Published August 13, 2020

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Reading Time 178 min read

Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: August 13, 2020 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, August 13, 2020 Council Chambers.

Electronic Meeting Information

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

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

4 - 111

Call to Order

Resolution

Adoption of Agenda

Resolution

Declaration of pecuniary interest

Approval of Minutes – July 9, 2020

Resolution

New Minor Variance Applications:

MV-45-19-P (George) Location of Property: Part Lot 9, Concession 11, District of Portland, Township of South Frontenac, municipally known as 4235 Maple Drive, Verona Rock Lake Purpose of Application: To permit the construction of an accessory building (detached garage) within the projected front yard of the subject property located at a reduced setback from the highwater mark from 30 metres (98.4 feet) to 18.5 metres (60 feet). The applicant is also seeking permission to increase the permitted maximum height of an accessory building from 6 metres (19.7 feet) to 7.4 metres (24.2 feet). The applicant is seeking relief from Sections 5.8.2, 5.24.2 and 14.3.2 of the Township of South Frontenac Zoning By-Law 2003-75 for the property located in the Urban Residential First Density (UR1) Zone.

112 129

MV-02-20-L (Vanderhaar) Location of Property: Part Lot 23, Concession 13, District of Loughborough, Township of South Frontenac, Twin Island Lane, Buck Lake

130 158

Page 1 of 275

Purpose of Application: To permit the construction of a one-storey seasonal dwelling with a walkout basement located at a reduced rear yard setback from 10 metres (32.8 feet) to 6.5 metres (21.3 feet) and to increase the permitted lot coverage from 5% to 9.5%. The applicant is seeking relief from section 10.3.1 of the Township of South Frontenac Zoning By-Law 2003-75 for a property located in the Limited Services Residential - Waterfront Zone. c)

MV-08-20-B (Bumstead) Location of Property: Part Lot 1, Concession 12, Parts 10 to 12 on Plan 13R3809, District of Bedford, Township of South Frontenac, municipally known as 10 Barrett Lane, Buck Lake Purpose of Application: To permit the construction of a dwelling with a reduced setback from the highwater mark from 30 metres (98.4 feet) to 15 metres (49.2 feet). The applicant is seeking relief from Sections 5.8.2 (a) and 8.3.3 of the Township of South Frontenac Zoning By-law 2003-75 for a property located in the Waterfront Residential (RW-16) Zone.

159 211

MV-14-20-S (Maycock) Location: Part Lot 1, Concession 10, Part Block A and Lot 38 on Plan 544, being Parts 42 & 44 on Plan 13R16884, District of Storrington, Township of South Frontenac, municipally known as 1103 Heron Lane, Loughborough Lake. Purpose of Application: To permit the construction of a porch and carportattached to the existing primary dwelling with a reduced highwater mark setback from 30 metres (98.4 feet) to 20.4 metres (67 feet)as well as areduced private lane / right-of-way setback from 5 metres (16.4 feet) to 4.3 metres (14 feet) and to permit an increase in allowable lot coverage from 5% to 7.4%. The applicant is seeking relief from Section 5.8.2 a) and 5.6.1 of the Township of South Frontenac Comprehensive Zoning By-Law 2003-75 for a property located in the Limited Services Residential - Waterfront (RLSW) Zone.

212 229

MV-18-20-P (McNeely) Location of Property: Part of Lot 8, Concession 11, District of Portland, Township of South Frontenac, municipally known as 1124 Storms Lane, Verona Rock Lake Purpose of Application: To permit the construction of an accessory building, being a detached garage with a reduced highwater mark setback from 30 metres (98.4 feet) to 16 metres (52.5 feet). The applicant is seeking relief from Sections 5.8.2 a) and 10.3.2 for a property located in the Limited Services Residential – Waterfront (RLSW) Zone.

230 242

MV-20-20-S (Peacock) Location of Property: Part of Lot 14, Concession 8, District of Storrington, Township of South Frontenac, municipally known as 4080 Hideaway Lane, Dog Lake Purpose of Application: To permit construction of a single detached dwelling with a reduced highwater mark setback from 30 metres (98.4 feet) to 12.8 metres (42 feet) and to permit construction of a storage shed with a reduced highwater mark setback of 22.2 metres (73 feet). The applicant is seeking relief from sections 5.8.2 a), 10.3.1 and 10.3.2 of the Township of South Frontenac Comprehensive Zoning By-law 2003-75 for the property located in

243 262

Page 2 of 275

the Limited Services Residential – Waterfront (RLSW) Zone. g)

MV-23-20-L (Soaft) Location of Property: Part Lot 1, Concession 7, being Part 2 on Plan 13R7923, District of Loughborough, Township of South Frontenac municipally known as 3130 Freeman Road. Purpose of Application: To permit the construction of an accessory building, being a detached garage in the projected front yard of a Rural property and to reduce the interior side yard setback from 3 metres (9.8 feet) to 1.5 metres (5 feet). The applicant is seeking relief from Sections 5.24.2 and 7.3.2 of the Township of South Frontenac Comprehensive Zoning By-law 2003-75 for the property located in the Rural (RU) Zone.

Other Business

Delegated Authority Consents Granted - Report

Adjournment

Resolution

263 274

275

Page 3 of 275

Township of South Frontenac Committee of Adjustment Meeting Thursday, August 13, 2020 7:00 p.m. Council Chambers Virtual Meeting 4432 George Street, Sydenham, ON Page 4 of 275

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

• Norm Roberts • Mike Nolan • Ray Leonard

• Mike Howe • Tom Bruce Page 5 of 275

• Ken Gee

• Randy Ruttan

Township Staff • Angela Maddocks (Clerk & Meeting Host) • Christine Woods (Senior Planner) • Anna Geladi (Planner) • Michelle Hannah (Planning Assistant & Secretary Treasurer) • Claire Dodds (Director)

Format for the Meeting

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

Page 6 of 275

Appeal Rights • If a person or public body does not make oral submissions at the meeting or make written submissions to the Township of South Frontenac before a decision is made, the person or public body is not entitled to appeal the decision. • The applicant, the Minister, or any other person or public body who has an interest in the matter may within 20 days of making the decision or date of notice appeal to the Local Planning Appeal Tribunal against the decision of the committee by filing with the Secretary-Treasurer of the Committee a notice of appeal. • Township staff will be in contact with the applicant following the meeting. Where a decision has been made, the decision will be forwarded to the applicant and anyone who has requested to be notified within 15 days of this meeting. • If you have any questions after the meeting, please reach out to staff. Page 7 of 275

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

Page 8 of 275

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

Page 9 of 275

Agenda • Call to Order

• Adoption of Agenda • Declaration of Pecuniary Interests • Approval of Minutes of Previous Meeting • Minor Variance Applications • Other Business • Adjournment

Page 10 of 275

Minor Variance Applications Page 11 of 275

MV-45-19-P George Page 12 of 275

Application: MV-45-19-P Owner: Tyler George Location of Property: Part Lot 9, Concession 11, District of Portland, Township of South Frontenac, municipally known as 4235 Maple Drive, Verona Rock Lake.

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-45-19-P, subject to conditions.

Page 13 of 275

Application: MV-45-19-P Owner: Tyler George

Page 14 of 275

Application: MV-45-19-P Owner: Tyler George

Proposal

The Applicant is requesting permission to construct a detached garage within the projected front yard of the subject property located at 18.5 metres from the highwater mark of Verona Rock Lake and increase the permitted maximum height of an accessory building from 6 metres to 7.4 metres. Page 15 of 275

Application: MV-45-19-P Owner: Tyler George Official Plan Designation: Settlement Area - Verona Zoning Relief Requested: Section 5.8.2: Flooding and Shoreline Erosion Hazards

Section 5.24.2: Accessory Buildings

Section 14.3.2: UR1

Relief Sought Zoning: UR1

Page 16 of 275

Relief: To permit the construction of an accessory building (detached garage) with a height of 7.4 metres (24.2 feet), whereas the Zoning By-law requires a maximum height of 6 metres (19.7 feet) for accessory buildings.

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

Application: MV-45-19-P Owner: Tyler George

Page 17 of 275

George Property with location of proposed garage 14

Application: MV-45-19-P Owner: Tyler George

Comments • Public Services Department – Due to the location of the proposed development, Public Services was not circulated. • KFL&A Public Health – Staff have no objections to the minor variance to permit the construction of the proposed detached garage. Covering comments from Gord Mitchell do note however that the existing septic system is likely over 50 years old and is constructed 6-9m from the water’s edge. It is located on filled land and there is no record of a permit with Public Health. The letter from Mr. Mitchell indicates that it is the right of the Committee of Adjustment to require this existing sewage system be replaced as part of the approval of the minor variance for the garage. • Staff have not included a condition to replace the septic system in the list of recommended conditions attached to this report. If the Committee feels it is advisable to have the applicant replace the septic system as a condition of the minor variance, the garage would not be permitted to be constructed until such time as a septic permit is obtained from KFL&A Public Health.

• Quinte Conservation Authority – Staff have no objections to the proposed location of the garage. Page 18 of 275

• Public Comments – At the time of the writing of the report, no written comments had been received from the public. 15

Application: MV-45-19-P Owner: Tyler George

Page 19 of 275

Application: MV-45-19-P Owner: Tyler George

Proposed Conditions of Approval • The Minor Variance is approved in accordance with plans submitted;

• A building permit is required for all demolition and construction on the property; and • MV-45-19-P is only applicable to South Frontenac Township Comprehensive Zoning By-Law 2003-75 and not to any subsequent zoning by-laws.

Page 20 of 275

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

Page 21 of 275

Comments from the Applicant and/or the Agent If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen • If you are calling in by phone, please dial *9 (star nine) Please wait to speak until you hear your name and your microphone has been unmuted. Page 22 of 275

Comments & Questions from the Public If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen • If you are calling in by phone, please dial *9 (star nine) Please wait to speak until you hear your name and your microphone has been unmuted. Page 23 of 275

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

Page 24 of 275

MV-02-20-L Vanderhaar

Page 25 of 275

Application: MV-02-20-L Owners: Brad & Amanda Vanderhaar Location of Property: Part Lot 23, Concession 13, District of Loughborough, Township of South Frontenac, Twin Island Lane, Buck Lake

Recommendation It is recommended that the Committee of Adjustment deny minor variance application MV-02-20-L, since it does not meet all four tests of a minor variance.

Page 26 of 275

Application: MV-02-20-L Owners: Brad & Amanda Vanderhaar

Page 27 of 275

Application: MV-02-20-L Owners: Brad & Amanda Vanderhaar

Proposal

Lane Lake

Page 28 of 275

• The applicants are requesting permission to construct a one-storey seasonal dwelling with a walkout basement and an attached deck and screened porch. • The dwelling would have a reduced rear yard and increased lot coverage. • The dwelling would be located a minimum of 30 metres from the high water mark of Buck Lake. • A new tertiary septic system is proposed to be installed in a location that would comply with zoning requirements, including the minimum 30 metre setback from the high water mark. 25

Application: MV-02-20-L Owners: Brad & Amanda Vanderhaar

Relief Sought Official Plan Designation:

Zoning:

Rural

Limited Services Residential - Waterfront (RLSW)

Zoning Relief Requested: Section 10.3.1 : RLSW Zone – Rear Yard and Lot Coverage

Relief: To permit the construction of a seasonal dwelling with: a) a minimum rear yard of 6.5 metres (21.3 feet), whereas the RLSW zone requires a minimum 10 metre rear yard

Page 29 of 275

b) a maximum lot coverage of 9.5%, whereas the RLSW zone allows 5% 26

Application: MV-02-20-L Owners: Brad & Amanda Vanderhaar

Page 30 of 275

Proposed location of dwelling relative to Twin Island Lane 27

Application: MV-02-20-L Owners: Brad & Amanda Vanderhaar

Page 31 of 275

View of property from top of bank 28

Application: MV-02-20-L Owners: Brad & Amanda Vanderhaar

Comments • Cataraqui Conservation – While the revised proposal is certainly preferable to the previous submission, staff continue to be concerned with the size of the building footprint … double the maximum allowable lot coverage. In the opinion of staff, the scale of development that is being proposed is simply too large for the lot. Staff recommend deferral to allow the applicant to consider a reduction to the size of the building.

Page 32 of 275

• MECP – The ministry fully supports the proponent’s work in moving the footprint of development (septic and dwelling) largely out of the 30 m setback from the high water mark. However, considering the “at capacity” status of the lake and the nature of its sensitivity to ongoing nutrient loading and encroachment pressures the ministry feels that lot coverage limits are an important planning tool that municipalities have to control the size and density of development that would be in keeping with the size of the lot in question. MECP fully supports the planning opinion and position of the Cataraqui Conservation Authority regarding encroachment concerns to the lake, particularly those of lot coverage. 29

Application: MV-02-20-L Owners: Brad & Amanda Vanderhaar

Comments • Public Services Department – The property is located on a lane and therefore, Public Services was not circulated.

• KFL&A Public Health – Following revisions to the site plan, KFL&A Public Health supports the proposed minor variance application. The sewage system is now proposed to be 30 metres from the high water mark of Buck Lake, and more than 15 metres from the top of bank. Further details regarding the sewage system will be addressed at the permit stage.

Page 33 of 275

• Public Comments – To date, 4 comments have been received from the public. Two of the comments are supportive of the proposal. One of the comments raise concerns for the impact of additional development on the lake and on Frontenac Provincial Park, as well as on potential precedence of reduced setbacks from the lane. 30

Planning Analysis Summary

Does the variance maintain the general intent and purpose of the Official Plan? YES • The proposed dwelling and septic system would be setback a minimum 30 metres from the high water mark.
Does the variance maintain the general intent and purpose of the Zoning By-law? NO • 30 metre setback from high water mark achieved through reduced rear yard • Almost double lot coverage for principal building • Does not preclude further variances that would further increase lot coverage
Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? NO • It would not preclude further development and increases to lot coverage
Is the variance minor? NO Page 34 of 275

Application: MV-02-20-L Owners: Brad & Amanda Vanderhaar Location of Property: Part Lot 23, Concession 13, District of Loughborough, Township of South Frontenac, Twin Island Lane, Buck Lake

Recommendation It is recommended that the Committee of Adjustment deny minor variance application MV-02-20-L, since it does not meet all four tests of a minor variance.

Page 35 of 275

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

Page 36 of 275

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

Page 39 of 275

MV-08-20-B Bumstead

Page 40 of 275

Application: MV-08-20-B Owners: Jeff & Mary Bumstead Location of Property: Part Lot 1, Concession 12, Parts 10 to 12 on Plan 13R3809, District of Bedford, Township of South Frontenac, municipally known as 10 Barrett Lane, Buck Lake

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-08-20-B, subject to conditions.

Page 41 of 275

Application: MV-08-20-B Owners: Jeff & Mary Bumstead

Page 42 of 275

Application: MV-08-20-B Owners: Jeff & Mary Bumstead

Proposal

Page 43 of 275

• The applicants are requesting permission to construct a one-and-a-half storey single detached dwelling with a walkout basement and an attached deck. • The dwelling and deck would have a reduced setback from the high water mark of Buck Lake. • The existing cottage (0.9 metres to HWM) and shed (15 metres to HWM) would be demolished. • A new tertiary septic system is proposed to be installed in a location that would comply with zoning requirements, including the minimum 30 metre setback from the high water mark.

Lane

Lake

Application: MV-08-20-B Owners: Jeff & Mary Bumstead

Relief Sought Official Plan Designation:

Zoning:

Rural

Waterfront Residential (RW-16)

Zoning Relief Requested: Section 5.8.2 a): Flooding and Shoreline Erosion Hazards Section 8.3.3: Waterbody Setback

Relief: To permit the construction of a new singledetached dwelling with a minimum high water mark setback of 15 metres (49 feet), whereas the By-law requires a 30 metre (98.4 feet) setback from the high water mark for all buildings and structures.

Page 44 of 275

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

Application: MV-08-20-B Owners: Jeff & Mary Bumstead

Page 45 of 275

View of existing cottage and proposed location of dwelling.

Application: MV-08-20-B Owners: Jeff & Mary Bumstead

Comments • Public Services Department – The property accessed from a lane and therefore, Public Services was not circulated. • KFL&A Public Health – KFL&A Public Health has no objection to the proposed minor variance as the owners have submitted an application for septic approval. A permit was issued for the septic system. • Cataraqui Conservation – Cataraqui Conservation staff have no objection to the approval of the application based on their consideration for natural hazard, natural heritage, and water quality policies. Page 46 of 275

• Public Comments – At the time of the writing of the report, no written comments had been received from the public. 43

Page 47 of 275

Application: MV-08-20-B Owners: Jeff & Mary Bumstead

Proposed Conditions of Approval • The Minor Variance is approved in accordance with plans submitted;

• A site plan agreement will be required to be registered on title; • A building permit is required for all demolition and construction on the property; and • MV-08-20-B is only applicable to South Frontenac Township Comprehensive

Zoning By-Law 2003-75 and not to any subsequent zoning by-laws.

Page 48 of 275

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

Page 49 of 275

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

Page 52 of 275

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

Page 53 of 275

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

Page 56 of 275

MV-14-20-S Maycock

Page 57 of 275

Application: MV-14-20-S Owners: Andrew and Clare Maycock Location of Property: Part Lot 1, Concession 10, Part Block A and Lot 38 on Plan 544, being Parts 42 & 44 on Plan 13R16884, District of Storrington, Township of South Frontenac, municipally known as 1103 Heron Lane, Loughborough Lake.

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-14-20-S, subject to conditions

Page 58 of 275

Application: MV-14-20-S Owners: Andrew and Clare Maycock

Proposal

An application for minor variance has been received, to permit the construction a 35.2 metre2 (378 feet2) carport attached to the existing garage and to construct a 17.48 metre2 (187.5 feet2) front porch both located on the lane side, on top of the existing asphalt apron and within the required highwater mark setback. Page 59 of 275

Application: MV-14-20-S Owners: Andrew and Clare Maycock

Relief Sought

Official Plan Designation:

Zoning:

Rural Zoning Relief Requested:

Limited Service Residential –Waterfront (RLSW)

Section 5.8.2 a): Flooding and Shoreline Erosion Hazards

Section 10.3.1: Waterbody Setback

Page 60 of 275

Relief: To permit the construction of the above noted porch and Section 5.6.1: Setback from Private Lanes carport with a minimum setback from the private lane / right-of-way and Public Roads of 4.3 metres (14 feet), whereas the By-Law requires a 5 metre (16.4 foot) setback for all buildings and structures.

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

Application: MV-14-20-S Owners: Andrew and Clare Maycock

Page 61 of 275

Maycock Property with Carport and Proposed Porch

Application: MV-14-20-S Owners: Andrew and Clare Maycock

Comments Public Services Department – Given the nature of the application, Public Services was not circulated. KFL&A Public Health – KFL&A Public Health was not circulated as there was no development proposed with regards to the septic system. Cataraqui Conservation – Cataraqui Conservation Staff have indicated that they have no objection to the application as presented based on their consideration for natural hazards, natural heritage, and water quality protection policies. Public Comments – At the time of the writing of the report, no written comments had been received from the public.

Page 62 of 275

Application: MV-14-20-S Owners: Andrew and Clare Maycock

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-14-20-S, subject to conditions

Page 63 of 275

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

Page 64 of 275

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

Page 67 of 275

MV-18-20-P McNeely

Page 68 of 275

Application: MV-18-20-P Owners: Jim & Jen McNeely Location of Property: Part Lot 8, Concession 11, District of Portland, Township of South Frontenac, municipally known as 1124 Storms Lane, Verona Rock Lake

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-18-20-P, subject to conditions.

Page 69 of 275

Application: MV-18-20-P Owners: Jim & Jen McNeely

Page 70 of 275

Application: MV-18-20-P Owners: Jim & Jen McNeely

Proposal • The applicants are requesting permission to construct a 67 square metre (720 square foot) accessory building (one-storey detached garage). • The garage would be set back a minimum of 16 metres (52.5 feet) from the high water mark of Verona Rock Lake.

Lake

Lane

Page 71 of 275

Application: MV-18-20-P Owners: Jim & Jen McNeely

Relief Sought Official Plan Designation:

Zoning:

Rural

Limited Service Residential - Waterfront

Zoning Relief Requested: Section 5.8.2 a): Flooding and Shoreline Erosion Hazards Section 10.3.2: Waterbody Setback

Relief: To permit the construction of a new detached garage with a minimum high water mark setback of 16 metres (52.5 feet), whereas the Bylaw requires a 30 metre (98.4 feet) setback from the high water mark for all buildings and structures.

Page 72 of 275

The application, as presented, meets the four tests for a minor variance under the Planning Act. 69

Application: MV-18-20-P Owners: Jim & Jen McNeely

Page 73 of 275

View of existing dwelling and proposed location of garage.

Application: MV-18-20-P Owners: Jim & Jen McNeely

Page 74 of 275

View of existing dwelling and proposed location of garage from the shoreline. 71

Application: MV-18-20-P Owners: Jim & Jen McNeely

Comments • Public Services Department – The property accessed from a lane and therefore, Public Services was not circulated. • KFL&A Public Health – KFL&A Public Health was not circulated as the garage would not contain plumbing fixtures and would not be in proximity to the existing septic system. • Quinte Conservation – Quinte Conservation staff completed a floodplain survey on the property, and are satisfied that there is room for the proposed garage outside of the flood hazard. They have no objection to the application as presented.

Page 75 of 275

• Public Comments – At the time of the writing of the report, one written comment was received from adjacent landowners. The landowners supported the proposed garage. 72

Page 76 of 275

Application: MV-18-20-P Owners: Jim & Jen McNeely

Proposed Conditions of Approval • The Minor Variance is approved in accordance with plans submitted;

• A building permit is required for all demolition and construction on the property; and • MV-18-20-P is only applicable to South Frontenac Township Comprehensive Zoning By-Law 2003-75 and not to any subsequent zoning by-laws.

Page 77 of 275

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

Page 78 of 275

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

Page 81 of 275

MV-20-20-S Peacock Page 82 of 275

Application: MV-20-20-S Owner: Kevin Peacock Location of Property: Part Lot 14, Concession 8, District of Storrington, Township of South Frontenac, municipally known as 4080 Hideaway Lane, Dog Lake

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

Page 83 of 275

Application: MV-20-20-S Owner: Kevin Peacock

Page 84 of 275

Application: MV-20-20-S Owner: Kevin Peacock

Proposal

Page 85 of 275

• The applicant is requesting permission to construct a one-storey single detached dwelling with an attached L-shaped deck, and a storage shed. • The dwelling would have a reduced setback from the high water mark of Dog Lake and a reduced front yard. • The storage shed would have a reduced setback from the high water mark. • A new septic system is proposed to be installed in a location that would be set back a minimum 30 metres from the high water mark, and a minimum 15 metres from a wetland.

Lane

Wetland

Lake

Application: MV-20-20-S Owner: Kevin Peacock

Relief Sought Official Plan Designation: Rural

Zoning: Limited Service Residential - Waterfront

Zoning Relief Requested: Section 5.8.2 a): Flooding and Shoreline Erosion Hazards Sections 10.3.1 and 10.3.2: Waterbody Setback Section 10.3.1: Front Yard

Relief: To permit the construction of a single-detached dwelling with a minimum high water mark setback of 12.8 metres (42 feet), and a storage shed with a setback of 22.2 metres (73 feet), whereas the By-law requires a 30 metre (98.4 feet) setback from the high water mark for all buildings and structures. Relief: To permit the construction of a single-detached dwelling with a 12.8 metres (42 feet) front yard, whereas the By-law requires a minimum 30 metre (98.4 feet) front yard.

Page 86 of 275

The application, as presented, meets the four tests for a minor variance under the Planning Act. 83

Application: MV-20-20-S Owner: Kevin Peacock

Page 87 of 275

View of existing cottage and location of proposed dwelling.

Application: MV-20-20-S Owner: Kevin Peacock

Page 88 of 275

Proposed location of storage shed.

Application: MV-20-20-S Owner: Kevin Peacock

wetland Septic system

Page 89 of 275

Proposed location of septic system. 86

Application: MV-20-20-S Owner: Kevin Peacock

Comments • Public Services Department – The property accessed from a lane and therefore, Public Services was not circulated. • KFL&A Public Health – KFL&A Public Health has no objections to the proposed minor variance. • Rideau Waterway Development Review Team – The RWDRT, represented by Parks Canada and Cataraqui Conservation, coordinate review of applications that are adjacent to the Rideau Canal within the Cataraqui Watershed. The RWDRT offered no objection to the approval of the application based on its consideration for natural hazard, natural and cultural heritage, and water quality and quantity protection policies. • Public Comments – At the time of the writing of the report, no written comments had been received from the public. Page 90 of 275

Application: MV-20-20-S Owner: Kevin Peacock Location of Property: Part Lot 14, Concession 8, District of Storrington, Township of South Frontenac, municipally known as 4080 Hideaway Lane, Dog Lake

Page 91 of 275

Application: MV-20-20-S Owner: Kevin Peacock

Proposed Conditions of Approval • The Minor Variance is approved in accordance with plans submitted;

• A development agreement will be required to be registered on title; • A building permit is required for all demolition and construction on the property; and • MV-20-20-S is only applicable to South Frontenac Township Comprehensive

Zoning By-Law 2003-75 and not to any subsequent zoning by-laws.

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

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

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MV-23-20-L Soaft Page 97 of 275

Application: MV-23-20-L Owner: Andrew Soaft Location of Property: Part Lot 1, Concession 7, being Part 2 on Plan 13R7923, District of Loughborough, Township of South Frontenac municipally known as 3130 Freeman Road.

Recommendation: It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-23-20-L, subject to conditions.

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Application: MV-23-20-L Owner: Andrew Soaft

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Application: MV-23-20-L Owner: Andrew Soaft

Proposal:

An application for minor variance has been received to permit the construction of an accessory building (detached garage) within the projected front yard of the proposed single detached dwelling on the subject property and situated at 1.5 metres (5 feet) from the side lot line which is less than the minimum 3 metre (9.8 feet) setback from the side lot line required in the Rural zone Page 100 of 275

Application: MV-23-20-L Owner: Andrew Soaft

Relief Sought Official Plan Designation: Rural

Zoning: RU - Rural

Zoning Relief Requested: Section 5.24.2: Accessory Buildings

Section 7.3.2: Rural Zone

Relief: To permit the construction of an accessory building (detached garage) in the projected front yard, whereas the Zoning Bylaw requires an accessory building to be erected to the rear of the projected front or exterior side wall of the main building. Relief: To permit the construction of an accessory building (detached garage) with a setback of 1.5 metres (5 feet) from the interior lot line, whereas the Zoning By-law requires a minimum of 3 metres (9.8 feet) from the interior side yard.

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

Application: MV-23-20-L Owner: Andrew Soaft

Page 102 of 275

Application: MV-23-20-L Owner: Andrew Soaft

Comments • Public Services Department – The property is located on a lane and therefore, Public Services was not circulated.

• KFL&A Public Health – No development is proposed in relation to a septic system, therefore KFL&A Public Health was not circulated. • Cataraqui Conservation – Given the location and scope of the proposed

development, CRCA confirmed that circulation was not required. • Public Comments – At the time of the writing of the report, one comments has been received from the public of the neighbour writing in support.

Page 103 of 275

100

Application: MV-23-20-L Owner: Andrew Soaft

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-23-20-L, subject to conditions.

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101

Application: MV-23-20-L Owner: Andrew Soaft

Proposed Conditions of Approval • A building permit is required for all demolition and construction on the property; and • MV-23-20-L is only applicable to South Frontenac Township Comprehensive Zoning ByLaw 2003-75 and not to any subsequent zoning by-laws.

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102

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

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103

104

105

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

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106

Other Business • Consent S-03-20-L by Dianne and Rodney Maxam was approved on July 2, 2020.

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107

Township of South Frontenac Committee of Adjustment Meeting Conclusion/Adjournment

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108

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

August 10, 2020

Application No: Owner: Location of Property:

MV-45-19-P Tyler George Part Lot 9, Concession 11, District of Portland, Township of South Frontenac, municipally known as 4235 Maple Drive, Verona Rock Lake Purpose of Application: To vary Sections 5.8.2, 5.24.2 & 14.3.2 of the Township of South Frontenac Zoning Bylaw Date of Hearing: August 13, 2020 Recommendation: That provisional approval be: 

granted with conditions (attached) deferred denied

Purpose:

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

Official Plan Designation:

Zoning: UR1

Settlement Area - Verona Zoning Relief Requested: Section 5.8.2: Flooding and Shoreline Erosion Hazards

Section 5.24.2: Accessory Buildings

Section 14.3.2: UR1

Relief: To permit the construction of an accessory building (detached garage) with a setback from the highwater mark of 18.5 metres, whereas the Zoning By-law requires a setback of 30 metres for all proposed structures. Relief: To permit the construction of an accessory building (detached garage) in the projected front yard, whereas the Zoning By-law requires an accessory building to be erected to the rear of the projected front or exterior side wall of the main building. Relief: To permit the construction of an accessory building (detached garage) with a height of 7.4 metres (24.2 feet), whereas the Zoning By-law requires a maximum height of 6 metres (19.7 feet) for accessory buildings.

Review: This application:  Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act);  Conforms to the general intent and purpose of the County of Frontenac Official Plan;  Conforms to the general intent and purpose of the Township of South Frontenac Official Plan;  Complies with the general intent and purpose of the Township of South Frontenac Zoning By-law 2003-75 (or will comply subject to approval for the minor variance); Page 112 of 275

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT  Is desirable for the appropriate development of the lands in question; and  Is minor.

Proposal An application for minor variance has been received to permit the construction of an accessory building (detached garage) within the projected front yard of the subject property located at 18.5 metres from the highwater mark of Verona Rock Lake. The applicant is also seeking permission to increase the permitted maximum height of an accessory building from 6 metres (19.7 feet) to 7.4 metres (24.2 feet) in the Urban Residential Zone 1. The subject property is located at the end of Maple Drive off Road 38 and is municipally known as 4235 Maple Drive. The subject parcel is 0.15 hectares (0.37 acres) and has waterfront on Verona Lake. The subject parcel has a 167 metre2 (1800 feet2) single detached dwelling on the property with associated deck. The proposed detached garage is 6.1 metres x 9.1 metres (20 feet x 30 feet) and approximately 56 metre2 (600 feet2) in size. The proposed garage is a single storey with a height of 7.4 metres (24.2 feet) and 9.1 metres (30 feet) from the east property line. The proposed garage is setback 18.5 metres (61 feet) from the high water mark of Verona Rock Lake. The applicant has indicated that due to the location of the garage will be off the existing driveway and the purpose of the detached garage is for storage purposes.

Agency Analysis and Comments Public Services Department – Due to the location of the proposed development, Public Services was not circulated. KFL&A Public Health – Staff have no objections to the minor variance to permit the construction of the proposed detached garage. Covering comments from Gord Mitchell do note however that the existing septic system is likely over 50 years old and is constructed 6-9m from the water’s edge. It is located on filled land and there is no record of a permit with Public Health. The letter from Mr. Mitchell indicates that it is the right of the Committee of Adjustment to require this existing sewage system be replaced as part of the approval of the minor variance for the garage. Response to Comments from KFL&A Public Health – Section 6.10.4 of the Official Plan speaks to the intent of the Official Plan is that all existing substandard private sanitary sewage disposal systems should be raised to at least the minimum standards established by the authority responsible for their approval. The Official Plan then goes on to identify the Township should develop a program to identify and require the upgrading of substandard private sewage disposal systems. While this program is not in effect in the Township at the current time – the policy speaks to the notion that septic systems that are substandard would be considered to be upgraded comprehensively rather than through site specific development applications. Section 6.10.4 also states that in the event of failure of an existing septic system, the Township in accordance with the Ontario Building Code shall require the owner to construct a new system in accordance with current regulations. While Planning staff do not see clear support through the policies of the Official Plan to require the applicant to replace the existing substandard system as a condition of the minor variance, Section 45(9) of the Planning Act does grant the Committee the authority to issue a decision that includes conditions the Committee considers advisable. Staff have not included a condition to replace the septic system in the list of recommended conditions attached to this report. If the Committee feels it is advisable to have the applicant replace the septic system as a condition of the minor variance, the garage would not be permitted to be constructed until such time as a septic permit is obtained from KFL&A Public Health. Quinte Conservation Authority – Staff have no objections to the proposed location of the garage. Public Comments – At the time of writing this report, no comments have been received from the public. Page 113 of 275

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Does the variance maintain the general intent and purpose of the Official Plan? The subject property is designated Settlement Area – Verona is the Official Plan. As per Section 5.6, Lands designated as Settlement Areas are characterized as areas of concentrated population. A full range of land uses are permitted within the Settlement Areas. 

The variance conforms to the general intent and purpose of the Official Plan as the proposed garage is consistent with the residential use of the property, within the Settlement Area designation.

Does the variance maintain the general intent and purpose of the Zoning By-law? Section 14.3.2 of the Zoning By-law details the permitted uses and zone regulations for urban residential first density (UR1) zone accessory buildings not attached to the principal dwelling. A maximum building height of 6 metres (19.7 feet) is permitted for accessory buildings not attached to the principal dwelling. Section 5.24.2 of the Zoning By-law details the permitted location of an accessory building to be erected to the rear of the projected front or exterior side wall of the main building. Section 5.8.2 details the minimum required setback from the highwater mark or floodline of a waterbody shall be 30 metres. 

The variance conforms to the general intent and purpose of the Zoning By-law as the location of the garage complies with the setback requirements in the Urban Residential First Density Zone (UR1) with the exception that it is proposed in the front yard and exceeds the 6 metres in height. The proposed location of the detached garage is adjacent to the proposed driveway which is located on the eastern side of the property and generally follows the natural topography of the site downwards towards the water. The increase in height will have minimal impact on neighbours as the garage will be screened by the house from the waterside of the lot and is hidden by trees to the east. The proposed location and orientation of the detached garage is practical on the subject property, does not exceed the maximum permitted lot coverage of 5% for an accessory building, and is smaller than the principal dwelling. The detached garage is setback 18.5 metres from the lake and 16.7 metres (55 feet) from the floodline.

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

The variance is desirable for the appropriate development of the subject property, as a detached garage is accessory to the proposed single detached dwelling. It is located a suitable distance from the front property line, as far back from the high water mark as possible and located outside of the floodplain.

Is the variance minor? 

The variance is minor as the proposed construction is not anticipated to impact the character of the property and it will not cause any negative impacts as a result of its location within the projected front yard. The proposed garage does not exceed the maximum lot coverage for

Page 114 of 275

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT accessory structures and is reasonable for its location. The proposed garage will be located close to the driveway already existing on the property.

Conclusion It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-45-19-P, subject to conditions.

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

The Minor variance is for the construction of a one-storey detached garage of 56 metres2 (600 feet2) and a single storey with a height of 7.4 metres (24.2 feet), to be constructed to the south east of the dwelling, as per the drawings submitted with MV-45-19-P. The garage will be located a minimum of 18.5 metres (60.7 feet) from the highwater mark and in compliance with Zoning requirements of a minimum of 2.5 metres (8.2 feet) from the side lot line (easterly property line adjacent to Maple Drive).
A building permit is required for ALL construction on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac.
Minor variance MV-45-19-P is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.

Submitted by: Anna Geladi, Planner, Township of Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Date of Site Visit: July 31, 2020 Attachments: Map of the George property

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

Township of South Frontenac

Owner

Tyler George

Location:

4235 Maple Drive

Roll #:

10290800902030000000

Application Description:

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

Feature:

Verona Lake

Lot 9, Concession 11

Portland

Relief from an existing by-law reduce the high water mark setback from 30meters to 18.5meters to permit the construction of an accessory building

Planning Act - Natural Hazard policies of the Provincial Policy Statement and Quinte Conservation Planning Act Review policy Conservation Authorities have Provincially delegated responsibilities to represent Provincial interests regarding natural hazards under section 3.1 of the Provincial Policy Statement (PPS) (2020). Natural hazards include areas subject to flooding, prone to erosion, dynamic beaches and unstable bedrock. Generally the policies of the PPS direct development to areas outside of hazards lands. Staff are satisfied that the application as presented is consistent with section 3.1 of the PPS as there is sufficient area for development outside the flood hazard.

Comments:

Ontario Regulation #319/09 (Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses The subject lands lie within the regulated area of Verona Lake (by virtue of Ontario Regulation #319/09 – Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses). Please note that the owners will need to apply to the Conservation Authority for a permit prior to development (construction / filling/ excavation/ site grading) within 45 metres of the 1:100 year floodplain of Verona Lake. There will be a fee associated with the permit application. The permit fee is separate from the fee required for this planning application. Quinte Region Source Protection Plan Quinte Conservation provides Risk Management services as prescribed by the Clean Water Act, 2006 on behalf of member municipalities. Part of this is reviewing building and planning applications to ensure no new significant drinking water threats as outlined in the Quinte Region Source Protection Plan are created. Policies for significant threats in the Quinte Region Source Protection Plan are not applicable as the subject property lies outside of an intake protection zone or wellhead protection area for a municipal drinking water system. As such no Section 59 Clearance Notice is required. Planning Act - Natural Heritage policies of the Provincial Policy Statement Section 2.1 of the Natural Heritage policies of the Provincial Policy Statement protects features including (but not limited to); Provincially Significant Wetlands, significant woodlands and significant Areas of Natural and Scientific Interest. The subject lands do not lie within a Provincially Significant Wetland, or within an Area of Natural and Scientific Interest.

Final Comments:

Quinte Conservation has no objection to the application as presented. Staff completed a site visit May 11, 2020 and determined that there is room for the proposed garage outside of the 1:100 year floodplain of Verona Lake and the required setback.

August 11, 2020 Date

Elizabeth Lowe Planning and Regulations Technician

Sharlene Richardson Regulations Officer Page 1 of 1

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Report Date:

August 10, 2020

Application No: Owners: Location of Property:

MV-02-20-L Brad & Amanda Vanderhaar Part Lot 23, Concession 13, District of Loughborough, Township of South Frontenac, Twin Island Lane, Buck Lake Purpose of Application: To vary Section 10.3.1 of the Township of South Frontenac Zoning By-law Date of Hearing: July 9, 2020 Recommendation: That approval be: granted with conditions (attached) deferred

Purpose:



denied



zoning relief for construction of a new building zoning relief for replacement of an existing building zoning relief for other

Official Plan Designation:

Zoning:

Rural

Limited Service Residential - Waterfront

Zoning Relief Requested: Section 10.3.1: Rear Yard

Relief: To permit the construction of a dwelling with a minimum rear yard depth of 6.5 metres (21.3 feet), whereas the Zoning By-law requires a minimum 10 metre (32.8 foot) rear yard for the principal building.

Section 10.3.1: Lot Coverage

Relief: To permit the construction of a dwelling resulting in 9.5% lot coverage, whereas the Zoning By-law permits a maximum 5% lot coverage for the principal building.

Review: It is the opinion of Planning staff that this application fails to meet the four tests of a minor variance. Specifically, the proposed variance for increased lot coverage for the dwelling does not maintain the general intent and purpose of Zoning By-law 2003-75, is not desirable for the appropriate development of the subject lands, and therefore is not minor. The subject lands would be more appropriately developed through a site-specific RLSW zone that would permit a maximum 9.5% lot coverage for the principal building and prohibit accessory buildings.

Proposal The applicants are requesting permission to construct a one-storey seasonal dwelling with a walkout basement and an attached deck and screened porch on a waterfront lot on Buck Lake. The proposed dwelling, deck and screened porch would have a combined ground floor area of 151.54 square metres (1631.2 square feet). The 0.16 hectare (0.4 acre) property is currently vacant. The proposal has been revised twice since the application was originally submitted in February 2020. In all three proposals, the dwelling required a reduced rear yard. Lot coverage has always been proposed to be 9.5%. 1 Page 130 of 275

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT The location and orientation of the septic system has changed in each of the three proposals. In the first two proposals, the septic system required various reductions. The first, from the high water mark and interior side yard. The second, from the setback from the high water mark and top of bank. The applicants revised the layout of the development based on feedback from Township staff, as well as staff of KFL&A Public Health, Cataraqui Conservation and the Ministry of the Environment, Conservation and Parks. A revised application for minor variance for the third proposal was received on June 2, 2020. The proposed dwelling would be located a minimum of 30 metres from the high water mark of Buck Lake. The dwelling would have a rear yard setback of 6.5 metres (21.3 feet) instead of 10 metres (32.8 feet), and would require an increase in the allowable lot coverage for the principal building from 5% to 9.5%. A new tertiary, Class 4 septic system is proposed to be installed in a location that would comply with zoning requirements, including the minimum 30 metre setback from the highwater mark.

Agency and Public Comments Public Services Department – Public Services was not circulated the application because the property is on a private lane. Building Department – The Building Department has no objections to the application as presented and will review the detailed building plans through the Building Permit process, should the application be approved. KFL&A Public Health – Following revisions to the site plan, KFL&A Public Health supports the proposed minor variance application. Further details regarding the sewage system will be addressed at the permit stage. Cataraqui Conservation – Cataraqui Conservation staff indicated that while the revised proposal is preferable to the previous submissions, they continue to be concerned with the size of the building footprint and doubling maximum allowable lot coverage. In their opinion, the proposed scale of development is too large for the lot. Their staff recommend deferral to allow the applicant to consider a reduction to the size of the building. Ministry of the Environment, Conservation and Parks – MECP supports the proponent’s work in moving the footprint of development (septic and dwelling) largely out of the 30 m setback from the highwater mark. The Ministry feels lot coverage limits are an important planning tool that municipalities have to control the size and density of development that would be in keeping with the size of the lot in question. MECP supports the planning opinion and position of Cataraqui Conservation regarding encroachment concerns to the lake, particularly those of lot coverage. Public Comments – To date, four written comments were received from the public. One of the comments requested additional information. Two of the comments are supportive of the proposal. One of the comments raised concerns for the impact of additional development on the lake and on Frontenac Provincial Park, as well as on potential precedence of reduced setbacks from the lane.

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Does the variance maintain the general intent and purpose of the Official Plan? • The subject lands are designated ‘Rural’ in the Official Plan on Schedule A. The type and amount of development on ‘Rural’ lands must maintain the rural character, natural heritage, and cultural landscape in the Township. • It is the opinion of Township staff that the proposed development maintains the general intent and purpose of the Official Plan, specifically the policies on limited service residential development, and development within environmentally sensitive areas and adjacent to atcapacity lake trout lakes. • The subject lands are adjacent to Buck Lake, which is an at-capacity lake trout lake. Section 5.2.8 of the Official Plan requires new development adjacent to a sensitive lake trout lake (“atcapacity”) to be developed in accordance with the policies on Environmentally Sensitive Areas, specifically section 5.2.7(b)(i). Section 5.2.7(b)(i) requires development to be setback a minimum of 30 metres from the high water mark, and encourages maintenance of natural vegetation and the soil mantle within the 30 metre setback. Section 5.2.7(b)(ii) allows consideration of a reduction to the minimum 30 metre setback on a vacant lot of record only if it is not physically possible to meet the setback anywhere on the parcel. The proposed dwelling and septic system would be setback a minimum 30 metres from the high water mark. Does the variance maintain the general intent and purpose of the Zoning By-law? • The variance for a reduced rear yard would maintain to the general intent and purpose of the Zoning By-law as the proposed dwelling is a permitted use on the subject property, and the reduced rear yard facilitates the development to achieve a minimum 30 metre setback from the high water mark. • The variance for an increase in the allowable lot coverage for the principal building (seasonal dwelling) from 5% to 9.5% does not maintain to the general intent and purpose of the Zoning Bylaw. Lot coverage is a tool used by the Township to control the scale and density of development on a parcel and relative to the local landscape. The RLSW zone permits a maximum 5% lot coverage for the principal building, and the General Provisions permit an additional maximum 5% lot coverage for accessory buildings and structures. Permitting the requested variance to almost double the allowable lot coverage for the dwelling would not preclude the current or subsequent landowners from applying for further variances to add accessory buildings, such as a sleeping cabin, or to enlarge the dwelling, thereby further increasing lot coverage on the subject property, contrary to the intent of the Zoning By-law. • It is recommended that the proposed development be pursued through a zoning by-law amendment rather than a minor variance. A site-specific RLSW zone on the property that permits a maximum 9.5% lot coverage for the principal building and prohibits accessory buildings would remove the potential for additional development that would further increase lot coverage. This approach would address Planning staff concerns and may mitigate concerns raised by Cataraqui Conservation and the Ministry of the Environment, Conservation and Parks regarding the size of the dwelling footprint and lot coverage. This approach is also consistent with that taken by the Township on similar developments proposed on waterfront properties, and particularly on at-capacity lake trout lakes. A site-specific zone could also address the request to reduce the rear yard setback from 10 metres to 6.5 metres.

3 Page 132 of 275

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? •

The requested variance for reduced rear yard facilitates the proposed development to achieve a minimum 30 metre setback from the high water mark and the maintenance of natural vegetation and the soil mantle within the 30 metre setback. However, a reduced rear yard would also reduce the area available for vehicle parking outside the lane and limit the area available for construction of an accessory building on the non-waterside of the proposed dwelling.

•

The requested variance for increased lot coverage for the dwelling is not desirable for the appropriate development of the subject lands since it would not preclude further development, as discussed above. The lands would be more appropriately developed through a site-specific RLSW zone that establishes a maximum lot coverage for the principal building and prohibits accessory buildings.

Is the variance minor? • The requested variance for increased lot coverage for the dwelling is not minor as it does not maintain the intent and purpose of the Zoning By-law, and is not desirable for the appropriate development of the lands.

Conclusion It is recommended that the Committee of Adjustment deny minor variance application MV-02-20-L, since it does not meet all four tests of a minor variance.

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

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

June 2, 2020 Date Received: _________________________ 1.

MV-02-20-L File No: _________________________

Brad & Amanda Vanderhaar Name of Owner(s): _____________________________________________________________ Full Mailing Address of Owner(s):

Phone number of Owner(s): __

Email Address of Owner(s): _

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

Phone number of Authorized Agent: _______________________________________________ Email Address of Authorized Agent: _______________________________________________ Agent as named above is hereby authorized to act on behalf of the owners for purposes of processing this application for Minor Variance.

Signature(s) of Owner(s)

The description of the subject land: District:

Bedford

Portland

X Loughborough

Storrington

Part Lot 23 13 Concession Number: _____________________ Lot Number: _____________________ Twin Island Lane Street Number: _________________ Name of Road/Street: ___________________________ FR218427 Reference Plan Number: ______________________ Part Number(s): ____________________ 102904004010300 Roll Number: _________________________________________________________________ 3

Page 134 of 275

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

The frontage(s), depth and area of the subject land. Frontage (on water):__________________ 38.83m (127.40ft)

31.63m (103.76ft) Frontage (on road/lane): ___________________

Depth: ___________________________ 46.66m (153.09ft)

1,612.69m2 (17,358.84 sq.ft.) Area: _______________________________

The current zoning of the subject land:

RLSW Limited Services Residential Waterfront

The nature and extent of the relief from the Zoning By-law: Reduction in setback from rear lot line from 10m to 6.5m for dwelling, 6.2m for septic tank, & 5.5m for septic field.

Increase in lot coverage from 5% to 9.5%.

The reason why the proposed use cannot comply with the provisions of the Zoning By-law: To comply with the 30m set back from high water mark the proposed seasonal dwelling septic tank and septic field

will need to enchroach into the 10m rear lot line set backand. The 5% lot coverage provision on this existing undersized lot of +/-1613m2 only permits for a total of 80.7m2 (869sq.ft)

in stucutues on the lot. Dwelling unit, screen in porch, decks, sleeping bunkies, garages, sheds, etc. The proposed dwelling with deck and porch are the only proposed structures. No other structures will be added.

Does the subject property front on a municipally maintained road? OR a privately maintained road? No X Yes

Yes

X No

Name of Road/Lane: Twin Island Lane

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. Not applicable

What are the existing uses of the subject land? Vacant recreational land

Please indicate whether there are any EXISTING buildings or structures on the subject land. (I.e. residence, garage, shed, etc.) Yes

X No

Page 135 of 275

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

If the answer to item 11 is yes, for EACH building or structure indicate: (1)

(2)

(3)

(4)

Type of Structure (E.g. residence) Setback from Front Lot Line Setback from Rear Lot Line Setback from Side Lot Line Height of Building (Also indicate if it is one story or two story)

Dimensions of Floor Area Setback from High Water Mark (If applicable)

The proposed uses of the subject land: Seasonal Dwelling with class 4 septic system

Are any building(s) or structure(s), or additions to existing building(s) or structure(s), PROPOSED to be built on the subject land? XYes

Page 136 of 275

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

If the answer to item 14 is yes, for each proposed addition, building or structure indicate: (1)

(2) Tertiary

(3)

(4) Attached

Type of Structure (E.g. residence)

Seasonal Dwelling

Septic System Waterloo Biofilter

Attached Open Deck

Screened Porch

Setback from Front Lot Line

32.16m

30.18m (contact area)

30.00m

31.05m

Setback from Rear Lot Line

6.57m

5.92m (contact area)

12.84m

12.55m

South 3.28m North 25.41m (contact area)

South 16.67m North 3.72m

South 13.15m North 15.95m

N/A

1.77m

4.64m

12.32m X 3.05m

3.53m X 3.48m

Setback from Side Lot Line

South 11.38m North 3.07m

Height of Building 1 storey plus (Also indicate if it is one walk out basement story or two story) 5.84m Outside Dimensions of Building/Structure

17.30m X 7.25m

Setback from High Water Mark (If applicable)

32.16m

2.87m X 8.36m (contact area)

30.18m (contact area

30.00m

31.05m

NOTES: 1) If the subject property is on waterfront, and on a private lane, the setback from the front lot line and the setback from the high water mark will be the same. 2) The dimensions required in this question relate to the NEW CONSTRUCTION ONLY, and NOT to the total size of the completed building. 16.

Do your plans include any DEMOLITION of existing structures?

Yes

X No

If yes, please provide details:

Page 137 of 275

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

Do your plans include the RAISING of an existing structure?

Yes

X No

If yes, please provide details:

What are the uses of the proposed development? (a)

Increase in number of bedrooms

X Yes

(b)

Increase in plumbing fixtures

X Yes

(c)

Increase in living space

X Yes

(d)

Will the addition or structure encroach on the existing septic system?

Yes

X No

The date the subject land was acquired by the current owner: July 29 2019

The date the existing buildings and structures were constructed on the subject lands: Not applicable

The length of time that the existing uses of the subject land have continued: Not applicable, undeveloped lot

Indicate whether water is provided to the subject land by a publicly owned and operated piped water system, a privately owned and operated individual or communal well, a lake, or other water body, or other means: Proposed lake water intake

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: Proposed privately owned and operated individual Waterloo Biofilter septic system

Is storm drainage provided by sewers, ditches, swales or by other means? Existing natural overland drainage

Page 138 of 275

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

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

X No

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

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). Yes

X No

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

A SKETCH must be submitted showing the following: i)

THE SKETCH MUST HAVE A NORTH ARROW AT THE TOP OF THE PAGE.

ii)

The boundaries and dimensions of the subject land including the location of any existing and proposed buildings.

iii)

The location of a reference point……i.e. distance between the subject land and the nearest township lot line or landmark such as a bridge or railway crossing.

iv)

The location of all abutting (neighbours’) lands.

The approximate location of all natural and artificial features 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.

**Note: ** The distances to on-site and 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.

Page 139 of 275

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended AGREEMENT TO INDEMNIFY Attached to this application is a cheque payable to the Township of South Frontenac in the amount of $747.00 representing payment of the application fee. The Owner/Applicant/Agent agrees that the information recorded in this Minor Variance Application Form is accurate. The Owner/Applicant/Agent agrees that representatives of the Township, Public Health and, where applicable, the appropriate Conservation Authority, may enter onto the subject property for the purpose of determining the appropriateness of the site for the proposed development. The Owner/Applicant/Agent agrees to reimburse and indemnify the municipality for all fees and expenses incurred by the municipality to process the application, including any fees and expenses attributable to proceedings before the Ontario Municipal Board or any court or other administrative tribunal if necessary to defend Council’s decision to support the application. Without limiting the foregoing, such fees and expenses shall include the fees and expenses of consultants, planners, engineers, lawyers and such other professional and technical advisors as the municipality may, in its absolute discretion acting reasonably, consider necessary or advisable to more properly process and support the application. The Owner/Applicant/Agent further agrees to provide the municipality, upon request and in cases where an application has been appealed to the Ontario Municipal Board, with a deposit (over and above the normal application fee), from which the municipality may, from time to time charge any fees and expenses incurred by the municipality in order to process the application. If such appeal expenses exceed the deposit, the Owner/Applicant shall pay the difference forthwith upon being billed by the municipality, with interest at the rate of 1.25% per month (15% per annum) on accounts overdue more than 30 days, The Owner/Applicant/Agent further agrees that, until such requests have been complied with, the municipality will have no continuing obligation to process the application or attend or be represented at the Ontario Municipal Board or any court or other administrative proceeding in connection with the application: DATED AT THE TOWNSHIP OF SOUTH FRONTENAC

Page 140 of 275

3654 Stage Coach Road RR#3 Harrowsmith, Ontario K0H 1V0 Tel: (613) 305-3863 rgenge@xplornet.ca

29 May 2020 Brad and Amanda Vanderhaar 278 Welborne Avenue, KINGSTON, Ontario. K7M 4G6 REGARDS: Preliminary EIA – MV -02-20-L; Twin Island Lane, South Frontenac Township, Loughborough District – Buck Lake (North Basin) Dear Brad and Amanda Vanderhaar: As a result of further revisions to your M.V. application, I am providing the following comments based on a review of the B.V. Design and Drafting drawings for the Plot Plan and the Existing Conditions Topographic Survey, revised as of May 28, 2020. Further to my previous letter dated March 19th past, and in review of the revised drawings, the comments below reflect my opinion and position with respect to the upgrade from a proposed standard Class IV septic system (initial proposal) to a tertiary treatment Waterloo Biofilter septic system and the location as indicated on the south side of the proposed residence (BV Design Plot Plan –May 28, 2020). The environmental and site observation discussion in the March 19 letter remains unaffected by these proposed revisions. The Proposal: The proposal is to construct a single story residence with a completed/finished walk-out basement. The entire residential structure can be located >30 metres from the HWM. In order to achieve this setback from the lake, relief from the minimum setback to the east property boundary will have to be approved. A tertiary treatment Waterloo biofilter septic tank (an anaerobic digester equipped with an electrode phosphorus precipitator) is proposed to be located on the south side of the residence > 30 m from the HWM; this is in an easily accessible location for septic pump out servicing; the two biofilter flat beds that receive treated effluent all located outside of the 30m setback distance from the water. Potential Impacts: Since this is an existing vacant lot of record and the proposal seeks relief from the east lot line setback in order to satisfy the 30m setback from the HWM, this is the best development scenario that can be achieved for this lot with the least environmental impact. The proposal includes a tertiary treatment Waterloo biofilter septic system with the tank and filter bed located >30m from the HWM. …. 2

Page 141 of 275

-2This proposal does not include any in-water or near-shore works; it does not include filling, excavating or drainage works near the water and therefore physical impacts on fish habitat are not expected. There are no impacts to critical habitats for species at risk (SAR) as a result of this proposal. Recommendations:  The potential for erosion from increased energy associated with runoff from downspouts can be mitigated by directing downspouts into French Drains or onto splash pads.  Appropriate construction methods to prevent erosion of soils and materials away from the building envelope during construction period must be in place.  All excavation materials excess to the needs of the building must be removed from the site and not used as fill downgradient from the building envelope.  The natural tree cover and understory in the area downslope from the residence, filter bed and contact area must be maintained in a natural state; the only grassed over area should be over the filter bed and contact area. The installation of sod over the contact area would stabilize the soil and prevent erosion in the event of a heavy rainfall event.  A stairway providing access to the water is expected and permitted. In my opinion, this development as proposed, inclusive of remediation recommendations, is the best that can be achieved on this lot. If you have any questions in the above regard, please feel free to give me a call. Respectfully yours,

Reginald Genge B.Sc. Ontario Lake Assessments 3654 Stage Coach Road RR #3 HARROWSMITH, Ontario K0H 1V0 rgenge@xplornet.ca 613-305-3863

PDF copy by email to: Claire Dodds, Director of Development Services SFT (cdodds@southfrontenac.net) Christine Woods, Planner SFT (cwoods@southfrontenac.net) Michelle Hannah, Planning Assistant SFT (mhannah@southfrontenac.net)

Page 142 of 275

Disclaimer: BV Design & Drafting is not responsible for any misinterpretation of these plans & will not take responsibility for change(s) made by the owner(s), contractor(s) or any official(s) regarding this project. plan(s) are not to be scaled. report and change(s) or error(s) to “BV Design & Drafting prior to construction in order to receive revised drawing(s). these plans are the property of the owner(s) or contractor(s) mentioned below. “BV Design & Drafting” reserves the right to reuse these plans in part or in whole. the owner(s) or contractor(s) shall not reuse these plans in any form or shape other then for this project. these plans form the basis of construction & have been designed to 2016 obc. I, Brad Vanderhaar, declaire that I review and take responsibility for the design work on behalf of a firm registered under subsection 3.2.4. of Division C, of the Building Code. I am qualified, and the firm is registered, in the appropriate classes/categories

Individual BCIN: Firm BCIN:

Design & Drafting Brad Vanderhaar 278 Welborne Ave. Kingston Ont. K7M 4G6 (613) 929-5957 brad@bpedevelopment.com Description

Date:

05-28-2020

house/septic location revised

05-24-2020 03-19-2020

house/septic location revised house/septic location revised

issued for minor variance application Revisions

02-09-2020

Client

amanda & brad vanderhaar Kingston Ontario Project:

twin island LANE cottage Drawing Title:

Page 143 of 275

Plot Plan ——Drawn By: b.g.v. Date: 02-09-2020 Scale: 1/16”=1’-0" 1:200 metric

Page:

PL1

Individual BCIN: Firm BCIN:

Design & Drafting Brad Vanderhaar 278 Welborne Ave. Kingston Ont. K7M 4G6 (613) 929-5957 brad@bpedevelopment.com Description

Date:

05-28-2020

house/septic location revised

05-24-2020

house/septic location revised

house/septic location revised issued for 02-06-2020 minor variance application Revisions 03-19-2020

Client

amanda & brad vanderhaar Kingston Ontario Project:

twin island LANE cottage Drawing Title:

Page 144 of 275

Existing Conditions Topographic Survey —-Drawn By: b.g.v. Date: 02-06-2020 Scale: 1/16”=1’-0" 1:200 metric

Page:

TS1

Individual BCIN: Firm BCIN:

Design & Drafting Brad Vanderhaar 278 Welborne Ave. Kingston Ont. K7M 4G6 (613) 929-5957 brad@bpedevelopment.com Description

Date:

05-28-2020

house/septic location revised

05-24-2020

house/septic location revised

house/septic location revised issued for 02-06-2020 minor variance application Revisions 03-19-2020

Client

amanda & brad vanderhaar Kingston Ontario Project:

twin island LANE cottage Drawing Title:

Page 145 of 275

built to plane ——Drawn By: b.g.v. Date: 02-06-2020 Scale: not to scale

Page:

TS1

Individual BCIN: Firm BCIN:

Design & Drafting Brad Vanderhaar 278 Welborne Ave. Kingston Ont. K7M 4G6 (613) 929-5957 brad@bpedevelopment.com Description

Date:

issued for minor variance application Revisions

02-06-2020

Client

amanda & brad vanderhaar Kingston Ontario Project:

twin island land cottage –Drawing Title:

Page 146 of 275

ground floor plan –Drawn By: b.g.v. Date: 02-06-2020 Scale: 3/16”=1’-0”

Page:

Individual BCIN: Firm BCIN:

Design & Drafting Brad Vanderhaar 278 Welborne Ave. Kingston Ont. K7M 4G6 (613) 929-5957 brad@bpedevelopment.com Description

Date:

issued for minor variance application Revisions

02-06-2020

Client

amanda & brad vanderhaar Kingston Ontario Project:

twin island land cottage –Drawing Title:

Page 147 of 275

Basement Floor plan –Drawn By: b.g.v. Date: 02-06-2020 Scale: 3/16”=1’-0"

Page:

Individual BCIN: Firm BCIN:

Design & Drafting Brad Vanderhaar 278 Welborne Ave. Kingston Ont. K7M 4G6 (613) 929-5957 brad@bpedevelopment.com Description

Date:

issued for minor variance application Revisions

02-06-2020

Client

amanda & brad vanderhaar Kingston Ontario Project:

twin island land cottage –Drawing Title:

Page 148 of 275

West & East Elevations –Drawn By: b.g.v. Date: 02-06-2020 Scale: 3/16”=1’-0"

Page:

Individual BCIN: Firm BCIN:

Design & Drafting Brad Vanderhaar 278 Welborne Ave. Kingston Ont. K7M 4G6 (613) 929-5957 brad@bpedevelopment.com Description

Date:

issued for minor variance application Revisions

02-06-2020

Client

amanda & brad vanderhaar Kingston Ontario Project:

twin island land cottage –Drawing Title:

Page 149 of 275

North & South Elevations –Drawn By: b.g.v. Date: 02-06-2020 Scale: 3/16”=1’-0"

Page:

Groundwork Engineering Limited GEOTECHNICAL ● CIVIL ● STORMWATER ● ONSITE WASTEWATER

UNIT 640 - 654 NORRIS COURT KINGSTON, ONTARIO OFFICE (613) 634-1789 LOCATION PLAN

92.15 TOB

91.80 TOB

NOTES:

89.26 TOB

SEPTIC STONE GRADATIONS AS PER OBC 8.7.3.3.
THE HEADER AND DISTRIBUTION LINES SHALL BE INSTALLED AS PER OBC 8.7.2.2.
TREES TO BE REMOVED WITHIN EXPANDED CONTACT AREA.
SEPTIC TANK TO BE EQUIPPED WITH RISERS.
FILTER BED SAND AS PER OBC 8.7.5.3.(3)
EFFLUENT FILTER AS PER OBC 8.6.2.1.(2)
OUTLET PIPE TO GRAVITY FEED BED @ MIN 2% SLOPE CALCULATIONS AS PER ONTARIO BUILDING CODE PART 8 DAILY SEWAGE FLOW DETERMINATION

HOUSE
3 BEDROOMS = 1,600 L/D
FIXTURES NUMBER = 23.5 > 20 = 175 L/D
TOTAL FLOOR AREA = 176m2 < 200 = 0 L/D

89.04 TOB

TOTAL = 1,775 L/DAY ANAEROBIC DIGESTER SIZING

1,775 L/DAY X 1.89 = 3,355L MINIMUM ANAEROBIC DIGESTER VOLUME = 3,776L

88.63 TOB

EXISTING SOIL: T-TIME > 50

1.78m

→ 5.25m

22.01m

8.20m

→

REVISIONS

5.93m

0.83m

2.87m

9.76m

FB-1000

No.

Description

Date

ISSUED FOR REVIEW

MAR 5, 2020

REVISIONS MADE

MAR 9, 2020

REVISIONS MADE

MAY 29, 2020

1.64m

20.00m

BENCHMARK:

30.18m

3.28m

8.36m

No. ##.

DESCRIPTION XXX

ELEVATION XXX.XX

30.01m Client / Land Owner:

BRAD VANDERHAAR

Project:

TWIN ISLAND COTTAGE ONTARIO

SOUTH FRONTENAC Drawing Title:

TYPE A BED Drawn by: Checked By: Page Size: Scale: Date:

Project Number:

GW-20002-6

GW 24"x36" 1:100

Page 150 of 275

JUNE 1, 2020

Drawing Number:

C-101 SHEET 1 of 2

Groundwork 0.83m

0.25m

3.23m

Engineering Limited

3.23m

FB-1000

UNIT 640 - 654 NORRIS COURT KINGSTON, ONTARIO OFFICE (613) 634-1789

FB-1000

LOCATION PLAN

0.30m

0.20m

0.64m

GEOTECHNICAL ● CIVIL ● STORMWATER ● ONSITE WASTEWATER

0.30m

8.36m

30.01m (TO END OF MANTLE)

1 C-102

PROFILE SIDE VIEW NTS

NOTES:

SEPTIC STONE GRADATIONS AS PER OBC 8.7.3.3.
THE HEADER AND DISTRIBUTION LINES SHALL BE INSTALLED AS PER OBC 8.7.2.2.
TREES TO BE REMOVED WITHIN EXPANDED CONTACT AREA.
SEPTIC TANK TO BE EQUIPPED WITH RISERS.
FILTER BED SAND AS PER OBC 8.7.5.3.(3)
EFFLUENT FILTER AS PER OBC 8.6.2.1.(2)
OUTLET PIPE TO GRAVITY FEED BED @ MIN 2% SLOPE

4 FB-1000

CALCULATIONS AS PER ONTARIO BUILDING CODE PART 8 DAILY SEWAGE FLOW DETERMINATION

HOUSE
3 BEDROOMS = 1,600 L/D
FIXTURES NUMBER = 23.5 > 20 = 175 L/D
TOTAL FLOOR AREA = 176m2 < 200 = 0 L/D

2.87m

5.93m

TOTAL = 1,775 L/DAY ANAEROBIC DIGESTER SIZING

1,775 L/DAY X 1.89 = 3,355L MINIMUM ANAEROBIC DIGESTER VOLUME = 3,776L

2 C-102

PROFILE END VIEW NTS

EXISTING SOIL: T-TIME > 50

→

FB-1000

REVISIONS

1.20m

No.

Description

Date

ISSUED FOR REVIEW

MAR 5, 2020

REVISIONS MADE

MAR 9, 2020

REVISIONS MADE

MAY 29, 2020

101mm

76mm

0.30m

3.23m

0.20m

BENCHMARK: No. ##.

DESCRIPTION XXX

ELEVATION XXX.XX

Client / Land Owner:

0.15m

BRAD VANDERHAAR

0.30m

Project:

TWIN ISLAND COTTAGE ONTARIO

SOUTH FRONTENAC Drawing Title:

TYPE A BED

4 3 C-102

PAN LYSIMETER DIAGRAM NTS

C-102

ANAEROBIC DIGESTER DETAIL NTS

5 C-102

UNIT PIPE DIAGRAM NTS

Drawn by: Checked By: Page Size: Scale: Date:

Project Number:

GW-20002-6

GW 24"x36" NTS

Page 151 of 275

JUNE 1, 2020

Drawing Number:

C-102 SHEET 2 of 2

Ln n

Ba ck Ba y L

She a Ln

MV-02-20-L VANDERHAAR

Buck Lake

TWIN ISLAND LANE

Buck Lake

in Ln

ey Os pr

Kis me tL n

Fi nn

r th Pe

Moun ta

Isl

Buck Lake

Inset Map

Legend Vanderhaar Property Parcel Fabric Provincially Significant Wetlands Wetland

Waterbody River/ Stream

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

Page 152 of 275

l Is

d an

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

Scale 1:600

0 2.75 5.5

16.5

Meters UTM Projection NAD 83

Page 153 of 275

June 26, 2020

File: MV/FRS/40/2020 (revised submission)

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

Application for Minor Variance MV-02-20-L (Vanderhaar) Part Lot 23, Concession 13; Twin Island Lane Loughborough District, Township of South Frontenac Waterbody: Buck Lake

Cataraqui Conservation staff have reviewed a revised submission for the above-noted application for minor variance and provide the following comments for the Committee of Adjustment’s consideration. The property was visited by staff on April 24, 2020. Summary of Proposal The proposal involves the construction of a single-family dwelling on the subject property. The revised variance request is to: • •

Reduce the setback from the rear lot line from 10 metres to 6.5 metres for the dwelling, 6.2 metres for a septic tank, and 5.5 metres for a septic field. Increase lot coverage from 5% to 9.5%.

Site Description The property is located on the eastern shore of the north bay of Buck Lake. The topography of the site can be characterized as having a steep embankment at the shoreline, then continuing to rise less steeply toward Twin Island Lane to the east. Presently, the lot is wooded. The property is currently designated ‘Rural’ in the Official Plan and ‘Limited Service Residential – Waterfront Zone’ (RLSW) in the implementing Zoning By-law for South Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

Page 154 of 275

Page 2 of 4

Frontenac Township. Buck Lake is designated as a highly sensitive Lake Trout lake in the Official Plan for South Frontenac Township. Discussion The main interest of Cataraqui Conservation in this proposal is the protection of the water quality of Buck Lake and the avoidance of natural hazards (e.g. flooding and erosion) associated with the shoreline. Natural Hazards Flooding: Cataraqui Conservation does not have floodplain mapping for Buck Lake. The maximum recorded water level for Buck Lake is 133.16 metres geodetic. For Buck Lake, the maximum recorded water level is used in lieu of an engineered flood plain. Cataraqui Conservation’s Guidelines for Implementing Ontario Regulation 148/06 (see description below) requires that all development be set back a minimum of 6 metres from the regulatory floodplain of a waterbody. Based upon elevation mapping data, the proposed development will be located outside of the setback from the regulatory flood plain. Therefore, staff have no concerns with the proposal from a flooding hazard perspective. Erosion: Cataraqui Conservation defines the extent of potential erosion hazards to include an allowance for toe erosion, a stable slope allowance for bedrock shorelines of 1 (vertical):1 (horizontal), plus an erosion access allowance of 6 metres. Based upon observations and measurements taken at the site, staff estimate the total erosion hazard to be approximately 12 metres measured inland from the toe of slope. The proposed development will be located outside of the erosion hazard allowance. Therefore, staff have no concerns with the proposal from an erosion hazard perspective. Water Quality Section 2.2 of the Provincial Policy Statement (PPS) suggests that planning authorities should seek to protect, improve or restore the quality and quantity of water. Accordingly, the Official Plan and Zoning By-law for the Township of South Frontenac provide guidance with respect to how development should occur in consideration of protecting, improving and restoring water quality within the municipality. Similarly, the Cataraqui Conservation’s Environmental Planning Policy (April 2015) contains provisions that seek to support these objectives.

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

Page 155 of 275

Page 3 of 4

Section 5.2.7 b)(i) of the Official Plan for South Frontenac Township suggests that a minimum 30 metre setback from the high water mark is required to be maintained as a buffer in order to protect water quality. Similarly, the CRCA Planning Policy recommends that new development and site alteration, including septic system tile fields and open or enclosed decks/patios attached to the main dwelling, be set back a minimum distance of 30 metres from the highwater mark of a waterbody. The revised proposal places both the dwelling and the main components of the sewage system beyond the 30 metre water setback. The septic mantle is the only development proposed within the 30 metre water setback. While the revised proposal is certainly preferable to the previous submission, staff continue to be concerned with the size of the building footprint as the applicant continues to seek relief to double the maximum allowable lot coverage from 5% to 9.5%. The maximum lot coverage provisions in the Zoning By-law are intended to limit intensification on a waterfront lot in support of the water quality provisions of the PPS and the Official Plan, particularly when a property is located on a sensitive Lake Trout lake. This issue is not and cannot be addressed in the Preliminary EIA submitted with the application. Staff continue to recommend that the size of the development be reduced to have regard for the intent of the PPS and the Official Plan. In the opinion of staff, the scale of development that is being proposed is simply too large for the lot. Therefore, staff do not support approval of the minor variance application. Recommendation Staff recommend deferral of application MV-02-20-L to allow the applicant to consider a reduction to the size of the building. Ontario Regulation 148/06 The CRCA, under Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, regulates development (construction, filling, and site alteration) within 15 metres of a valley land. The valley of Buck Lake is considered to extend inland to the top of the slope. It appears that the proposed development is within the 15 metre adjacent lands to the top of valley, and therefore, a CRCA permit will be required for the proposed development. The applicant will be required to contact the undersigned at the building permit stage for more information regarding permitting requirements under Ontario Regulation 148/06. Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

Page 156 of 275

Page 4 of 4

Please notify this office of any decision made by the Committee of Adjustment with regard to this application. If you have any questions, please contact Andrew Schmidt at (613) 546-4228 extension 244, or by e-mail at aschmidt@crca.ca.

Yours truly,

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

Michelle Hannah, South Frontenac Township (via e-mail) Brad & Amanda Vanderhaar (via e-mail) Jon Orpana, Ministry of Environment, Conservation and Parks (via e-mail)

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

Page 157 of 275

Page 158 of 275

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Report Date:

August 10, 2020

Application No: Owners: Location of Property:

MV-08-20-B Jeff & Mary Bumstead Part Lot 1, Concession 12, Parts 10 to 12 on Plan 13R3809, District of Bedford, Township of South Frontenac, municipally known as 10 Barrett Lane, Buck Lake Purpose of Application: To vary Sections 5.8.2 (a) and 8.3.3 of the Township of South Frontenac Zoning By-law Date of Hearing: July 9, 2020 Recommendation: That provisional approval be: 

granted with conditions (attached) deferred denied

Purpose:

zoning relief for construction of a new building 

zoning relief for replacement of an existing building zoning relief for other

Official Plan Designation:

Zoning:

Rural

Waterfront Residential-Special Provision (RW-16)

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

Relief: To permit the construction of a single detached dwelling with a minimum setback of 15 metres (49.2 feet) from the highwater mark of Buck Lake, whereas the Zoning By-law requires a minimum 30 metre (98.4 feet) setback from the highwater mark for all buildings and structures.

Section 8.3.3: High water Mark Setback

Relief: To permit the construction of a single detached dwelling with a minimum highwater mark setback of 15 metres (49.2 feet), whereas the Zoning By-law requires a minimum 30 metre (98.4 feet) front yard and setback from the highwater mark for all buildings and structures.

Review: This application for a variance:  Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act);  Maintains with the general intent and purpose of the County of Frontenac Official Plan;  Maintains with the general intent and purpose of the Township of South Frontenac Official Plan;  Maintains with the general intent and purpose of the Township of South Frontenac Zoning By-law 2003-75 (or will subject to approval for the minor variance);  Is desirable for the appropriate development of the land, building or structure in question; and  Is minor. 1 Page 159 of 275

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Proposal An application for minor variance was received to permit the construction of a two-storey dwelling with a crawl space with a slightly larger footprint than the existing cottage, in the location of the existing cottage. The dwelling (which included a deck) would have been no closer to the shoreline than the existing cottage, with a 0.9 metre setback from the highwater mark. The applicants revised the proposed location of the dwelling based on feedback from Township staff and Cataraqui Conservation staff. The dwelling design was changed based on the new location. A revised application for minor variance was received to permit the construction of a one-and-a-half storey single detached dwelling with a walkout basement and an attached deck on the 0.5 hectare (1.3 acre) subject property. The proposed dwelling and deck have a combined ground floor area of 114 square metres (1228 square feet). The revised application indicates that the dwelling will have a minimum 18.2 metre (59.7 foot) setback from the highwater mark of Buck Lake and the attached deck will have a minimum 15 metre (49.2 foot) setback from the highwater mark. A new septic system with tertiary treatment is proposed to be installed in a location that would comply with zoning requirements including a minimum 30 metre setback from the highwater mark. The existing cottage and shed, set back 0.9 metres (3 feet) and 15 metres (49.2 feet) from the highwater mark respectively, would be demolished. The combined floor area of the existing buildings and structures is approximately 111 square metres (1192 square feet). The subject property is zoned RW-16. The site-specific RW-16 zone permits a maximum of 33 parking spaces for the exclusive use of 33 water access only lots located on Porcupine Island. These lots have deed rights to park at this location. The parking spaces are located on land between Perth Road and Barrett Lane. The location of these parking spaces on the subject property do not impact the building envelope proposed as part of this application.

Agency and Public Comments Public Services Department – Public Services was not circulated because even though the property has frontage on Perth Road, the property is accessed from Barrett Lane which is a private lane. Building Department – The Building Department has no objections to the application as presented and will review the detailed building plans through the Building Permit process, should the application be approved. KFL&A Public Health – KFL&A Public Health has no objection to the proposed minor variance as the owners have submitted an application for septic approval. A permit was issued for the septic system. Cataraqui Conservation – Cataraqui Conservation staff have no objection to the approval of the application based on their consideration for natural hazard, natural heritage, and water quality policies. Their staff recommend that roof runoff be directed away from the lake, and that the area between the development and the lake be maintained as a vegetated buffer to the satisfaction of the Township. The proposed development will require a permit from Cataraqui Conservation under O. Reg. 148/06. Public Comments – At the time of the writing of this report, no written comments were received from the public.

2 Page 160 of 275

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Planning Analysis Summary Under Section 45(1) of the Planning Act there are four tests a minor variance must meet. A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests: Does the variance maintain the general intent and purpose of the Official Plan? • The subject lands are designated ‘Rural’ in the Official Plan on Schedule A. The type and amount of development on ‘Rural’ lands must maintain the rural character, natural heritage, and cultural landscape in the Township. • It is the opinion of Township staff that the proposed development maintains the general intent and purpose of the Official Plan, specifically the policies on rural residential development, limited service residential development, and development within environmentally sensitive areas and adjacent to at-capacity lake trout lakes. • The original application for redevelopment on the footprint of the existing cottage with a new septic system at 30 metres from the high water mark was supported by a Preliminary Environmental Impact Assessment (EIA) prepared by Ontario Lake Assessments (March 12, 2020). The report concluded that the original proposal would not impact species at risk, there would be no increase in potential nutrient loading to the lake, and that the new septic system is an environmental improvement over the existing conditions. The report includes several recommendations for construction best practices. • The consultant does not support the revised proposal and therefore the EIA was not updated to reflect the revised application. It is the consultant’s opinion that building on the existing footprint would be the best option environmentally. • While there are short-term benefits to constructing on the existing footprint, Township and agency staff believe there are greater long-term outcomes can be achieved for Buck Lake and for the property by maximizing the distance between the dwelling and the shoreline especially with the proposed conversion from seasonal to permanent use. These include (a) establishing a natural vegetation buffer along the length of the shoreline in the area of the existing cottage and driveway to minimize environmental and visual lake impacts and to enhance the natural appearance of the shoreline (section 5.2.7), and (b) removing the dwelling from an area which is impacted by erosion hazards (section 5.2.4). Does the variance maintain the general intent and purpose of the Zoning By-law? • The proposed variances maintain the general intent and purpose of the Zoning By-law as the proposed dwelling is a permitted use on the subject property, is within the maximum lot coverage permitted, and the proposed location complies with the setback requirements of the RW zone, with the exception of the reduced setback from the highwater mark. The proposed dwelling would have a minimum 15 metre setback from the highwater mark compared to the 0.9 metre setback of the existing cottage. • A new septic system with tertiary treatment is proposed to be installed in a location that would comply with zoning requirements including a minimum 30 metre setback from the highwater mark.

3 Page 161 of 275

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Is the requested variance desirable for the appropriate development of the land, building or structure in question? • The variances are desirable for the appropriate development of the subject property, as the proposed dwelling is consistent with the residential use of the property. The minimum 15 metre setback of the dwelling from the high water mark is an improvement over the existing situation and in consideration of the other uses on the property (i.e. deeded parking spaces for island properties, Barret Lane, hydro easement), the topography of the site, and the need to maximize the distance of the septic system from Buck Lake. Is the variance minor? • The variances are minor as there will be no negative impact on surrounding properties as a result of constructing the dwelling at the proposed location. Implementation of site plan control on the property will ensure that the development is undertaken in accordance with the Township Official Plan, Zoning By-law, and standards, and ensure that certain features of the development will be maintained into the future (e.g. roof runoff being directed away from the lake, the establishment and maintenance of a natural shoreline vegetation buffer).

Conclusion It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-08-20-B, subject to conditions.

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

The minor variance is for the construction of a single detached dwelling with attached deck with a combined ground floor area of 114 square metres (1228 square feet). The dwelling will have a minimum 18.2 metre (59.7 foot) setback from the high water mark of Buck Lake and attached deck will have a minimum 15 metre (49.2 foot) setback from the high water mark, as per the drawings submitted with MV-08-20-B, attached to the Decision as Schedule “A”.
The applicant is required to enter into a Site Plan 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 prior to the issuance of a building permit: a. The use of appropriate erosion control measures (e.g. silt fence, straw bales) during construction. b. The removal of any excavated materials from the site so that it is not used as fill within 30 metres of the lake. c. Roof runoff will be directed away from the shoreline of Buck Lake and discharged into French Drains or onto coarse rock rubble splash pads. d. Proper decommissioning of the existing septic system.

4 Page 162 of 275

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT e. Entering into a maintenance and service agreement with an authorized representative of the manufacturer of the septic treatment unit, and providing annual proof of maintenance to the Township. f. Preparation of a shoreline remediation plan. The purpose of the plan is to create and enhance the natural vegetative buffer within 30 metres of the highwater mark of Buck Lake. The plan shall be reviewed by the Township prior to the issuance of an occupancy permit under the Ontario Building Code. The plan shall be implemented within 6 months of an occupancy permit being issued for the construction approved through application MV-08-20-B. 3. A building permit is required for demolition of the existing cottage and shed and for all construction on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac. 4. Minor variance MV-08-20-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.

Submitted by: Christine Woods, MCIP RPP, Senior Planner Approved by: Claire Dodds, MCIP, RPP, Director of Development Services Date of Site Visit: June 24, 2020 Attachment: Map of the Bumstead property

5 Page 163 of 275

p_~/V-er\A~e:X 9-O‘‘Db TOWNSHIPor scum FRONTENACAPPucA‘ncN FOR MINOR VARIANCE “"\°‘*-1 Plinnlng Act, R.S.D. 199:1.c. as amended PA]

Dale Received:

File No:

NamealOwner(S)I

/flaw, Sen

Full Mailing Address

ni owner(s):

‘5

Xmux

Phone number ul Owner(s): _ Email Address of 0wner(s)’

Ifthe applimnl is NOT the mrmer of [he subject land, lhe written author-izaliun 07 the owner Ihal the apptimm is aulhurized to make the applicaliun, mus! accompany the applica?on.

Namet.1fAulhnt-izedAgenu

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1 Egxxgxstln Q995,93) cu-'w\‘

Fun Mailing Address at Aumunzed Agent 7

Phone number of Aumunzed Agent: _ Email Address 0! Autnunzed Agent

Agent as named above 15 hereby authorized to an on Deha” nf the owners [or purposes at nmcessxna

this annlirziinn

lnr Minnr\I:r§:nr-n

The descnplinn 0! [he subjeci land. Dislncl;

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Concession Number street Numoen

Loughhornugh Lot Number:

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Reference Plan Number‘ Roll Number.

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Page 164 of 275

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act. R-5.04 1950. :. PA: as amended The frunIage(s). depth and area at the subject lend.

Frunlage (on water)’ Depth:

3 2 ,,

Frontage (on roednene):

(. R

Area:

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The current zpnlng of the subject land:

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The nature and exIent of the relief VromIhe Zoning By-law:

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The reason why the pmposed use cannot comply with the provisions niche Zoning By-law:

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Does the subject propenyfrcnt on a munlclpally maintained ; No on a privately mainlained road? : ves

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road‘?

yes

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Name of Road/Lane:

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If access to the subject properly is by water only, please indicate the parking and ducking taeilities used or to be used and the approximate distance 0! these iaeilities irnrn the subjem land and the nearest public mad

Whal are the exisling uses of the Subject |and7

_3gg.s:me}~ 11.

Please indicate whetherthere are any EXISTING buildings or structures (Le. residence, garage, shed, etc.)

yr?

on the subject land

‘No

Page 165 of 275

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, 115.0. 1990, C4 E13 as amended

12 lime answerto

indicale:

item 11 is yes. for EACH building or struciure

(1)

(1) T ype o f SW cture

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(3)

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Setback from High Water Mark

(lfapplicable)

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pmposed uses oi the subject land

Q~«:.§..,s}\\ 14 Are any bui|ding(s) or sIruc(ure(s). or additions in exisiing bu>|dIng(5) or s|ructure(s). to be built on the subject land?

PROPOSED

‘No

Page 166 of 275

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act. R.s.o. 1990. 2:. P13 as amandud 15.II the

item

‘

for each proposed add?ion, building or structure indicate:

is yes,

14 ap§werIu :9 Ed (1) (

Typeoistnrciure (E.g. residence)

(4)

(3)

(1)

seexae

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Setbackirom Front Lot Line

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Dimensions of Buildinglslrucmre

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setback from High water Mark

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(Ifapplicable)

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If the subject property is on wateriront. and on a private lane, the setback from me iront lot line and the setback train Ihe high water mark will be me same.
The dimensions required in ttiis question relate to meNEW CONSTRUCTION ONLY, and NOT to the total size oitiie completed truilding.

Do your plans include any DEMOLITION of existing structures?

{?es

iiyes, please provide delails:

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Page 167 of 275

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Acl, R.s.o. 17.

I990, c. P.1:I as amended

Do your plans include me RAISING of an existing slructure?

Qfés

If yes, please provide details:

is.

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ONE

Whal are the uses oflhe proposed development? (a)

Increase in number of bedrooms

(b)

increase

in plumbing ?xtures

zzés

(c)

increase

in living space

(d)

will me addition or structure encroach on me existing septic system‘?

‘

’

No No

Yes

19.The date me subject land was acquired by Ihe current owner

‘10 \ S 20.Tl’Ie da1e the existing buildings and slnlctures

were cons1rucIed on lhe subject lands:

Yb 9 21.Tl’Ie length of lime Lhal the existing uses of mesubject land have con?nued:

mix 22.

indicate wnetner waler is provided to me subieel land by a publicly owned and operated piped water system. a privately owned and operated individual or oommunal well. a lake. or olherwaler body. or omermeans: 1..

—

indicate whether sewage disposal is provided lo lhe subject land by a publicly owned and opeialed sewage syslem, a privalely owned and operated individual or communal septic system, a privy. or olher means:

(\3n\ =:S.~i| <3

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QJKAOE

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

has

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Page 168 of 275

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.s.o. 19911, c. P.13 as amended

25.l=lease indicate wnetner the subject land is subject at an application under the Planning AC1lar appmval ofa Plan or Subdivision or consent L‘Yes

(/60

Ifthe answer to question 25 is yes, please give the ?le number of lhe application and the status crftne application.

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

3 No

2B. if the answer to item 27 is yes, please give the ?le number of the application and the status ol tne applimtian

A SKETCH must be submitted showing the following THE SKETCH MUST HAVE A NORTH ARROW AT THE TOP OF THE PAGE The boundaries

and dimensions ditne subject land including the ldiztion orany existing

and proposed buildings. The lncation of a relerenee point… Le. distance between me sublect land and the nearest township Int line or landmark such as a bridge or lailmmy crossing.

The lncatlon of all abutling (nelghbnurs’] lands. The approximate location of all natural and arti?cial features on the subject land and on the land that is adjacent tn the subject land Examples include buildings, railways, roads, watercourses,

drainage ditches. river or stream banks, barns, wetlands, wooded areas. or these ieatures From the applicant’s property

wells and septic tanks sndw distance lines

“Nate:

“

The distances to unvsite and abutting OWners’ wells, septic ?elds and barns, from the properly [0 be varied, IS REQUIRED to be shown. The SKETCH is oi signi?cant importance and should be prepared as carefully, neatly and accurately as possible,

Page 169 of 275

TOWNSHIP OF souTH FRONTENAC APPLlcA11lJN FOR MINOR VARIANCE Planning Act, R.$.o. 1990, c. F.13 as amended AGREEMENT TO INDEMNIFY

Attached In this applllzalion is a cheque payable In the Tuwnshlp of Smith Frurlmrlac representing payment of the applioaiicn lee. The OwrlerlApplicanlIAgentagrees that the infnrmallon recorded in this Minor variance Application Farm is agrees that representatives of the Township, Public Health and, where accurate. The owner/Applicant/Agent the appropriate conservation Authonly, may enter onto me subject properly for lhe purpose or appliaa deterrn mg the appropriateness oithe site for Lhe pmpased deve|opmenL The ownermpplicantmgent agrees In reimourse and indemnify the munlopality (or all fees and expenses incurred by the municipality to process the application. including any fees and expenses attriautahle lo pmceedings helore the ontario Municipal Board or any court or ulher administrative lritiunal if necessary to defend Council’s decision to support the apprtaation. without limmng the foregoing, such tees and expenses shall include lhe rm and expenses oi consultants, planners. engineers. lawyers and sumother proiessional and technllzl advisers as me municipality may_ in its ac?ng reasonably. consider necessary or advlsable to more properiy process and suppon aosolute screuon the application. lurther agrees to provide the municipality, upon request and in cases where an The owner/Applicant/Agent appealed to the ontario Municipal Board. with a deposit (aver and above the normal application has been municipality may. lrom time to time charge any fees and expenses incurred by iee). frum which the applimli me muni palily in order to process the application. If such appeal expenses exceed the deposit‘ the t shall pay the oilierenoe lorihwlth upon being billed hy the munlopality. with inleres1 at the rate owner/App month per (15% per annum) on smuunls overdue more than at) days, 1.25-/. of The OwrierIApplicantIAgent further agrees trial. unlil such requests have been complied wilh. the municipality at the Ontario will have no continuing obligation to process the application or atlerid or be represemed Municipal Board or any court or other administrative proceeding in connec?on with the applilztinn: DATED AT THE TOWNSHIP OF SOUTH FRONTENAC

Page 170 of 275

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Page 183 of 275

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Page 184 of 275

A“

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7 Page 185 of 275

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Page 186 of 275

Page 187 of 275

Page 188 of 275

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Page 189 of 275

De e r Va l ley

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MV-08-20-B (Bumstead) 10 BARRETT LANE

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Buck Lake

Waterbody

Buck Lake

Page 190 of 275

Scale 1:1,500

Buck Lake

0 5 10

Meters UTM Projection NAD 83

July 23, 2020

File: MV/FRS/116/2020

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

Application for Minor Variance MV-08-20-B (Bumstead) Part Lot 1, Concession 12; 10 Barrett Lane Bedford District, Township of South Frontenac Waterbody: Buck Lake (South Bay)

Cataraqui Conservation staff have reviewed the above-noted application for minor variance and provide the following comments for the Committee of Adjustment’s consideration. The property was visited on April 24, 2020. Summary of Proposal An amended application (dated May 29, 2020) suggests that the proposed new structure will be located approximately 15 metres from the highwater mark of Buck Lake. This is also shown on the topographic survey prepared by Hopkins Chitty Land Surveyors Inc. (February 25, 2020). The proposal involves the construction of a new dwelling on the subject property. The variance is requested to: • Reduce the required setback from the highwater mark from 30 metres, as required by Section 5.8.2.a) of the South Frontenac Zoning By-law, to 15 metres in order to permit the construction of a dwelling. Site Description The property is located on the west side of Buck Lake, east of Perth Road on Barrett Lane. The topography of the site can be characterized as having a 2 metre high bank along the shoreline that rises continually toward Barrett Lane to the west. There is an Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

Page 191 of 275

Page 2 of 4

existing dwelling located approximately 1 metre from the highwater mark of Buck Lake. Due to the close proximity of the existing dwelling to the waterfront, a portion of the existing dwelling is located within the erosion hazard. The property is currently designated ‘Rural’ in the Official Plan and ‘Waterfront Residential Zone’ (RW-16) in the Zoning By-law for South Frontenac Township. Buck Lake has been designated as a highly sensitive Lake Trout Lake in the Official Plan for South Frontenac Township and is zoned ‘Environmental Protection’ in the implementing Zoning By-law. Discussion The main interest of Cataraqui Conservation in this proposal is the protection of the water quality of Buck Lake and the avoidance of natural hazards (e.g. flooding and erosion) associated with the shoreline. There were no natural heritage features identified within or immediately adjacent to the subject lands. Natural Hazards Flooding: Cataraqui Conservation does not have floodplain mapping for Buck Lake. The maximum recorded water level for Buck Lake is 133.16 metres geodetic. For Buck Lake, the maximum recorded water level is used in lieu of an engineered flood plain. Cataraqui Conservation’s Guidelines for Implementing Ontario Regulation 148/06 (see description below) requires that all development be set back a minimum of 6 metres from the regulatory flood plain of a waterbody. Based upon elevation mapping data, the proposed development will be located outside of the setback from the regulatory flood plain. Erosion: Cataraqui Conservation defines the extent of potential erosion hazards to include an allowance for toe erosion, a stable slope allowance of 3 (horizontal):1 (vertical), plus an erosion access allowance of 6 metres. Based upon a 2 metre high slope at the shoreline, staff have estimated the total erosion hazard to be 12 metres measured inland from the toe of slope. Staff note that the proposed development will be located outside of the erosion hazard limit. Staff have no concerns with the proposal from a natural hazards perspective.

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

Page 192 of 275

Page 3 of 4

Water Quality Section 2.2 of the Provincial Policy Statement (PPS) suggests that planning authorities should seek to protect, improve or restore the quality and quantity of water. Accordingly, the Official Plan and Zoning By-law for the Township of South Frontenac provide guidance with respect to how development should occur in consideration of protecting, improving and restoring water quality within the municipality. Similarly, Cataraqui Conservation’s Environmental Planning Policy (April 2015) contains provisions that seek to support these objectives. Also, as noted above, Buck Lake is identified as a highly sensitive Lake Trout Lake, and as such, the waterbody is afforded additional protection to ensure development does not negatively impact the water quality of the lake. However, development within the water setback may be considered when there are no reasonable alternatives for locating the development outside of the water setback area, the development is no closer to the water than existing buildings or structures on the property, the development complies with the maximum lot coverage provisions of the Zoning By-law, and suitable methods to minimize negative impacts on water quality are incorporated into the development. The development proposal is located in a reasonable location since there is limited opportunity to locate development outside of the water setback, the development complies with the maximum lot coverage provisions in the Zoning By-law, and the proposed dwelling will be moved back an additional 14 metres from the highwater mark. Staff recommend that roof runoff be directed away from the lake, and that the area between the development and the lake be maintained as a vegetated buffer to the satisfaction of the Township. Recommendation Staff have no objection to the approval of application MV-08-20-B based on our consideration for natural hazard, natural heritage and water quality policies. Ontario Regulation 148/06 Cataraqui Conservation, by virtue of Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, regulates development (construction, filling, and site alteration) within 15 metres of a valley land. Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

Page 193 of 275

Page 4 of 4

The valley of Buck Lake is considered to extend inland to the top of the slope, found to be roughly in the location of Barrett Lane. Therefore, the proposed development will require a permit under said regulation. The applicant will be required to contact the undersigned at the building permit stage for more information regarding permitting requirements under Ontario Regulation 148/06. Please notify this office of any decision made by the Committee of Adjustment with regard to this application. If you have any questions, please contact Andrew Schmidt at (613) 546-4228 extension 244 or by e-mail at aschmidt@crca.ca.

Yours truly,

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

Anna Geladi, Township of South Frontenac (via e-mail) Michelle Hannah, Township of South Frontenac (via e-mail) Mary & Jeff Bumstead, applicants (via e-mail)

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

Page 194 of 275

Environmental Health Department 1130 Elizabeth Street Sharbot Lake, Ontario KOH2P0 (613)279-2151

KF Public Health REQUESTSFOR COMMENTS

To;

Fal)-<_:8(CE]5(g2)6277 http://www.kflapub|ichea|th.ca —;§379597

Ms. Michelle Hannah Secretary-Treasurer, Committee of Adjustment Township of South Frontenac P.O. Box 100 4432 George Street Sydenham, ON KOH 2T0

Application Number:

MV—08—20B

Type of Application or Proposal:

Minor Variance

Applicant Name(s):

Bumstead, Mary & Jeff

Locatlon:

Planning Department or Agency:

Comments:

Pt. Lot 1, Concession 12, Bedford 10 Barrett Lane

Township of South Frontenac (Bedford)

KFL&APublic Health has no objections to the proposed minor variance as the owners have submitted an application under permit number BE—12—20. ‘I

Inspector: Date:

‘F,’

, ,,

‘I.

Joan

“ltlru

e cGurn, CPHl(C), Public Health Inspector July 14, 2020

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

Page 195 of 275

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Page 197 of 275

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_______

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Page 200 of 275

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Page 201 of 275

_______

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Page 205 of 275

4-4 Waterloo B IOFILTER

Waterloo Biofilter Wastewater Treatment System Service Contract

Maw and Jeff Bumstead Biofilter Address:_10 Barrett Lane city: South Frontenac province: Owner(s):

Lot#:________________

KOH 2L0 Jeff: 613-876-0743 Maw:61 3-894-8292 Telephone(s): k-b-famiIyrogers.com E-mail: Mailing Address:4044 City:

Stone Point Road

nverary

Province:

Is This a Seasonal Site/cottage: Yes Water Access Onlr Yes

postal Code:

Postal code:_KO

H I X0

0 No®

0 No ®

Upon receipt of this signed agreement, Waterloo Sb/lIter Systems Inc agrees to inspect and service the Waterloo Biofilter WastewaterTreatment System and related components at the above Biofilter Address once a year. This contract will commence on the date signed below and will automatically renew annually unless notification is received by Waterloo Biofilter Systems Inc or the Owner. This contract does not include tank pumping costs, nor other items not specifically mentioned below. Each Inspection and Service Includes the Following:

Check condition and safety of all tanks, enclosures, and access hatches
Examine pre-treatment tank health and recommend if tank needs a pump out
Clean effluent and/or inline filter if required
Test operation of pumps and floats
Examine health of Biofilter treatment medium including colour and compaction
Visually inspect Biofilter effluent
clean spray nozzles and promote even distribution over Biofilter medium
Take grab samples of effluent and test for cBOD and TSS as per the requirements in the Ontario Building code
If applicable; check charcoal filter(s) and recommend if charcoal needs replacing Pa e 1 of 5

Jeff Bum

,wner nba.

A ?OT1Ul-I4 steau,,,

143 Dennis Street PD Box 400. Rockwood ON NOB 21(0 I Tel: 519-856-0757 Fax:519-856-0759 servlce@watedoo-biofllter.com I w.waterloo-blofifter.com

Page 206 of 275

4% Waterloo BIOFILTER

check that panel(s) is properly sealed and inspect 10. check control panel(s) operation and settings; for corrosion cover, grading 11 .Visual inspection of the leaching bed; moisture, grass Maintenance Report 12. Record findings on Waterloo Biofilter System irs n results and any recommendations or repa 13. E-mail report to the Owner summarizing inspectio about best management practices 14. If necessary; consult with the Owner or occupant er agree to the following: for emergency service calls that take place There will be a $150 base fee plus $85/hour onsite

Waterloo Diofifter Systems inc. and Owner furth

•

during the regular business hours. te for emergency service calls that take place • There will be a $200 base fee plus $1 05/hour onsi hours. during weekends, holidays or outside regular business ce, the Waterloo Biofilter technician will complete • If minor repairs are needed at the time of servi s more than $50 in materials, the owner will be these repairs. If the cost of additional repairs total consulted before repairs are completed. the time of service, the Owner will be notified and • If improper operation cannot be corrected at given estimated cost and date of correction. will be replaced according to the Waterloo Biofilter • If necessary, any mechanical unit or any parts ers manual for details. Note that labour Systems Inc limited warranty program; see homeown limited warranty program. required to replace these parts is not covered by the authorized repair station, are not covered under • Freight charges to the supply source, or to any this agreement. grade for servicing. • Access lids and hatches must be accessible and at iter Systems Inc will be communicated to the • Any notification of service visits from Waterloo ala/l Owner via e-mail. ce visit will be provided to the owner by Waterloo • Results of the samples collected during the servi Rio/liter Systems Inc with the maintenance report. Code section 8.9.2.4(3) requires that if the • The Owner acknowledges that the Ontario Building mpling will take place within six (6) sample results exceed 20 mg/L for each parameter, re-sa Waterloo Biofliter Systems Inc. if they wish to months. It is the Owners responsibility to contact will be billed at the same rate as the schedule an additional sampling. This additional sampling annual service rate outlined below. Jeff ?w Bum — za stead Owner Initial: ,

Page 2 of 5

Tel: 519-856-0757 I Fax:519-856.0759 143 Dennis Street. P0 Box400, Rockwood ON NOB 21<0 I m seMce@3waterlco-biofllter.com I .waterIoo-bioflIterxa

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4% Waterloo BIOFILTER

The Owner agrees to give Waterloo Biofilter Systems Inc the legal right of access to the premises for the purposes of servicing the Waterloo Giofilter Septic System during the term of this agreement Access will be defined as any time service is needed or requested or whenever our service personnel schedule periodic inspections as per the contract. This agreement only includes building access when the panel is located inside the building, and the Owner is present. The Owner warrants that they have read, understand and will abide by the following Best Management Practices. Best Management Practices please refer to your owners manual, located on our website, for a detailed list.

A properly functioning wastewater treatment system plays a critical role in the health and safety of your local environment. To keep the system healthy and performing properly it is important to not have the following items discharge into the treatment compartments: • Liquid fabric softener and detergent with bleach; use bleach separately in moderation • • • • •

Anti-bacterial and disinfectant products including tea tree oil Automatic toilet bowl cleaners and bleach pucks Chemical and industrial cleaners Water softener or purifier discharge/backwash Non-degradable products such as; bandages, cigarette butts, coffee grounds, condoms, cosmetics, dead pets, diapers, personal & baby wipes, feminine hygiene products, medication, paints etc.

• •

Food scraps (garburator) Oil and grease

Important General Use Guidelines • Repair any leaking household water fixtures immediately • Divert all eaves trough, sump, pool and spa drain lines away from the system compartments • Obtain approval from the designer/installer prior to regrading, building, landscaping or planting •

near the treatment system Never drive or place heavy objects around the tanks or leaching bed

Jeff ‘Bum

Page 3 of 5

Owner Initial: stead°

143 DennIs Street PC Box 400, Rockwood ON NOB 21(0 I Tel: 519-856-0757 Fax: 519-856-0759 servke@waterloo-biofflter.com I wjw.waterloo-biofifter.com

Page 208 of 275

__________

%% Waterloo BIOFILTER

Service Payment Terms be billed so long as the contract is in place. Each year an annual service fee of $295.00 plus HST will oo Biofliter Systems Inc will notiI’ the Owner . Billing will occur after the service has been performed Waterl pted by credit card, cheque or e-transfer. In of any change to the annual service fee. Payment is acce mation is kept secure and confidential. Please order to protect our valued customers, all credit card infor on below and the Payment Form (page 5). complete, sign and return the contract acceptance informati l $200 plus [1ST for their service visits.

Note that water access only sites will be charged an additiona

6-0759, or mail: Waterloo Biofilter Systems, Submit it by email: service(waterloo-biofilter.com. fax: 519-85 P0 Box 400, Rockwood, ON. NOB 2K0. Digitally signed by I II,AI ‘ha JuliaGobran Date: 2020.07.21 k 15:30:37 -0400’ Accepted by Waterloo Biofilter Systems Inc.: Date: I I Vleff

Accepted by Owner (please sign):

Date: July 14, 2020 *Date of Occupancy/Anticipated System Startup Date:

Digitally signed by Jeff Bumstead Date: 202007.14

15:54:58 -0400’

November 2020 (estimated)

anticipated *The first service visit will be scheduled approximately 6-8 months after the pancy date changes it is the responsibility of the occupancy/system startup date. If the anticipated occu will be required to pay the annual service fee Owner to inform Waterloo Biofilter 5ystems Inc. The Owner up date results in a service visit taking place if failure to communicate a change in occupancy/system start Startup date is not completed by the before the system startup. If the Occupancy/Anticipated System ths after the date the contract is signed. Owner, then the first service visit will be scheduled 6-8 mon

Page 4 of S 1 Fax: 519-856-0759 143 Dennis Street PC Box 400, Rockwcod ON NOB 2KG I Tel: 519-856-0757 er.com -biorilt aterloo service@3watedoo-biofllter.corTI I www.w

Page 209 of 275

4% Waterloo BIOFILTER

Waterloo Biofilter Service Contract Payment Form Please complete the payment information below. Payment for annual service will be collected after each service visit has been completed. A copy of the maintenance report, invoice, and receipt will be e-mailed to the email address provided above. The cardholder agrees to pay the amount agreed upon in the contract. Waterloo Biofilter requires that a valid credit card be on file in order for services to be completed. Cardholder Name: Jeffrey Bumstead Cardholder Signature:

‘

DgftaIIy&9nedbyJeftBumsiead on: 2020,07.14 15:5:06 -0400

Card Number___________________________________ Expiration Date (mm/yy): CW:_____

Page 5 of 5 143 Dennis Street P0 Box 400, Rockwood ON NOB 2K0 I Tel: 519-856-0757 I Fax: 519-856-0759 service@waterloo-bioflfter.com I www.wawdoc-biofllter.com

Page 210 of 275

Page 211 of 275

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

August 10, 2020

Application No: Owner: Location of Property:

MV-14-20-S Andrew & Clare Maycock Part Lot 1, Concession 10, Part Block A and Lot 38 on Plan 544, being Parts 42 & 44 on Plan 13R16884, District of Storrington, Township of South Frontenac, municipally known as 1103 Heron Lane, Loughborough Lake. Purpose of Application: To vary Sections 5.8.2, 10.3.1 and 5.6.1 of the Township of South Frontenac Zoning Bylaw Date of Hearing: August 13, 2020 Recommendation: That provisional approval be: 

granted with conditions (attached) deferred denied

Purpose:

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

Official Plan Designation:

Zoning:

Rural

Limited Service Residential –Waterfront (RLSW)

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

Section 10.3.1: Waterbody Setback

Relief: To permit the construction of the above noted porch and carport with a minimum highwater mark setback of 20.4 metres (67 feet), whereas the By-law requires a 30 metre (98.4 feet) setback from the highwater mark for all buildings and structures. Relief: To permit the construction of the above noted porch and carport with a minimum highwater mark setback of 20.4 metres (67 feet), whereas the By-law requires a 30 metre (98.4 feet) setback from the highwater mark for all buildings and structures. Relief: To permit lot coverage of 7.4%, whereas the By-Law allows for a maximum of 5% lot coverage for the principal building.

Section 5.6.1: Setback from Private Lanes and Public Roads

Relief: To permit the construction of the above noted porch and carport with a minimum setback from the private lane / right-of-way of 4.3 metres (14 feet), whereas the By-Law requires a 5 metre (16.4 foot) setback for all buildings and structures.

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

Proposal An application for minor variance has been received, to permit the construction a 35.2 metre2 (378 feet2) carport attached to the existing garage and to construct a 17.48 metre2 (187.5 feet2) front porch both located on the lane side, on top of the existing asphalt apron and within the required highwater mark setback. The subject property is located on the north side of Heron Lane on the south shore of the west basin of Loughborough Lake, which is a highly sensitive trout lake. The topography of the site rises from the shoreline and levels near the rear of the dwelling and Heron Lane. The subject parcel is 0.93 acres (0.38 hectares) and contains a single detached dwelling, a boat house with wooden deck above and a shed. The proposed carport is approximately 5.5 metres x 6.4 metres (18 feet x 21 feet) and approximately 35.2 metre2 (378 feet2) in size. The carport is setback 20.4 meters (67 feet) from the high water mark of Loughborough Lake, 8 metres (26 feet) from the interior east lot line and 4.3 metres (14 feet) from Heron Lane. The proposed carport is located on existing asphalt. The proposed front porch is approximately 3.8 metres x 4.6 metres (12.5 feet x 15 feet) and approximately 17.48 metre2 (187.5 feet2) in size. The front porch is located on the lane side of the property, 5.49 metres (18 feet) from the lane and 3.7 metres (12 feet) from the interior side line to the west and approximately 20.4 metres (67 feet) from the high water mark of Loughborough Lake. The applicant has indicated that the front porch would include closets for coats and footwear and no additional plumbing is being proposed. The applicant also indicated that the carport would include a structural frame and a roof that would tie into the existing single car garage.

Agency Analysis and Comments Public Services – Public Services was not circulated as the subject property is located on a lane. Building Department –The Building Department has no objections to the application as presented. KFL&A Public Health – KFL&A Public Health was not circulated as there was no development proposed with regards to the septic system. Cataraqui Conservation – Cataraqui Conservation Staff have indicated that they have no objection to the application as presented based on their consideration for natural hazards, natural heritage, and water quality protection policies. Public Comments – At the time of the writing of this report, no written comments have been received from the public.

Page 213 of 275

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Planning Analysis Summary Under Section 45(1) of the Planning Act there are four tests a minor variance must meet. A variance may be authorized from the provisions of the zoning by-law, if, in the opinion of the Committee of Adjustment, the request meets all of the following tests:

Does the variance maintain the general intent and purpose of the Official Plan? a) The subject property is designated Rural in the Official Plan. As per Section 5.7, Lands designated Rural are characterized by a rural landscape which reinforces the historical relationship between Settlement Areas and the surrounding farm, rural and seasonal residential communities to which the Settlement Areas provide basic services. The amount and type of development in the Rural area shall be consistent with maintaining its rural, natural heritage and cultural landscape. As per Section 5.7.7, Limited service residential development is generally located in the Rural area of the Township on a body of water or a natural water course where the primary means of access is from a private road or a navigable waterway. Permitted uses include, single detached dwellings, seasonal residential dwellings, seasonal dwellings converted to permanent dwellings and home occupations. Furthermore, any proposed limited service residential development shall be designed to preserve as much as possible a site’s physical attributes, such as tree coverage, varying topography, scenic views, etc, for the benefit of future residents. 

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

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

The existing dwelling and other development on the subject property are entirely situated within the required 30 metre setback from the highwater mark of Loughborough Lake. The proposed carport and front porch are to be located on the rear of the dwelling, closest to the lane, and do not encroach closer to the water than existing development, therefore will not reduce the highwater mark setback any further. There are no reasonable alternatives for locating the development outside of the water setback area.

c) Section 5.2.8 Lake Trout Lakes identifies Buck Lake as a Highly Sensitive Lake Trout Lake. All development or site alterations proposed within 30 metres (98.4 feet) of the highwater mark require the submission of an Environmental Impact Assessment prepared in accordance with Section 5.2.11. This policy is consistent with Section 5.2.8 (a)(iv) Highly Sensitive Lake Trout Lakes which requires that minor variance applications be accompanied by an Environmental Impact Assessment in accordance with Section 5.2.11. 

The Township Staff and Cataraqui Conservation Staff did not require an Environmental Impact Assessment as the proposed development will be located outside of the erosion hazard limit and be setback a minimum of 6 metres from the regulatory floodplain of a waterbody. In addition the proposed development will be located on an existing asphalt apron. Page 214 of 275

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Does the variance maintain the general intent and purpose of the Zoning By-law? Consistent with Official Plan policy, Section 5.8 a) of Zoning By-law 2003-75 prohibits development within 30 metres (98.4 feet) of the highwater mark of a waterbody. Section 5.10.2 further describes that where a building is located within the 30 m setback from the highwater mark, it may be renovated or repaired provided that there is no enlargement of the structure, both in terms of floor area and height. Section 10 of the Zoning By-law details the permitted uses and zone regulations for limited service residential waterfront development, including maximum permitted lot coverage of 5% for principal dwellings. Section 5.6.1 of the Zoning By-law details setbacks from private lands and public roads to be a minimum of 5 metres (16.4 feet) from all private lanes. 

The intent of these zoning provisions is to maintain a shoreline buffer of 30 metres in an effort to preserve water quality of the Township’s waterbodies and waterways. The proposed variances conform to the general intent and purpose of the Zoning By-law, as the proposed garage is a located on the lane side of the dwelling, furthest away from the 30 metre setback from the highwater mark as possible. The subject property currently has a 5.99% lot coverage which will be increasing to 7.4% with the addition of a carport and the front porch. If the garage was detached it would be permitted to occupy up to 5% lot coverage. The carport and the front porch cover an area of the property that is already an impervious surface and the lot is constrained by the lane. The intent of the zoning by-law is to maintain a manageable size footprint of buildings on the subject property. Currently the house, the deck and the garage are connected which considers them to be part of the principal dwelling. The placement of the front porch meets the setback requirements of the Limited Service Residential – Waterfront zone, with the exception that it is closer to the side private lane than the minimum required 5 metres (16.4 feet). The proposed location is practical given that it is the furthest away from the water and is located in front of the existing garage.

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

The variances are desirable for the appropriate development of the land, as the proposed carport and front porch are consistent with the intended residential use of the property and are proposed within the only building envelope available on the property.

Is the variance minor? • The variances are minor, as there will be no negative impact on surrounding properties as a result of constructing a carport and a front porch at the proposed location on the property. The proposed carport and front porch are in a reasonable location for its purpose as they are being constructed on an already existing asphalt apron.

Conclusion It is recommended that the Committee of Adjustment received comments from the public and, pending comments received, approve minor variance application MV-14-20-S, subject to conditions.

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

The Minor variance is for the construction 35.2 metre2 (378 feet2) carport attached to the existing garage 4.3 metres (14 feet) from Heron Lane and to construct a 17.48 metre2 (187.5 feet2) front porch 5.49 metres (18 feet) from Heron Lane as per the drawings submitted with MV-14-20-S, attached to the Decision as Schedule “A”. Page 215 of 275

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

A building permit is required for ALL construction on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac.
Minor variance MV-14-20-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws. Submitted by: Anna Geladi, Planner, Township of South Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Date of Site Visit: July, 29 2020 Attachments: Map of the Maycock property

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J‘
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n Inset Map rL ipe Sa

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MV-14-20-S (Maycock) 1103 HERON LANE

Legend Subject Property Parcel Fabric Provincially Significant Wetlands

Wetland

ro He

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River/ Stream

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R ar d Ce

Waterbody

g id

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

Scale 1:1,087

Meters UTM Projection NAD 83

July 29, 2020

File: MV/FRS/138/2020

Sent by E-mail Ms. Claire Dodds, Director of Development Services Township of South Frontenac P.O. Box 100 Sydenham, Ontario K0H 2T0 Dear Ms. Dodds: Re:

Application for Minor Variance MV-14-20-S (Maycock) Part Lot 10, Concession 1; 1103 Heron Lane Loughborough District, Township of South Frontenac Waterbody: Loughborough Lake (West Basin)

Cataraqui Conservation staff have reviewed the above-noted application for minor variance and provide the following comments for the Committee of Adjustment’s consideration. The proposal involves the construction of a carport and a porch addition onto a dwelling on the subject property. The variance is requested to: • Reduce the required setback from the highwater mark from 30 metres, as required by Section 5.8.2.a) and Section 10.3.1 of the South Frontenac Zoning By-law, to 20.4 metres in order to permit the construction of an addition. Site Description The property is located on the north side of Heron Lane on the south shore of the west basin of Loughborough Lake. The topography of the site can be characterized as rising up quickly from the shoreline and then levelling out in the location of the rear of the dwelling and Heron Lane, then rising rapidly again toward the south. Currently, the property contains a single family dwelling and associated development. The property is currently designated as ‘Rural’ in the Official Plan and ‘Limited Service Residential - Waterfront’ (RLSW) in the Zoning By-law for South Frontenac Township.

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

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Page 2 of 4

The west basin of Loughborough Lake is designated at a highly sensitive Lake Trout lake in the Official Plan. Discussion The main interest of Cataraqui Conservation in this proposal is the protection of water quality of Loughborough Lake and the avoidance of natural hazards (e.g. flooding and erosion) associated with the shoreline of the lake. Natural Hazards Flooding: The highest recorded water level for Loughborough Lake is 125.03 metres geodetic. For Loughborough Lake, the highest recorded water level is used in lieu of an engineered flood plain. Cataraqui Conservation’s Environmental Planning Policy (April 2015) requires all development and site alteration to be setback a minimum of 6 metres from the regulatory floodplain of a waterbody. Based upon elevation mapping data, the development proposal complies with this policy. Erosion: Section 5.8.2.b) of the Zoning by-law requires that no building or structure or septic tank installation shall be located within 15 metre horizontal of the top of bank of any embankment, the slope of which is greater than 30% from horizontal. Cataraqui Conservation defines the extent of potential erosion hazards to include an allowance for toe erosion (estimated to be 2 metres), a stable slope allowance for till shorelines of 3(h):1(v) (estimated to be 9 metres), plus an erosion access allowance of 6 metres. Therefore, the erosion hazard limit extends 17 metres inland from the stable toe of slope. Staff note that the proposed development will be located outside of the erosion hazard limit. Staff have no concerns with the proposal from a natural hazards perspective. Water Quality The Official Plan recognizes the need to minimize lake impacts by reducing phosphorous inputs, preventing erosion and maintaining natural appearances. Accordingly, policies have been included that can vary the setback from the highwater mark from 30 to 90 m depending on the site characteristics such as steepness of slope, vegetation cover, soil depth and soil phosphorus retention. Section 5.2.7 (b)(ii)(3) of the Official Plan indicates that a reduction from the setback may only be considered if it is not physically possible or environmentally desirable to meet the 30 m setback requirement, and that there will be no negative impacts to fish habitat or water quality. Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

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Staff recognize that the existing residential dwelling is in non-compliance with the current zoning by-law for the Township of South Frontenac and is entirely situated within the required 30 metre setback from the highwater mark of Loughborough Lake. The proposed construction of the proposed additions onto the structure will therefore also be within the water setback. Similarly to the Official Plan, Cataraqui Conservation’s Environmental Planning Policy considers new development within the 30 metre water setback area only if there are no reasonable alternatives for locating the development outside of the water setback area, the development is no closer to the water than existing buildings or structures on the property, and is set back as far as possible from the water in all directions, complies with the maximum lot coverage provisions of the Zoning By-law, and suitable methods to minimize negative impacts to water quality are incorporated into the development. The proposed additions are to be constructed on the rear / road side of the dwelling, do not encroach closer to the water than existing development, the setback is as far back from the water as is reasonably possible due to site constraints (e.g. Heron Lane) and complies with lot coverage provisions of the zoning by-law. Also, although Section 5.2.8 requires the submission of an Environmental Impact Assessment (EIA), it is the opinion of staff that an EIA is not required in this instance due to the mitigating factors noted above. In addition, staff note that Section 5.2.8 of the Official Plan requires that development adjacent to a sensitive lake trout lake will be subject to site plan control. Staff recommend that as part of site plan control, that roof runoff be directed away from the lake, and that the area between the dwelling and the lake be maintained as a vegetated buffer. Recommendation Staff have no objection to the approval of application MV-14-20-S based on our consideration for natural hazards, natural heritage, and water quality protection policies. Ontario Regulation 148/06 Please note that a portion of the property is subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, which is administered by Cataraqui Conservation. The purpose of the Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

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regulation is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected by natural hazards, such as flooding and erosion, and that the changes do not put other properties at greater risk from these hazards. The proposed additions will require a permit from Cataraqui Conservation prior to development taking place. Please inform this office of any decision made by the Committee with regard to this application. If you have any questions, please contact the undersigned at 613-546-4228 ext. 244, or by e-mail at aschmidt@crca.ca.

Yours truly,

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

Andrew & Clarke Maycock, applicants (via e-mail) Anna Geladi, South Frontenac Township (via e-mail) Michelle Hannah, South Frontenac Township (via e-mail)

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

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Report Date:

August 10, 2020

Application No: Owners: Location of Property:

MV-18-20-P Jim & Jen McNeely Part of Lot 8, Concession 11, District of Portland, Township of South Frontenac, municipally known as 1124 Storms Lane, Verona Rock Lake Purpose of Application: To vary Sections 5.8.2(a) & 10.3.2 of the Township of South Frontenac Zoning By-law Date of Hearing: July 9, 2020 Recommendation: That provisional approval be: 

granted with conditions (attached) deferred denied

Purpose:



zoning relief for construction of a new building zoning relief for replacement of an existing building zoning relief for other

Official Plan Designation:

Zoning:

Rural & Environmental Protection

Limited Service Residential – Waterfront (RLSW)

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

Relief: To permit the construction of a detached garage with a highwater mark setback of 16 metre (52.5 feet), whereas the Zoning By-law requires a minimum 30 metre (98.4 feet) setback from the highwater mark for all buildings and structures.

Section 10.3.2: High water Mark Setback

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Proposal An application for minor variance was received to permit the construction of a 67 square metre (720 square foot) accessory building (one-storey detached garage) 14.9 metres (49 feet) from the highwater mark of Verona Rock Lake. Since the application was submitted, the proposed setback from the new garage to the highwater mark of Verona Rock Lake was revised to 16 metres (52.5 feet). The revised setback reflects a more accurate delineation of the highwater mark on the property. The proposed location of the garage is the only location on the 0.3 hectare (0.7 acre) lot that would not infringe on the existing power line, septic system and well. The proposed garage would be set back farther from the highwater mark than the existing single detached dwelling. The applicants have removed an existing wooden shed, and will remove a second shed, that overlap with the proposed location of the garage. An existing 35.7 square metre (384 square foot) shed will remain in its current location in the southeast corner of the property.

Agency Analysis and Comments Public Services Department – Public Services was not circulated the application as the property is located on a private lane. Building Department – The Building Department has no objections to the application as presented and will review the detailed building plans through the Building Permit process, should the application be approved. KFL&A Public Health – KFL&A Public Health was not circulated the application as the garage would not contain plumbing fixtures and would not be in proximity to the existing septic system. Quinte Conservation – Quinte Conservation staff completed a floodplain survey on the property, and are satisfied that there is room for the proposed garage outside of the flood hazard. They have no objection to the application as presented. Public Comments – At the time of the writing of this report, one written comment was received from adjacent landowners. The landowners supported the proposed garage.

The proposed variances maintain the general intent and purpose of the Official Plan as the proposed garage is consistent with the permitted residential use of the property. The proposed garage is located outside of the Environmental Protection designation on the property. The Environmental Protection designation corresponds with the 1:100 year floodplain of Verona Rock Lake.

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

The proposed variances maintain the general intent and purpose of the Zoning By-law as the proposed garage (accessory building) is a permitted use on the subject property, it would not exceed the maximum lot coverage permitted for accessory buildings, and the 2 Page 231 of 275

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT proposed location complies with the setback requirements of the RLSW zone, with the exception of the reduced front yard and high water mark setback. The proposed garage would be set back farther from the highwater mark than the existing single detached dwelling. The proposed location and orientation of the detached garage is practical on the subject property. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? •

The variances are desirable for the appropriate development of the subject property, as a detached garage would be accessory to the existing single detached dwelling. The proposed garage would be set back farther from the high water mark than the existing single detached dwelling. The proposed location of the garage is the only location on the lot that would not infringe on the existing power line, septic system and well, and would avoid a hill.

Is the variance minor? •

The variances are minor as there will be no negative impact on the lake and on surrounding properties as a result of constructing the garage at the proposed location on the property. The proposed garage is in a reasonable location for its purpose.

Conclusion It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-18-20-P, subject to conditions.

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

The minor variance is for the construction of a 67 square metre (720 square foot) one-storey detached garage to be constructed to the south of the existing single detached dwelling, as per the drawings submitted with MV-18-20-P. The garage will be located a minimum of 16 metres (52.5 feet) from the high water mark of Verona Rock Lake.
A building permit is required for ALL construction on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac.
Minor variance MV-18-20-P is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws. Submitted by: Christine Woods, MCIP RPP, Senior Planner Approved by: Claire Dodds, MCIP, RPP, Director of Development Services Date of Site Visit: June 24, 2020 Attachment: Map of the McNeely property

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Page 241 of 275

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Q U I NT E C O NS ER V AT I O N - P L AN N I NG A C T R EV I EW QC File No. PL0136-2020 Municipality:

Township of South Frontenac

Owner

Jim & Jen McNeely

Location:

1124 Storms Lane

Roll #:

10290800501160000000

Application Description:

Minor Variance File No. MV-18-20-P

Feature:

Verona Lake & associated unnamed wetland

Lot 8, Concession 11

Portland

Provide relief of the 40m setback for new garage

Comments:

Ontario Regulation #319/09 (Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses The subject lands lie within the regulated area of Verona Lake and the unnamed wetland (by virtue of Ontario Regulation #319/09 – Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses). Please note that the owners will need to apply to the Conservation Authority for a permit prior to development (construction / filling/ excavation/ site grading) within 45 metres of the 1:100 year floodplain of Verona Lake and within 120meters of the unnamed wetland. There will be a fee associated with the permit application. The permit fee is separate from the fee required for this planning application. Quinte Region Source Protection Plan Quinte Conservation provides Risk Management services as prescribed by the Clean Water Act, 2006 on behalf of member municipalities. Part of this is reviewing building and planning applications to ensure no new significant drinking water threats as outlined in the Quinte Region Source Protection Plan are created. Policies for significant threats in the Quinte Region Source Protection Plan are not applicable as the subject property lies outside of an intake protection zone or wellhead protection area for a municipal drinking water system. As such no Section 59 Clearance Notice is required. Planning Act - Natural Heritage policies of the Provincial Policy Statement Section 2.1 of the Natural Heritage policies of the Provincial Policy Statement protects features including (but not limited to); Provincially Significant Wetlands, significant woodlands and significant Areas of Natural and Scientific Interest. The subject lands do not lie within a Provincially Significant Wetland, or within an Area of Natural and Scientific Interest.

Final Comments:

Quinte Conservation has no objection to the application as presented. Staff completed a site visit on July 15, 2020 to survey the 1:100 year floodplain of Verona Lake and are satisfied that there is room for the proposed garage outside of the flood hazard.

July 23, 2020 Date

Elizabeth Lowe Planning and Regulations Technician

Sharlene Richardson Regulations Officer Page 1 of 1

Page 242 of 275

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT

Report Date:

August 10, 2020

Application No: Owner: Location of Property:

MV-20-20-S Kevin Peacock Part of Lot 14, Concession 8, District of Storrington, Township of South Frontenac, municipally known as 4080 Hideaway Lane, Dog Lake Purpose of Application: To vary Sections 5.8.2(a), 10.3.1 & 10.3.2 of the Township of South Frontenac Zoning By-law Date of Hearing: August 13, 2020 Recommendation: That provisional approval be: 

granted with conditions (attached) deferred denied

Purpose:



zoning relief for construction of a new building



zoning relief for replacement of an existing building zoning relief for other

Official Plan Designation:

Zoning:

Rural

Limited Service Residential – Waterfront (RLSW)

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

Relief: To permit the construction of a single detached dwelling with a minimum setback of 12.8 metres (42 feet), and a storage shed with a minimum setback of 22.2 metres (73 feet) from the highwater mark of Dog Lake, whereas the Zoning By-law requires a minimum 30 metre (98.4 feet) setback from the highwater mark for all buildings and structures.

Section 10.3.1: Front Yard and High water Mark Setback (Dwelling)

Relief: To permit the construction of a single detached dwelling with a minimum front yard depth and highwater mark setback of 12.8 metres (42 feet), whereas the Zoning By-law requires a minimum 30 metre (98.4 feet) front yard and setback from the highwater mark for the principal dwelling.

Section 10.3.2: High water Mark Setback (Storage shed)

Relief: To permit the construction of a storage shed with a minimum setback of 22.2 metres (73 feet) from the highwater mark, whereas the Zoning Bylaw requires a minimum 30 metre (98.4 feet) setback from the highwater mark for all accessory buildings and structures.

Review: This application for a variance:  Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act); 1 Page 243 of 275

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT  Maintains with the general intent and purpose of the County of Frontenac Official Plan;  Maintains with the general intent and purpose of the Township of South Frontenac Official Plan;  Maintains with the general intent and purpose of the Township of South Frontenac Zoning By-law 2003-75 (or will subject to approval for the minor variance);  Is desirable for the appropriate development of the land, building or structure in question; and  Is minor.

Proposal An application for minor variance was received to permit the construction of a single detached dwelling with an attached deck within the required 30 metre setback from the highwater mark and the required 30 metre front yard, as well as a storage shed within the required 30 metre setback from the highwater mark. The subject property is approximately 0.93 hectares (2.3 acres) in area and has water frontage on Dog Lake along its southern and eastern property lines. The property contains an existing 69 square metre (744 square foot) cottage with 1.9 square metre (20 square foot) attached deck and an 8.9 square metre (96 square foot) shed. The existing cottage and shed are located on a rock outcrop that slopes toward the lake and inland to the north. The applicant proposes to demolish the existing cottage and deck, and to construct a new one-storey dwelling with attached L-shaped deck in the same location of the existing cottage. The dwelling will be 110.4 square metre (1188 square foot) in area and the deck will be 25.1 square metre (270 square foot) in area. The dwelling height would be 0.6 metres (2 feet) greater than that of the existing cottage. The proposed dwelling and attached deck would maintain the minimum 12.8 metre (42 foot) high water mark setback and front yard depth of the existing cottage. The application indicates that the dwelling will have a minimum 14.3 metre (47 foot) setback from the highwater mark and the attached deck will have a minimum 12.8 metre (42 foot) setback from the highwater mark. The proposed 29.7 square metre (320 square foot) storage shed would be located in a depression on the inland side of the rock outcrop and at the foot of a ridge that runs most of the length of the property, at least 22.2 metres (73 feet) from the high water mark at the eastern shoreline. The total lot coverage for all buildings on this property will be 1.6%. A new septic system would be located at the north end of the property, a minimum of 30 metres from the high water mark and a minimum of 15 metres from a wetland.

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT applications that are adjacent to the Rideau Canal within the Cataraqui Watershed. The RWDRT offered no objection to the approval of the application based on its consideration for natural hazard, natural and cultural heritage, and water quality and quantity protection policies. Public Comments – At the time of the writing of this report, no written comments had been received from the public.

The proposed variances maintain the general intent and purpose of the Official Plan as the proposed dwelling and storage shed are consistent with the permitted residential use of the property, and the character of Hideaway Lane.

•

The existing substandard sewage disposal system would be replaced with a new septic system that would be located at the north end of the property, a minimum of 30 metres from the highwater mark and a minimum of 15 metres from a wetland. A variance is not required for the replacement of an existing substandard system.

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

The proposed variances maintain the general intent and purpose of the Zoning By-law as the proposed dwelling and storage shed (accessory building) are permitted uses on the subject property, are within the maximum lot coverage permitted, and the proposed locations comply with the setback requirements of the RLSW zone, with the exception of the reduced front yard and highwater mark setback. The proposed dwelling would maintain the minimum 12.8 metre (43 foot) high water mark setback and front yard depth of the existing cottage. The proposed locations and orientation of the dwelling and storage shed are practical given the physical characteristics of the property.

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

The variances are desirable for the appropriate development of the subject property, as the proposed dwelling is consistent with the residential use of the property and the proposed dwelling is located in the same general area as the existing cottage. The proposed dwelling would be located on the general footprint of the existing cottage in an area of exposed bedrock and shallow soils. The forested ridge behind the dwelling would be maintained. The storage shed would be accessory to the dwelling. The shed would be located in a depression on the inland side of the rock outcrop and at the foot of the ridge, and would not be visible from the water.

Is the variance minor? •

The variances are minor as there will be no negative impact on the lake and on surrounding properties as a result of constructing the dwelling and storage shed at the proposed locations on the property. The proposed buildings are in reasonable locations for their purpose.

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Conclusion It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-20-20-S, subject to conditions.

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

The minor variance is for the construction of a 110.4 square metre (1188 square foot) dwelling with a 25.1 square metre (270 square foot) attached deck. The dwelling will have a minimum 14.3 metre (47 foot) setback from the high water mark and front yard depth and the attached deck will have a minimum 12.8 metre (42 foot) setback from the high water mark and front yard depth, as per the drawings submitted with MV-20-20-S, attached to the Decision as Schedule “A”.
The applicant is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township prior to the issuance of a building permit: a. The use of appropriate erosion control measures (e.g. silt fence, straw bales) during construction. b. Maintaining existing trees and vegetation as a natural buffer and so the dwelling will blend in with the surrounding landscape. c. The removal of any excavated materials from the site so that it is not used as fill within 30 metres of the lake. d. Roof runoff will be directed away from the shoreline of Dog Lake. e. Proper decommissioning of the existing septic system.
A building permit is required for demolition of the existing cottage and for all construction on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac.
Minor variance MV-20-20-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws. Submitted by: Christine Woods, MCIP RPP, Senior Planner Approved by: Claire Dodds, MCIP, RPP, Director of Development Services Dates of Site Visit: May 29, 2020 August 10, 2020 Attachment: Map of the Peacock property

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July 31, 2020

File: MV/FRS/139/2020

Sent by E-mail Ms. Claire Dodds, Director of Development Services Township of South Frontenac P.O. Box 100 Sydenham, Ontario K0H 2T0

Dear Ms. Dodds: Re:

Application for Minor Variance MV-20-20-S (Peacock) Lot 14, Concession 8; 4080 Hideaway Lane Storrington District, Township of South Frontenac Waterbody: Dog Lake

The Rideau Waterway Development Review Team (RWDRT), made up of staff from Cataraqui Conservation and Parks Canada, has reviewed the above-noted application for minor variance, and provide the following comments for the Committee of Adjustment’s consideration. The property was visited by Cataraqui Conservation staff on July 30, 2020. Summary of the Proposal The proposal involves the re-construction of a dwelling with a larger footprint than the existing dwelling and a storage shed on the subject property. The variance is requested to: • Reduce the required setback from the highwater mark from 30 metres, as required by Section 5.8.2.a) of the South Frontenac Zoning By-law, to 12.8 metres in order to permit the construction of a new residence and deck. • Reduce the required setback from the highwater mark from 30 metres, as required by Section 5.8.2.a) of the South Frontenac Zoning By-law, to 22.25 metres in order to permit the construction of a shed. Site Description The property is located on west shore of Dog Lake, south of Hideaway Lane. The topography of the property can be described as rising relatively quickly from the shoreline up to a plateau area where the existing cottage is situated, then continuing to rise up toward the west. Drainage is primarily west to east on the property with some of the land draining in a southerly direction. The property is designated ‘Rural’ in the Official Plan and zoned ‘Limited Service Residential Waterfront’ (RLSW) in the implementing Zoning By-law.

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Ms. Dodds (MV-20-20-S) July 31, 2020

Discussion The main interests of the RWDRT in this application are the avoidance of natural hazards (e.g. flooding and erosion) associated with the shoreline of Dog Lake, the protection of the water quality of the lake, and the conservation of the cultural and natural heritage and scenic values of the Rideau Canal National Historic Site and UNESCO World Heritage Site. Natural Hazards Flooding: The maximum recorded water level for Dog Lake is 98.95 metres geodetic. For Dog Lake, the highest recorded water level is used in lieu of an engineered flood plain. Cataraqui Conservation’s Guidelines for Implementing Ontario Regulation 148/06 (see description below) requires that all development be set back a minimum of 6 metres from the regulatory floodplain of a waterbody. Based upon elevation mapping data and site observations, staff note that the proposed development will be located outside of the setback from the regulatory flood plain. Erosion: Section 5.8.2.b) of the Zoning by-law requires that no building or structure or septic tank installation shall be located within 15 metre horizontal of the top of bank of any embankment, the slope of which is greater than 30% from horizontal. Cataraqui Conservation policy defines the extent of potential erosion hazards to include an allowance for toe erosion, a stable slope allowance for bedrock shorelines of 1(h):1(v), plus an erosion access allowance of 6 metres. Based upon elevation mapping data and site observations, staff note that the proposed development will be located outside of the erosion hazard allowance as defined by the Cataraqui Conservation. Water Quality Section 5.8.2 (1.) of the Zoning By-Law for South Frontenac Township suggests that a 30 metre setback from the highwater mark is required to be maintained as a buffer in order to protect water quality. The Official Plan also requires that this buffer area be maintained as a natural vegetative buffer strip adjacent to the water’s edge to filter pollutants from runoff. Similarly, Cataraqui Conservation’s Environmental Planning Policy (April 2015) recommends that new development and site alteration, including septic system tile fields and open or enclosed decks/patios attached to the main dwelling, be set back a minimum distance of 30 metres from the high water mark of a waterbody. However, Cataraqui Conservation’s Environmental Planning Policy also suggests that new development within the water setback may be considered when there are no reasonable alternatives for locating the development outside of the water setback area, the development is no closer to the water than existing buildings or structures on the property the development complies with the maximum lot coverage provisions of the Zoning By-law, and suitable methods to minimize negative impacts on water quality are incorporated into the development. The proposed development is being set back as far as possible because of site constraints caused by a large rock outcrop that is located behind the existing cottage and proposed shed location. Also, the proposed development is no closer to the water than existing development, and the proposal complies with the maximum lot coverage provisions contained in the zoning by-law. Staff recommend that roof runoff be directed away from the lake if possible.

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Page 2 of 4

Ms. Dodds (MV-20-20-S) July 31, 2020

Rideau Canal National Historic Site and UNESCO World Heritage Site Similarly, RWDRT staff strive to preserve and enhance the cultural, natural and scenic values of the national historic site and world heritage site so that all Canadians can enjoy this legacy into the future. This can be achieved through the maintenance of a natural shoreline, the maintenance and enhancement of vegetation on the property, development which complements the visual character of the landscape, and the maintenance of a minimum 30 metre setback of all development from the water. In this instance, the proposal involves the replacement and enlargement of an existing development that is going no closer to the water, and the addition portion will be located largely at the rear of the dwelling so as not to interfere with the visual character of the landscape. The proposed shed will be located in a heavily treed area and cannot be observed from the water. The use of building materials and colours for the replacement dwelling that blend in with the surrounding landscape are encouraged. Earth tones and neutral colours are recommended for the finished exterior of the dwelling. Reflective materials, such as galvanized and bare metals, particularly for roof coverings and support structures, are discouraged. The height of the dwelling should not exceed the top of the trees surrounding dwelling. Recommendation RWDRT staff have no objection to the approval of application MV-20-20-S based on our consideration for natural hazards, natural and cultural heritage, and water quality and quantity protection policies. Regulatory Requirements The Parks Canada Rideau Canal Office is an approval authority for in-water and shoreline works along the Canal waterway. If the landowner wishes to carry out any new in-water and shoreline works for shoreline access, including but not limited to docks, decks, boathouses, launch ramps, beaches, dredging and shoreline stabilization devices, the Rideau Canal Office must be contacted. Written approval must be obtained prior to the commencement of construction. Work must adhere to the Rideau Canal’s Policies for In-water and Shoreline Works and Related Activities. Parks Canada/Rideau Canal permitting staff can be reached by contacting Debbie Farmer, A/ Real Property Officer, Ontario Waterways (Debbie.Farmer@Canada.ca ,Tel: 705-750-4923). Also, please note that a portion of the property is subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, which is administered by Cataraqui Conservation. The purpose of the regulation is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected by natural hazards, such as flooding and erosion, and that the changes do not put other properties at greater risk from these hazards. Within a regulated area, written permission must be obtained from Cataraqui Conservation prior to development taking place. Please inform this office of any decision made by the Committee with regard to this application. If you have any questions, please contact the undersigned at 613-546-4228 ext. 244, or by e-mail at aschmidt@crca.ca

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Page 3 of 4

Ms. Dodds (MV-20-20-S) July 31, 2020

Yours truly,

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

Kevin Peacock, applicant (via e-mail) Christine Woods, South Frontenac Township (via e-mail) Anna Geladi, South Frontenac Township (via e-mail) Michelle Hannah, South Frontenac Township (via e-mail) Craig Cunningham, Parks Canada, (via e-mail)

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

August 5, 2020

Application No: Owner: Location of Property:

MV-23-20-L Andrew Soaft Part Lot 1, Concession 7, being Part 2 on Plan 13R7923, District of Loughborough, Township of South Frontenac municipally known as 3130 Freeman Road. Purpose of Application: To vary Section 5.24.2 and 7.3.2 of the Township of South Frontenac Zoning Bylaw Date of Hearing: August 13, 2020 Recommendation: That provisional approval be: 

granted with conditions (attached) deferred denied

Purpose:

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

Official Plan Designation: Rural

Zoning: RU - Rural

Zoning Relief Requested: Section 5.24.2: Accessory Buildings

Section 7.3.2: Rural Zone

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

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REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Proposal An application for minor variance has been received to permit the construction of an accessory building (detached garage) within the projected front yard of the subject property and situated at 1.5 metres (5 feet) from the side lot line which is less than the minimum 3 metre (9.8 feet) setback from the side lot line required in the Rural zone. The subject property is located on the north side of Freeman Road and is municipally known as 3130 Freeman Road. The subject parcel is 0.42 hectares (1.03 acres) and has a 67 meter2 (720 feet2) single detached dwelling on the property. The proposed detached garage is 7.3 metres x 9.1 metres (24 feet by 30 feet) and approximately 67 metres2 (720 feet2) in size. The proposed garage is single storey with a height of approximately 5.8 metres (19 feet), has a front yard setback of 22.7 metres (74.5 feet) to Freeman Road, and a side yard setback of 1.5 metres (5 feet) to the interior lot line to the east property line. The garage will be approximately 14 metres (46.5 feet) from the proposed dwelling. The applicant and their agent have indicated that due to the location of the dwelling, the well and the septic system/weeping bed, and driveway, locating the accessory garage to the rear of the dwelling is not possible. The applicant and their agent have also included a letter of support from the neighbour to the east of the subject property indicating that the neighbouring landowner is in agreement with the proposed location of the detached garage and have no concerns with the 1.5 metre reduction in the side yard consistent with this minor variance application.

Agency Analysis and Comments Public Services Department – Public Services has no concerns regarding the application. KFL&A Public Health – No development is proposed in proximity to the septic system for this minor variance application, therefore KFL&A Public Health was not circulated. The Application for Review of Performance Level will have to be completed before a building permit is issued by the Township. Cataraqui Region Conservation Authority – Given the location and scope of the proposed development, CRCA confirmed that circulation was not required. Public Comments – At the time of the writing of this report, one comments have been received from the public.

Does the variance maintain the general intent and purpose of the Official Plan? The subject property is designated Rural in the Official Plan. As per Section 5.7, Lands designated Rural are characterized by a rural landscape which reinforces the historical relationship between Settlement Areas and the surrounding farm, rural and seasonal residential communities to which the Settlement Areas provide basic services. The amount and type of development in the Rural area shall be consistent with maintaining its rural, natural heritage and cultural landscape. As per Section 5.7.7, limited service residential development is generally located in the Rural area of the Township on a body of water or a natural water course where the primary means of access is from a private road or a navigable waterway. Permitted uses include, single detached dwellings, seasonal residential dwellings, seasonal dwellings converted to permanent dwellings and home occupations. •

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

Does the variance maintain the general intent and purpose of the Zoning By-law? Page 264 of 275

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Section 7 of the Zoning By-law details the permitted uses and zone regulations for rural development, including those regulations applicable to accessory buildings not attached to the principal building, which requires that building setbacks be a minimum of 3 metres (9.8 feet). Section 5.24.2 of the Zoning By-law details the permitted location of an accessory building to be erected to the rear of the projected front or exterior side wall of the main building. •

The variance conforms to the general intent and purpose of the Zoning By-law as the location of the garage complies with the setback requirements of the Rural zone, with the exception that it is proposed within the projected front yard of the subject property and that it is closer to the side lot line than the minimum required 3 metres (9.8 feet). The proposed location of the detached garage is adjacent to the proposed driveway which is located on the eastern side of the property and generally follows the natural topography of the site. There is no opportunity to locate the proposed garage within the side or rear yard of the proposed dwelling, as that is where the septic system is located.

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

The variance is desirable for the appropriate development of the subject property, as a detached garage is accessory to the proposed single detached dwelling. It is located a suitable distance from the front property line and the neighbour to the east of the property is agreeable to the encroachment of the garage to the property line.

Is the variance minor? •

The variance is minor as it will not cause any negative impacts as a result of its location within the projected front yard. The proposed garage does not exceed the maximum lot coverage for accessory structures and complies with the maximum permitted height of 5.8 metres (19 feet). The garage is able to maintain over 20m setback from Freeman Road.

Conclusion It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-23-20-L, subject to conditions.

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

The Minor variance is for the construction of a one-storey detached garage of 67 metres2 (720 feet2) and a single storey with a height of 5.8 metres (19 feet), to be constructed to the southwest of the proposed single detached dwelling, as per the drawings submitted with MV-23-20L.The garage will be located a minimum of 22.7 metres (74.5 feet) from the front property line, at least 1.5 metres (5 feet) from the west interior side lot line.
A building permit is required for ALL construction on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac.
Minor variance MV-23-20-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws. Submitted by: Anna Geladi, Planner, Township of Frontenac Approved by: Claire Dodds, MCIP, RPP, Director of Development Services, Township of South Frontenac Date of Site Visit: August 4, 2020 Page 265 of 275

REPORT TO COMMITTEE OF ADJUSTMENT PLANNING DEPARTMENT Attachments: Map of the Soaft property

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Driveway

117

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Ai r

Knowlton Lake Rd

Vanluve n Rd

dary Rd Lough borough Portland Boun

Jamieson Rd

ale Ln

Inset Map

Freeman Rd

MV-23-20-L (Soaft) (Deming) 3130 FREEMAN RD

Legend Subject Property Parcel Fabric Provincially Significant Wetlands Wetland

River/ Stream Waterbody

Fre e m a n Rd

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Scale 1:1,700

0 5 10

Meters UTM Projection NAD 83

REPORT TO COMMITTEE OF ADJUSTMENT DEVELOPMENT SERVICES DEPARTMENT AGENDA DATE:

August 13, 2020

REPORT DATE:

August 7, 2020

SUBJECT:

Decisions on Delegated Consents

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

S-03-20-L (Owner & Applicant) Dianne & Rodney Maxam

Location: Part Lot 22, Concession 10, being Parts 3 & 7 on Plan 13R12105 and Parts 2 & 3 on Plan 13R18104, District of Loughborough, Township of South Frontenac, municipally known as Maple Leaf Road. This undisputed consent was granted provisional consent on July 2, 2020. The purpose and effect of this application is for the creation of a new residential lot. The proposed land to be severed is approximately 1.063 hectares (2.63 acres) of vacant land. The land to be retained is approximately 22 hectares (54.36 acres) consisting of vacant land. ATTACHMENTS: None Submitted by:

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

Approved by:

Claire Dodds Director of Development Services

Natural, Vibrant and Growing – a Progressive Rural Leader” Page 275 of 275

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