20-L Owner: Michael McLachlan

-L

Page 52 of 194

Application: MV-41-20-L Owner: Michael McLachlan

Proposal • Construct a one storey seasonal dwelling • Reduced setbacks from the highwater mark and the floodline of Sydenham Lake

Page 53 of 194

Application: MV-41-20-L Owner: Michael McLachlan Location of Property: Kennedy Island, Sydenham Lake, Loughborough District

Page 54 of 194

Questions from Committee Members Upon the Chair asking if any members would like to speak to the matter, please remember to unmute yourself before you begin to speak.

Page 55 of 194

Resolution & Voting Upon the Chair asking if any member of the Committee is opposed to the Resolution, please advise if you are opposed. The chair will call if the vote is carried or is lost.

Page 58 of 194

MV-43-20-L Headrick

Page 59 of 194

Application: MV-43-20-L Owner: David Headrick Location of Property: 1023 Leadbeater Lane, Sydenham Lake, Loughborough District

Page 60 of 194

Application: MV-43-20-L Owner: David Headrick

Page 61 of 194

Application: MV-43-20-L Owner: David Headrick

Proposal • An application for minor variance was received to permit a 30 square metre (320 sq. ft.) addition to the rear of an existing 60 square metres (647 sq. ft.) seasonal dwelling.

Page 62 of 194

• The application was subsequently updated to include reconstruction of the existing dwelling and attached deck. The dwelling with attached deck would be located within the minimum setback from the highwater mark and the minimum front yard. 59

Application: MV-43-20-L Owner: David Headrick

Page 63 of 194

Application: MV-43-20-L Owner: David Headrick Location of Property: 1023 Leadbeater Lane, Sydenham Lake, Loughborough District

Page 64 of 194

Questions from Committee Members Upon the Chair asking if any members would like to speak to the matter, please remember to unmute yourself before you begin to speak.

Page 65 of 194

Resolution & Voting Upon the Chair asking if any member of the Committee is opposed to the Resolution, please advise if you are opposed. The chair will call if the vote is carried or is lost.

Page 68 of 194

MV-44-20-S Sullivan

Page 69 of 194

Application: MV-44-20-S Owner: Brandon Sullivan Location of Property: 1931 Heron Lane, Loughborough Lake, Storrington District

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-44-20-S, subject to conditions.

Page 70 of 194

Application: MV-44-20-S Owner: Brandon Sullivan

Page 71 of 194

Application: MV-44-20-S Owner: Brandon Sullivan

Proposal An application for minor variance has been received to permit a 61 square metre, second storey addition to an existing dwelling within the minimum 30 metre setback from the highwater mark of Loughborough Lake.

Page 72 of 194

Application: MV-44-20-S Owner: Brandon Sullivan

Relief Sought Official Plan Designation:

Zoning:

Rural Zoning Relief Requested: Section 5.8.2 a): Flooding and Shoreline Erosion Hazards

Limited Service Residential –Waterfront (RLSW)

Section 10.3.1: Waterbody Setback, Front Yard

Relief: To permit a second storey dwelling addition with a minimum highwater mark setback and front yard depth of 24.8 metres (81 feet), whereas the By-law requires a 30 metre (98.4 feet) setback from the highwater mark and front yard depth for the principal building.

Page 73 of 194

The application, as presented, meets the four tests for a minor variance under the Planning Act.

Application: MV-44-20-S Owner: Brandon Sullivan

Page 74 of 194

Application: MV-44-20-S Owner: Brandon Sullivan

Page 75 of 194

View from Heron Lane

View from the side 72

Application: MV-44-20-S Owner: Brandon Sullivan

Comments • Public Services Department – Public Services was not circulated the application due to its nature. • Building Department - All approved setbacks will need to be confirmed by an Ontario Land Surveyor. • KFL&A Public Health – KFL&A Public Health have no objections, however note that if the minor variance is approved and the applicants move forward with the proposed addition, they will have to also apply to install a new sewage system in order to comply with current Ontario Building Code standards. • Ministry of Environment, Conservation and Parks – Comments received from the Ministry of Environment, Conservation and Parks indicate staff have no concerns with the minor variance. • Cataraqui Conservation – Cataraqui Conservation Staff indicate that Staff have no objection to the minor variance provided that roof runoff be directed away from the lake and that the area between the development and the lake be maintained as a vegetated buffer to the satisfaction of the Township. Page 76 of 194

• Public Comments – No written comments have been received from the public to date. 73

Application: MV-44-20-S Owner: Brandon Sullivan Location of Property: 1931 Heron Lane, Loughborough Lake, Storrington District

Page 77 of 194

Application: MV-44-20-S Owner: Brandon Sullivan

Proposed Conditions of Approval • The Minor Variance is approved in accordance with plans submitted • A development agreement will be required to be registered on title • A building permit is required for all construction and demolition on the property • MV-44-20-S is only applicable to South Frontenac Township Comprehensive Zoning By-Law 2003-75 and not to any subsequent zoning by-laws

Page 78 of 194

Questions from Committee Members Upon the Chair asking if any members would like to speak to the matter, please remember to unmute yourself before you begin to speak.

Page 79 of 194

Resolution & Voting Upon the Chair asking if any member of the Committee is opposed to the Resolution, please advise if you are opposed. The chair will call if the vote is carried or is lost.

Page 82 of 194

Questions from Committee Members Upon the Chair asking if any members would like to speak to the matter, please remember to unmute yourself before you begin to speak.

Page 83 of 194

Resolution & Voting Upon the Chair asking if any member of the Committee is opposed to the Resolution, please advise if you are opposed. The chair will call if the vote is carried or is lost.

Page 86 of 194

Other Business

Consents approved by Consent Granting Authority • S-26-20-P (Bain) • S-27-20-P (Bain) • S-28-20-L (Southall) • S-29-20-P (Johnston)

Page 87 of 194

Township of South Frontenac Committee of Adjustment Meeting Conclusion/Adjournment

Page 88 of 194

T‘i‘IJVl}‘l“i€l-?I‘l1=‘V;,,Q, s6tit’l:iiFl§ONTI§*lAc APPLICATIONFOR CONSENT Planning Act, R.S.0.

‘

c. P.13 as amended 199Q,

Date Received:

File No:

‘

i: N . A

Date:

Amount: Pre-consultation Fee Received: fee) application to the applied (within 6 months to be 1.

Name of Owner(s):

MouN‘.

Full Mailing Address of Owner(s):

Phone number of Owner(s)

Email Address of Owner(s): _ 2.

the owner that If the applicant is NOT the owner of the subject land, the written authorization of application. the accompany the applicant is authorized to make the application, must Name of Authorized Agent:

lgZAcH . Q4-27

Full Mailing Address of Authorized Agent:

Phone number of AuthorizedAgent:_

Email Address of AuthorizedAgent:

Agent as named above is hereby authorized to act on behalf of the owners for processing this application for Minor Variance. ézzz

purposes of

A“I’n4CI—/-£19/fvne/£/z/F77cI/-

Signature(s) of Owner(s) 3.

The description of the subject land: District: Concession

D Bedford

D Portland

Number: Cc>2~Ja_’.§S‘IonJ

C-5.

U Loughborough

Lot Number:

LJES7‘

V§orrington )e!‘727‘ Lo'7“3.

Page 89 of 194

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR CONSENT Planning Act, R.S.O. 1990, c. P.13 as amended Street Number: 5‘0-gé Reference Plan Number:

1029

Roll Number:

5’/1717525/a/tr

Name of Road/Street: :U<>‘7’ Seed’

we (go

Part Number(s):

:0.

”‘

‘

IZ‘%’oo

The frontage(s), depth and area of the subject land.

Frontage (on water):

Frontage (on road/lane):

AJ 4.

900

Depth:

Area;

78 M/z_‘I"rZ£S .

1%’

The type and the purpose of the proposed transaction, such as a transfer for the creation of a new lot, a lot addition, an easement/right-of-way, a charge, a lease or a correction of title.

IJELJ

1.177‘.

The following information regarding the land intended to be severed and the land to be retained: NOTE: if your application is for a new lot, answer question 6(a); if the application is for a lot addition or right-of-way only, answer question 6(b).

a. The frontage, depth and the area in metric (area can be acres). (Complete this section for a new lot only) Retained Lot:

Proposed New Lot:

Frontage Jlugifa OnRoad

Frontage OnRoad Frontage On Water

Depth

5% /./i }

Area

.">Z=3 /t(lZl£§.

Frontage

-"’/A’

‘‘1

On Water Depth

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,.’.

GK’ Flégr

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_ ICE *1“)

/4*

‘$53

Mt£T7Za€&

’4‘=)Area'54 VT’-~14 51’ ./Z2: ‘2

Please list/describe the existing and proposed USES of the land to be severed and to be retained: Existing Uses New Lot:

£23/l3AEl~—“I”A’Ll‘_é14’£“

Retained:

V/t<A'1-"‘7‘W0.

Proposed Uses /V0

&5l§¢’1~J7’l.4-1-

Page 90 of 194

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR CONSENT Planning Act, R.S.O. 1990, c. P.13 as amended Structures Existing

New Lot:

Structures Proposed

&»:s:0zpc:_

£225 x0L—/C15

Structures Existing

Structures Proposed

OLID gmo

Retained Lot:

lQé1SrL”/£I~—’Cz.-‘S’,

(b) The frontage, depth and the area in metric (area can be of-way (R.O.W.) only) Proposed Lot

Addition (or right-of-way)

. (Complete for a lot addition or right-

Retained Lot: (This is the property_from which the lot addition is being severed or over which the R. O. W will run)

Frontage On Road:

Frontage On Water:

Depth:

______________T

___~

Area:

Please list/describe the existing and proposed USES of the land to be severed and to be retained:

Present Use of Property

Proposed Use of Property

Structures Existing

Structures Proposed

Lot Addition or R.O.W: Retained:

Lot Addition (or R.O.W.):

Retained Lot:

Page 91 of 194

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR CONSENT Planning Act, R.S.O. 1990, c. P.13 as amended

Please list the name of the person(s) to whom the land or an interest in the land is to be transferred, charged or leased (if known): HOT

may tBrz.m1r-n~2ZO\

Indicate whether there are any easements or restrictive covenants affecting the subject land and a description of each easement or covenant and its effect (if known):

U/_;IéAJ<:2,vi-/

9.Name of road or lane which accesses:

The new lot (lot addition or R.O.W.): “779

The retained lot: /‘JEN £5’/i’0

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is-was

E6 /‘Ia5’‘4’fL-l5520

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NOTE: Some roads (particularly former “County" Roads) have speci?c requirements for spacing between entrances. Also, any proposed new entrance must have safe sight-lines. These requirements may affect the success of your application. if you wish to check the status of your road or sight line conditions, please contact the Roads Department at 376-3027. If access to the new lot is by water only, describe the parking and docking facilities to be used and the approximate distance of these facilities from the subject land and the nearest public road.

p/2+»

New Lot:

(J//4 -

Retained Lot:

Note the method by which water will be provided, i.e., by a publicly owned and operated piped water system, privately owned and operated individual or communal well, a lake or other water body or other means.

.14‘

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Page 92 of 194

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR CONSENT Planning Act, R.S.O. 1990, c. P.13 as amended 13. If known, has the subject land ever been the subject of a previous consent (severance) application OR an application for a plan of subdivision under section 51 of the Planning Act? if so,

please indicate: (a) The file #: (c) The

U -4

(b) The decision on the application:

A//*4

use of the lot created (if applicable): currept -.1 A-

If known, has the subject land ever been the subject of any other application under the Planning Act, such as an application for an amendment to an official plan, a zoning by-law, a minister’s zoning order, a minor variance? lf so, please indicate:

(b) The file #2

F’/wt

(b) The decision on the application:

‘4/4"

15.Are there any abandoned wells on the property you aware of’?

U Yes

L No

A SKETCH must be submitted showing the following: a) The boundaries and dimensions of the subject land, the part that is to be severed and the part that is to be retained. b) The location of all land previously severed from the parcel (if applicable) originally acquired by the current owner of the subject land. c) The approximate location of all natural and arti?cial features on the subject land and on the abutting lands. Examples include buildings, railways, roads, watercourses, drainage ditches, river or stream banks, barns, wetlands, wooded areas, wells and septic tanks. Show distance

of these features from the applicant’s property lines. d) The current uses of land that is abutting the subject land, such as residential, agricultural and commercial uses (if agricultural, please indicate the approximate distance of any barn structure from the proposed new lot). Note: The existence of a nearby barn or other farm type structure may affect the success of your application because of incompatibility issues. Please check with the Planning Department regarding the implications of any farm structure, on your application. e) The location, width and name of any roads within or abutting the subject land, indicating whether it is an unopened road allowance, a public travelled road, a private road or a right of way.

Page 93 of 194

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR CONSENT Planning Act, R.S.O. 1990, c. P.13 as amended f) Ifaccess to the subject land is by water only, the location of the parking and boat docking facilities to be used. g) The location and nature of any easement affecting the subject land. h) The location of any abandoned wells on the property. i) Please prepare your sketch so that North is at the top of the page.

Page 94 of 194

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR CONSENT Planning Act, R.S.O. 1990, c. P.13 as amended AGREEMENT TO INDEMNIFY Attached to this application is a cheque payable to the Township of South Frontenac in the correct amount representing payment of the application fee. The Owner/ApplicantIAgent agrees that the information recorded in this Consent Application Form is accurate. The Owner/ApplicantIAgent agrees that representatives of the Township, Public Health and. where applicable, the appropriate Conservation Authority, may enter onto the subject property for the purpose of determining the appropriateness of the site for the proposed development. The Owner/Applicant agrees to reimburse and indemnify the municipality for all fees and expenses incurred by the municipality to process the application, including any fees and expenses attributable to proceedings before the Ontario Municipal Board or any court or other administrative tribunal if necessary to defend the Committee’s decision to support the application. Without limiting the foregoing, such fees and expenses shall include the fees and expenses of consultants, planners, engineers, lawyers and such other professional and technical advisors as the municipality may, in its absolute discretion acting reasonably, consider necessary or advisable to more properly process and support the application. The Owner/Applicant further agrees to provide the municipality, upon request and in cases where an application has been appealed to the Ontario Municipal Board, with a deposit (over and above the normal application fee), from which the municipality may, from time to time charge any fees and expenses incurred by the municipality in order to process the application. if such appeal expenses exceed the deposit, the Owner/Applicant shall pay the difference forthwith upon being billed by the municipality, with interest at the rate of 1.25% per month (15% per annum) on accounts overdue more than 30 days, The OwnerIApplicant further agrees that, until such requests have been complied with, the municipality will have no continuing obligation to process the application or attend or be represented at the Ontario Municipal Board or any court or other administrative proceeding in connection with the application:

Page 95 of 194

SkefCh07.dwg

Geographic

Township

Frontenac

of South

SEVERANCE SKETCH C. Reynolds Owner: 10290600500900 RON #

NOTE: Dimensions and Township Fabric compiled from Frontenac Maps and Google Earth

Approx. Scale 1 : 2000 (metres)

dwelling

E To Be SEVERED “x

( 0.9 ha)

TO BE RETAINED HY SELLER

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PETA/NED LAND ( 73 ff‘ ha )

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Page 96 of 194

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of South

NOTE: Dimensions and Township Fabric compiled Frontenac Maps and Google Earth

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from

Approx. Scale 1 : 2000 (metres)

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Page 97 of 194

M ill St

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Inset Map

Loughborough Lake

S-08-20-S (Reynolds) (Beach)

Milburn Creek

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Sands Rd

Legend Proposed Road Proposed Severance

Proposed Road

Reynolds Property Lot Fabric Provincially Significant Wetlands

Retained Land

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.

Page 98 of 194

Cedar Lake

Scale 1:4,500

100

150

Meters UTM Projection NAD 83

200

PLANNING REPORT – CONSENT APPLICATION

Report Date:

November 6, 2020

Application No: Owner: Agent: Location of Property:

S-08-20-S Catherine Reynolds Gary Beach Part Lot 9, Concession 9, District of Storrington, Township of South Frontenac, municipally known as 5056 Battersea Road Purpose of Application: Consent to create one new residential lot Recommendation: That provisional consent be: 

granted with conditions (attached) deferred denied

Purpose:

enlarge abutting lot 

create new lot right-of-way / easement other: Severed Parcel

Retained Parcel

Official Plan Designation:

Settlement Area

Zoning:

Urban Residential – First Density Zone (UR1)

Area:

+/- 0.8 hectares (+/- 2 acres)

+/- 12.7 hectares (+/-31.5 acres)

Frontage on Road:

+/-58 metres (+/-190 feet) on Battersea Road

+/-20 metres (+/-66 feet) on Battersea Road

Frontage on Water:

N/A

Review: This application:  Conforms with section 51(24) of the Planning Act;  Does not require a plan of subdivision for the proper and orderly development of the municipality (s. 53(1) Planning Act);  Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act);  Conforms with the County of Frontenac Official Plan (3.3);  Conforms with the Township of South Frontenac Official Plan (5.2, 5.6 & 7.1);  Complies with the Township of South Frontenac Zoning By-law 2003-75 (or will comply subject to a standard condition of rezoning). __ There are public comments that remain unresolved. This consent application does not meet the criteria to be considered an undisputed consent as there continue to be unresolved public comments. As such, it is being forwarded to the Committee of Adjustment for a decision. Page 99 of 194

Proposal The purpose of this consent application is to create a new residential lot. The subject property is located in the settlement area of Battersea on the south side of Battersea Road and is municipally known as 5056 Battersea Road. There is existing residential development along Battersea Road. The subject lands are surrounded by farmland and forest. The severed parcel consists of approximately 0.8 hectares (+/- 2 acres) and has approximately 58 metres (+/- 190 feet) of frontage on Battersea Road. The severed parcel contains a single detached dwelling, a shed as well as an associated septic system and well (see location map). The retained parcel consists of approximately 12.7 hectares (+/- 31.5 acres) with approximately 20 metres (+/- 66 feet) of frontage on Battersea Road. The retained parcel consists of vacant land primarily of farmland and forest. There is a small wetland in the south east corner of the retained parcel. The retained parcel is intended to be used to assemble lands for future development purposes. Any future development of the retained parcel would be by way of a plan of subdivision. The 20 metres (+/- 66 feet) of frontage on Battersea Road is proposed to be a road for a future plan of subdivision. The applicant originally proposed a 26.2 metre road frontage on the retained parcel. The road frontage was revised to 20 metres (66 feet) upon recommendation of the Public Services Department.

Agency and Public Comments Public Services Department – Comments received from the Public Service Department on November 4, 2020, indicated that they have no objections to the application. Public Services recommended that the road frontage of the retained parcel be reduced to 20 metres and that the additional 6 metres be added to the severed lot. Retaining 20 metres of frontage on the retained parcel is sufficient to provide the standard 20 metre wide road allowance needed for a road to access a future plan of subdivision. Cataraqui Conservation – Comments received from Cataraqui Conservation on October 14, 2020 indicate that Staff have no objection to the approval of the application based on consideration for natural hazard, natural heritage and water quality and quantity protection policies. KFL&A Public Health – Comments received from KLF&A Public Health on October 13, 2020 indicate the retained lot is capable of providing flexibility in siting a sewage disposal system. Specific requirements for soil conditions will be indicated on an Application to Construct a Sewage System prior to site development. Public Comments – Comments have been received from 5 members of the public. These members of the public are opposed to a potential subdivision on the retained parcel. All 5 members of the public raised concerns about existing water problems with wells and potential impacts from wells and septic systems of a subdivision. In addition, two expressed concerns for the preservation of land and wildlife, which would be disrupted by a future subdivision, as well as road safety related to increasing traffic and speeding in Battersea.

Analysis The subject lands are located in Battersea, which is a designated settlement area. In accordance with the Provincial Policy Statement 2020 and the County of Frontenac Official Plan, the Township of South Frontenac Official Plan intends for a majority of new growth to be directed to existing settlement areas where it can be supported by appropriate servicing.

Page 100 of 194

The proposed consent to sever the existing residential use from the subject lands is permitted by Section 5.6.6 of the Township of South Frontenac Official Plan. The severed parcel meets the Township settlement area residential policies and servicing policies (section 5.6.1 and section 6.10.2) including having the minimum lot area and being able to be serviced by private water and sewage disposal systems and having frontage on a public road. The severed parcel also complies with the Township land division policies (section 7.1) of the Official Plan. The severed parcel is proposed to have 58 metres of road frontage instead of the minimum 76 metres required in the Urban Residential – First Density zone (UR1). The reduced road frontage is appropriate as the severed parcel is located in a settlement area where growth is encouraged, and is in keeping with the character of Battersea. The reduced road frontage would permit access to the retained parcel that would be suitable to permit a future road through a plan of subdivision on the retained lands. The reduced road frontage on both the severed and retained parcels will be recognized through a zoning by-law amendment. As such, a recommended condition of approval is that the applicant apply to have the severed parcel rezoned to a site-specific zone that would recognize a minimum frontage of 58 metres along Battersea Road. The retained parcel is proposed to be rezoned to recognize a minimum frontage of 20 metres. The retained parcel exceeds the minimum lot area required by the UR1 zone. However, it does not meet the minimum lot frontage that would facilitate the construction of a dwelling on this property in advance of creating an internal road by a future plan of subdivision. A 20 metre road frontage is appropriate for the retained parcel given the intent for this frontage to become a road that would be developed through a future plan of subdivision. The Township requires a standard 20 metre wide road allowance, as per the Road and Lane Standard Cross-Section Policy. A recommended condition of approval is that a Holding (-H) symbol be placed on the zone of the retained parcel to regulate building and future development on this parcel. The holding symbol would signify that only existing uses are permitted. The holding symbol may only be removed by by-law to allow development of the property when a plan of subdivision agreement between the property owner and the Township has been executed and registered on title. Any future lot creation from the retained parcel must occur by plan of subdivision to ensure the orderly development of the land. To date, a plan of subdivision application has not been submitted and there are no immediate plans to develop the retained parcel. Should a plan of subdivision application be submitted, numerous studies including a hydrogeological assessment, terrain analysis, environmental impact assessment, species at risk assessment and traffic impact study would be required. The concerns raised by the public would be considered and addressed through the plan of subdivision process. Landowners within 120 metres of the plan of subdivision would be notified of any future plan of subdivision application. At this time, the Committee of Adjustment is being asked to make a decision on this consent application as it does not meet the criteria for an undisputed consent due to the nature of public comments on this application and because the severed and retained parcels have deficient frontage. A decision on a future plan of subdivision would be made by the County of Frontenac with the input from South Frontenac Council and would go through a fulsome public consultation process. Comments and concerns raised by the public would be addressed through the plan of subdivision process.

Conclusion It is recommended that application S-08-20-S be approved for the consent to create a new residential lot in Part Lot 9, Concession 9, District of Storrington, Township of South Frontenac, municipally known as 5056 Battersea Road, subject to conditions.

Page 101 of 194

Recommended Conditions for Consent Application S-08-20-S Expiry Period

Conditions imposed must be met within one year of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within one year, the application shall be deemed to be refused. Provided the conditions are fulfilled within one year, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands
The land to be severed by Consent Application S-08-20-S shall be for the creation of one new residential lot with an area of approximately 0.8 hectares (+/- 2 acres) and has approximately 58.2 metres (+/- 190 feet) of frontage on Battersea Road. Survey/Reference Plan or Registerable Description
An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official 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 date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The surveyor or applicant shall submit the draft Reference Plan electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office. Road Widening
The surveyor who prepares the reference plan referred to in Conditions #3, and #4 shall also determine by survey the width of the public road to be 20 metres (66 feet). If such width is less than 20 metres (66 feet), the owner shall dedicate to the Township land along the frontage of the severed lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 10 metres (33 feet) 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 issuance of the Certificate of Official; 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 the issuance of the Certificate of Official.

Page 102 of 194

Municipal Requirements 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. The Township of South Frontenac shall receive 5% of the value of the parcel to be severed through Consent Application S-08-20-S, in lieu of parkland [Planning Act, s. 51(1)]. 8. In the event that there are abandoned wells located on the severed parcel or the retained parcel, the wells shall be sealed in accordance with the requirements of the Ministry of the Environment, Conservation and Parks and that this work shall be accomplished prior to the issuance of the Certificate of Official. Zoning 9. The retained parcel be rezoned to establish a site-specific zone to recognize the reduced road frontage along Battersea Road and to establish a holding symbol that would prohibit any building or development on the retained parcel until such time as a subdivision agreement is entered between the owner of the lands and South Frontenac Council for the lands. Please contact the Township’s Planning Department to begin this process. 10. The severed parcel be rezoned to a site-specific zone to recognize a reduced road frontage. Please contact the Township’s Planning Department to begin this process. 11. Where a violation of the Township of South Frontenac Comprehensive Zoning Bylaw is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Municipality. Submitted by: Anna Geladi, Planner Reviewed by: Christine Woods, MCIP, RPP, Senior Planner Approved by: Claire Dodds, MCIP, RPP, Director of Development Services Site Visit: October 20, 2020

Page 103 of 194

Page 104 of 194

October 14, 2020

File: SEV/FRS/204/2020

Sent by E-mail Ms. Anna Geladi, Planner Township of South Frontenac P.O. Box 100 Sydenham, Ontario K0H 2T0 Dear Ms. Geladi: Re:

Application for Consent to Sever S-08-20-S (Reynolds / Beach) Part Lot 9, Concession 9; 5056 Battersea Road Storrington District, Township of South Frontenac

Cataraqui Conservation staff have reviewed the above-noted application for consent to sever and offer the following comments for the Land Division Committee’s consideration. Summary of the Proposal The applicant has requested severance of a 0.8 hectare (2 acre) parcel of land fronting on Battersea Road. The lot to be severed is proposed to be used for residential purposes. The lot to be retained would be approximately 12.75 hectares (31.5 acres) in area also having frontage onto Battersea Road. The lot to be retained consists of agricultural fields and woodlands and is proposed to remain in its present use. Site Description As noted above, the property consists of agricultural fields and woodlands. The lot to be severed drains toward Battersea Road but the majority of the retained lot slopes away from the road in a southerly direction. There are pockets of land on the southern end of the retained parcel that are showing up as unevaluated wetlands on our wetland mapping layer. The lot to be severed will contain the existing residence and associated development. The retained lot currently contains a shed. The property is designated ‘Settlement Area’ in the Official Plan and zoned ‘Urban Residential – First Density Zone’ (UR1) in the implementing Zoning By-law. The wetland areas are not designated as wetland in the Zoning By-law. Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

Page 105 of 194

Page 2 of 2

Discussion The main interest of Cataraqui Conservation in this proposal is the protection of the natural heritage features of the unevaluated wetland pockets noted above. Natural Heritage / Wetlands In accordance with the Provincial Policy Statement and the Township Official Plan, natural features and their ecological and/or hydrological functions shall be protected for the long term. Staff have concluded that the lot to be severed does not lie within or immediately adjacent to any natural heritage features. Therefore, staff have no concerns with the proposed lot to be severed. As noted above, wetland mapping suggests that there are wetland pockets on the southern portion of the retained lot. However, staff are not convinced that some of these pockets are wetland due to the topographic information available for the property that would suggest otherwise. Irregardless, these are relatively small isolated wetland pockets and there is considerable area outside of these wetland pockets for future development to occur on the retained parcel. Recommendation Staff have no objection to the approval of application S-08-20-S based on our consideration for natural hazards, natural heritage, and water quality and quantity protection policies. Please inform this office of any decision made by the Committee with regard to this application. If you have any questions, please contact the undersigned at 613-546-4228 ext. 244, or by e-mail at aschmidt@crca.ca Yours truly,

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

Michelle Hannah, South Frontenac Township (via e-mail) Gary Beach, applicant’s agent (via e-mail) Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

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Michelle Hannah From: Sent: To: Subject:

john October-13-20 2:26 PM planning RE: S-08-20-S

ATT’N: MICHELLE HANNAH - WE LIVE AT 5063 BATTERSEA ROAD & HAVE HAD WATER PROBLEMS WITH OUR WELL. WE BELIEVE MORE DEVELOPMENT HIGHER THAN OUR PROPERTY COULD LEAVE US WITHOUT ANY WATER.

-This email has been checked for viruses by Avast antivirus software. https://www.avast.com/antivirus

Page 110 of 194

Michelle Hannah From: Sent: To: Subject:

Christopher Chesbro October-08-20 12:06 PM planning Re: Michelle Hannah.

Attn: Michelle Hannah I am responding to a letter that was mailed out to my parents the letter was to inform us that there is a “Notice of Application” for Catherine Reynolds, File No. S-08-20-S My mother and I (Chris Chesbro) live at We are concerned that this construction will effect our well water because of the septic systems and weeping tiles that are going to be put in the ground. We also are not looking forward to having people living in our backyard. If Ms Reynolds would like to build a house for herself that is fine, but We do not want a subdivision built in our backyard. We like our privacy and my neighbours are not in agreement with this also. I can be reached at as can my Mother Lorna J Miller. Thank you, Chris Chesbro, Lorna J Miller K0H 1H0 From: Christopher Chesbro Sent: October 5, 2020 6:54 PM To: planning@southfrontenac.net planning@southfrontenac.net Subject: Michelle Hannah.

Catherine Reynolds File No.:S-08-20-S I have concerns about the Proposed land development that will be taking place on this property. I live at with my elderly mother and we are concerned about this development of a possible subdivision. We are on a well system here and Im afraid this new development will contaminate our well system and I am not too happy about the fact that there will be major construction and close residential homes being built close to my home. If Ms Reynolds want to build a house for herself that’s fine, but I don’t want any subdivision going in close to me. Thank you Chris Chesbro.

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Page 119 of 194

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Page 120 of 194

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Page 121 of 194

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Report Date:

November 6, 2020

Application No: Owners: Location of Property:

MV-39-20-L Peter Strickland Part of Lot 22 and 23, Concession 12, being Parts 8 – 10 on Plan 13R14860, District of Loughborough, Township of South Frontenac, municipally known as 92B Kismet Lane, Buck Lake Purpose of Application: To vary Sections 5.8.2(a), 5.8.2(b) and 7.3.2 of Township of South Frontenac Comprehensive Zoning By-law 2003-75 Date of Hearing: November 12, 2020

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Buck Lake

Inset Map

1:23,000

MV-40-20-L (Vanderhaar) TWIN ISLAND LANE

Legend Subject Property Parcel Fabric Provincially Significant Wetlands Wetland River/ Stream Waterbody

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

Page 141 of 194

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.

la Is

Scale 1:500 0 1.5 3

Meters UTM Projection NAD 83

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Report Date:

November 5, 2020

Application No: Owners: Location of Property:

MV-40-20-L Brad & Amanda Vanderhaar Part of Lot 23, Concession 13, District of Loughborough, Township of South Frontenac, 1229 Twin Island Lane, Buck Lake Purpose of Application: To vary Section 10.3.1 of Comprehensive Zoning By-law 2003-75 Date of Hearing: November 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-40-20-L to receive comments from Cataraqui Conservation. Proposal An application for minor variance was received to permit a one-and-a half storey seasonal dwelling with a walkout basement and an attached deck and screened porch on the subject property. The 0.16 hectare (0.4 acre) property is currently vacant. The proposed dwelling would have a rear yard setback of 7.5 metres (24.6 feet) instead of 10 metres (32.8 feet), and would require an increase in the allowable lot coverage for the principal building from 5% to 6.6%. The dwelling would be located a minimum of 30 metres from the high water mark of Buck Lake. A new tertiary septic system is proposed to be installed in a location that would comply with zoning requirements, including the minimum 30 metre setback from the highwater mark.

Submitted by: Christine Woods, MCIP RPP, Senior Planner Approved by: Claire Dodds, MCIP, RPP, Director of Development Services Date of Site Visits: May 21, 2020 and June 24, 2020

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Scale 1:10,000 0 2550 100 150 200 Meters UTM Projection NAD 83

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Report Date:

November 5, 2020

Application No: Owner: Location of Property:

MV-41-20-L Michael McLachlan Part of Lots 10 and 11, Concession 6, District of Loughborough, Township of South Frontenac, being Parts 1, 2 and 3 on Plan 13R20492, Kennedy Island, Sydenham Lake Purpose of Application: To vary Sections 5.8.2 a) and 11.3.1 of Comprehensive Zoning By-law 2003-75 Date of Hearing: November 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-41-20-L to receive comments from Cataraqui Conservation. Proposal An application for minor variance was received to permit a one-storey seasonal dwelling on the subject property. The 4.35 hectare (10.75 acre) island is currently vacant. The proposed dwelling would have a minimum 27 metre (88.6 foot) front yard depth and setback from the high water mark of Sydenham Lake, measured to the western shoreline. The dwelling would also have a minimum 19.4 metre (63.6 foot) setback from the floodline of Sydenham Lake, measured to the east. The Zoning By-law requires a minimum 30 metre front yard depth and 30 metre setback from the high water mark and floodine of a waterbody.

Submitted by: Christine Woods, MCIP RPP, Senior Planner Approved by: Claire Dodds, MCIP, RPP, Director of Development Services Date of Site Visit: September 11, 2020

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Scale 1:1,400 17

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Environmental Health Department 221 Portsmouth Avenue Kingston, Ontario K7M 1V5 (613) 549-1232 1-800-267-7875 Fax: (613) 549-7738 http://www.kflapublichealth.ca

REQUESTS FOR COMMENTS

To:

Application Number:

Michelle Hannah, Secretary-Treasurer Committee of Adjustment, Township of South Frontenac PO Box 100, 4432 George Street Sydenham, Ontario K0H 2T0 MV-43-20-L

Type of Application or Proposal:

Minor Variance

Applicant Name(s):

Headrick, David & Lisa

Location: Planning Department or Agency:

Comments:

Concession 8, Part Lot 10 1023 Leadbeater Lane; Sydenham Lake Former Loughborough Township

Township of South Frontenac (Loughborough)

KFL&A Public Health has no objections to the proposed minor variance.

Inspector:

Matthew Doyle, CPHI(C), Public Health Inspector

Date:

November 03, 2020

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

Page 169 of 194

October 30, 2020

File: MV/FRS/232/2020

Sent by E-mail Ms. Anna Geladi, Planner Township of South Frontenac P.O. Box 100 Sydenham, Ontario K0H 2T0

Dear Ms. Geladi: Re:

Application for Minor Variance MV-43-20-L (Headrick) Part Lot 10, Concession 8; 1023 Leadbeater Lane Loughborough District, Township of South Frontenac Waterbody: Sydenham Lake / Eel’s Bay Provincially Significant Wetland

Cataraqui Conservation staff have reviewed the above-noted application for minor variance and provide the following comments for the Committee of Adjustment’s consideration. Summary of Proposal The proposal involves the construction of an addition onto an existing dwelling on the subject property. The variance is requested to: • reduce the required setback from the highwater mark from 30 metres, as required by Section 5.8.2.a) of the South Frontenac Zoning By-law, to 16.76 metres in order to permit the construction of an addition. • increase maximum lot coverage from 5%, as required by the South Frontenac Zoning By-law to 7.74%. Site Description The property is located on the east side of Sydenham Lake on Leadbeater Lane. The topography of the site can be characterized as being relatively low at the shoreline and then rising relatively quickly up to the location of the existing structure located approximately 11 metres from the shoreline. The property is also adjacent to the Eel’s Bay provincially significant wetland. Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

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Page 2 of 4

Currently, the property contains a cottage dwelling and associated development. The property is currently designated ‘Rural’ in the Official Plan and ‘Waterfront Residential’ (RW) in the implementing Zoning By-law for South Frontenac Township. Discussion The main interests of Cataraqui Conservation with respect to this application are the avoidance of natural hazards associated with the shoreline of Sydenham Lake (e.g. flooding and erosion), and the protection of its water quality. There were no natural heritage features identified on the subject property. Natural Hazards Flooding: For Sydenham Lake, the regulatory flood plain has been established as elevation 131.6 metres geodetic. Section 4.1.3 of the CRCA’s Planning Policy recommends a 15 metre horizontal setback from the regulatory flood plain to account for variations in the regulatory flood plain elevation, changes over time in the anticipated extent of the regulatory flood plain, and situations such as debris or ice jams that may affect flood levels. Based upon topographic mapping data, the proposed development does not appear to be within the setback from the flood plain. Erosion: For inland lakes such as this one, the regulatory erosion standard includes an allowance for toe erosion, a stable stope allowance of 3:1 (horizontal/vertical) for till shorelines, and a 6 metre erosion access allowance. Based upon topographic mapping data, the height of the shoreline was found to be approximately 5 metres resulting in a stable slope allowance of 15 metres measured from the stable toe of slope. In this instance the erosion access allowance is not applied as the proposal involves an addition onto the back of an existing structure. Staff are satisfied that the proposed development will be outside of the erosion hazard allowance. Water Quality / Eel’s Bay Provincially Significant Wetland Section 2.2 of the Provincial Policy Statement (PPS) suggests that planning authorities should seek to protect, improve or restore the quality and quantity of water. Accordingly, the Official Plan and Zoning By-law for the Township of South Frontenac provide guidance with respect to how development should occur in consideration of protecting, improving and restoring water quality within the municipality. Similarly, the

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

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CRCA’s Planning Policy (April 2015) contains provisions that seek to support these objectives. Section 5.2.7 b)(i) of the Official Plan for South Frontenac Township suggests that a 30 metre setback from the high water mark is required to be maintained as a buffer in order to protect water quality. Similarly, the CRCA Planning Policy recommends that new development and site alteration, including septic system tile fields and open or enclosed decks/patios attached to the main dwelling, be set back a minimum distance of 30 metres from the highwater mark of a waterbody. However, new development within the water setback may be considered when there are no reasonable alternatives for locating the development outside of the water setback area, the development is no closer to the water than existing buildings or structures on the property the development complies with the maximum lot coverage provisions of the Zoning By-law, and suitable methods to minimize negative impacts on water quality are incorporated into the development. The proposed addition is located in the most reasonable location, and the development is no closer to the water than existing development. However, staff note that this proposal is essentially doubling the size of existing development on the property which will increase lot coverage from 3.89% to 7.74% for a principle dwelling when only 5% is permitted for a RW zone in the Zoning By-law. The maximum lot coverage provisions in the Zoning By-law are intended to limit intensification on a waterfront lot in support of the water quality provisions of the PPS and the Official Plan. This is particularly important since the Eel Bay provincially significant wetland is adjacent to the property. Staff recommend that the municipality request the applicant to reduce the size of the proposed addition to minimize any increase to lot coverage to protect the water quality of Sydenham Lake and the Eel’s Bay Provincially Significant Wetland. Recommendation Staff recommend deferral of application MV-43-20-L based upon the above noted water quality concern. Ontario Regulation 148/06 The CRCA, under Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, regulates development within 120 metres of a provincially significant wetland. Staff note that the entire property Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

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Page 4 of 4

is located within the area that is subject to Ontario Regulation 148/06. Therefore, a Cataraqui Conservation permit will be required for any proposed development on this property. 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 Andrew Schmidt Supervisor, Development Review /as c.c.

David and Lisa Headrick, applicants (via e-mail) Michelle Hannah, South Frontenac Township (via e-mail)

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

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Report Date:

November 3, 2020

Application No: Owner: Location of Property:

MV-43-20-L David and Lisa Headrick Part of Lot 10, Concession 8, District of Loughborough, Township of South Frontenac, municipally known as 1023 Leadbeater Lane Purpose of Application: To vary Sections 5.8.2(a) and 8.3.1 of Township of South Frontenac Comprehensive Zoning By-law 2003-75 Date of Hearing: November 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-43-20-L to provide additional time for Cataraqui Conservation staff to review the revised proposal to reconstruct the cottage and to provide updated comments. Proposal An application for minor variance was received to permit a 30 square metre (320 sq. ft.) addition to the rear of an existing 60 square metres (647 sq. ft.) seasonal dwelling. The application was subsequently updated to include reconstruction of the existing dwelling and attached deck. The dwelling with attached deck would be located within the minimum setback from the highwater mark and the minimum front yard. The applicants propose to demolish the existing cottage and attached deck. A new larger cottage and deck would be reconstructed on the same general footprint. The new cottage will be “L” shaped and 90 square metres (967 square feet) in size with an attached deck of 15.6 square metres (168 square feet) located 7.2 metres from the highwater mark and 15.6 square meters (168 square feet) located 3 meters (10 feet) from the highwater mark respectively. The proposed development will increase lot coverage by 1.9%. Agency Comments KFL&A Public Health – Comments received from Public Health on November 3, 2020 indicate that staff have no objections to the proposed minor variance. Cataraqui Conservation – In comments received from Cataraqui Conservation on October 30, 2020, staff recommended deferral of the application based on lot coverage increasing from 3.98% to 7.74%. It was recommended that the applicant reduce the size of the proposed addition to minimize any increase in lot coverage to protect water quality of Sydenham Lake and Eel’s Bay Provincially Significant Wetland. The applicant updated the application to reflect that the existing cottage and deck will be demolished and re-constructed. The existing cottage and deck are in the erosion hazard. Township staff would like to have a conversation with Cataraqui Conservation staff should be given the opportunity to review the revised proposal and provide updated comments. In particular, if the proposal would be permitted under O. Reg 148/06.

Submitted by: Anna Geladi, Planner Approved by: Christine Woods, MCIP, RPP, Senior Planner Date of Site Visit: September 10, 2020

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Heron Ln 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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Environmental Health Department 221 Portsmouth Avenue Kingston, Ontario K7M 1V5 (613) 549-1232 1-800-267-7875 Fax: (613) 549-7738 http://www.kflapublichealth.ca

REQUESTS FOR COMMENTS

To:

Application Number:

Michelle Hannah, Secretary-Treasurer Committee of Adjustment, Township of South Frontenac PO Box 100, 4432 George Street Sydenham, Ontario K0H 2T0 MV-44-20-S

Type of Application or Proposal:

Minor Variance

Applicant Name(s):

Sullivan, Brandon & Rachel

Location: Planning Department or Agency:

Comments:

Inspector: Date:

Plan 544, Lot 27 & Part Block A; RP# 13R16884 Parts 17 – 19, 21, 22 1031 Heron Lane; Loughborough Lake Former Storrington Township

Township of South Frontenac (Storrington)

KFL&A Public Health has no objections to the proposed minor variance. Please note that if the minor variance is approved and the applicants intend to move forward with the proposed addition, they will have to also apply to install a new sewage system in order to comply with current Ontario Building Code standards. This was identified in the completed review of performance level application

ST-56-20.

Matthew Doyle, CPHI(C), Public Health Inspector

November 04, 2020

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October 30, 2020

File: MV/FRS/244/2020

Sent by E-mail Ms. Anna Geladi, Planner Township of South Frontenac P.O. Box 100 Sydenham, Ontario K0H 2T0 Dear Ms. Geladi: Re:

Application for Minor Variance MV-44-20-S (Sullivan) Part of Lot 10, Concession 1; 1031 Heron Lane Storrington District, Township of South Frontenac Waterbody: Loughborough Lake (West Basin)

Cataraqui Conservation staff have reviewed the above-noted application for minor variance and provide the following comments for the Committee of Adjustment’s consideration. The proposal involves the construction of a second storey addition onto a dwelling on the subject property. The variance is requested to: • Reduce the required setback from the highwater mark from 30 metres, as required by Section 5.8.2.a) and Section 10.3.1 of the South Frontenac Zoning By-law, to 24.78 metres in order to permit the construction of an addition. Site Description The property is located on the north side of Heron Lane on the south shore of the west basin of Loughborough Lake. The topography of the site can be characterized as rising relatively quickly from the shoreline, levelling out in the location of the existing dwelling and rising again toward the south. Currently, the property contains a residential dwelling and associated development. The property is currently designated as ‘Rural’ in the Official Plan and ‘Limited Service Residential - Waterfront’ (RLSW) in the implementing Zoning By-law for South Frontenac Township.

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

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Page 2 of 4

Discussion The main interests of Cataraqui Conservation in this proposal is the protection of water quality of Loughborough Lake and the avoidance of natural hazards (e.g. flooding and erosion) associated with the shoreline. Natural Hazards Flooding: The highest recorded water level for Loughborough Lake is 125.10 metres geodetic. For Loughborough Lake, the highest recorded water level is used in lieu of an engineered flood plain. Cataraqui Conservation’s Environmental Planning Policy requires all development and site alteration to be setback a minimum of 6 metres from the regulatory floodplain of a waterbody. Based upon elevation mapping data, the development proposal complies with this policy. Erosion: Section 5.8.2.b) of the Zoning by-law requires that no building or structure or septic tank installation shall be located within 15 metre horizontal of the top of bank of any embankment, the slope of which is greater than 30% from horizontal. Cataraqui Conservation defines the extent of potential erosion hazards to include an allowance for toe erosion, a stable slope allowance for till shorelines of 3(h):1(v), plus an equipment access allowance of 6 metres. Based upon elevation data, staff have determined that the total erosion hazard limit extends 21 metres inland from the stable toe of slope. Staff note that the proposed development will be located outside of the erosion hazard limit. Water Quality The Official Plan recognizes the need to minimize lake impacts by reducing phosphorous inputs, preventing erosion and maintaining natural appearances. Accordingly, policies have been included that can vary the setback from the highwater mark from 30 to 90 metres depending on the site characteristics such as steepness of slope, vegetation cover, soil depth and soil phosphorus retention. Section 5.2.7 (b)(ii)(3) of the Official Plan indicates that a reduction from the setback may only be considered if it is not physically possible or environmentally desirable to meet the 30 metre water setback requirement, and that there will be no negative impacts to fish habitat or water quality. Similar to the Official Plan, Cataraqui Conservation’s Environmental Planning Policy considers new development within the 30 metre water setback area only if there are no reasonable alternatives for locating the development outside of the water setback area, Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

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the development is no closer to the water than existing buildings or structures on the property, and is set back as far as possible from the water in all directions, complies with the maximum lot coverage provisions of the Zoning By-law, and suitable methods to minimize negative impacts on water quality are incorporated into the development. Staff recognize that the existing residential dwelling is in non-compliance with the current zoning by-law for the Township of South Frontenac and is entirely situated within the required 30 metre setback from the highwater mark of Loughborough Lake. The proposed construction of a second storey addition to the structure will therefore also be within the water setback. The proposed addition does not encroach closer to the water than existing development, is set back as far as possible since the addition will be constructed onto the back half of the existing dwelling, and the existing lot coverage for the property will not be increased. Staff recommend that as part of site plan control, that roof runoff be directed away from the lake, and that the area between the development and the lake be maintained as a vegetated buffer to the satisfaction of the Township. Recommendation Staff have no objection to the approval of application MV-44-20-S based on our consideration for natural hazards, natural heritage, and water quality and quantity protection policies provided that the following are included as conditions to the minor variance approval.

that the water quality recommendations noted in italics above are incorporated into site plan control for the development to the satisfaction of the Township, and
that the owner obtain a permit from Cataraqui Conservation under Ontario Regulation 148/06 (described below) prior to development taking place. Ontario Regulation 148/06 Please note that a portion of the property is subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, which is administered by Cataraqui Conservation. The purpose of the regulation is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected by natural hazards, such as flooding and erosion, and that Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

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the changes do not put other properties at greater risk from these hazards. The proposed addition will require a permit from Cataraqui Conservation prior to development taking place. Please inform this office of any decision made by the Committee with regard to this application. If you have any questions, please contact the undersigned at 613-546-4228 ext. 244, or by e-mail at aschmidt@crca.ca.

Yours truly,

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

Brandan & Rachel Sullivan, applicants (via e-mail) Michelle Hannah, South Frontenac Township (via e-mail)

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

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Report Date:

November 6, 2020

Application No: Owner: Location of Property:

MV-44-20-S Brandon and Rachel Sullivan Part Lot 27, Concession 1, District of Storrington, Township of South Frontenac, Part Block A and Lot 27 on Plan 544, being Parts 19, 21 and 22 on Plan 13R16884, municipally known as 1931 Heron Lane, Loughborough Lake Purpose of Application: To vary Sections 5.8.2, 10.3.1 of the Township of South Frontenac Comprehensive Zoning By-law 2003-75 Date of Hearing: November 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 to an existing structure zoning relief for other

Official Plan Designation:

Zoning:

Rural

Limited Service Residential –Waterfront (RLSW)

Zoning Relief Requested: Section 5.8.2 a): Flooding and Shoreline Erosion Hazards

Section 10.3.1: Waterbody Setback, Front Yard

Relief: To permit a second storey dwelling addition with a minimum highwater mark setback of 24.8 metres (81 feet), whereas the By-law requires a 30 metre (98.4 feet) setback from the highwater mark for all buildings and structures. Relief: To permit a second storey dwelling addition with a minimum highwater mark setback and front yard depth of 24.8 metres (81 feet), whereas the Bylaw requires a 30 metre (98.4 feet) setback from the highwater mark and front yard depth for the principal building.

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;  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 a 61 metre2 (656.6 feet2) second storey addition to an existing dwelling on the subject property within the minimum 30 metres (98.4 feet) setback from the highwater mark of Loughborough Lake and within the minimum 5 metre setback from a private lane. The subject property is located on the north side of Heron Lane along the south shore of the West Basin of Loughborough Lake. This lake is an at-capacity lake trout lake. The topography of the site rises from the shoreline and levels near the rear of the dwelling and Heron Lane. The subject property contains a single detached dwelling with sunroom and deck, a boat house and a shed. The dwelling is located 19.5 metres (64 feet) from the highwater mark and the deck is located 17.7 metres (58 feet) from the highwater mark. The proposed second storey addition is approximately 8.2 metres x 7.43 metres (27 feet x 24 feet) and approximately 61 metre2 (656.6 feet2) in size. The second storey addition would be set back 24.8 meters (81 feet) from the high water mark of Loughborough Lake. The second storey addition is located on the back half of the existing dwelling and complies with the rear and side yard setbacks for a principal building in the RLSW zone. The existing dwelling and the proposed second story addition are set back 4.45 metres (14.6 feet) from Heron Lane. The setback from the lane is not changing as the proposed second story is not going any closer to the lane than the existing principal dwelling. The proposed second storey addition would not result in an increase to lot coverage for the subject property.

Agency Analysis and Comments Public Services – Public Services was not circulated as the subject property is located on a lane. Building Department – The Building Department has advised that they have no objections to the application as presented and will review the detailed plans through the Building Permit process, should the application be approved. All approved setbacks will need to be confirmed by an Ontario Land Surveyor. KFL&A Public Health – KFL&A Public Health provided comments on November 4, 2020 which indicate that staff have no objection to the minor variance. KFL&A Public Health note that if the minor variance is approved and the applicants move forward with the proposed addition, they will have to also apply to install a new sewage system in order to comply with current Ontario Building Code standards. Public Health identified this requirement when completing a review of performance level application # ST-5620. Cataraqui Conservation – Cataraqui Conservation Staff provided comments on October 30, 2020 which indicate that Staff have no objection to the minor variance provided that roof runoff be directed away from the lake and that the area between the development and the lake be maintained as a vegetated buffer to the satisfaction of the Township. Cataraqui Conservation notes that the owner will be required to obtain a permit from Cataraqui Conservation prior to development taking place to ensure that development and site alteration to a property are not affected by or cause risk to natural hazards such as flooding and erosion. Ministry of Environment, Conservation and Parks – The Ministry of Environment, Conservation and Parks provided comments on November 4, 2020 which indicate that staff have no concerns with the minor variance. Public Comments – At the time of the writing of this report, no written comments have been received from the public.

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT 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 variance maintain the general intent and purpose of the Official Plan? a) The subject property is designated Rural in the Official Plan. It is the opinion of Township staff that the proposed variances maintain the general intent and purpose of the Official Plan, specifically the policies on limited service residential development and development within environmentally sensitive areas such as adjacent to lakes. 

The proposed minor variance conforms to the general intent and purpose of the Official Plan as the proposed development (second storey addition) is consistent with the permitted residential use of the property and the proposed location of the development is the farthest from Loughborough Lake.

b) Section 5.2.7 b)(ii) 3) Policies for Development and Site Alterations Adjacent to Lakes and Rivers requires that proposals to construct additions to existing dwellings that are already within the 30 metre setback may be permitted but will be evaluated on the merits of the proposal based on the following: a) The ultimate gross floor area, building footprint and lot coverage being proposed; b) The closeness of the existing dwelling to the highwater; and c) The capacity of the lot to accommodate new development at a greater setback from the high watermark. 

The existing dwelling is entirely situated within the required 30 metre setback from the highwater mark of Loughborough Lake. The proposed second storey addition will therefore also be located within the required 30 metre setback from the highwater mark. The second storey addition will not reduce the highwater mark setback any further. There are no reasonable alternatives for locating the development outside of the water setback area.

c) Section 5.2.8 Lake Trout Lakes identifies Loughborough Lake as a Highly Sensitive Lake Trout Lake. All development or site alterations proposed within 30 metres (98.4 feet) of the highwater mark require the submission of an Environmental Impact Assessment prepared in accordance with Section 5.2.11. 

Township Staff and Cataraqui Conservation Staff did not require an Environmental Impact Assessment as the proposed second storey addition would be entirely on the existing building.

Does the variance maintain the general intent and purpose of the Zoning By-law? 

The proposed variances conform to the general intent and purpose of the Zoning By-law, as the proposed second storey addition would be entirely on the existing building and no closer to the highwater mark or the lane. The second storey addition would not exceed the maximum height permitted in the RLSW zone. The proposed second storey addition would maintain the same interior side yard and rear yard as the existing dwelling. The construction of the second storey addition does not increase lot coverage for the proposed subject property. The existing setback from the lane will be maintained.

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? 

The variances are desirable for the appropriate development of the land, as the proposed second storey addition is consistent with the intended residential use of the property and would be entirely on the existing building and no closer to the highwater mark or the lane..

Is the variance minor?

 The variances are minor, as there will be no negative impact on surrounding properties as a result of a second storey addition at the proposed location on the property. The proposed location and orientation of the second storey addition is practical on the subject property.

Conclusion It is recommended that the Committee of Adjustment received comments from the public and, pending comments received, approve minor variance application MV-44-20-S, 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 a 61 metre2 (656.6 feet2) second storey addition to the existing dwelling. The addition will be located 24.8 metres (81 feet) from the highwater mark of Loughborough Lake and will maintain the existing setback to Heron Lane as per the drawings submitted with application MV-44-20-S.
The applicant is required to enter into a development agreement to be registered on the title of the property to the satisfaction of the Township to address Township environmental policies and Cataraqui Conservation recommendations, including that roof runoff be directed away from the lake, that the area between the development and the lake be maintained as a vegetated buffer, and the applicant will be required to obtain a permit from Cataraqui Conservation prior to development.
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-44-20-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws. Submitted by: Anna Geladi, Planner Approved by: Christine Woods, MCIP, RPP, Senior Planner Date of Site Visit: October 23, 2020

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REPORT TO COMMITTEE OF ADJUSTMENT DEVELOPMENT SERVICES DEPARTMENT AGENDA DATE:

November 12, 2020

REPORT DATE:

November 09, 2020

SUBJECT:

Decisions on Delegated Consents

RECOMMENDATION: THAT the Committee of Adjustment and Council receive this report for information. BACKGROUND: The authority to grant undisputed consents is delegated to the Director of Development Services under By-law 2020-27. This report lists the applications which met the criteria for being considered as an undisputed consent and have received provisional consent approval. Committee of Adjustment is notified for information. COMMENTS: a)

S-26-20-P (Owner & Applicant) Earl & Audrey Bain

Location: Part Lot 15, Concession 10, being Part 1 on Plan 13R8061, District of Portland, Township of South Frontenac, municipally known as 4993 Verona Sand Road. This undisputed consent was granted provisional consent on October 23, 2020. The purpose and effect of this application is for the creation of one new residential lot. The proposed land to be severed is approximately 1.06 hectares (2.62 acres) of vacant land with approximately 76 metres (250 feet) of frontage along Verona Sand Road. The retained lands will be approximately 2.99 hectares (7.39 acres) with approximately 224.4 metres (736.2 feet) of frontage on Verona Sand Road. b)

S-27-20-P (Owner & Applicant) Earl & Audrey Bain

Location: Part Lot 15, Concession 10, being Part 1 on Plan 13R8061, District of Portland, Township of South Frontenac, municipally known as 4993 Verona Sand Road. This undisputed consent was granted provisional consent on October 23, 2020. The purpose and effect of this application is for the creation of one new residential lot. The proposed land to be severed is approximately 1.03 hectares (2.55 acres) of vacant land with approximately 76 metres (250 feet) of frontage along New Morin Road. The retained lands will be approximately 1.96 hectares (4.84 acres) with approximately 148.45 metres (487 feet) of frontage on Verona Sand Road. c)

S-28-20-L (Owner & Applicant) Duncan & Mary Southall

Location: Part Lot 4, Concession 2, being Part 1 on Plan 13R4159, District of Loughborough, Township of South Frontenac, municipally known as 3708 Stage Coach Road. This undisputed consent was granted provisional consent on October 30, 2020. Natural, Vibrant and Growing – a Progressive Rural Leader” Page 193 of 194

REPORT TO COMMITTEE OF ADJUSTMENT DEVELOPMENT SERVICES DEPARTMENT

The purpose and effect of this application is for the creation of one new residential lot. The proposed land to be severed is approximately 1.0 hectares (2.47 acres) of vacant land with approximately 76.2 metres (250 feet) of frontage along Stage Coach Road. The retained lands will be approximately 8.04 hectares (19.87 acres) with approximately 76.2 metres (250 feet) of frontage on Stage Coach Road. d)

S-29-20-P (Owner & Applicant) Barry & Susan Johnston

Location: Part Lot 7, Concession 11, being Part 1 on Plan 13R9159 and Part 1 on Plan 13R19649, District of Portland, Township of South Frontenac, municipally known as 2210 Silver Rock Lane. This undisputed consent was granted provisional consent on November 6, 2020. The purpose and effect of this application is for the creation of one new residential waterfront lot. The proposed land to be severed is approximately 1.04 hectares (2.56 acres) of vacant land with approximately 192.7 metres (632 feet) of frontage along Silver Rock Lane and approximately 150 metres (492 feet) of frontage on Little Mud Lake. The retained lands will be approximately 5.37 hectares (13.27 acres) with approximately 2,147 metres (7,043.9 feet) of frontage on Silver Rock Lane and 1,069 metres (3,508 feet) of frontage on Little Mud Lake.

ATTACHMENTS: None Submitted by:

Michelle Hannah, Planning Assistant and Secretary Treasurer of Committee of Adjustment

Approved by:

Claire Dodds Director of Development Services

Natural, Vibrant and Growing – a Progressive Rural Leader” Page 194 of 194

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