Body: Committee of Adjustment Type: Minutes Meeting: Committee Date: February 13, 2020 Collection: Council Minutes Municipality: South Frontenac
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Minutes of Committee Of Adjustment February, 13, 2020 Time: 7:00 PM Location: Council Chambers Meeting # 01 Present: Alan Revill, Mike Nolan, Ray Leonard, Tom Bruce, Norm Roberts, Ken Gee, Randy Ruttan and Mike Howe Staff:Tess Gilchrist, Contract Planner, Michelle Hannah, Planning Assistant, Claire Dodds, Director of Development Services 1
Call to Order
2
Appointment
a)
Appointment of Committee of Adjustment Chair Claire asked if there were any recommendations for the committee chair from the committee. Norm Roberts nominated Alan Revill for the position of Committee Chair Person. Motion was seconded by Ray Leonard. Resolution No. 2013-14-2 Moved by Norm Roberts Seconded by Ray Leonard The the Township of South Frontenac Committee of Adjustment hereby appoints Alan Revill in the position of Chairperson. Carried
b)
Appointment of Committee of Adjustment Vice-Chair Claire asked if there were any recommendations for the Committee of Adjustment Vice-Chair. Ray Leonard recommended Norm Roberts for the position of Committee of Adjustment Vice-Chair. This motion was seconded by Ken Gee. Resolution No. 2013-14-3 Moved by Ray Leonard Seconded by Ken Gee THAT the South Frontenac Township Committee of Adjustment hereby appoints Norm Roberts in the position of Vice-Chairperson. Carried
c)
Appointment of Committee of Adjustment Deputy Secretary-Treasurer Resolution No. 2013-14-4 Moved by Mike Howe Seconded by Randy Ruttan THAT the Township of South Frontenac Committee of Adjustment hereby appoints Claire Dodds, Director of Development Services, as Deputy SecretaryTreasurer to the Committee of Adjustment. Carried
3
Adoption of Agenda
a)
Adoption of the February 13, 2020 Township of South Frontenac Committee of Adjustment meeting Agenda.
Minutes of Committee Of Adjustment February, 13, 2020 Resolution No. 2013-14-5 Moved by Randy Ruttan Seconded by Mike Howe THAT the South Frontenac Township Committee of Adjustment hereby adopts the agenda for the February 13, 2020 Committee of Adjustment meeting. Carried 4
Declaration of pecuniary interest
a) Randy Ruttan declared a pecuniary interest for matter MV-41-19-L 5
Approval of Minutes – December 12, 2019
a)
Approval of the Township of South Frontenac Committee of Adjustment December 12, 2019 meeting Minutes. Resolution No. 2013-14-6 Moved by Randy Ruttan Seconded by Mike Howe THAT the Township of South Frontenac Committee of Adjustment hereby approves the minutes of the December 12, 2019 meeting of the Committee. Carried
6
Consent Applications:
a)
S-30-19-S (Taite) Location: Part Lot 19 & 20, Concession 3, District of Storrington, Township of South Frontenac, municipally known as 4297 Perth Road. Purpose of Application: Consent for conveyance of a lot addition of 0.6 acres (0.24 hectares) of vacant land from the subject property to enlarge a developed lot municipally known as 3829 Greenfield Road. The retained lands will be approximately 86.73 acres (35 hectares) in area with the required road frontage along Perth Road and Greenfield Road. The planner delivered the planning report to the committee K Gee – looked at the site and if you look at the diagram it is just evening it up and it makes perfect sense to have this completed. Resolution No. 2013-14-7 Moved by Ken Gee Seconded by Norm Roberts THAT the Township of South Frontenac Committee of Adjustment hereby approves Consent Application S-30-19-S by Ruth & Ron Taite to convey a lot addition located at Part Lot 19 & 20, Concession 3, District of Storrington, Township of South Frontenac, municipally known as 4297 Perth Road, consisting of 0.6 acres (0.24 hectares) of vacant land from the subject property to be merged with an adjacent property municipally known as 3829 Greenfield Road, subject to conditions. Carried
b)
S-31-19-S (Stand Fast Homes Ltd.) Location: Part Lot 7, Concession 9, being part 1 on Plan 13R1524 District of Storrington, Township of South Frontenac, Larry York Road and Keller Road. Purpose of Application: Consent for the creation of one new residential lot consisting of approximately 0.827 hectares (2.044 acres) with approximately 76.20 metres (250 feet) of road frontage on Keller Road and a depth of approximately 158.340 metres (519 feet) from a vacant property. The retained lands will be approximately 1.066 hectares (2.634 acres) in area with approximately 72.130 metres (236.6 feet) of frontage along Keller Road and Larry York Road.
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Minutes of Committee Of Adjustment February, 13, 2020 The planner advised that this matter is recommended for deferral to allow KFL&A Public Health staff to perform a site inspection and provide comments. Resolution No. 2013-14-8 Moved by Norm Roberts Seconded by Ken Gee THAT the Township of South Frontenac Committee of Adjustment hereby defers making a decision on Consent application S-31-19-S to provide additional time for KFL&A Public Health Staff to complete their site inspection to determine suitability to install an on-site sewage disposal system. Carried c)
S-32-19-P (Taylor) Location: Part Lot 11, Concession 5, District of Portland, Township of South Frontenac, Bradford Road. Purpose of Application: Consent for the creation of a new residential lot consisting of approximately 0.8 hectares (2 acres) with approximately 76 metres (250 feet) of frontage on Bradford Road and a depth of approximately 83 metres (272 feet) from a vacant property. The retained lands will consist of approximately 46.97 acres (19 hectares) with approximately 140 metres (460 feet) of frontage on Bradford Road. The planner advised that this matter is recommended for deferral to allow KFL&A Public Health staff and Cataraqui Region Conservation Authority to perform a site inspection and provide comments. Resolution No. 2013-14-9 Moved by Ken Gee Seconded by Norm Roberts THAT the Township of South Frontenac Committee of Adjustment hereby defers making a decision on Consent Application S-32-19-P by Reginald Taylor to provide additional time for the applicant to address comments from Cataraqui Region Conservation Authority and to allow additional time for KFL&A Public Health staff to conduct their site inspections and provide formal comments. Carried
d)
S-33-19-L (McLachlan & Farnan) Location: Part Lot 8, Concession 7, being Part 2 on Plan 13R3682, District of Loughborough, Township of South Frontenac, municipally known as 4420 Sills Bay Road. Purpose of Application: Consent to create a right-of-way over Part 2 on RPlan 13R3682 at the property municipally known as 4420 Sills Bay Road, Eel Bay, Sydenham Lake to provide mainland parking and docking access to an island owned by the applicants. The planner delivered the planning report to the committee. M Howe – advised he concurs with the planning application as long as conditions are met.
Resolution No. 2013-14-10 Moved by Norm Roberts Seconded by Ken Gee THAT the Township of South Frontenac Committee of Adjustment hereby approves Consent Application S-33-19-L by Michael McLachlan and Jane Farnan to create a 3 metre wide right-of-way running the length of the property located at Part Lot 8, Concession 7, being Part 2 on Plan 13R3682, District of Loughborough, Township of South Frontenac, municipally known as 4420 Sills Bay Road to provide mainland parking and docking for Kennedy Island, subject to conditions. Carried
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Minutes of Committee Of Adjustment February, 13, 2020 e)
S-01-20-S (Cameron) (Olan) Location: Part Lot 15 & 16, Concession 10, being Part 1 on Plan 13R13463, District of Storrington, Township of South Frontenac, Battersea Road. Purpose of Application: Consent for conveyance of a lot addition of 10.3 acres (4.16 hectares) of vacant land from the subject property to enlarge a developed lot municipally known as 5965 Battersea Road. The retained lands will be approximately 2 acres (0.83 hectares) in area with 76.4 metres (250 feet) of road frontage along Battersea Road. The planner delivered the planning report to the committee. Resolution No. 2013-14-11 Moved by Ken Gee Seconded by Norm Roberts THAT the Township of South Frontenac Committee of Adjustment hereby approves Consent Application S-01-20-S by Dini & Douglas Cameron to convey a lot addition from property located at Part Lot 15 & 16, Concession 10, being PArt 1 on Plan 13R13463, District of Storrington, Township of South Frontenac consisting of approximately 10.3 acres, (4.16 hectares) of vacant land to merge with an abutting developed property located at 5965 Battersea Road, subject to conditions. Carried
7
Minor Variance Applications - Deferred from Previous Meetings
a)
MV-37-19-B (Potvin) Location: Part Lot 18, Concession 4, being Parts 2-4 on Plan 13R4656, District of Bedford, Township of South Frontenac, municipally known as 21A Bayshore Lane, Bobs Lake. Purpose of Application: To reduce the waterbody setback from 30 metres (98.4 feet) to 29.9 metres (98.1 feet) to permit the re-construction of a one storey seasonal dwelling, that was destroyed by a fire, on the subject property. The applicant is seeking relief from Section 10.3.1 Limited Service Residential – Waterfront Zone Regulations and Section 5.8.2 a) Flooding and Shoreline Erosion Hazards which both require a 30 metre (98.4 feet) setback from the highwater mark and Section 5.10.2 which does not permit enlargement of gross floor area, increase in height and does not allow living space to be added below grade for existing buildings within 30 metres (98.4 feet) of a Waterbody or Watercourse. The Planner delivered the planning report to the committee. M Nolan – advised that he had visited the site in the fall – November 2019 and that it appears that the applicant has made the adjustments requested by the regulatory bodies and all is well if conditions are met. Resolution No. 2013-14-12 Moved by Mike Nolan Seconded by Ray Leonard THAT the Township of South Frontenac Committee of Adjustment hereby approves Minor Variance Application MV-37-19-B by Anna Potvin, located at Part Lot 18, Concession 4, being Parts 2-4 on Plan 13R4656, District of Bedford, Township of South Frontenac, municipally known as 21A Bayshore Lane, Bobs Lake to permit the construction and enlargement of a non-complying seasonal dwelling with a hihghwater mark setback of 29.9 metres (98.1 feet) and an attached deck with a highwater mark setback of 27.1 metres (88.9 feet), subject to conditions. Carried
8
New Minor Variance Applications:
a)
MV-40-19-S (Little)
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Minutes of Committee Of Adjustment February, 13, 2020 Location: Part Lot 24, Concession 10, being Part 1 on Plan 13R17113, District of Storrington, Township of South Frontenac, Carrying Place Road, Cranberry Lake. Purpose of Application: To reduce the highwater mark setback from 30 metres (98.4 feet) to 16.6 metres (54.46 feet) to permit the construction of a single detached dwelling with attached deck and attached garages on the subject property. The applicants are seeking relief from Section 10.3.1 Limited Service Residential – Waterfront Zone Regulations for the principal building and Section 5.8.2 (a) Flooding and Shoreline Erosion Hazards both of which require a 30 metre (98.4 feet) setback from the highwater mark. The Planner delivered the planning report to the committee N Roberts asked how they are reducing the setback from 98 feet to 56 feet, that is almost half of the distance, why is that? The planner advised that due to the nature of the shoreline that juts in and because the lot was created by severance several years ago and this placement is the only spot that it can be placed on the property. Cataraqui Region Conservation Authority is satisfied with the application and that they have done the best that they can to site the home. Resolution No. 2013-14-13 Moved by Mike Nolan Seconded by Tom Bruce THAT the Township of South Frontenac Committee of Adjustment hereby approves Minor Variance application MV-40-19-S by Dawn & William Little, located at Part Lot 24, Concession 10, being Part 1 on Plan 13R17113, District of Storrington, Township of South Frontenac, municipally known as 4652 Carrying Place Road, Cranberry Lake, to permit the construction of a new single-detached dwelling with attached garages at a highwater mark setback of 16.6 metres (54.5 feet) and an attached deck with a highwater mark setback of 22.9 metres (75.13 feet), subject to conditions. Carried b)
MV-41-19-L (Seguin) Location: Part Lot 22, Concession 11, District of Loughborouh, Township of South Frontenac, municipally known as 1179 Hidden Valley Lane, Buck Lake. Purpose of Application: To reduce the highwater mark and front yard setback from 30 metres to 15.7 metres (51.51 feet) to permit the construction of an accessory building, being a detached garage on the subject property, to allow a portion of the primary dwelling to be raised to accommodate the addition of a foundation within the highwater mark setback, to permit an increase in lot coverage for the primary dwelling from 5% to 15.3% and accessory buildings from 5% to 6%. The applicant is seeking relief from Section 10.3.1 and 10.3.2, Limited Service Residential – Waterfront Zone Regulations and Section 5.8.2 Flooding and Shoreline Erosion Hazards which require a 30 metre setback from the high water mark and sections 5.24.1 and 10.3.1 which allows for 5% lot coverage for accessory buildings and principal buildings respectively and section 5.10.2 which does not allow for an increase in height to an existing building within the highwater mark setback. The planner advised that it is recommended that the committee defer this matter to allow for KFL&A Public Health and Conservation Authority Staff to perform a site visit and provide comments. K. Gee mentioned that 15.3% lot coverage is a large increase to allowable lot coverage. The planner advised that, yes this is a large increase to the allowable coverage but that this is what currently exists on the lot and we are just recognizing this
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Minutes of Committee Of Adjustment February, 13, 2020 coverage, there will be no further increase in coverage with respect to the primary building. K. Gee asked if the garage is separate from this calculation. The planner advised that the garage is separate and the applicants are seeking a lot coverage increase for the garage from 5% to 6% lot coverage allowable on the subject property. Resolution No. 2013-14-14 Moved by Mike Nolan Seconded by Ray Leonard THAT the Township of South Frontenac Committee of Adjustment hereby defers making a decision on Minor Variance Application MV-41-19-L by David & Christie Seguin to provide additional time for KFL&A Public Health staff to complete their site inspections and provide formal comments and to provide addition time for Cataraqui Region Conservation Authority to provide comments. Carried c)
MV-42-19-S (Stand Fast Homes Ltd.) Location: Part Lot 7, Concession 9, being part 1 on Plan 13R1524, District of Storrington, Township of South Frontenac, Larry York Road and Keller Road. Purpose of Application: To reduce the minimum lot frontage from 76 metres (250 feet) to 72 metres (236 feet) for the retained parcel of land. The applicant is seeking relief from section 14.3 Urban Residential – First Density Zone (UR1) Zone Regulations for the lot frontage minimum which requires 76 metres (250) of frontage on a public road for all severed and retained properties. The severed and retained properties will meet and/or exceed the required 2 acres (8,000 square metres) of land. The planner advised that a deferral of this matter is recommended to allow KFL&A Public Health staff time to perform a site visit and provide formal comments. Resolution No. 2013-14-15 Moved by Ray Leonard Seconded by Mike Nolan THAT the Township of South Frontenac Committee of Adjustment hereby defers Minor Variance Application MV-42-19-S to provide additional time for KFL&A Public Health to complete their site inspection and to provide formal comments. Carried
d)
MV-44-19-P (Conarroe) Location: Part Lot 6, Concession 5, being Part 1 on Plan 13R20916, District of Portland, Township of South Frontenac, municipally known as 3974 Alton Road West. Purpose of Application: To permit the construction of an accessory building, being a detached garage, in the projected front yard of a developed rural property located in conformity with the front yard setback as set out in the Rural Zone. The applicant is seeking relief from Section 5.24.2 which requires accessory buildings to be located to the rear of the projected front or exterior side wall of the main building. The planner delivered the planning report to the committee. T Bruce noted that if you look at the map he thinks this is ideal with respect to the placement of septic and home and therefore he completely agrees with approving this application. R Leonard advised that he agrees specifically because there is a commercial property adjacent and the garage might create a buffer between the residence and the commercial property.
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Minutes of Committee Of Adjustment February, 13, 2020 Resolution No. 2013-14-16 Moved by Tom Bruce Seconded by Ray Leonard THAT the Township of South Frontenac Committee of Adjustment hereby approves Minor Variance Application MV-44-19-P by Kevin & Heidi Conarroe, located at Part Lot 6, Concession 5, being Part 1 on Plan 13R20916, District of Portland, Township of South Frontenac, municipally known as 3974 Alton Road West to permit the construction of an accessory building being a detached garage, in the projected front yard of a developed property, subject to conditions. Carried e)
MV-46-19-L (Jefferies) Location: Part Lot 1, Concession 12, being Lot 7 on Plan 1937, District of Loughborough, Township of South Frontenac, municipally known as 1020 Deer Park Lane. Purpose of Application: To permit an increase to the allowable height of an accessory building, being a detached garage, from 6 metres (19.7 feet) to 9.45 metres (31 feet). The applicant is seeking relief from Section 10.3.2 of the Township of South Frontenac Comprehensive Zoning By-Law which allows for the maximum height of an accessory building to be 6 metres (19.7 feet). Planner advised that the recommendation for the matter is a deferral to allow KFL&A Public Health staff to perform a site visit and provide formal comments. M Nolan was curious because what it looks like is that there is an existing septic and existing structure and therefore why were the permits and approvals not completed at the time the building was built? Planning assistant answered that this application was for a building without a permit that had been built by previous owners and the current owners were made aware of the lack of building permit and planning approvals upon an attempted sale of the property. The minor variance is necessary due to the height of the building. Given that this building was built without a building permit there were no approvals from KFL&A Public Health. Resolution No. 2013-14-17 Moved by Tom Bruce Seconded by Mike Nolan THAT the Township of South Frontenac Committee of Adjustment hereby defers making a decision on Minor Variance Application MV-46-19-L by David & Gail Jefferies, to provide additional time for KFL&A Public Health to complete their site inspection and provide formal comments. Carried
f)
MV-47-19-S (Macpherson) Location: Part Lot 16, Concession 8, being Parts 1 & 2 on Plan 13R14104, District of Storrington, Township of South Frontenac, municipally known as 49 Hood Lane. Purpose of Application: To reduce the waterbody setback from 30 metres (98.4 feet) to 11.6 metres (38.1 feet) to permit the demolition, re-construction and enlargement of an existing attached deck to include the addition of a pergola over a portion of the existing deck. The applicant is seeking relief from Section 10.3.1 Limited Service Residential – Waterfront Zone Regulations, Section 5.8.1 Flooding and Shoreline Erosion Hazards both which both require a 30 metre setback from the high water mark and Section 5.11, replacement of buildings or structures which does not allow for the enlargement of the footprint. The planner delivered the planning report to the committee.
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Minutes of Committee Of Adjustment February, 13, 2020 N Roberts advised that he looked at the property and does not see any problem with the application. Resolution No. 2013-14-18 Moved by Ray Leonard Seconded by Mike Nolan THAT the Township of South Frontenac Committee of Adjustment hereby approves Minor Variance Application MV-47-19-S by Torin & Kathleen Macpherson, located at Part Lot 16, Concession 8, being Parts 1 & 2 on Plan 13R14104, District of Storrington, Township of South Frontenac, municipally known as 49 Hood Lane, Dog Lake, to permit the demolition, reconstruction and enlargement of an attached deck in two locations with highwater mark setbacks of 11.6 metres (38 feet) and 20.2 metres (66.3 feet), subject to conditions. Carried g)
MV-01-20-L (Leonard) Location: Part Lot 1, Concession 8, being Parts 1, 2 & 5 on Plan 13R2250, District of Loughborough, Township of South Frontenac, municipally known as 1004 Goslin Lane. Purpose of Application: To reduce the setback from the highwater mark from 30 metres to 22.25 metres (73 feet) to permit the construction of a 920 square foot addition to the existing cottage and to allow for an increase in height to an existing legal non-complying structure to allow for the addition of a proper foundation. The applicant is seeking relief from Section 10.3.1 Limited Service Residential – Waterfront Zone Regulations and Section 5.8.2 a. Flooding and Shoreline Erosion Hazards which both require a 30 metre setback from the high water mark and section 5.10.2 to allow for an increase in the height of the building. The planner advised that it is recommended that the committee of adjustment defer the matter to allow KFL&A Public Health time to complete a site inspection and provide formal comments. M Nolan asked why there is a need for Public Health approvals. The planner advised that this particular proposal is to have a new washroom and it is a requirement that KFL&A Public Health assess the septic system to make sure that it is large enough to handle the new fixtures and properly functioning. Claire – Knowlton Lake is a highly sensitive lake trout lake and staff want to make sure that we are doing our due diligence to protect the lake. Resolution No. 2013-14-19 Moved by Ray Leonard Seconded by Tom Bruce THAT the Township of South Frontenac Committee of Adjustment hereby defers making a decision on Minor Variance Application MV-01-20-L by Brad & Stephanie Leonard to provide additional time for KFL&A Public Health and Cataraqui Region Conservation Authority to complete their site inspections and provide formal comments. Carried
9
Other Business
a)
Discussion with respect to re-circulation of notices for deferred applications. Claire Dodds advised the committee that we have had a lot of applications that have been deferred due to the weather and KFL&A Public Health Staff have not been able to do their septic reviews or performance reviews for minor variances. For severance applications, applicants cannot dig test holes and
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Minutes of Committee Of Adjustment February, 13, 2020 staff cannot go out and do their tests of the land, soils and holes. Depending on when the application is made, it may be some time before the applications get brought back to be heard by the committee under a recommendation of approval or denial. Under the Planning Act there is no requirement for recirculation due to an application that has been deferred for more information. We know that there is some want for maybe re-circulation and re-posting notices. The implications of re-circulation and re-posting notices are additional cost for stationary supplies and postage as well as additional staff time. Staff are looking to committee members for their opinion and thoughts on the matter of re-circulation following a deferral. A. Revill noted that the Health Unit is fairly routine and it is straight forward and meets the test or it doesn’t typically members of the public do not get involved and it is a clear yes or no whether the septic can handle the proposed minor variance or the property is suitable to site a septic system. Sometimes maybe with the Conservation Authority, they have more merit and the members of the public may require that input if the application is to vary a highwater mark setback, this may be of more interest to the public. A. Revill questioned if staff and committee members might want to try re-circulating if the deferral is based on waiting for comments from the Conservation Authority and not re-circulating if the deferral is from KFL&A. M Nolan asked for clarity, what is the meaning of re-circulation? Claire advised that circulation is a notice document describing the application that are mailed to neighbours within a 60 metre radius of the subject property. They are notified of the particular date for the Committee of Adjustment meeting, and for this particular meeting we did not see anyone or hear from anyone voicing their concerns over a particular application. In accordance with the Planning Act, we are mailing notices to peoples home addresses. We are trying to provide transparency with respect to deferrals that come back to a meeting date the neighbours and public were not notified of. We did not see anyone at this meeting, nor did we receive any formal comments from the public. Maybe that can be a trigger that if someone shows up or voices concerns, we can re-circulate? M Nolan stated that he believes enough notice is given to the community and if there is a deferral or not, he does not think there needs to be multiple points of contact. Claire noted that if anyone comes through at any time with concerns that they have they are automatically notified of the decision. This would be a matter of re-notifying them. R Leonard noted that if staff did it once, why do it again if we got no complaints? T Bruce stated that if no one has complained staff are busy and unless it is a real necessity, just keep the current procedure in place. Resolution No. 2013-14-20 Moved by Mike Nolan Seconded by Ray Leonard THAT the Township of South Frontenac Committee of Adjustment hereby does not wish to require re-circulating notices for deferred applications. Carried b)
LPAT Decision for S-06-19-S (Noble)
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Minutes of Committee Of Adjustment February, 13, 2020 Claire advised that the LPAT agreed with the decision of the committee and the chair did not add or make any modifications to the conditions, and that is a reflection of what a good job the committee of adjustment members are doing. T Bruce mentioned that planning staff are the ones who make the planning recommendations and should also be commended for their work. 10
Adjournment
a)
Adjournment of February 13, 2020 Committee of Adjustment Meeting. Resolution No. 2013-14-21 Moved by Mike Nolan Seconded by Ray Leonard THAT the February 13, 2020 meeting o the Township of South Frontenac Committee of Adjustment is hereby adjourned at 7:54 p.m., to reconvene on Thursday, March 12, 2020 at 7:00 p.m. or at the call of the Chair. Carried
Alan Revill, Chair
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