Committee Of Adjustment - 12 Sep 2024 - Agenda

Published September 12, 2024

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Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: September 12, 2024 Collection: Council Agendas Municipality: South Frontenac

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TOWNSHIP OF SOUTH FRONTENAC Committee Of Adjustment Meeting Agenda TIME: DATE: PLACE:

7:00 PM, Thursday, September 12, 2024 Council Chambers/Virtual Via Zoom .

Call to Order

Resolution.

Adoption of Agenda

Resolution.

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.

PowerPoint Presentation Staff has prepared a PowerPoint Presentation that will be displayed on the screen of the meeting, you can also follow along with the PDF version that is in the attachment of this agenda item.

Declaration of pecuniary interest

There are none.

Approval of Minutes – August 08, 2024

Resolution.

Consent Applications from a Previous Meetings: (if applicable)

New Consent Applications:

Minor Variance / Permission Applications from a Previous Meetings: (if applicable)

New Minor Variance / Permission Applications:

PL-ZNA-2024-0096 (Card) - Loughborough District

3 - 41

42 - 50

51 - 69

Property Address: 5262 Rutledge Road Purpose & Effect of the Applicaiton: The proposal seeks zoning relief on lands subject to consent applications PL-BDJ-2024-0037 & PL-BDJ-2024-0038. Both consent

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applications were granted provisional approval by the Committee of Adjustment on June 13, 2024. One condition required that a minor variance be sought to permit reduced frontage for the retained lands. The retained lands have 70.36m of frontage, whereas the zoning bylaw requires a minimum of 76m. b)

PL-ZNA-2024-0100 (Prosper) - Bedford District

70 - 97

Property Address: 150-B East Shore Lane Purpose & Effect of the Application: The application seeks permission under Section 45(2) of the Planning Act to enlarge the legal non-conforming seasonal dwelling within 30m of the highwater mark of Bob’s Lake. The property is presently developed with a 71.3sqm (768sqft) dwelling with a 92.2sqm (992sqft) attached deck, and 11.1sqm (120sqft) attached bunkie/sleeping cabin. The existing one-storey dwelling with walkout basement has a height of 6.4m (21ft) and is setback 16.4m from the highwater mark of Bob’s Lake. The applicant is proposing to construct an addition to the east and south of the existing dwelling, away from the shoreline. The proposed one-storey addition would have an area of 50.2sqm (540sqft), a height of 7m (23ft), and be setback approximately 19m from the highwater mark. The proposal would facilitate the installation of a new sewage system in the same location as the existing setback approximately 21m from the highwater mark. 10.

Other Business

Delegated Authority Report

Adjournment

Resolution.

98 103

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Committee of Adjustment Meeting Page 3 of 103

Thursday, September 12, 2024 7:00 p.m. Storrington Centre 3910 Battersea Road, Inverary, ON and Virtual on Zoom

Welcome to the 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 joining on Zoom are muted on our end and your cameras will not be turned on. Committee Members

Township Staff

• Alan Revill

• Kate Kaestner (Planning Clerk/SecretaryTreasurer)

• Brett Moreland • Doug Morey • Kevin Fox • Mike Howe • Norm Roberts Page 4 of 103

• Randy Ruttan • Steven Pegrum

• Noah Perron (Planner) • Tom Fehr (Planner) • Christine Woods (Manager of Planning)

Agenda

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• Call to Order • Adoption of Agenda • Meeting Information • Declaration of Pecuniary Interests • Approval of Minutes of Previous Meeting • Hearings for Applications • Consent Granting Authority Report • Other Business • Adjournment

Format for Each Hearing

Chair introduces application
Planner presents application
Applicant/agent permitted to address Committee
Members of the public permitted to address Committee (maximum 5 minutes per individual)
Staff and/or applicant to provide response to public comments / questions
Questions from Committee members (no comments or debate)
Secretary-Treasurer reads the resolution
Committee discussion and vote Page 6 of 103

After the Meeting • Township staff will be in contact with the applicant following the meeting. Where a decision is made, it will be forwarded to the applicant and anyone who requested to be notified within 15 days. • The applicant, the Minister or a specified person or public body in as defined by the Planning Act subsection 1(1) may appeal the decision to the Ontario Land Tribunal. The appeal must be filed with the SecretaryTreasurer of the Committee of Adjustment within 20 days of the notice of decision. The notice of appeal must set out the reasons for the appeal and be accompanied by the fee required by the Tribunal. Page 7 of 103

• If you have any questions after the meeting, please reach out to staff.

How to Speak to an Application • The Chair of the meeting will open the floor to public comments • On Zoom

• Click “Raise Hand” button to request to speak or dial *9 (star nine) when participating by telephone • The Chair will acknowledge you, and the Meeting Host will unmute you • Once you are done speaking or the Committee has no further questions, the Meeting Host will mute your microphone

• In person

• Raise your hand and wait for the Chair to acknowledge you • Move to the table and clearly state your name for the record

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In Case of Technical Difficulties • If a Committee member joining virtually disconnects from the meeting, the meeting will proceed if there is still quorum. The Committee member will attempt to reconnect. • If quorum cannot be met 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 if the meeting is postponed.

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Notice of Collection

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• Personal information, as defined by the Municipal Freedom of Information and protection of Privacy Act (MFIPPA), including (but not limited to names, addresses, opinions and comments, is collected under the authority of the Municipal Act, 2001, Planning Act and in accordance with MFIPPA. • All personal information may form part of the meeting agendas and minutes, and therefore will be made available to members of the public at the meetings, through requests, and through the website of the Corporation of the Township of South Frontenac. • Meetings are broadcast live over the internet for the public to view. Your voice will be heard in the broadcast if you speak at the meeting. Broadcasts are archived and continue to be publicly available. • Questions regarding the collection, use and disclosure of this personal information may be directed to the Township Clerk.

Agenda

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New Minor Variance / Permission Applications

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Application PL-ZNA-2024-0096 Minor Variance

Applicants: Jeremy & Karrie Card Property: 2562 Rutledge Road

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Background • Zoning relief for lands subject to consent applications PL-BDJ-20240037 & PL-BDJ-2024-0038, approved on June 13, 2024. • One condition required that a M.V. be sought to permit reduced frontage for the retained parcel.

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Property Description • Lot area of ~77Ac; 223m of frontage on Rutledge Road • Existing Dwelling and detached storage structure (Red) • Rural Designation • RU Zone

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Proposal • Retained parcel deficient in frontage • Relief from Zoning By-law to permit: • Lot frontage of 70 metres • Complies with all other zoning requirements

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Looking West down Rutledge Road (frontage of lots 1 & 2)

Looking East down Rutledge Road (frontage of retained lands)

Department, Agency and Public Comments • Cataraqui Conservation and Building Services – No objection with the approval of either consent application. • Public Services – No objection. During the review of the consent application, staff concluded that adequate sightlines exist to permit an entrance from Rutledge Road. • Public Comment – Comments received from surrounding property owners. Concerns regarding potential traffic hazard. Page 18 of 103

Planning Analysis Variance meets four tests of a minor variance

Maintains the general intent and purpose of the Township of South Frontenac Official Plan
Maintains the general intent and purpose of Zoning By-law No. 2003-75
Is desirable for the appropriate development of the lands in question
Is minor Page 19 of 103

Recommendation • Approval • Pending any comments received

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Questions & Comments

Applicant/Agent
Members of the Public
Committee Member questions

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PL-ZNA-2024-0096 Committee Deliberation and Vote

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Application PL-ZNA-2024-0100 Permission to Enlarge

Applicants: Ron Prosper Property: 150B East Shore Lane

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Property Description • ~6.5Ac in area with frontage on Bob’s Lake • Access via East Shore Lane • Existing seasonal dwelling (red) with attached deck and sleeping cabin, detached storage structure (2) & Barrel Sauna • Irregular shoreline forming small peninsula • Two inlet features to the north (orange) and southwest of dwelling (purple) • Dwelling partially built into existing slope; area adjacent to shoreline is relatively flat. • Designated Rural • Zoned RLSW Page 24 of 103

Proposal

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• Permission to enlarge legal non-conforming seasonal dwelling • Proposed addition (Red) extending around eastern and southern side of existing dwelling (away from shoreline) • 50.2sqm (540sqft) addition • Increase in gross floor area from 71.3sqm to 121sqm • Increase in ground floor area from 174.6sqm to 224.8sqm • Building height of 7m (one-storey • Addition setback 19m from inlet to the north and 30m from inlet to the southwest • Proposal would facilitate the installation of a new sewage system in a similar location as the Plot Plan – Proposed Addition existing (NE of the existing cottage, ~21m from HWM)

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Front view of existing cottage (from shoreline area)

Rear view of existing cottage (area of proposed addition)

Side view of existing cottage (facing south) Page 27 of 103

Proximity of existing cottage to northern inlet feature

Proposed floorplans showing addition

Side profile of existing cottage with proposed addition

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Department and Agency Comments • Rideau Valley Conservation – No Objection • Building Services – No Objection • Public Services – Not circulated due to the nature of the proposal • Public Comments – No formal comments received

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Planning Analysis

• The criteria for considering an application under section 45(2) are: • Whether the application is desirable for the appropriate development of the subject property; and • Whether the application will result in undue adverse impacts on the surrounding properties and neighborhood.

• Addition setback further from HWM than existing cottage (19m vs. 16.4m) – Setback measure to inlet feature to the north • Enlargement Components: • 50.2sqm increase in gross floor area (71.3sqm to 121.5sqm) & ground floor area (174.6 sqm to 224.8sqm) – 0.9% Lot coverage value • 1 m increase in building height (6m to 7m)

• Proposed scale and density of development would not conflict with surrounding area • Proposal would facilitate additional living space and the installation of a new septic system • Proposed addition is modest in size and is not anticipated to create any intrusive effects – existing tree coverage will act as visual buffer Page 30 of 103

• Planning Staff recommend a development agreement to ensure appropriate shoreline development practices

Recommendation • Approval • Pending any comments received • Subject to conditions:

• The application is approved in accordance with the submitted plot plan • Development agreement • A building permit is required

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Questions & Comments

Applicant/Agent
Members of the Public
Committee Member questions

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PL-ZNA-2024-0100 Committee Deliberation and Vote

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Consent Granting Authority Report • PL-BDJ-2023-0071 & 0072 (Hineman) (Fotenn) – Loughborough District • This undisputed consent was granted provisional consent on August 19, 2024.

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• The purpose of the application(s) was for the creation of two new rural residential lots from property on Leland Road. The parcel for 0071 will be 2 hectares in area with 76 metres of frontage on Leland Road. The parcel for -0072 will be 1.1 hectares in area with 76 metres of frontage of Leland Road.

Consent Granting Authority Report • PL-BDJ-2024-0053 & 0054 (Murray) (ZanderPlan) – Loughborough District • These undisputed consents were granted provisional consent on August 19, 2024.

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• The purpose of the applications was for the creation of two residential lot additions (lot addition swap) between properties addressed as 1133 Sassy Tree Lane and 1115 Sassy Tree Lane. Application -0053 is for a 31 acre lot addition to be conveyed from 1133 Sassy Tree Lane to 1115 Sassy Tree Lane, and application -0054 is for a 0.07 acre lot addition to be conveyed from 1115 Sassy Tree Lane to 1133 Sassy Tree Lane.

Consent Granting Authority Report • PL-BDJ-2024-0058 (Gorr) – Portland District • This undisputed consent was granted provisional consent on August 20, 2024.

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• The purpose of the application was for one rural residential lot addition from property addressed as 1085 Gorr Road. The severed lands will be 2.5 hectares in area and will be conveyed to adjacent lands at 3596 Quinn Road East.

Consent Granting Authority Report • PL-BDJ-2024-0065 (Campbell) – Storrington District • This undisputed consent was granted provisional consent on August 26, 2024.

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• The purpose of the application was for one commercial lot addition from property addressed as 3810 Perth Road. The severed lands will be 0.68 acres in area and will be conveyed to adjacent commercial lands at 3832 Davidson Road.

Consent Granting Authority Report • PL-BDJ-2024-0066 (Campbell) – Storrington District • This undisputed consent was granted provisional consent on August 26, 2024.

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• The purpose of the application was for the creation of one new commercial lot addition from property addressed as 3810 Perth Road. The new commercial lot will be 2.1 acres in area with 76 metres of frontage on Perth Road and 156 metres of frontage on Davidson Road.

Consent Granting Authority Report • PL-BDJ-2024-0075, 0076 & 0077 (Mulrooney) (Beach) – Storrington District • These undisputed consents were granted provisional consent on September 4, 2024.

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• The purpose of the application(s) was for the creation of three new industrial lots along with a 20 metre wide right-of-way from property addressed as 2965 Battersea Road. The parcel for -0075 will be 2.6 acres in area with 105 metres of frontage on each Battersea Road and Frontenac Road. The parcel for -0076 will be 5 acres in area with 105 metres of frontage on Frontenac Road. The parcel for -0077 will be 4.6 acres in area with 105 metres of frontage on Frontenac Road

Consent Granting Authority Report • PL-BDJ-2024-0078, 0079 & 0080 (Hornbeck) – Portland District • These undisputed consents were granted provisional consent on August 26, 2024.

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• The purpose of the application(s) was for the creation of three new rural residential lots from property on Leveque Road. The parcel for -0078 will be 7.3 acres in area with 90 metres of frontage on Leveque Road. The parcel for -0079 will be 6.5 acres in area with 90 metres of frontage on Leveque Road. The parcel for -0080 will be 5.6 acres in area with 90 metres of frontage on Leveque Road.

Adjournment

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Minutes of Committee Of Adjustment August, 8, 2024

Township of South Frontenac Committee of Adjustment Meeting Minutes Meeting # Time: 7:00 PM Location: Council Chambers/Virtual Via Zoom Present: Norm Roberts, Steve Pegrum (via Zoom), Randy Ruttan, Kevin Fox, Mike Howe Absent: Doug Morey, Alan Revill, Brett Moreland Staff: Christine Woods, Manager of Planning; Tom Fehr, Planner; Noah Perron, Planner; Kate Kaestner, Planning Clerk & Secretary-Treasurer 1

Call to Order

Resolution. Resolution No. 2024-07-01 Moved by: Kevin Fox Seconded by: Mike Howe THAT the August 08, 2024 meeting of the Committee of Adjustment for the Township of South Frontenac is hereby called to order at 7:00 pm. Carried

Adoption of Agenda

Resolution. Resolution No. 2024-07-02 Moved by: Mike Howe Seconded by: Kevin Fox THAT the Committee of Adjustment hereby adopts the agenda the for the August 08, 2024 Committee of Adjustment meeting. Carried

Electronic Meeting Information

The meeting was live streamed at the following link: http://www.facebook.com/SouthFrontenacTwp/

Staff prepared a PowerPoint Presentation that ws displayed on the screen of the meeting.

Declaration of pecuniary interest

There are none.

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Minutes of Committee Of Adjustment August, 8, 2024 5

Approval of Minutes – July 11, 2024

Resolution. Resolution No. 2024-07-03 Moved by: Norm Roberts Seconded by: Mike Howe THAT the Committee of Adjustment approves the minutes of the July 11, 2024 Committee of Adjustment meeting. Carried

Consent Applications from a Previous Meetings: (if applicable)

New Consent Applications:

PL-BDJ-2024-0040 (Asselstine) - Portland District Property Address: 4659 Holleford Road Purpose & Effect of the Application: The application is requesting consent to create a new lot within the settlement area of Hartington. The severed parcel is approximately 6.8ha in area with 85m of frontage on Holleford Road. The severed lands are farm fields and contain a barn. The retained lot is located outside the settlement area and will be approximately 9.5ha in area with 250m of frontage on Road 38. The retained lands are farm fields and contain a solar panel. The severed lands are designated Settlement Area and zoned RU. The retained lands are designated Agricultural and zoned AG. Tom Fehr, Planner, delivered his report to the Committee with a staff recommendation that the application be approved, subject to conditions. Randy Ruttan, Chair of the Committee asked whether the applicant or their agent wished to address the Committee. Scott Asselstine (Applicant) indicated to the Chair that he was present in chambers in case there were any questions later in the proceedings. Chair Ruttan inquired as to whether any members of the public wished to speak to the application. Neighbouring property owner, Doug Booth (5582 Road 38), stated that he has concerns over water quantity as his well often goes dry in the summer. He expressed concerns with what the land could be used for after it is severed, including whether it would be sold to a developer who would construct multiple houses in a subdivision. Tom Fehr replied that placing a holding symbol on the property, as a recommended condition by staff, would address the water concerns as the property owner would need to prove adequate water supply before obtaining any development approvals. If a subdivision was to be proposed, that would be a separate application that would be submitted and reviewed on its own merits, and would be subject to further hydrogeological assessment. Mr. Fehr stated that approving the severance does not automatically give approval to any sort of development.

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Minutes of Committee Of Adjustment August, 8, 2024 Mr. Booth responded that he believed that this severance was the first step in a larger plan for the property, and that he was concerned that he didn’t know what the plan was. Linda Stewart, neighbouring property owner at 5539 Road 38, stated that she has previously been affected by development when the Car Wash in Hartington was constructed. Ms. Stewart stated that in previous public meetings regarding the car wash construction she was assured that he water would not be adversely affected, however, when the well for the car wash was drilled, it lead to contaminants in her well water. Ms. Stewart that she finds any development proposals in an area with well established and well-documented well water issues extremely concerning. Ms. Stewart spoke to the lands being designated as Agricultural in the current Official Plan and expressed concern over it’s designation being changed to Rural in the new OP which would no longer prevent it from being fragmented. Ms. Stewart then asked what the Holding Symbol on the property would mean. Mr. Fehr responded that the Holding Symbol would mean that the applicant would be required to re-zone the property to have a Holding Symbol added. This would then mean that prior to any development occurring on the property, the owner would need to demonstrate that there is adequate water supply for whatever type of development that is being proposed. Chair Ruttan inquired as to whether any other member of the public wished to speak. Doug Booth asked how the owner would demonstrate adequate water supply. Mr. Fehr replied that it would depend on the type of development that is being proposed. If it is just a single family dwelling, it would be a drilled well with a 6hour pump test. If it’s another use then a professional would need to determine how much water is needed for that use, and then demonstrate that there is adequate water supply for that use through a hydrogeological assessment. Mr. Ruttan inquired for a 3rd time as to whether any other members of the public wished to speak on the application. None heard. Chair Ruttan inquired as to whether there were any questions form Committee members. Committee member Norm Roberts wondered whether there was any water supply issues in Hartington this year given all of the rain that we have had. He acknowledged that it may not be possible to adequately answer the question. Mr. Fehr replied that he was unable to answer the question. Chair Ruttan inquired as to whether there were any further questions from Committee members. (None heard). Ms. Kaestner read the resolution for conditional approval of the application. Resolution No. 2024-07-04 Moved by: Mike Howe Seconded by: Norm Roberts

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Minutes of Committee Of Adjustment August, 8, 2024 THAT the Committee of Adjustment approves consent application PL-BDJ-20240040 for property municipally known as 4659 Holleford Road for the creation of one new residential lot, being 6.8 hectares in area and having 85 metres of frontage on Holleford Road, subject to conditions. Carried 8 Minor Variance / Permission Applications from a Previous Meetings: (if applicable) 9

New Minor Variance / Permission Applications:

PL-ZNA-2024-0026 (Kubes) - Storrington District Property Address: 4725 Noble Lane Purpose & Effect of the Application: To request permission under Section 45(2) of the Planning Act to enlarge the legal non-conforming dwelling located within 30m of the highwater mark of Loughborough Lake. The existing 1-storey seasonal dwelling with attached deck covers a ground area of 176sqm. The applicant is proposing to demolish the existing dwelling and build a new 2-storey dwelling with walkout basement, partially within the existing footprint. The proposed dwelling (153.9sqm) with attached garage (62.2sqm) and deck (33.3sqm) would have a ground area of 250sqm and a gross floor area of 331sqm. The proposed structure would improve upon the highwater mark setback of the existing (14.1m vs. 10.6m). Dwelling height would increase from 4m to 10.7m. The proposed dwelling would have a 9m rear yard setback whereas the zoning by-law requires a minimum 10m. Finally, the proposal would facilitate the installation of a new septic system, setback a minimum 15m from the highwater mark. Noah Perron, Planner, delivered his report to the Committee with staff recommendation that the application be approved, subject to conditions. Chair Ruttan inquired as to whether the applicant or their agent wished to address the Committee. David Nanton (Fotenn Planning), acting as the Agent for the application, stated that he was in agreement with the proposed conditions of the application to ensure that any negative impacts on the site are mitigated. Chair Ruttan inquired (3 times) as to whether any members of the public wished to speak to the application (None heard). Mr. Ruttan asked Committee members if they had any questions for the applicant or staff regarding the application. Committee member Mike Howe asked whether the septic system permit would need to be approved prior to the issuance of a building permit. Mr. Perron responded that both the septic permit and building permit applications would be reviewed and issued at the same time. Mr. Ruttan inquired as to whether there were any further questions form the Committee (none heard). Ms. Kaestner read the resolution for approval of the application, subject to conditions.

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Minutes of Committee Of Adjustment August, 8, 2024 Chair Ruttan asked Committee members if they would like to comment on or discuss the resolution. None heard. Resolution No. 2024-07-05 Moved by: Mike Howe Seconded by: Norm Roberts THAT the Committee of Adjustment approves application PL-ZNA-2024-0026 for property municipally known as 4725 Noble Lane, to permit the enlargement of the existing legal non-conforming dwelling on the property located within 30 metres of the highwater mark of Loughborough Lake, subject to conditions. Carried b)

PL-ZNA-2024-0083 (Dickinson) - Bedford District Property Address: 158 Coyote Lane Purpose & Effect of the Application: The Owner proposes to construct a single detached dwelling on the property. The dwelling would be set back 10 metres from the top of bank. A minor variance is being requested to allow the dwelling to be set back less than 15 metres from the top of bank as required by the Zoning By-law. Tom Fehr, Planner, delivered his report to the Committee with a staff recommendation that the application be approved, subject to conditions. Chair Ruttan inquired as to whether the applicant or their agent wished to address the Committee. Graham Dickinson (applicant) thanked the Committee for hearing the application and stated that the 10 metres setback from the hydro line that was being proposed in the plans was to ensure adequate space for maintenance of the hydro line and maintenance of the well and septic system. It will also allow space for a crane to assemble their home as it is pre-fabricated. Mr. Ruttan inquired as to whether any members of the public wished to comment on the application (none heard). Chair Ruttan asked whether any Committee members had questions regarding the application. Committee member Roberts asked who ensures that the roof runoff is controlled. Tom Fehr replied that the building department will review it as part of the grading and draining plan at the building permit stage. Mr. Ruttan inquired as to whether there were any further questions from Committee members (None heard). Ms. Kaestner read the resolution for approval of the application, subject to conditions. Chair Ruttan asked Committee members if they had any comments on the resolution. None heard.

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Minutes of Committee Of Adjustment August, 8, 2024 Resolution No. 2024-07-06 Moved by: Kevin Fox Seconded by: Mike Howe THAT the Committee of Adjustment hereby approves minor variance application PL-ZNA-2024-0083 for property municipally known as 158 Coyote Lane, to allow for a single detached dwelling to establish a 10 metre setback from the top of bank, subject to conditions. Carried c)

PL-ZNA-2024-0087 (Adrain) - Bedford District Property Address: 11 Doc’s Point Lane Purpose & Effect of the Application: The application seeks relief from Zoning By-law 2003-75 for the purpose of permitting a detached garage on the subject property. The applicant is proposing to build a 90.5sqm detached garage. The garage would be setback 8m from the front lot line, whereas the zoning by-law requires 20m. Further, the proposed garage would have a lot coverage value of 6%, whereas the zoning by-law stipulates a maximum lot coverage value of 5% for a detached accessory structures. Noah Perron, Planner, delivered his report to the Committee with staff recommendation that the application be approved, subject to conditions. Chair Ruttan inquired as to whether the applicant or their agent wished to address the Committee. Brad Adrain, applicant, stated that he was there in support of the application. Mr. Ruttan inquired (3 times) as to whether any members of the public wished to comment on the application (none heard). Chair Ruttan asked whether any Committee members had questions regarding the application. Committee member Roberts inquired as to whether there will be an apartment on the upper level of the garage. Mr. Adrain replied that there would be no apartments, the garage would be used strictly for storage. Mr. Ruttan inquired as to whether there were any further questions from Committee members (None heard). Ms. Kaestner read the resolution for approval of the application, subject to conditions. Chair Ruttan asked Committee members if they had any comments on the resolution. None heard.

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Minutes of Committee Of Adjustment August, 8, 2024 Resolution No. 2024-07-07 Moved by: Kevin Fox Seconded by: Mike Howe THAT the Committee of Adjustment hereby approves minor variance application PL-ZNA-2024-0087 for property municipally known as 11 Doc’s Point Lane, to permit the construction of an accessory building, being a 90.5 sqm detached garage, to be located 8 metres from the front lot line, subject to conditions. Carried d)

PL-ZNA-2024-0089 (Preston & Clayton) - Loughborough District Property Address: 4652 North Shore Road Purpose & Effect of the Application: The owners intend to demolish all the existing buildings on the property, and to build a two-storey house, a sleeping cabin and a cabana. The house would be setback 25.4m from the highwater mark of Loughborough Lake. The sleeping cabin would be 11.4m from the lake and 6m from the top of bank. The cabana would be 12.6m from the lake and 6m from the top of bank. The sleeping cabin and cabana would be in the footprint of the old cottage. Minor variances are being requested (1) to allow the three buildings to be setback less than 30m from the highwater mark of the lake, and (2) to allow the sleeping cabin and cabana to be less than 15m from the top of bank. Christine Woods, Manager of Planning, delivered her report to the Committee with staff recommendation that the application be approved, subject to conditions. Chair Ruttan inquired as to whether the applicant or their agent wished to address the Committee. Michael Preston, applicant, stated that he was happy to answer any questions from Committee members should they arise. Mr. Ruttan inquired (3 times) as to whether any members of the public wished to comment on the application (none heard). Chair Ruttan asked whether any Committee members had questions regarding the application. (None heard). Ms. Kaestner read the resolution for approval of the application, subject to conditions. Chair Ruttan asked Committee members if they had any comments on the resolution. None heard. Resolution No. 2024-07-08 Moved by: Mike Howe Seconded by: Kevin Fox THAT the Committee of Adjustment hereby approves minor variance application PL-ZNA-2024-0089 for property municipally known as 4652 North Shore Road, to permit a single detached dwelling to be located 25.4 metres from the highwater mark of Loughborough Lake, to permit a sleeping cabin to be located

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Minutes of Committee Of Adjustment August, 8, 2024 11.4 metres from the highwater mark and 6 metres from top of bank, and to permit a cabana to be constructed 12.6 metres from the highwater mark and 6 metres from top of bank, subject to conditions. Carried e)

PL-ZNA-2024-0095 (Donaldson) (Spellman) - Loughborough District Property Address: Hinterland Lane (Johnston Point - Unit 2) Purpose & Effect of the Application: The owners propose to construct a house and sewage system on Unit 2 of the Johnston Point Vacant Land Condominium. The RLSW-104 zone requires the house to be setback a minimum of 40m from the highwater mark or floodline of Loughborough Lake. It was determined during the review process that a small bay comes into the property making it impossible to achieve this setback. The house would be 9.5m from the floodline in the small bay. The plot plan suggests that points of the house may also intrude into the setback by 0.1m to 0.8m. A minor variance is being requested to allow the house to be setback less than 40m from the highwater mark or floodline of the lake. Christine Woods, Manager of Planning, delivered her report to the Committee with staff recommendation that the application be approved, subject to conditions. Chair Ruttan inquired as to whether the applicant or their agent wished to address the Committee. Rod Spellman, agent for the application, stated that he was present in chambers to answer any questions that may arise. Mr. Ruttan inquired (3 times) as to whether any members of the public wished to comment on the application (none heard). Chair Ruttan asked whether any Committee members had questions regarding the application. Committee member Roberts stated that he supported the Planner’s position and that there were more restrictions in this particular development than any other areain the Township so he has no problem with the minor variance. Committee member Mike Howe concurred with Mr. Roberts, stating that this is a highly supervised are of development and that he supported the application. Mr. Ruttan inquired as to whether there were any further questions from Committee members (None heard). Ms. Kaestner read the resolution for approval of the application, subject to conditions. Chair Ruttan asked Committee members if they had any comments on the resolution. None heard. Resolution No. 2024-07-09 Moved by: Kevin Fox Seconded by: Norm Roberts

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Minutes of Committee Of Adjustment August, 8, 2024 THAT the Committee of Adjustment hereby approves minor variance application PL-ZNA-2024-0095 for property municipally known as Unit 2, Johnston Point to permit a single detached dwelling to be setback a minimum of 39.2m from the highwater mark of Loughborough Lake and 9.5m from the floodline, subject to conditions. Carried 10

Other Business

Delegated Authority Report Kate Kaestner, Planning Clerk, delivered her Delegated Consent report to the Committee.

Adjournment

Resolution. Resolution No. 2024-07-10 Moved by: Norm Roberts Seconded by: Kevin Fox THAT the August 08, 2024 meeting of the Committee of Adjustment for the Township of South Frontenac is hereby adjourned at 8:21 pm to reconvene on Thursday, September 12, 2024 at 7:00pm or at the call of the Chair. Carried

Randy Ruttan, Chair

Page 50 of 103

Page 51 of 103

provided the Committee is Of the Opinion

is desirable for the appropriate development or use Of the land, building or structure Maintains the general intent and purpose of the Official Plan. Maintains the general intent and purpose of the Zoning By-law. is minor in nature

The Committee may vary Zoning By-law provisions that the variance:

The Committee Of Adjustment is a Committee of eight persons appointed by Township Council. The Committee is formed under Section 45 of the Planning Act R.S.O. 1990, Chapter R13, to authorize a minor variance from a zoning by—lawor permission under s. 45(2) to alter a legal non-conforming use.

Updated June, 2023

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE OR PERMISSION (s. 45(2))

Planning Application Fee: $1,230.00 $1,445.00 $2,206.00

Township of South Frontenac Minor Variance Only Minor Variance WITHPerformance Review Minor Variance in combination with a new Class 2, 3, 4, or 5 sewage

$46300 $72000 $1’183'00

It iS required that a Fee be provided for the Township to review onsite sewage disposal and Conservation Authority (where applicable) when submitting an application (Separate cheques, payable to the applicable Conservation Authority, are to be submitted with the application).

Application Type: 1-3 Variances 4+ Variances After building without a permit

It is required that one (1) copy Of this application be filed with the Secretary-Treasurer Of the Committee Of Adjustment, together with the sketch, accompanied by a non-refundable fee in accordance with the chart below in cash, or by debit card, credit card or cheque made payable to the Township of South Frontenac.

Application Requirements

The Committee may grant permission tO enlarge or extend a structure or alter the use of the lands where any land, building or structure, on the day the by-law was passed, was lawfully used for a purpose prohibited by the by-Iaw.

A ?ery;1’! 3711““?

Page 52 of 103

Personal information requested herein is required under the Planning Act, 1990 as amended. This information will be used by the Committee of Adjustment/Land Division Committee for the purpose of reviewing the above referenced application, and may be made available to those boards, Commissions, Authorities, Agencies and Persons having an interest in this matter. Any questions regarding the collection of this information should be directed to the Secretary Treasurer of the Committee of Adjustment (P.O. Box 100, Sydenham, Ont, KOH 2T0, Phone 376-3027 ext.2224).

Collection of Personal Information

Each applicant shall provide a sketch showing the dimensions of the subject land and of all abutting lands as outlined in Question 29 of the application. The sketch should be accurately dimensioned and scaled in either Imperial or Metric measures. This sketch, in conjunction with the Application Form, is the basis for the analysis of the Minor Variance Application by the Committee of Adjustment. It is strongly recommended that the applicant spend the necessary time to carefully and thoroughly assemble the data and transfer the data to the sketch. It is important that the sketch be drawn with accurate dimensions and measurements. Any application which does not include the above required information may not be accepted. In this regard, the applicant may wish to secure the assistance of a person who specializes in the drafting of such sketches. A guide to answering the application questions is attached.

PLEASE READ THIS ITEM CAREFULLY

Please Note: These fees are for consultation on this application only; these agencies may require additional permit applications and fees prior to any construction.

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

Page 53 of 103

Page 54 of 103

The

and

reason why

nature

subject

Road/Lane:

privately

the

are

the

Please indicate (LeV residence,

relief from

land:

the

Q PAWS

the

property

existing

subject to be public

I’I

Yes

whether garage. shed,

there

uses

are

the

etc.)

and

use cannot

the

any

with

the

buildings

only, please distance

VARIANCE

the

Zoni ng

TIG, Wye” $E&

MINOR

road/lane):

the

from

parking

KYSS

the facilities

Structures

indicate these

road?

provisions

iirm

maintained U

FOR amended

(8% ) CBS; bjk\0ek\n 909 a

(on

By— —:Iaw

$W5$

EXISTING

land?

by Is water approximate

1—!Yes

67><(

Zoning

Area:

Frontage

land.

APPLICATION c. P.13

comply

subject

municipally

subject

the

property

road.

used

road?

front

proposed

maintained

to the used or nearest

the

3 subject

R.S.O.

0C remem— (Mm

extent

ft%tt\ss<\3r\a»\

What

If access facilities and the

wedge

Name

Does

the

area

Act,

FRONTENAC

(<45<>»en5na\

“(:3

zoning

C(mmkrggiar\3

The

current

The

(1:253 mg&

and

Depth:

water):

depth

SOUTH Planning

(on

frontage(s),

Frontage

The

TOWNSHIP

Page 55 of 103

Setback Front

Lot

of If

14.Are

{1:3

13.The

any

uses

building(s) on built the

waoA

proposed

one

High

I: Is story)

Area

two

Setback from Water Mark (If applicable)

Dimensions Floor

Line

from

Line

from

Line

from

Building

Lot

Indicate (Also or story

Height

Side

Setback

Rear

Setback

Structure

answer

residence)

If the

(E.g.

Type

TOWNSHIP

the

1 1 yes.

subject

SOUTH Planning

Yes

or structure(s). subject land?

(1)

item

additions

(2)

EACH

land:

for

FRONTENAC Act, R.S.O.

bui

existing

’ng

FOR amended

building(s)

(3)

structure

APPLICATION c. P.13

indicate;

MINOR

structure(s),

( 4 )

VARIANC E

Page 56 of 103

of It

If yes.

Do please

plans provide

is yes.

SOUTH Planning

for

details:

any

waterfront,

(2)

proposed

R.S.O.

existing

mark relate building.

and

FOR amended

(3)

structures?

VARIANC E

structure

MINOR

Yes

the lane, setback same. the CONSTRUCTION NEW

building

private be will the to

addition.

APPLICATION P.13 c.

1990,

the high water in this question the completed

each

Act,

FRONTENAC

DEMOLITION

setback from required total size of

property

include

your

(1)

one

item

subject If the lot line and the 2) The dimensions and NOT the to

Mark

story)

from

NOTES:

Water applicable)

Setback

High (If

from Line

Line

from

Building

two

Outside

|nd|cate

Lot

Dimensions Building/Structure

story

(Also

Helght

Side

Setback

Lot

Setback Rear

Line

from

of Structure residence)

answer

Lot

the

Setback Front

Type (E.g.

TOWNSHIP

Page 57 of 103

Indicate

storm

privy.

operated

that

water

land

drainage provided

or septic

and

provided owned

)

structures

L476

sewers.

in one, by

fixtures

bedrooms

the

ditches,

provided owned

existing

swales

subject operated

the

other

land individual

land

the

Yes

communal

and

publicly

means?

well,

owned

continued:

I 1 Yes

owne d

ated lake,

oper

lan ds:

[—1

l_l

i‘l

VARIANCE

subject

MINOR

I iYes

publicly communal

owner:

FOR amended

have

structure?

constructed

land individual

subject

were

current

encroach

and

the subject operated

the

structure system?

uses

and

disposal privately a

APPLICATION c. 1990, P.13

development?

M/A ,1\3A

existing

‘OCDAXQ,

the

buildings

was

existing acquired

living

plumbing

number

space

RAISING

FRONTENAC R.S.O. Act,

proposed

addition

the

details:

the

SOUTH Planning

god’s

privately a means:

time

existing

the the

whether sewage sewage system, other means:

other

body,

whether

system.

the

2):}

subject

Will

Increase

(b)

uses

provide

Increase

the

include

(a)

the

Indicate water

length

21.The

date

20.The

Eek

date

The

1 9.

plans please

are

your

yes,

What

TOWNSHIP

Page 58 of 103

M‘N

please

ote:

boundaries

all

The

line

abutting

lot

The distances property to importance to on—site

be varied, and should IS

the

ditches.

distance

and abutting REQUIRED be prepared

Show

river

subject

natural

(neighbours‘)

the

file

FOR

application

the

bridge

the

including

THE

been

between

ever

the subject buildings.

barns sig nifi as can t of ,

applicant‘s

wetlands,

the

and

lan crossing. d

location subject

the

the railway

TOP

THE

subject

application

the

Pla nni ng

VARIANCE

fields and wells, septic be shown. The is SKETCH carefully, neatly and accurately owners’

the

under

MINOR

5716291063?

number of

amended

artificial features include Examples or stream banks, barns, these of features from

lands.

distance

and land.

such

i.e.

subject

application

land

number

ARROW

following:

file

land has Variance).

the

……

NORTH

the

give

subject

APPLICATION P.13 C.

1990,

amsbs

(Minor

landmark

point

all of the to

showing

subject

please

Consent.

land

Act

please

HAVE

reference

The location approximate the land that is adjacent watercourses, drainage wells and tanks. septic lines.

yes,

and dimensions buildings.

MUST

location

yes,

whether Planning

submitted

FRONTENAC R.S.O. Act,

0031

iggNo

the

The location of nearest township

proposed

The and

ii)

item

SKETCH

must

indicate

THE

SKETCH

Yes

answer If the the application.

I‘l

Section

SOUTH

Planning

the subject Subdivision

question

whether Plan of

answer to application.

known.

under

)q‘Yes

indicate

sLeu-saogu)

If the the

Please approval

TOWNSHIP

Page 59 of 103

Page 60 of 103

Reason why you can’t comply: In other words, why can you not meet the required setbacks. It could be, for example, because you are seeking a variance to add on to an existing structure

—

Nature and Extent of Relief: This question is asking what you are asking to do that requires the variance for example, it could be that you are asking to be 25 m rather than 30 m from the high water mark, or that you are asking to increase the height of a structure within 30 m of the high water mark, or that you are seeking a variance to construct an accessory building closer to the front lot line than the principal building.
Current zoning: You may not be aware of the zoning on your property and this can be determined when you come in for pre-consultation with planning staff.
Frontage, depth, area, acres: All parts of this question must be completed.

—-

Description of the Subject Land: a. District: The Districts are the same as the former Townships. If you are not sure, check the roll number (the long number beginning with 1029) on your tax bill. Ifthe numbers are 010, 020 or 030, your district is Bedford; if the numbers are 040-050, your district is Loughborough; if the numbers are 060 or 070, your district is Storrington; and if the numbers are 080, your district is Portland. b. Concession and Lot Numbers: if you are not sure, check your tax bill c. Street Number: Your civic address if a civic number has not been assigned, leave this space blank. d. Name of Road/Street: This question applies whether or not you are on a private lane or a public road.

Reference Plan No: If your property has been surveyed, it will have a plan number, and one or more parts on that plan. If your property has not been surveyed, leave this space blank. f. Roll No: This is the number beginning with ‘1029’ which appears on your tax bill. Please take time to look it up before submitting the application.

You may wish to appoint someone to act on your behalf during the variance process. Ifso, that person’s name, address and phone number should appear here All owner’s must sign the authorization.
The names of all owners must appear in this section, even if they live in separate residences, and the address(es) should be the full mailing address, complete with postal code.

A Guide to Completing the Minor Variance Form

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

Page 61 of 103

19)Date land acquired: When did you take possession of the property?

—

18)Uses of Development: Please answer each part of this question. An increase in living space would include anything with walls 6.9. a screened porch would involve an increase in living space.

17)Raising of Structure: In other words, are you proposing to raise the building in order to construct a basement under it.

Demolition: All demolition requires a permit from the building department. In some instances, a proposed addition or increase in height cannot be accomplished without the removal of existing walls. If this is not made clear to the Committee at the beginning of the process, you may find that, although you are granted permission to add on to your residence, you can’t actually do it because you have not made it clear that there is demolition involved.
Description of new construction: ALL proposed new development must be described here. If you are proposing to construct an addition to a dwelling, and to add a deck, please show this information in separate columns.

—-

Proposed structures: If you are planning to build ANYTHING on the property, the answerto this question is “yes” This includes additions, decks, garages, septic systems.
Proposed Uses: Generally, the answer to this question will be the same as the answer to #10, but if, for example, the land is currently vacant, and you are planning to construct a dwelling, then the use to be described in section 10 would be “vacant recreational land”, and the use described in section 13 would be “residential”
Description ofbuildings and structures: You must complete all sections of this question for each structure on your property. If there is a deck on your dwelling, please describe it separately from the residence.
Buildings: If there are ANY buildings or structures on the property now, the answer to this question is “yes”.
Existing Uses: e.g. residential, retail business, vacant recreational land
Parking and Docking: This question is only relevant is you can only access your property by water.

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

Page 62 of 103

—

Agreement to lndemnify: Must be signed in front of a commiSsioner of oaths you may have this done before submitting the application, or sign the application in front of staff who can sign as commissioners. All owners must sign the application, or it can be signed by an agent if one has been appointed.
SKETCH: We cannot stress enough the importance of a detailed, accurate, and complete sketch. You do not necessarily need to contract with a professional to draw the sketch, but sketches that are not drawn to scale, do not show dimensions and distances, or are not drawn neatly (PLEASE USE A RULER), will not be accepted.
If yes: if there has been a previous variance granted on the property, please indicate the application number if known, and what the details of the variance were.
Minor variance: Has there ever been a minor variance granted on the property? if you are longtime owner of the property, you will probably be aware of any other special permission granted for a variance to the zoning by-law. if you are a new owner, the seller will probably have made you aware of this.
if yes: If there is a current application for severance or subdivision on the property, please indicate the file number. (Staff can help provide this information)
Application for consent: Is there currently an application for consent (severance) being proposed for the property?
Drainage: Are there specific ditches that have been constructed to deal with drainage; is there natural drainage, etc.?
Septic: in most cases the answer will be private sewage system, but there may be some privies.

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

Map

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1247 RETREAT LANE

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1124 SLUMBER LANE

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Lake Trout Lake At Capacity

Lake Trout Lake Not at Capacity

Non-Lake Trout Lake At Capacity

Waterbody SPARROW RIDGE LANE

I Township Boundary Road

SPARROW RIDGE LANE

1047 IW LANE

Page 63 of 103

LJJ

Provincially Significant Wetland

KEZEFREDWooded

35:3

Subject Property Parcels

STAGE SYDENHAM COACH ROAD ROAD g«a

1153 RETREAT LANE

2672 RUTLEDGE RD

//// 103:1??008

1036 STORM HAVEN LANE

2698 RUTLEDGE RD

Legend

BRIDLE PATH LANE

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ROAD FREEMAN

Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2024.

1011 D STORM HAVEN LANE

2535 RUTLEDGE RD

2632 RUTLEDGE RD 2616 D RUTLEDGE RD 2640 RUTLEDGE RD a

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While the County 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.

2526 RUTLEDGE RD a

RUTLEDGE RD

2430 RUTLEDGE RD

Scale: 1:6,000 O

2441 RUTLEDGE RD

RUTLEDGE ROAD 2527

RD RUTLEDGE 7

100

-:—

200 m

UTM Zone 18 NAD 83

SYDENHAM RD

Date: 2024-08-13

Page 64 of 103

From: To: Subject: Date:

planning 2462 Rutledge rd September 1, 2024 1:44:47 PM

Kate Kaester, We are writing in response to the committee of adjustments decision to allow for a minor variance on the above mentioned property. We question why we have zoning by-laws when all you need to do is apply for a minor variance. Although we understand the request, that part of Rutledge rd is quite dangerous already as cars driving out of Sydenham on Rutledge drive quite fast and are at a visual disadvantage due to the hill. Over our 14 years here, we have had several close calls. We pump our brakes many times to ensure cars behind us see that we are turning. We understand that the township says it’s safe, but from experience, it is a hazard. Adding two more driveways may present more chance for accidents. We are simply letting our concerns be known. In addition, the map provided for the second time in the last few months is inaccurate. 12 Bridle path is not there. That address is on Retreat Lane. Sincerely, Troy and Natasha Buchanan

Page 65 of 103

To:

Committee of Adjustment

From:

Development Services Department

Date of Meeting:

September 12, 2024

Subject:

Minor Variance Application (S. 45(1) of Planning Act) PL-ZNA-2024-0096, Card, 2562 Rutledge Road, Loughborough District

Summary This report recommends that the Committee of Adjustment grant approval of the subject application for zoning relief for deficient lot frontage, as this application meets the four tests of a minor variance outlined in section 45(1) of the Planning Act. Background Official Plan Designation: Rural Zoning: Rural Proposal The following proposal seeks zoning relief on lands subject to consent applications PL-BDJ2024-0037 & PL-BDJ-2024-0038. Both consent applications were granted provisional approval by the Committee of Adjustment on June 13, 2024. One condition required that a minor variance be sought to permit reduced frontage for the retained lands. The retained lands have a 70.364m of frontage, as determined by an Ontario Land Surveyor. Zoning Relief Requested Section 7.3.2 – to permit a parcel to have a lot frontage value of 70 metres, whereas a minimum 76 metres is required. Related Applications The lands are not subject to any additional applications under the Planning Act. Property Description The subject property is a large parcel of land on the north side of Rutledge Road, east of Sydenham. Existing development consists of a single detached dwelling and a detached storage building. All development is isolated to the southern portion of the property adjacent to Rutledge Road. Topography varies significantly across the property’s extent, with the lands www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 66 of 103

Township of South Frontenac Staff Report PL-ZNA-2024-0096

generally sloping down towards the centre, forming a small valley. Within this low lying valley feature exists an unevaluated wetland and watercourse draining east towards Sydenham Lake. The surrounding area consists of mostly rural residential and limited service residential development. Department and Agency Comments Cataraqui Conservation and Building Services had no objection with the approval of consent applications PL-BDJ-2024-0037 & PL-BDJ-2024-0038. Public Services had no objection to the approval of either consent application. Staff concluded that adequate sightlines exist to permit an entrance from Rutledge Road to the retained parcel. Public Comments Planning Staff received written correspondence from a surrounding property owner via email. The main concern outlined was regarding potential traffic hazards associated with the creation of new entrances on Rutledge Road. The written correspondence did not include any specific questions or comments about the minor variance application. Planning Analysis The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. It is the opinion of Planning staff that the proposal meets the four tests as explained below. Does the variance maintain the general intent and purpose of the Official Plan? The proposed variance maintains the general intent and purpose of the Official Plan related to rural residential development. The requested variance would facilitate the division of the subject property via consent on lands that are designated Rural in the Official Plan in Schedule A. Section 5.7.4 of the Official Plan states that the Township may consider reductions to the minimum lot size and frontage requirements provided that the overall intent of the Plan is maintained. Section 7.1 also states that the size and shape of any parcel of land created by consent shall be appropriate for the proposed use and shall conform to the provisions of the zoning by-law. The retained parcel from consent applications PL-BDJ-2024-0037 & PL-BDJ2024-0038 exceeds the minimum area requirements (~72Ac) and has an appropriate shape. Given the large size of the retained parcel, a 6 metre reduction in lot frontage should have no impact on its ability to function as a rural property. Further, the proposed reduction wouldn’t compromise the ability to locate a safe entrance point from Rutledge Road. Finally, the proposed lot frontage is similar to other lots in the surrounding area and ultimately appropriate for the use of the property as intended by the Official Plan.

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 67 of 103

Township of South Frontenac Staff Report PL-ZNA-2024-0096

Does the variance maintain the general intent and purpose of the Zoning By-law? The retained parcel from the consent applications complies with the minimum lot area requirements of the RU zone but does not comply with the minimum lot frontage. The intent of minimum lot frontage is to ensure lots are wide enough to accommodate the permitted uses, to prevent multiple driveways from crowding into a condensed area, and to ensure safe access to and from properties from the roadway. The retained parcel would have 70 metres lot frontage instead of 76 metres frontage. This should provide the width necessary to accommodate the range of uses permitted in the RU zone, while also allowing flexibility in locating a driveway which does not result in crowding. Public Services staff concluded that sightlines exist to permit a safe entrance to the retained lands from Rutledge Road. It is the opinion of Planning Staff that the proposed variance maintains the general intent and purpose of the Zoning By-law. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The requested variance is desirable for the appropriate development of the land. The frontage of the retained parcel would be 70.364 metres, as determined by an Ontario Land Surveyor. This proposed reduction in frontage is minimal, appropriate for the area of the parcel, and would not compromise its use as a rural property. The subject property could not be further divided via severance consent, as all the available lot frontage has been divided. Is the variance minor? The requested variance is minor as it maintains the general intent and purpose of the Official Plan and Zoning By-law and is also desirable for the appropriate development of the land. There are no anticipated impacts on the existing or planned functionality of the subject property, adjacent properties or the roadway as a result of the reduced frontage. Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing. This included notice given: • • •

by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 68 of 103

Township of South Frontenac Staff Report PL-ZNA-2024-0096

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2024-0096 for 2562 Rutledge Road permitting the retained parcel from consent applications PL-BDJ-20240037 and PL-BDJ-2024-0038 to have a minimum 70 metres lot frontage. Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Manager of Planning

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 69 of 103

Page 70 of 103

Cataraqui

the general general

appropriate intent intent

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and and

permit

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filed

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the

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review onsite an application submitted with

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accompanied credit card,

the Township when submitting are Authority, to

for

extend day

the

appointed 1990, alter to

by Chapter

FRONTENAC VARIANCE 45(2))

2023

the land, Plan. By—law.

provided

use of Official Zoning

or the

or the the

June,

SOUTH MINOR (s.

persons Act R.S.O. s. 45(2)

application the sketch, or by debit cash.

this with

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provisions

development purpose purpose

By—law

eight of Planning the permission under

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that a Fee be provided Authority (where applicable) Conservation applicable

Frontenac South Only Performance WITH combination with in than a Class A system

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Type:

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Variance

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Requirements

It is required Conservation payable to

Township Minor

for

vary

a is Section by—law

Updated

TOWNSHIP OF APPLICATION FOR OR PERMISSION

to may grant permission building or land, structure, prohibited by the by-Iaw.

the the

may

under a zoning

Adjustment

required one (1) copy it is that ofAdjustment. together Committee accordance with the chart below the Township of South Frontenac. to

Application 1-3 Variances Variances 4+ After building

formed from

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Page 71 of 103

Rideau Please additional

Quinte

READ

THIS

are

ITEM

CAREFULLY

FRONTENAC Act, R.S.O.

Authority for consultation and fees prior

SOUTH Planning

on any

this application construction.

APPLICATION c. P.13 1590,

these

MINOR

only:

FOR amended

ag en cie s

VARIA NCE

questions Treasurer 376—3027

boards.

purpose

requested be used

herein is under Planning the required Act, the ofAdjustment/Land Division Committee of reviewing the above referenced application. and may be made Agencies and Persons having an interest Authorities, Commissions. regarding the collection of this information be should directed Committee the Adjustment (PO. Box Sydenham, of of 100, Ont., .2224) . ext

information Personal This information will

Each abutting

applicant shall a sketch showing the subj the dimensions of provide ect s as lands outlined Question 29 the The of sketch in application. h dimensioned and sealed either or Metric measures. This in Imperial sketch, o the is the basis for the analysis of the Minor Variance Application Form, u Committee of Adjustment. It is strongly recommended that the applicant s l p carefully thoroughly time to and assemble the data and data transfer the d e be drawn that the sketch with dimensions and important accurate me n which the does include above information application not required not as may d ure regard, the wish secure the assistance of a who applicant to person may me drafting of such sketches. answering the application questions is to A guide nts . of Information Collection Personal

PLEASE

Authority

Valley Conservation These fees Note: permit applications

Conservation

TOWNSHIP

Page 72 of 103

Page 73 of 103

< 1300’ +/-

471 .25’ +/Area:

500’

leg

Yes

I_l_g

n/a

If access to the subject property is by water only, please indicate the parking and docking facilities used or to be used and the approximate distance of these facilities from the subject land and the nearest public road.

East Shore Lane

Name of Road/Lane:

OR a privately maintained road?

Does the subject property front on a municipally maintained road?

The existing cottage with block foundation currently sits inside the setback requirements.

The reason why the proposed use cannot comply with the provisions of the Zoning By—law:

Looking to add to an existing cottag_e structure that is considered “legal non-conforming use”. The proposed cottage addition will be to the rear of the existing structure and will not encroach any closer to the high water mark than what currently exists. All other setbacks are respected.

6.44 acres

Frontage (on road/lane):

The nature and extent of the relief from the Zoning By—law:

Recreational

The current zoning of the subject land:

Depth:

Frontage (on water):

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

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

Page 74 of 103

indicate

from Line

Line

from

it one

High

story)

Area

two

Setback from Water Mark (If applicable)

Dimensions Floor

story

answer

Building

Lot

Setback Side

Lot

Setback Rear

1 5.79m 40.36m

+/—

32’ +/-

+/—

37m 28.81m

+/—

16,41m

+/—

for

are

Act,

Deck

+/—

N W

13.45rn 32.96m 33.2m

irregular 992 sq

1 3.9m

300m

32.96m

(2)

+/— +/+l—

+/—

building or

FOR

Bunkie

120

10’

11'

12’ sq ft

16.8m

+/—

1 9.17m+/—

300m

47.09m

(3)

MINOR

+/—

indicate:

structures

amended

structure

buildings

APPLICATION c. P.13 1990,

EXISTING

EACH

any

R.S.O.

FRONTENAC

[incl

+l~ +/~

yes,

24' 768

(18 avg) storeys basement]

two

21'

S N

300m

37m

Cottage

(1)

item

Yes

there etc.)

SOUTH Planning

indicate whether garage, shed,

of Structure residence)

If the

Lot

Height

(Also

Please

residence,

Setback Front

Type (E.g.

1 1.

TOWNSHIP

VARIA NCE

Page 75 of 103

story

Indicate

B If

any PROPOSED

the

Are

answer

Same

proposed

The

one

uses

item

the

Shed 2

yes,

for

each

9’ sq

additions

+/—

Sauna

(7)

addition,

APPLICATION c. P.13 1990,

proposed

land?

land:

7’ 63

24.9m

+/—

Barrel

300m

1 m

(6)

FRONTENAC R.S.O. Act,

structure(s), the subject

subject

+/—

+l—

Yes 14

built

Cottaq

17.7m

2‘ x 8 sq

4’

4' ft

300m

20.2m

SOUTH

Planning

Steel

52.5m

(5)

building(s) be to

(Private

High

story)

Area

two

Line

from

from Line

Setback from Water Mark (If applicable)

Dimensions Floor

(Also

Lot

Setback Side

Height

Lot

Rear

Setback

Structure

residence)

Setback Front

Type (E.g.

TOWNSHIP

FOR

VARIA NCE

structure

building(s)

MINOR

building

existing

amended

Page 76 of 103

indicate

two

Lot

if story)

from Line

Line

from

NOTES:

one

N W

19.42rn 30.5m 32.95m

+/— +/— +/—

and

(2)

FRONTENAC R.S.O. Act,

+/—

+/— +l—

+l—

avg) (22‘ storey

1 2. 1 rn 42.38m

L shaped 18' x 26' 6' x 12'

one

23'

39.79m

ion

+l—

SOUTH Planning

Cottage

46.75rn

Addi

(1)

APPLICATION c. P.13 1990, as

FOR

(3)

setback

VARIA NCE

CONSTRUCTIO N

the

MINOR

lane, same. NEW

amended

is on and on a subject property private waterfront, If the the high mark be the the setback water from line and will relate to the dimensions 2) The required question in this building. total of the to the size completed NOT

from Setback Mark High Water (If applicable)

Outside Dimensions Building/Structure

story

(Also

Height

Side

Setback

Setback Rear

Lot

Structure residence)

Setback Front

Type (E.g.

TOWNSHIP

Page 77 of 103

Egg

increase in plumbing fixtures

Increase in living space

Will the addition or structure encroach

(b)

(0)

(d)

?es leg

leg

Yes

The length of time that the existing uses of the subject land have continued:

Circa 1976

The date the existing buildings and structures were constructed on the subject lands:

2012

The date the subject land was acquired by the current owner:

on the existing septic system?

Increase in number of bedrooms

(a)

What are the uses of the proposed development?

A single storey addition to rear and side of the existing cott_a_ge.

If yes, please provide details:

Do your plans include the RAISING of an existing structure?

Cottage roof replacement, interior walls, ceiling, floor, electricanglumbingJ heating/cooling insulation windows door renovation.

If yes, please provide details:

Do your plans include any DEMOLITION of existing structures?

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

Page 78 of 103

THE SKETCH MUST HAVEA NORTH ARROWAT THE TOP OF THE PAGE.

A SKETCH must be submitted showing the following:

Unknown

If the answer to item 27 is yes, please give the file number of the application and the status of the application.

Yes

if known, please indicate whether the subject land has ever been the subject of an application under Section 43 of the Planning Act (Minor Variance).

if the answer to question 25 is yes, please give the file number of the application and the status of the application.

Yes

Please indicate whether the subject land is subject of an application under the Planning Act for approval of a Plan of Subdivision or Consent.

Small ditch and one drainage culvert under the private lane.

ls storm drainage provided by sewers, ditches, swales or by other means?

Private septic system.

Indicate whether sewage disposal is provided to the subject land by a publicly owned and operated sewage system, a privately owned and operated individual or communal septic system, a privy, or other means:

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

Page 79 of 103

**Note: **

The distances to on—siteand abutting owners’ wells, septic fields and barns, from the property to be varied, IS REQUIRED to be shown. The SKETCH is of significant importance and should be prepared as carefully, neatly and accurately as possible.

The approximate location of all natural and artificialfeatures on the subject land and on the land that is adjacent to the subject land. 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.

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

Page 80 of 103

Page 81 of 103

Frontage, depth, area, acres: All parts of this question must be completed.

—

Nature and Extent of Relief: This question is asking what you are asking to do that requires the variance for example, it could be that you are asking to be 25 m rather than 30 m from the high water mark, or that you are asking to increase the height of a structure within 30 m of the high water mark, or that you are seeking a variance to construct an accessory building closer to the front lot line than the principal building.
Current zoning: You may not be aware of the zoning on your property and this can be determined when you come in for pre-consultation with planning staff.

—

Description of the Subject Land: a. District: The Districts are the same as the former Townships. If you are not sure, check the roll number (the long number beginning with 1029) on your tax bill. If the numbers are 010, 020 or 030, your district is Bedford; if the numbers are 040-050, your district is Loughborough; if the numbers are 060 or 070, your district is Storrington; and if the numbers are 080, your district is Portland. b. Concession and Lot Numbers: if you are not sure, check your tax bill c. Street Number: Your civic address if a civic number has not been assigned, leave this space blank. d. Name of Road/Street: This question applies whether or not you are on a private lane or a public road. e. Reference Plan No: If your property has been surveyed, it will have a plan number, and one or more parts on that plan. If your property has not been surveyed, leave this space blank. f. Roll No: This is the number beginning with ‘1029’ which appears on your tax bill. Please take time to look it up before submitting the application.
You may wish to appoint someone to act on your behalf during the variance process. If so, that person’s name, address and phone number should appear here All owner’s must sign the authorization.
The names of all owners must appear in this section, even if they live in separate residences, and the address(es) should be the full mailing address, complete with postal code.

A Guide to Completing the Minor Variance Form

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

Page 82 of 103

Raising of Structure: In other words, are you proposing to raise the building in orderto construct a basement under it.
Demolition: All demolition requires a permit from the building department. In some instances, a proposed addition or increase in height cannot be accomplished without the removal of existing walls. If this is not made clear to the Committee at the beginning of the process, you may find that, although you are granted permission to add on to your residence, you can’t actually do it because you have not made it clear that there is demolition involved.
Description of new construction: ALL proposed new development must be described here. If you are proposing to construct an addition to a dwelling, and to add a deck, please show this information in separate columns.

–

Proposed structures: If you are planning to build ANYTHING on the property, the answer to this question is “yes” This includes additions, decks, garages, septic systems.
Proposed Uses: Generally, the answer to this question will be the same as the answer to #10, but if, for example, the land is currently vacant, and you are planning to construct a dwelling, then the use to be described in section 10 would be “vacant recreational land”, and the use described in section 13 would be “residential”
Description of buildings and structures: You must complete all sections of this question for each structure on your property. If there is a deck on your dwelling, please describe it separately from the residence.
Buildings: If there are ANY buildings or structures on the property now, the answer to this question is “yes”.
Existing Uses: e.g. residential, retail business, vacant recreational land
Parking and Docking: This question is only relevant is you can only access your property by water.
Roads: Municipally maintained roads are looked after by the Township; private roads are lanes that residents maintain themselves (not private driveways, but lanes that provide access to your property and that are generally shared with others).

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

Page 83 of 103

—-

Agreement to Indemnify: Must be signed in front of a commissioner of oaths you may have this done before submitting the application, or sign the application in front of staff who can sign as commissioners. All owners must sign the application, or it can be signed by an agent if one has been appointed.
SKETCH: We cannot stress enough the importance of a detailed, accurate, and complete sketch. You do not necessarily need to contract with a professional to draw the sketch, but sketches that are not drawn to scale, do not show dimensions and distances, or are not drawn neatly (PLEASE USE A RULER), will not be accepted.
If yes: If there has been a previous variance granted on the property, please indicate the application number if known, and what the details of the variance were.
Minorvariance: Has there ever been a minor variance granted on the property? Ifyou are long— time owner of the property, you will probably be aware of any other special permission granted for a variance to the zoning by—law.If you are a new owner, the seller will probably have made you aware of this.
If yes: If there is a current application for severance or subdivision on the property, please indicate the file number. (Staff can help provide this information)
Application for consent: Is there currently an application for consent (severance) being proposed for the property?
Drainage: Are there specific ditches that have been constructed to deal with drainage; is there natural drainage, etc.?
Septic: in most cases the answer will be private sewage system, but there may be some privies.
Water supply: in most cases the answer will be private well, but some waterfront properties take their water from a lake.
Length of existing uses: For example, has the land been used for residential purposes for 30 years, or 18 months?

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

Inset Map ‘na

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1503 EAST SHORE LANE Legend .

144 EAST SHORE LANE

Subject Property Parcels

////

Provincially Significant Wetland Wetland

150A EAST SHORE

LANE 1503 EAST SHORE LANE

Wooded Area Lake Trout Lake At Capacity

Lake Trout Lake Not at CapaCIty

Non-Lake Trout Lake At Capacity

Waterbody

I Township Boundary Road

160 EAST SHORE LANE

0 1793 GREEN BAY RD

184A EAST SHORE LANE

Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2024.

Page 84 of 103

1843 EAST SHORE LANE

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Prosper Minor Variance Application – 150b East Short Lane

Table of Areas/Heights Existing Cottage Main Floor Basement Total Proposed Addition New Total Other Deck Bunkie Steel Shed 1 Steel Shed 2 Barrel Sauna

Ground Floor Area 768 sq ft 384 sq ft 540 sq ft (50.17 m2)

Gross Floor Area

1152 sq ft 1692 sq ft 992 sq ft 120 sq ft 64 sq ft 8 sq ft 63 sq ft

Height 21’ (18’ avg) 8’ (4’ avg) 23’ (22 avg) 6.5’ (avg) 11’ 7’ 4’ 7’

Page 89 of 103

Township of South Frontenac Building Services 4432 George Street, Box 100 Sydenham, ON K0H 2T0 613-376-3027 www.southfrontenac.net

Sewage System Review Comments To:

Secretary-Treasurer, Committee of Adjustment Township of South Frontenac 4432 George St, Box 100 Sydenham, ON K0H 2T0

Application Number:

PLZNA20240100

Type of Application or Proposal:

Planning Sewage Review - Minor Variance

Applicant:

Ronald & Lorna Prosper

(if applicable) Agent:

Location:

102901002019000 150 EAST SHORE LANE, Unit:B BEDFORD CON 3 PT LOTS 17 AND;18 AND RP 13R2936 PARTS 1 TO;PART 6 The existing sewage system (KFL&A Public Health file BE-90-75) does not have the capacity to accept the additional flow generated by the proposed addition.

Comments:

Pending approval of the planning application, the applicants will need to apply for and obtain a permit for a new sewage system through this office to proceed with the proposed addition.

Building Inspector: Matthew Doyle Date:

August 28, 2024

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community

Page 90 of 103

a t D a t e : F i l e : R V

September 10, 2024 24-SFR-MVA-0020 (BEDFORD) PL-ZNA-2024-0100 Township of South Frontenac Committee of Adjustment P.O. Box 100 4432 George Street Sydenham, ON K0H 2T0 Contact: Attention:

Noah Perron

Subject:

Ronald & Lorna Prosper Application for the Expansion of a legal non-conforming use– PL-ZNA-2024-0100 Concession 3 Lot 18 Former Township of Bedford, Now the Township of South Frontenac; Roll Number: 10290100201900000000 Civic Address: 150 B East Shore Lane ———————————————————————————————————–Dear Mr. Perron, The Rideau Valley Conservation Authority (RVCA) has reviewed the subject application within the context of:

Section 3.1 Natural Hazards of the Provincial Policy Statement under Section 3 of the Planning Act,
The Rideau Valley Conservation Authority O. Regulation 41/24 under Section 28 of the Conservation Authorities Act),
Tay River Subwatershed Report 2017 – Bobs Lake Catchment
The Mississippi-Rideau Source Protection Plan. THE PROPOSAL The Rideau Valley Conservation Authority understands the applicant is seeking permission to expand a non-conforming use under Section 45(2) of the Planning Act to enlarge a legal nonconforming dwelling by constructing a proposed one-storey addition that would have an area of 50.2sqm (540sqft), a height of 7m (23ft), and be setback approximately 19m from the highwater mark. The applicant is proposing to construct an addition to the east and south of the existing dwelling, away from Bobs Lake. The proposal would also require the installation of a new sewage system in the same location at the existing setback of approximately 21m from the highwater mark of Bobs Lake.

Page 1 of 3

Page 91 of 103

RVCA COMMENTS AND RECOMMENDATIONS Review Comments Provincial Policy Statement Regarding 3.1 of the PPS, there are no natural hazards that would preclude this application. Ontario Regulation 41/24 Any proposed alterations to watercourses, including but not limited to, culvert installation, bridge crossings, diverting, dredging, realigning, and stabilizing, requires the prior written permission of the RVCA in accordance with Ontario Regulation 41/24 “Prohibited Activities, Exemptions and Permits”. In this application there is no proposed work along the shoreline of Bobs Lake or within 15 metres of the highwater mark. An RVCA permit will not be required for the proposed works in this application. Mississippi Rideau Source Water Protection Plan Most of South Frontenac has been identified as a highly vulnerable aquifer as stated in the catchment report and indicated in the Mississippi-Rideau Source Water Protection Plan. These are aquifers that are vulnerable to surface contaminants due to thin or absent soils overlying bedrock that may be fractured. Where these conditions exist, it may be possible for contaminants to enter drinking groundwater supplies. For this reason, care should be taken to avoid land use and practices that may inadvertently lead to undesirable effects on groundwater. Some best practices that could be considered include: •

increased well casing depths,

•

increased distance of septic systems from drinking water wells,

•

ensuring wells are located upgradient of septic sewage disposal systems,

•

ensuring that wells and septic systems are properly maintained,

•

avoiding use of pesticides, herbicides and fertilizers.

Discussion & Recommendations From a natural hazard perspective, the proposed development is not inappropriate for the development of the subject property and will not result in undue adverse impacts on the surrounding properties. The proposed new addition will not encroach any closer to Bobs Lake than the existing cottage. The new septic system will be located at the same distance as the existing septic system, so this will not encroach any closer than what already exists. Should the Committee support the proposed expansion of a non-conforming use, our office would have the following recommendations for conditions of any implementing agreement or notes to be included in the Committee’s notice of decision: We recommend the following best management practices for consideration should this application be approved. These include:

Page 2 of 3

Page 92 of 103

•

Sediment and erosion controls between the construction area and the shoreline are to be installed prior to initiation of the work, to remain in place until the site has been stabilized and/or the vegetation has been allowed to be re-established to the satisfaction of the Township/Chief Building Official.

•

Roof runoff shall be collected and directed on-site and away from the services, into lowlying natural areas to provide the greatest infiltration of surface runoff. Runoff should not outlet directly towards Bobs Lake. Other Low Impact Development (LID) techniques should be used to deal with the runoff from the hardened building surfaces (roofs, walkways and decks) and driveways.

•

Maintenance of the waterfront vegetative buffer with native woody plant cover is important. The woody vegetation cover will continue to stabilize the shore and slopes and help infiltrate stormwater runoff. If you would like more information on planting shorelines or have a planting plan designed, please contact RVCA Shoreline Naturalization Program staff (Meaghan McDonald or Brandon Holden) at 1-800-2673504 or 613-692-3571.

•

For any proposed future shoreline alterations, an RVCA section 28 permit may be required. Please contact RVCA if you plan any work along the shoreline or within 15 metres of Bobs Lake.

Conclusion In conclusion, the RVCA does not object to the approval of the permission to expand a nonconforming use as presented. Thank you for the opportunity to comment. Please do not hesitate to contact the undersigned should you have any questions. Please advise the RVCA on the committee’s decision regarding this application or of any changes in its status.

Yours truly,

Michael Yee Environmental Planner & Biologist, RVCA 613-692-3571 X 1176

Cc:

Ronald & Lorna Prosper (Owner) Emma Bennett, Meaghan McDonald & Brandon Holden - RVCA

Page 3 of 3

Page 93 of 103

To:

Committee of Adjustment

From:

Development Services Department

Date of Meeting:

September 10, 2024

Subject:

Permission Application (S. 45(2) of Planning Act) PL-ZNA-2024-0100, Prosper, 150B East Shore Lane, Bedford District

Summary This report recommends that the Committee of Adjustment grant approval of this application for permission to enlarge a legal non-conforming dwelling under section 45(2) of the Planning Act, subject to conditions. Background Official Plan Designation: Rural Zoning: Limited Service Residential – Waterfront Relief Requested The applicant seeks permission under section 45(2) of the Planning Act to enlarge the legal non-conforming dwelling on the property within 30m of the highwater mark of Bob’s Lake. Related Applications The lands are not subject to any additional applications under the Planning Act. Property Description The subject property is approximately 6.5Ac in area, with frontage on Bob’s Lake. Access is via East Shore Lane which extends through the subject property in a north-south direction. The property can be divided into two distinct portions, the waterfront area to the west of the laneway and the inland portion to the east of the laneway. The inland portion of the property exists mostly in its natural state and is densely covered in mature tree and vegetation growth. The waterfront area contains all existing development, including a seasonal dwelling with attached deck and sleeping cabin, two detached storage structures and a barrel sauna. The area surrounding existing development is cleared of trees, but the remainder of the waterfront area is well vegetated. The shoreline of the subject property is irregular and extends further out onto Bob’s Lake than abutting properties, forming a small peninsula. The shoreline also features small inlets to the north and southwest of the existing dwelling. The existing dwelling www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report PL-ZNA-2024-0100

is located within 30m of both inlet features, with the inlet to the north being the closest highwater mark setback. The highest point of elevation on the subject property occurs in the inland area, before sloping down quickly towards the waterfront area. The waterfront area features a localized highpoint just to the rear of the existing seasonal dwelling, before sloping downwards towards the area adjacent to the shoreline. The existing dwelling is built into this slope, with its front end being supported by piers. The area adjacent to the shoreline is relatively flat, slopping down gently towards the Bob’s Lake. The surrounding area is characterized by similar style limited service residential waterfront development. Proposal The subject property is currently developed with a 71.3sqm (768sqft) seasonal dwelling with 92.2sqm (992sqft) attached deck, and 11.1sqm (120sqft) attached bunkie/sleeping cabin. The one-storey seasonal dwelling with walkout basement has a building height of 6.4m (21ft). The attached deck is the closest point of the seasonal dwelling to the highwater mark of Bob’s Lake, with setback values of approximately 14m from the inlet to the north and 26 from the inlet to the southwest. The dwelling component itself is setback 16.4m from the inlet to the north and 28.8m from the inlet to the southwest. The applicant is proposing to construct an addition, which would extend around the eastern and southern side of the seasonal dwelling (i.e., to the rear), away from the shoreline. The proposed one-storey addition would have an area of 50.2sqm (540sqft), a height of 7m (23ft) and would be setback approximately 19m from the inlet to the north and 30m from the inlet to the southwest. The proposal would also facilitate the installation of a new sewage system in a similar location as the existing. Department and Agency Comments Rideau Valley Conservation comments were not received at the time of writing this report. RVCA comments will be shared when they become available. Building Services provided comment on August 28, 2024. Staff have no objection to the approval of the application. It was noted that the existing system does not have the capacity to accept the additional flow generated by the proposed addition. Therefore, the applicants will need to apply for and obtain a permit for a new sewage system through this office to proceed with the proposed addition. Public Services did not provide comment on the application, as the subject property is located on a private lane. Public Comments No public comments were received at the time of writing this report. Planning Analysis The Township Official Plan Schedule designates the subject property as Rural and the property is zoned RLSW by Zoning By-law 2003-75. The seasonal dwelling is a permitted use. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report PL-ZNA-2024-0100

Section 5.10.2 of the Zoning By-law states that existing buildings with less than the minimum 30m setback from the highwater mark of a waterbody may be repaired, renovated, or strengthened to a safe condition provided there is no enlargement of the gross floor area or increase in height. This provision prohibits the enlargement of these existing buildings, without seeking permission from the Committee of Adjustment. The Zoning By-law considers the existing seasonal dwelling as a legal non-conforming building because it was constructed prior to the current Zoning By-law and is setback 16.4m from the highwater mark of Bob’s Lake. Through its powers under section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the dwelling. The criteria for considering an application under Section 45(2) are: •

Whether the application is desirable for the appropriate development of the subject property; and

•

Whether the application will result in undue adverse impacts on the surrounding properties and neighbourhood.

The existing seasonal dwelling on the subject property is presently setback 16.4m from the highwater mark of Bob’s Lake, specifically the inlet feature to the north. Comparatively, the proposed addition to the existing dwelling would be setback approximately 19m from the highwater mark. The proposed enlargement would consist of a 50.2sqm addition to the eastern and southern sides of the existing seasonal dwelling. The addition would facilitate an increase in gross floor area to 121.5sqm and an increase in ground floor area to 224.8sqm, a lot coverage value of 0.9%. Building height of the season dwelling would also increase to 7m. This scale and density of development would not conflict with the character of the surrounding area. The proposal would contribute additional living space to the existing cottage and would facilitate the installation of a new sewage system on the subject property. It is the opinion of Planning Staff, that the application is desirable for the appropriate development of the subject property. Given the modest size of the addition and its location to the rear of the existing dwelling, it is not anticipated to create any intrusive effects on neighbouring properties of the lake. Any potential intrusion would be mitigated by existing tree coverage along the shoreline and side yard. It is the opinion of Planning Staff, that the application is unlikely to result in undue adverse impacts on surrounding properties or the neighbourhood. Planning Staff recommend that a development agreement be registered on the title of the subject property as a condition of approval. The development agreement will address matters related to erosion control, runoff management and the maintenance of a healthy shoreline buffer. This will ensure that appropriate shoreline development practices are being implemented, so as to not impact the environmental quality of Bob’s Lake. Conclusion It is the opinion of staff that it is appropriate for the Committee of Adjustment to grant permission to expand the legal non-conforming dwelling on the property, as described in this report. www.southfrontenac.net Page 96 of 103 South Frontenac is a welcoming and thriving rural community.

Township of South Frontenac Staff Report PL-ZNA-2024-0100

Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing. This included notice given: • • •

by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve application PL-ZNA-2024-0100 for 150B East Shore Lane, subject to the following conditions.

The dwelling may be enlarged by an addition with a maximum area of 50.2sqm, and a maximum building height of 7m. This addition shall be approximately 19m from the inlet feature to the north of the existing dwelling. The location of the proposed addition shall be generally consistent with the submitted plot plan that will be attached to the Decision as Schedule “A”.
The Owner 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 the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated. b. Roof runoff will be directed away from Bob’s Lake and discharged to natural or constructed leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads to reduce the velocity of runoff. c. A natural vegetated buffer must be maintained in its natural state within 30 metres of Bob’s Lake, except in the immediate area of the building envelope.
A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac. Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Manager of Planning www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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To:

Committee of Adjustment

From:

Development Services Department

Report Date:

September 12, 2024

Subject:

Decisions on Delegated Consents

Summary This report is an information report to the Committee of Adjustment summarizing the Consents that have been approved by Delegated Authority since the last Committee of Adjustment Meeting.

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.

Discussion/Analysis a) PL-BDJ-2023-0071 & 0072 (Hineman) (Fotenn) – Loughborough District These undisputed consents were granted provisional consent on August 19, 2024. The purpose of the application(s) was for the creation of two new rural residential lots from property on Leland Road. The parcel for -0071 will be 2 hectares in area with 76 metres of frontage on Leland Road. The parcel for -0072 will be 1.1 hectares in area with 76 metres of frontage of Leland Road. b) PL-BDJ-2024-0053 & 0054 (Murray) (ZanderPlan) – Loughborough District These undisputed consents were granted provisional consent on August 19, 2024. The purpose of the applications was for the creation of two residential lot additions (lot addition swap) between properties addressed as 1133 Sassy Tree Lane and 1115 Sassy Tree Lane. Application -0053 is for a 31 acre lot addition to be conveyed from 1133 Sassy Tree Lane to 1115 Sassy Tree Lane, and application -0054 is for a 0.07 acre lot addition to be conveyed from 1115 Sassy Tree Lane to 1133 Sassy Tree Lane. c) PL-BDJ-2024-0058 (Gorr) – Portland District This undisputed consent was granted provisional consent on August 20, 2024. The purpose of the application was for one rural residential lot addition from property addressed as 1085 Gorr Road. The severed lands will be 2.5 hectares in area and will be conveyed to adjacent lands at 3596 Quinn Road East. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report – Decisions on Delegated Consents

d) PL-BDJ-2024-0065 (Campbell) – Storrington District This undisputed consent was granted provisional consent on August 26, 2024. The purpose of the application was for one commercial lot addition from property addressed as 3810 Perth Road. The severed lands will be 0.68 acres in area and will be conveyed to adjacent commercial lands at 3832 Davidson Road. e) PL-BDJ-2024-0066 (Campbell) – Storrington District This undisputed consent was granted provisional consent on August 26, 2024. The purpose of the application was for the creation of one new commercial lot addition from property addressed as 3810 Perth Road. The new commercial lot will be 2.1 acres in area with 76 metres of frontage on Perth Road and 156 metres of frontage on Davidson Road. f) PL-BDJ-2024-0075, 0076, & 0077 (Mulrooney) (Beach) – Storrington District These undisputed consents were granted provisional consent on September 4, 2024. The purpose of the application(s) was for the creation of three new industrial lots along with a 20 metre wide right-of-way from property addressed as 2965 Battersea Road. The parcel for -0075 will be 2.6 acres in area with 105 metres of frontage on each Battersea Road and Frontenac Road. The parcel for -0076 will be 5 acres in area with 105 metres of frontage on Frontenac Road. The parcel for -0077 will be 4.6 acres in area with 105 metres of frontage on Frontenac Road. g) PL-BDJ-2024-0078, 0079, & 0080 (Hornbeck) – Portland District These undisputed consents were granted provisional consent on August 26, 2024. The purpose of the application(s) was for the creation of three new rural residential lots from property on Leveque Road. The parcel for -0078 will be 7.3 acres in area with 90 metres of frontage on Leveque Road. The parcel for -0079 will be 6.5 acres in area with 90 metres of frontage on Leveque Road. The parcel for -0080 will be 5.6 acres in area with 90 metres of frontage on Leveque Road.

Attachments Appendix A – Mapping of application(s) Report Prepared By: Kate Kaestner, Planning Clerk Report Approved By: Brad Wright, Director of Development Services

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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APPENDIX A

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report – Decisions on Delegated Consents

www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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