Committee Of Adjustment - 13 Jun 2024 - Agenda

Published June 13, 2024

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Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: June 13, 2024 Collection: Council Agendas Municipality: South Frontenac

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

7:00 PM, Thursday, June 13, 2024 Council Chambers/Virtual Via Zoom .

Call to Order

Resolution.

Adoption of Agenda

Resolution.

Electronic Meeting Information

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

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

Declaration of pecuniary interest

There are none.

Approval of Minutes – May 09, 2024

Resolution.

Consent Applications from a Previous Meetings: (if applicable)

New Consent Applications:

PL-BDJ-2024-0025 (Rawding) – Portland District

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12 - 36

Property Address: 7558 Road 38 Purpose & Effect of the Application: The applicant seeks consent to sever for the purpose of creating one new rural residential lot. The proposed severed lot would have approximately 6Ac of area with 85m of frontage on Road 38, leaving an 8Ac retained parcel with 123m of frontage on Road 38

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PL-BDJ-2024-0037 (Card) - Loughborough District

37 - 68

Property Address: 2562 Rutledge Road Purpose & Effect of the Application: The applicant seeks consent to sever for the purpose of creating two new rural residential lots. Severance 1 (PL-BDJ-2024-0037) would have 2.3Ac of area and 76m of frontage on Rutledge Road. The retained lands would have an approximate area of 72Ac with 71m of frontage. c)

69 - 97 PL-BDJ-2024-0038 (Card) - Loughborough District Property Address: 2562 Rutledge Road Purpose & Effect of the Application: The applicant seeks consent to sever for the purpose of creating two new rural residential lots. Severance 2 (PL-BDJ-2024-0038) would have 2.3Ac of area, 76m of frontage on Rutledge Road and would contain the existing dwelling civically addressed as 2562 Rutledge Road. The retained lands would have an approximate area of 72Ac with 71m of frontage.

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

PL-ZNA-2024-0015 (Deroche) - Loughborough District

98 121

Property Address: 1022 Mozart Lane Purpose & Effect of the Application: The Applicant seeks permission to enlarge the legal non-conforming use located within 30m of the highwater mark of Sydenham Lake. The applicant is proposing to renovate the existing seasonal dwelling with a gross floor area of 36sqm and height of 4m, setback 8.7m from Sydenham Lake. The renovation would occur within the existing building envelope and would include an addition to the rear of the structure. The proposed four-season dwelling would have a gross floor area of approximately 150sqm and height of 9.9m. The proposed four-season dwelling would maintain the same highwater mark setback as the existing (8.7m). 9.

New Minor Variance / Permission Applications:

PL-ZNA-2024-0039 (Van Beers) (Orr) - Storrington District

122 146

Property Address: 3147 Round Lake Road Purpose & Effect of the Application: The applicant seeks relief from Zoning By-law 2003-75. The applicant is

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proposing to build a 9.75mx12.19m detached garage to be setback 10m from the front lot line, whereas the zoning by-law requires a minimum of 20m.

PL-ZNA-2024-0044 (Timmins) (Stokes) - Portland District

147 218

Property Address: 1035 Morning Glory Lane Purpose & Effect of the Application:

To request permission under Section 45(2) of the Planning Act to enlarge a legal non-conforming dwelling and attached deck located within 30m of the highwater mark of Verona Lake. The existing dwelling has a ground floor area of 69.7sqm, a gross floor area of 88.3sqm, and an attached deck with an area of 10.4sqm. The proposed dwelling will maintain the existing 69.7sqm ground floor area, the gross floor area will be increased to 139.4sqm and the attached deck will be increased to 11.7sqm. The height of the dwelling will increase from 6m to 6.5m. The existing and proposed structures are both set back 5.1m from the highwater mark of Verona Lake. c)

PL-ZNA-2024-0055 (Jackson) (Gurr) - Loughborough District

219 242

Property Address: 1157 Leach Lane Purpose & Effect of the Application:

To request permission under Section 45(2) of the Planning Act to enlarge a legal non-conforming dwelling located within 30m of the highwater mark of Sydenham Lake. The existing 228.5sqm single detached dwelling and 97.5sqm attached deck is set back 8.5m from the lake. The application proposes to cover 48.2sqm of the deck with a roof structure attached to the house. The setback from the lake will not change and the height of the dwelling will not increase. d)

PL-ZNA-2024-0056 (Byrtus) (Gildenhaar) - Bedford District

243 269

Property Address: 112 Upper Lake Lane Purpose & Effect of the Application: To request permission under Section 45(2) of the Planning Act to enlarge a legal non-conforming dwelling located within 30m of the highwater mark of Burridge Lake. The existing 66.9sqm single detached dwelling is set back 10.7m from the lake. The application proposes to add a 1.2sqm bay window that will project 0.5m from the dwelling towards the lake. The application also proposes to add a new shed style roof that will increase the height of the dwelling from 5.7m to 6.3m 10.

Other Business

Consent Granting Authority Report

Adjournment

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Resolution.

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Minutes of Committee Of Adjustment May, 9, 2024

Township of South Frontenac Committee of Adjustment Meeting Minutes Meeting # 2024-04 Time: 7:00 PM Location: Council Chambers/Virtual Via Zoom Present: Norm Roberts, Doug Morey (via Zoom), Steve Pegrum, Randy Ruttan, Alan Revill, Brett Moreland, Kevin Fox (Via Zoom), Mike Howe Absent: Staff: Christine Woods - Senior Planner, Tom Fehr - Planner, Noah Perron - Planner, Kate Kaestner - Planning Clerk & Secretary-Treasurer 1

Call to Order

Resolution. Resolution No. 2024-04-01 Moved by: Norm Roberts Seconded by: Steve Pegrum THAT the May 09, 2024 meeting of the Committee of Adjustment for the Township of South Frontenac is hereby called to order at 7:00 pm

Adoption of Agenda

Resolution. Resolution No. 2024-04-02 Moved by: Steve Pegrum Seconded by: Mike Howe THAT the Committee of Adjustment adopts the agenda for the May 09, 2024 Committee of Adjustment meeting. Carried

Electronic Meeting Information

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

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

Declaration of pecuniary interest

There are none.

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Minutes of Committee Of Adjustment May, 9, 2024 5

Approval of Minutes – April 11, 2024

Approval of Minutes - April 11, 2024 Resolution No. 2024-04-03 Moved by: Mike Howe Seconded by: Alan Revill THAT The Committee of Adjustment approves the minutes of the April 11, 2024 Committee of Adjustment meeting. Carried

Consent Applications from a Previous Meetings: (if applicable)

New Consent Applications:

PL-BDJ-2024-0011 (Wiley) (ZanderPlan) - Storrington Subject Property Address: 848 Burnt Hills Road Purpose & Effect of Application: The applicant is seeking consent to sever for the purpose of creating two new rural residential lots. Severance 1 (PL-BDJ-2024-0011) would have 11.94Ac of area and 76m of frontage on Burnt Hills Road. Noah Perron, Planner delivered a brief summation of the application to the Committee with a staff recommendation that the application be approved with conditions. Chris Clarke, Agent for the application, delivered a PowerPoint presentation to the Committee outlining the purpose and effect of the application as well as their proposed conformance to Township policies. Mr. Clarke spoke to there being ample building envelope on (almost 1.5 acres) on the property. Mr. Perron presented his report to the Committee noting that the application is in conformance with Township standards. Mr. Perron stated that a required condition of approval would be placing a Holding Symbol on the newly created parcel in order to protect the 120m buffer surrounding the Provincially Significant Wetland in the Northern portion of the proposed severed parcel. Randy Ruttan, Committee Chair, inquired (3 times) as to whether there were any questions or comments from members of the public regarding the application. (None heard). Mr. Ruttan inquired as to whether there were any questions from Committee members on the application. (None heard). Mr. Clarke asked about the necessity for the Holding zone that is recommended by planning staff. Mr. Perron responded that the holding symbol was necessary to ensure that a building permit could not be issued for any area within 120m of the wetland without having an EIS.

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Minutes of Committee Of Adjustment May, 9, 2024 Ms. Kaestner read the resolution for approval of the application. Chair Ruttan inquired as to whether there were any comments from Committee Members (None heard). Resolution No. 2024-04-04 Moved by: Steve Pegrum Seconded by: Mike Howe THAT The Committee of Adjustment approves consent application PL-BDJ-20240011 for property municipally known as 848 Burnt Hills Road, to allow for the creation of one new rural residential lot, being 11.9 acres in area and having 76 metres of frontage along Burnt Hills Road, subject to conditions. Carried b)

PL-BDJ-2024-0012 (Wiley) (ZanderPlan) - Storrington Subject Property Address: 848 Burnt Hills Road Purpose & Effect of Application: The applicant is seeking consent to sever for the purpose of creating two new rural residential lots. Severance 2 (PL-BDJ-2024-0012) would have 8Ac of area and 76m of frontage on Burnt Hills Road. The retained parcel would have 120.98Ac of area with and 78.2m of frontage on Burnt Hills Road. The proposal would also involve the creation of a new easement over the severed parcel, to access the dwelling on the retained lands. Noah Perron, Planner delivered a brief summation of the application to the Committee with a staff recommendation that the application be approved with conditions. Chris Clarke, Agent for the application, delivered a PowerPoint presentation to the Committee outlining the purpose and effect of the application as well as their proposed conformance to Township policies. Mr. Clarke spoke to there being ample building envelope on (almost 1.5 acres) on the property. Mr. Clarke showed that there were other properties in the area of the subject property that have shared entrances . He spoke to Mr. Wiley being agreeable to sharing an entrance with the new property and noted that a joint maintenance agreement would be used to mitigate any issues that could arise as a result of the shared laneway. Mr. Perron presented his report to the Committee noting topography constraints and road curvature along the front lot line of the proposed retained lands would make it unable to have an independent safe entrance point along Burnt Hills Road. Mr. Perron asserted that Official Plan policies stipulate that all new rural residential severances and retained lands should be capable of having a safe entrance on their own frontages. For this reason, the application is deemed to be not in conformance with Township policy, and it is recommended that the application be denied by the Committee.

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Minutes of Committee Of Adjustment May, 9, 2024 Chair Ruttan inquired (3 times) as to whether any members of the public wished to speak to the application. (None heard). Chair Ruttan inquired as to whether there were any questions from Committee members regarding the application. Committee member Norm Roberts inquired about Mr. Perron’s reference to a Township of South Frontenac Roads policy from 1996 when the Township wasn’t established (amalgamated) until 1998. Christine Woods, Senior Planner, noted that is is definitely odd that the title of the document was Township of South Frontenac and 1996, but confirmed that is what the title of the document stated. She asserted that if she had to guess how this occurred, it would be that the Township likely took the County of Frontenac policy from 1996, and put their name on it without changing the date. Committee member Revell stated that it was his understanding that the County policy for entrances was set in place so that as new development occurred, there was sufficient distances between entrances, did not specifically address shared entrances. Mr. Perron confirmed that the document did speak specifically to shared entrances and to when it would and would not be appropriate to use them. Mr. Revell stated that he had visited the site and stated that he was unclear as to where the separation point would be between the severed and retained lands and what the topography was like where the laneway intersects with proposed lot line. He stated that in his practice as a Building Official he recognizes the need for clarity when it comes to civic addressing. In his experience, there would be a blade at the road that would identify the two properties as A & B, and then a 2nd set of address blades where the properties split, which would identify which property was which. He stated that he believed that it would be an open field area where the laneways would diverge and as such it would be simple to place the civic address blades in that location. Committee member Steve Pegrum asked Mr. Perron to specify the situations where shared entrances would be permitted. Mr. Perron stated that in terms of residential use, they are by no means prohibited but that context matters and the use of shared entrances needs to be appropriate. Township Staff would be more satisfied if the common entrance was along the shared lot line, where it was very clear which way to go to enter each property. Another situation where it would be appropriate to have a shared entrance would be in a scenario where there are many access points in close succession along a roadway. Mr. Pegrum stated that because the retained lot in this application was unable to have a safe entrance due to the topography and curvature of the road, he deemed the application to be a perfect example of where having a shared entrance makes good sense. He echoed Mr. Revill’s sentiments with respect to using the address blades to make it clear where each property began. Committee member Howe stated that he was impressed by the quality and quantity of information provided related to this application, but given his lack of experience in the realm of entrance policy he wasn’t sure how best to proceed.

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Minutes of Committee Of Adjustment May, 9, 2024 Kate Kaestner read the resolution for denial of the application. Chair Ruttan asked Committee members if there was any comments with respect to the resolution. Mr. Revill stated while that he appreciated staff’s concern for allowing a shared entrance, he believed that there was a very clear way to delineate between the two parcels for emergency services using address blades, and as a result he could not support the resolution on the floor. Mr. Pegrum stated that although the preference is not to have shared entrances, they are not in fact prohibited. Given the circumstances of this application, it would be an appropriate time to allow for a shared entrance. Mr. Roberts echoed this sentiment, and stated that a shared entrance would be fine. (Motion defeated) Committee member Revill motioned for the application to be approved, so long as the entrances were clearly identified. Mr. Perron outlined what conditions would be required should the application be approved. Chair Ruttan asked the Agent, Chris Clarke, as to whether he was agreeable to the proposed conditions. Mr. Clarke responded that he again felt the requirement for Holding symbol was unnecessary, but if its the difference between approval and denial then they would be open to re-zoning. Resolution No. 2024-04-05(a) Moved by: Alan Revill Seconded by: Mike Howe THAT the Committee of Adjustment hereby denies consent application PL-BDJ2024-0012 for property municipally known as 848 Burnt Hills Road. Defeated Resolution No. 2024-04-05(b) Moved by: Allan Revill Seconded by: Norm Roberts THAT the Committee of Adjustment hereby approves consent application PLBDJ-2024-0012 for property municipally known as 848 Burnt Hills Road, , to allow for the creation of one new rural residential lot, being 8 acres in area and having 76 metres of frontage along Burnt Hills Road, and for the creation of one new easement, subject to conditions. Carried 8 Minor Variance / Permission Applications from a Previous Meetings: (if applicable)

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Minutes of Committee Of Adjustment May, 9, 2024 9

New Minor Variance / Permission Applications:

PL-ZNA-2024-0030 (Bissonnette) (Jacobs) - Bedford Subject Property Address: 443 Shipton Lane Purpose & Effect of the Application: The applicant proposes to construct a 14.4sqm accessory building on the property. A minor variance is requested to allow the accessory building to be set back less than 30m from the highwater mark of Devil Lake. The accessory building is proposed to be set back 11m from Devil Lake. Tom Fehr, Planner, delivered his report to the Committee with a staff recommendation that the application be approved, subject to conditions. Chair Ruttan inquired as to whether the applicant or agent wished to speak to the application. Margot Jacobs, Agent on the application, expressed her gratitude to the Committee for hearing the application and stated that she was available to answer any questions should they arise. Chair Ruttan inquired (3 times) as to whether there were any comments or questions from members of the public surrounding the application. (None heard). Chair Ruttan asked Committee members if they had any questions for the agent or staff regarding the proposal. Committee member Brett Moreland inquired as to who would be confirming the setback of the structure as it would not require a building permit for it’s construction. Mr. Fehr stated that the onus is on the applicant to ensure that the shed is placed in a location that would be compliant with the decision. Ms. Kaestner read the resolution for approval of the application. Chair Ruttan inquired as to whether there were any comments from Committee members on the resolution. (None heard). Resolution No. 2024-04-06 Moved by: Steve Pegrum Seconded by: Norm Roberts THAT the Committee of Adjustment hereby approves Minor Variance application PL-ZNA-2024-0030 for property municipally known as 443 Shipton Lane, to permit a 14.4 square metre accessory building to be located 11 metres from the highwater of Devil Lake, subject to conditions. Carried

Other Business

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

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Minutes of Committee Of Adjustment May, 9, 2024 11

Adjournment

Resolution. Resolution No. 2024-04-07 Moved by: Norm Roberts Seconded by: Steve Pegrum THAT the May 09, 2024 meeting of the Committee of Adjustment for the Township of South Frontenac is hereby adjourned at 8:04pm to reconvene on Thursday, June 13, 2024 at 7:00pm or at the call of the Chair. Carried

Randy Ruttan, Chair

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TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION

Create a NEW LOT – Complete this section ONLY if you are applying to create a new lot. The following information is regarding the land intended to be severed (created) and the land to be retained. Severed Lot (Proposed new lot):

Retained Lot:

Frontage on Road/Lane (m):

85 Meters

123 Meters

Name of Road/Lane:

Highway 38

None

290 Meters

277 Meters

6 Acres

8 Acres

Frontage on Water (m): Name of Waterbody: Depth (m): Acres (acres or ha):

Please list the existing and proposed USES and STRUCTURES.

Existing Use of Lot: Existing Buildings/Structures: Proposed Use of Lot: Proposed Buildings/Structures:

Severed Lot (Proposed new lot):

Retained Lot:

Vacant Land

residence

None

House / Shed

Residential

None

Single Family dwelling

None

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aim SOUTH FRONTENAC PL-BDJ -2024-0025 (RAWDING)

ROAD MILLER

7558 ROAD 38 Legend

Subject Property Proposed Severance

Provincially Signi?cant Wetland Wetland

Retained Lands

Wooded Area Waterbody '

I Township Boundary Road

Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2022.

SNlDER RoAD

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

Scale: 1:2,500 O

:—

100 m

UTM Zone 18 NAD 83 Date: 2024-05-22

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Report from Public Services PL-BDJ-2024-0025 Application Number: ___________________________________________________ Bryce and Tina Rawding Applicant’s Name: _____________________________________________________

14 PT Lot 9 Portland Lot: _______________District:

Concession: _________________ Road 38 Road: ________________________________________________________________

Road Maintenance:

✔ Year-round □

Seasonal □

Sight Lines: Are there adequate sight lines for the entrance?

✔ Yes □

No □

If no, what changes would be required to improve sight lines? RETAINED PARCEL: ADEQUATE ENTRANCE SIGHT LINES. SEVERED PARCEL: ADEQUATE ENTRANCE SIGHT LINES

Road Conditions:

Are there any special drainage/ditching concerns related to creation of new lot(s)? ✔ Yes □ No □ If yes, what action is the applicant required to take?
Is the overall road condition adequate to serve increased development/traffic? ✔ Yes □ No □ If no, please explain, and indicate if there are any measures that could be taken to correct the inadequacies.

Road Widening Required? ✔ To be determined by an Ontario Land Surveyor □ Yes □ No □ Any specific requirement?

Arterial Road. Ensure that there is a 30m (100ft road allowance) otherwise applicant to dedicate any shortfall of 15m from centerline.

Approved by the Public Services? ✔ Yes □ Yes, with conditions □ No □ If yes, with conditions, please describe conditions below.

Signature on behalf of Public Services

2024-04-25

Date

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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. PL0106-2024 Municipality:

Township of South Frontenac

Landowner:

Bryce and Tina Rawding

Location:

7558 Road 38

Roll #:

10290800801960100000

Application Description:

Consent Application File No. PLBDJ-2024-0025

Regulated Feature(s):

Wetland

Part Lot 9, Concession 14

Portland

Sever one rural parcel, approximately 6.37 acres in size with 118.54 metres of road frontage onto Road 38. The proposed retained parcel will be approximately 7.87 acres in size with 91.29 metres of road frontage onto Road 38. The proposed severed parcel is vacant, whereas the retained parcel contains an existing single detached dwelling.

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 hazard lands. Staff are satisfied that the application as presented is consistent with Section 3.1 of the PPS.

Ontario Regulation #41/24 (Regulation of Prohibited Activities, Exemptions and Permits) The subject lands lie within the regulated area of a wetland feature (by virtue of Ontario Regulation #41/24 – Regulation of Prohibited Activities, Exemptions and Permits). The wetland is confined to the southwest corner of the proposed severed parcel. Please note that the owners will need to apply to the Conservation Authority for a permit prior to development activity (including construction / filling/ excavation/ site grading/ change of use) within 30 metres of the wetland boundary. Comments:

These planning comments do not constitute permission to develop within a Quinte Conservation regulated area. The permitting process is a separate process from the plan review process, and a separate fee will be applied to future permit application(s) to this office.

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.

Other Potential Township Studies As per Sections 21.1.1 and 21.1.2 of Ontario Regulation 596/22 (amendments made under the Conservation Authorities Act) as a result of the More Homes Built Faster Act, 2022, conservation authorities are no longer able to review or provide comment on Natural Heritage and Hydrogeology, nor is this office able to peer-review technical reports related to these maters. If Page 1 of 2

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the Township requests a hydrogeological assessment or Environmental Impact Study (EIS) it should be peer-reviewed by a qualified consultant. Final Comments:

Quinte Conservation has no objection to the consent application as presented.

April 25, 2024 Date

Sam Carney Planning Technician

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To:

Committee of Adjustment

From:

Development Services Department

Report Date:

June 13, 2024

Subject:

Consent Application PL-BDJ-2024-0025, Rawding, 7558 Road 38, Portland District

Summary This application is for the creation of a residential lot. The Director of Development Services is asking the Committee of Adjustment to make a decision on this application as the Official Plan discourages residential severance on Road 38. This report recommends approval of the application. Background The purpose of the application is to create one new rural residential lot. The retained parcel will continue to be used for residential purposes. Related Applications The lands are not subject to any additional applications under the Planning Act. Application Details The proposed severed parcel would have an area of approximately 6 acres with 85 metres of frontage on Road 38. The retained parcel would have an area of approximately 8 acres with 123 metres of frontage on Road 38. Designation and Zoning The subject property is designated Rural in Schedule A of the Township Official Plan. The property is zoned Rural (RU) in Zoning By-law No. 2003-75. Review This application:  Conforms to section 51(24) of the Planning Act;  Does not require a plan of subdivision for the proper and orderly development of the municipality (s. 53(1) Planning Act);  Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act); www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report PL-BDJ-2024-0025

 Conforms to the County of Frontenac Official Plan (s. 3.3);  Conforms to the Township of South Frontenac Official Plan (s. 5.2, 5.7.4 & 7.1);  Complies with Zoning By-law No. 2003-75 (or will comply subject to a standard condition of rezoning or minor variance); and  Has no unresolved objections/concerns raised from agencies or the public. Property Description The subject property is a large parcel of land on the east side of Road 38, adjacent to the shared intersection with Snider Road, north of Verona. There is a single dwelling and a detached storage shed on the north side of the property. The dwelling is accessed via an entrance from Road 38, located in the northwest corner of the property. A majority of the property is forested. The immediate area surrounding the dwelling and the entrance from Road 38 are cleared. There is an unevaluated wetland in the southwest corner of the property. Beyond this wetland is an upward slope, which levels out further into the interior of the property. Surrounding land uses consist of similar style rural residential developments, in addition to the Rivendell Golf Club to the southwest. Department and Agency Comments Quinte Conservation provided comments on April 25, 2024, and cited no objection based on consideration for natural hazards and regulatory policies. Portions of the subject lands are subject to O. Reg 41/24 under the Conservation Authorities Act. Current and future landowners would need to apply for a Quinte Conservation Development permit for any proposed development within 30m of the wetland located on site. Public Services provided comment on April 25, 2024. Public Services Staff have no objection to the approval of the consent application. It was noted that there are adequate sight lines to permit an entrance from Road 38 to the severed parcel. The retained parcel would continue to be accessed via its existing entrance. The width of the road allowance is to be determined by an Ontario Land Surveyor. Any shortfall of the 30m road allowance, measured 15m from the centreline of Road 38, in front of the severed lot shall be dedicated to the Township. Building Services have not provided comment on the application. In consultation with Planning Staff, it has been determined that a demonstration of on-site sewage capabilities can be demonstrated as a condition of approval. As a result of its large size (6Ac), Building Staff were satisfied that the severed parcel would provide flexibility in locating a private sewage disposal system. Public Comments No comments were received from the public at the time of writing this report.

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

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Township of South Frontenac Staff Report PL-BDJ-2024-0025

Planning Analysis Environmental Protection Policies Section 5.2.7 of the Official Plan establishes a minimum 30m setback from the highwater mark of all waterbodies and watercourses, including wetlands. Zoning By-law No. 2003-75 also requires a minimum 30m setback from the highwater mark. The purpose of this setback is to minimize environmental impacts by reducing phosphorus inputs, preventing erosion and maintaining a natural appearance of rural areas. Within the 30m setback, vegetation should be disturbed as little as possible, and the soil mantle should not be altered. The severed parcel does contain a wetland in its Southwest corner, immediately adjacent to Road 38. Township Staff were satisfied that a building envelope exists outside of the required 30m setback from this feature. New development proposed on the severed parcel would need to be in compliance with this requirement. Rural Residential Policies The PPS allows growth and development to be directed to rural lands, including lot creation that is locally appropriate. The County Official Plan and the Township Official Plan also permit residential development in the rural designation. Section 5.7.4 of the Township Official Plan indicates that a maximum of three rural residential lots may be created by consent from landholdings provided that the new lots meet the General Consent Policies, as well as all other applicable policies. The subject property is eligible for severance, as there have been no previous severances since the adoption of the Township Official Plan. Section 5.7.4 requires the frontage, size and shape of any lot created for rural residential purposes to be appropriate for the proposed use and to conform to the provisions of the Zoning By-law. Both the severed and retained parcels would satisfy the minimum lot size and frontage requirements. The retained parcel is developed with a dwelling and a storage shed. The creation of the severed parcel would not result in the creation of insufficient setback values for any existing structure. Further, the creation of the severed parcel would not impact the functionality or use of the retained parcel. The retained parcel will continue to function as a rural residential property. Any future development on the retained parcel could be compliant with the requirements of the Zoning By-law. General Consent Policies Section 7.1j) of the Township Official Plan states that the creation of residential lots having access only to former provincial highway No. 38 outside of Settlement Areas will generally be discouraged. Such lots may be considered provided that an entrance permit is approved by the Township. Although the proposed severed lot lies outside of a Settlement Area, Township Staff are of the opinion that it is appropriate to create a new residential lot in this location. The portion of Road 38 on which the severed parcel would be located already features several appropriately distanced residential entrances. Therefore, it is unlikely that www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report PL-BDJ-2024-0025

creation of another residential entrance would greatly alter the functionality of the roadway. Finally, Public Services staff have concluded that appropriate sightlines exist to permit an entrance to the severed parcel. Section 7.1o) enables the Township to impose certain conditions to the approval of a severance. A standard condition of several approval is a development agreement addressing matters, including but not limited to, lot grading and drainage. Such a requirement ensures that runoff, as a result of site alteration, is appropriately directed and does not result in flooding. As such, it is recommended that a development agreement be registered on the title of the severed lands to address measures related to lot grading and drainage. The recommended lot grading and drainage plan is to address existing and proposed grades and drainage patterns within and adjacent to the development envelope, entrance, well and septic locations. Section 7.1s) speaks to the applicant providing sufficient information to substantiate that all lots created have a source of potable water and appropriate sanitary sewage disposal facilities. In consultation with Building Services, it has been determined that a demonstration of on-site sewage capabilities can be demonstrated as a condition of approval. Further, the Township typically requires the ability to be serviced by a private well to be demonstrated as a condition of consent approval. Conclusion The lands to be severed and the lands to be retained would be consistent with the Provincial Policy Statement, in conformity with the land division policies (Section 7.1) of the Township of South Frontenac Official Plan, and in compliance with Zoning By-law No. 2003-75. Notice/Consultation Notice of the Statutory Public Meeting was given pursuant to the requirements of the Planning Act, at least 14 days in advance of the Public Hearing. This included notice given: • • • •

Recommendation It is recommended that application PL-BDJ-2024-0025 be approved for consent for a new lot from 7558 Road 38, Township of South Frontenac subject to the following conditions: Expiry Period

Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 33 of 271

Township of South Frontenac Staff Report PL-BDJ-2024-0025

for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands 2. The lands to be severed by Consent Application PL-BDJ-2024-0025 shall be for the creation of one new residential lot approximately 6 acres in area with 85 metres of frontage on Road 38. The lot area, frontage and configuration of the proposed severed lot shall be consistent with sketch submitted by the applicant (May 14, 2024), attached to the decision as “Schedule A”. Survey/Reference Plan or Registerable Description 3. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)]. 4. The surveyor or applicant shall submit the draft Reference Plan, including an area calculation and noting frontage along the road, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office. Road Widening 5. The surveyor who prepares the reference plan referred to in Condition #3 and #4 shall also determine by survey the width of Road 38 to be 30m. If such a width is less than 30m, the owner shall dedicate to the Township land along the frontage of the severed lands in the following manner as required: a. The land to be dedicated shall be the width required to provide 15m from the centre of the existing travelled road for Road 38; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the issuance of the Certificate of Official; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 34 of 271

Township of South Frontenac Staff Report PL-BDJ-2024-0025

d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to the issuance of the Certificate of Official. Municipal Requirements 6. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the issuance of the Certificate of Official. 7. The Township of South Frontenac shall receive 5% of the value of the severed parcel, in lieu of parkland [Planning Act, s. 51(1)]. 8. The Owner shall submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the severed parcel. 9. The Owner shall demonstrate that the severed parcel has a suitable location for a private sewage disposal system to the satisfaction of Township Building Staff. This demonstration will be consistent with the “Call After You Dig – South Frontenac Sewage System Review for your Severance Application” guidelines. 10. In the event that there are abandoned wells located on the severed parcel or the retained property, the wells shall be sealed in accordance with the requirements of the Ministry of the Environment, Conservation and Parks and that this work shall be accomplished prior to the issuance of the Certificate of Official. 11. The applicant shall enter into a Development Agreement with the Township to be registered on title to the severed parcel to address the following matters and environmental standards of the Township: a. Requirement for an entrance permit; b. Requirement for a lot grading and drainage plan to be submitted at the building permit stage to address existing and proposed grades and drainage patterns within and adjacent to the development envelop, entrance, well and septic locations; c. Notice regarding compliance with the Endangered Species Act; d. Notice regarding archeological resources and human remains. Zoning www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 35 of 271

Township of South Frontenac Staff Report PL-BDJ-2024-0025

Where a violation of Zoning By-law No. 2003-75 is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township. Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Senior Planner

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

Page 36 of 271

FRO

Act.

requiring

application

requirement

transfer,

studies

fees

Valley Note:

re-

application

fees

c. P.1

authorization

Supporting

if permit

These

form

prior

amended

for

Township

Information

review

the be

proof

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Staff

identified

at to

title

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acquire

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lot)

(if documents

applic able)

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ent

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secure

that

agencies

new

Township Building $97.00 Nil $97.00

the

include).

es application.

I $105.00

the

d complete. o

which

Application

commissioned.

what to recommended wish may

and

considered

application

ent

or lot lot addition) this application only; to prior construction. any

disposal n)

It is You

Fee:

payable

submission

not

signed

will

cheque submitted to review fee may

sewage lot ad or lot addition)

separate

Planning $927.00 $209.00 $365.00

fee.

Authority (per new are consultation for on are applications required

Frontenac onsite (per new lot (per new or lot

Conservation

South Conservation

Question 25 details for and measurements. and crate the sketch. drafting of sketches.

W3;

10W

‘1qu

\V ED Con MAR 1-,

Fees (as applicable). A Conserva ‘on Authority, is to The on—site sewage disposal the fee to Township.

Review

Application of conditions of conditions

Type:

non-refundable

2022 R.S.O. 1990,

January

Deed

Required

Rideau Please additional

Agency: Township Cataraqui Quinte

Agency applicable application. application

Change Change circulation

Consent

Application

applicable

The

Updated Planning

fee

completed

meeting this

Sketch of A your proposal (see drawn with accurate dimensions to carefully assemble the data a who person specializes in the

copy

hard

meeting

wit

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One

2/6.

2/.

pre—consultation

I Pre—consultation

sub

Application Requirements The following items be must the below information required

AVA E

Page 37 of 271

Page 38 of 271

used

Personal

information

of requested

the

Information:

SOUTH FRONTENAC

CONSENT APPLICATION

. .. .. . .

will

when

the decision convenience

reviewing

an making and

application? approval

welfare of

authority. the present

shall and

future

have

regar d,

The effect of on development matters of provincial interest as referred to i Planning Act. n Whether the proposed severed lot is premature or in the interest. public Whether the consent conforms to the intent the of Of?cial Plan and a subdivision (if any) d j The suitability of the land for the purposes for which it is being severed a affordable If housing are units being the proposed. the suitability of pro c affordable housing po e sed The number, width, location and grades proposed and elevations of road n adequacy relation in to roadway way any proposed linking the severed proposed t established s roadway system. The dimensions and the of shape lot. proposed Any restrictions the on land (or subject on the buildings and structures be to restrictions any on abutting lands. Conservation natural of resources and flood control. The adequacy of utilities and municipal services. The adequacy of schools. The area of if any, exclusive roadways, of that is to be land. conveyed or dedi purposes (such as for parks). cate The physical con?guration of new the lot having energy regard to conservation.d Site Plan Control County of Frontenac Of?cial Plan Township of South Frontenac Official Plan Township of South Frontenac Zoning By-Law Provincial Policy Statement

an application, health, safety, and to:

the

considered

considering In to matters. municipality

What

information

the on application form is required under the Pla Township the for purpose reviewing of the application. nni available those to Commissions, Agencies Authorities, and Persons boards. having ng Any matter. questions regarding the collection of this information should be directed Treasurer of the Committee of Adjustment (P.O. Box Sydenham, 100, KOH Ont., 2T0, 3027 ext. 2224).

Personal

Collection

TOWNSHIP

Page 39 of 271

Page 40 of 271

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Page 41 of 271

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TOWNSHIP

Page 42 of 271

(acres or

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Page 43 of 271

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TOWNSHIP

Page 44 of 271

(NEW

Name

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you

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person(s)

highway

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whom

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the

seasonally

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TOWNSHIP

Page 45 of 271

the

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SOUTH

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describe specific Township you that

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indicate

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and Docking con?rmation

18.What

access

approximate

TOWNSHIP

Page 46 of 271

25.ls

applicant

current

Yes

SKETCH

guide

required be required

A “A

including

shows

must be completing

survey

acquire

Yes

provide owner 50 of

the

Official

land

for

uses

Act.

land,

for an order?

application under

Unknown

that there than the

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no is land

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a lawyer’s the subject Planning

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the

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for or

CONSENT

subject

zoning

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Number

E’No

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is the

FRONTENAC

For mor information on what the sketch needs to consent application form”. If your is application approved different frontages, area and was location than a submitted, submission of a new and application fees.*”

submitted.

must by the section

requesting

owner

SOUTH

for approval by—law or

been,

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the

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TOWNSHIP

Page 47 of 271

must

boundaries that

part roads/lanes

The the for

and to be each

arrow

natural

all

features label

propane

facility,

and road

are

from

septic drainage

name allowance,

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the

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railway

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the indicate

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(if

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the

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the

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subject property location of:

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systems,

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also the

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located the on the approximate

and

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information affect

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location, an unopened

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Please indicate the current uses agricultural and commercial uses barn structure from the proposed

any opinion

include

subject

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applicant‘s

Please

the

Buildings,

order in regarding

Barns

existence

Land?lls,

areas

cial Please

Existing

the

same both

FRONTENAC the

unless

of the including retained, and waterbodies.

land previously the subject land.

Waterbodies.

arti

Calculation Department

The

and

property.

between

owner

subject

All

current

the

location owner

distance

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include

SOUTH

following:

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the

must acceptable

dimensions

with

sketch be

not

include

the will

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sketch

that

feet

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The

note

and

Please

meters

TOWNSHIP

location any

used,

abandoned

nature

land

wells

easement on property

AGREEMENT

the

affecting

SOUTH FRONTENAC is by only, water please and the title documents

any

ACKNOWLEDGEMENT,

and

subject

TOWNSHIP

the

facilities

location

PERMISSION,

The

facilities

If access docking

the

AND

subject

DECLARATION

land.

this of

the agency

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payment commenting

part

is review

payment application

AGREEMENT

fees.

the

fee.

additional

Township

and

for

proof

the

ct payment )

corre

acting on review ma the need arise, y application to be agent legal

Frontenac (or

the

Should

INDEMNIFY

order

and/or

REQUIREMENTS

South payment

owner(s) review

application.

peer

ADDITIONAL

the registered property additional studies and/or the review my/our of of the as studies requested

being

hereby indemnify to and save applicant harmless The the agrees of Corporation Frontenac (“the Municipality“) expenses all costs and the Municipality from that connection with the processing the of for applicant’s application under the Pla approval nni Without limiting foregoing, the such costs include all legal, engineering, will planning, ng fees and incurred payable by the Municipality charges or to process the application expenses costs and arising from or incurred connection with the Municipality bei in ng by the requested to appear the hearing the applicant, at of Ontario to Lan any appeal d decision the Delegated any of Council, of Decision or Council, Adjustm Committee of ents, designated authority, as the case may approval hearing the applicant’s application. be.

The further Owner/Applicant to provide the Municipality. and agrees upon in request has been application to the Land with (over appealed Ontario a deposit and a Tribunal. fee), application which the Municipality time from from any to time may, charge fees b o incurred by the Municipality to for prepare and the hearing. participate in If such a v p exceed the the Owner/Applicant deposit, shall the difference forthwith upon pay bein e with interest the month (15% municipality, at rate of on 1 25% per per annum) accountsg p e than 30 days.

South

The

Attached representing required

complete.

that

completing

the undersigned. acknowledge

the by Township for responsible

I/ We. owner.

ACKNOWLEDGEMENT

acting accurate enter proposed

APPLICATION the parkin of g legal deeded

the location demonstrate

CONSENT

show

the undersigned, being the II We, owner(s) registered and/or property agent the owner that recorded agree information Consent in this Form is Application the representatives of and Township relevant commenting agencies may the for of determining purpose the the site property of for appropriateness the

(WI:

Page 48 of 271

Page 49 of 271

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Page 50 of 271

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Page 51 of 271

72 Acres

retalned

From: To: Subject: Date:

planning Notice of hearing - 2562 Rutledge Rd June 5, 2024 4:50:22 PM

Hi Kate, just looking to secure two seats at the June 13th committee of adjustment to hear the pros and cons of, PLBDJ20240037 and PLBDJ20240038 My comments are: what will be, or what can be done with the remaining 72ac? It looks like they are leaving the door open for future development of multiple homes. Is there a number of times a piece of property can be divided? Should the remaining 72ac be attached to one of the other two lots? Really there are 3 lots being created here. The paper work makes it sound like 2. Would the 72ac be residential as well, and could you build on this new lot? Troy and Natasha Buchanan 1251 Retreat Ln, Sydenham, ON K0H 2T0

Page 52 of 271

From: To: Subject: Date: Attachments:

planning Re: 2 parcel Severance - PL-BDJ-2024-0037 & 0038 (CARD) - 2562 Rutledge Road - URGENT Request for Information June 6, 2024 12:22:42 AM image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.png

Noah Perron, Planner Thank you for your immediate reply to my June 4 email. Page 1 Diagram is incorrect as my home at 1153 Retreat Lane is not the swamp off of Bridle Path Lane. My 15 acre home for the past 23 years is the lane extending from Rutledge Road to Sydenham Lake. Also incorrect is the reference to 12 Bridle Path Lane north of Retreat Lane. Yes, I do have questions

page 2 of the property sketch has “Road Allowance” marked at the end of Retreat Lane. What does this mean? I own Retreat Land from Rutledge Road for that approx 2026’ until the curve. Is there a Road Allowance at the end with Rutledge Road and Retreat Lane that the Township owns and would permit others to use. Specifically for Proposed Severance - Lot 1 to access their properties by Retreat Lane and using this Road Allowance as entry to this property?
This property with approximately 223 m frontage currently has 1 entry lane to Rutledge Road with existing dwelling Civic # 2562 on Severance 2. With Severance 1, it will have a 2nd entrance on to Rutledge Road on a road knoll making entry and exit a safety issue due to traffic visibility. It is expected that the retained lands of approximate 72 acres with 71 m frontage will also have a 3rd entrance to Rutledge Road. This is a rural area progressing into a development with these 2 Severances. much appreciated Carol Sparling

On Wed, Jun 5, 2024 at 12:49 PM planning planning@southfrontenac.net wrote: Hello Carol,

Please find attached a copy of the notice of public hearing for consent applications PL-BDJ-20240037 & PL-BDJ-2024-0038.

Page 53 of 271

Please let me know if you have any questions.

Best,

Noah Perron Planner Development Services Department Township of South Frontenac p: +613-376-3027 e: nperron@southfrontenac.net a: 4432 George St., Box 100, Sydenham, ON, K0H 2T0 www.southfrontenac.net

Please consider the environment before printing this email

From: Carol Sparling Sent: Tuesday, June 4, 2024 9:44 PM To: planning planning@southfrontenac.net Subject: 2 parcel Severance - PL-BDJ-2024-0037 & 0038 (CARD) - 2562 Rutledge Road - URGENT Request for Information

Kate Kaestner, Secretary/Treasurer Page 54 of 271

I have taken this information from the orange notice on a post on the Severance property beside my laneway Retreat Lane, Sydenham, ON

Two of my neighbours on Retreat Lane - 1251 Retreat Lane & 1243 Retreat Lane advised me that they have received on Monday June 3, 2024 from SF Township Notice and paperwork of these Severances. I have received nothing from SF Township of these 2 Severances and I own Retreat Lane from Rutledge Road to my 15 acre property/house at 1153 Retreat Lane.

I have lived at this address of 1153 Retreat Lane for 23 years purchasing it in July2001. My Roll # 040-010–12600-0000. I do not understand why I have not received Township information on these two Severances?

Possible Explanation: My TAX NOTICE in 2023 & 2024 changed the Municipal Address/Legal Description of my property INCORRECTLY TO 00012 Bridle Path Lane when for the past 22 years it has been 1153 Retreat Lane, Sydenham, ON Con5 Pt Lot 6. I have made multiple calls in 2023 & 2024 to both SF Tax and Civic Departments and no one returns my calls.

Finally in frustration this week, I called Municipal Property Assessment Corporation (MPAC) and spent 1 hour on email with Nicole who advised me that in September 2021, South Frontenac changed the Municipal Address/Legal Description of my 1153 Retreat Lane property to 00012 Bridle Path Lane ????? MPAC advised me that they will be contacting South Frontenac Township for a Correction

Could SF Township Notice to me of these 2 Severances have been sent to the INCORRECT address of 00012 Bridle Path Lane???? and remains lost mail now.

Again, I am Urgently seeing a Request for Information on these 2 Severances. thank you Carol Sparling

Page 55 of 271

Report from Public Services PL-BDJ-2024-0037 Application Number: ___________________________________________________

Kerrie and Jeremy Card Applicant’s Name: _____________________________________________________ 5 PT 6 Loughborough _____ Lot: _______________District:

Concession: _________________ Rutledge Road: ________________________________________________________________

Road Maintenance:

✔ Year-round □

Seasonal □

Sight Lines: Are there adequate sight lines for the entrance?

✔ Yes □

No □

If no, what changes would be required to improve sight lines? RETAINED PARCEL: ADEQUATE ENTRANCE SIGHT LINES. SEVERED PARCEL: ADEQUATE ENTRANCE SIGHT LINES

Road Conditions:

Are there any special drainage/ditching concerns related to creation of new lot(s)? ✔ Yes □ No □ If yes, what action is the applicant required to take?
Is the overall road condition adequate to serve increased development/traffic? ✔ Yes □ No □ If no, please explain, and indicate if there are any measures that could be taken to correct the inadequacies.

Road Widening Required? ✔ To be determined by an Ontario Land Surveyor □ Yes □ No □ Any specific requirement?

Collector Road - Rural Classification. Ensure that there is a 30m (100ft road allowance) otherwise applicant to dedicate any shortfall of 15m from centerline.

Approved by the Public Services? ✔ Yes □ Yes, with conditions □ No □ If yes, with conditions, please describe conditions below.

Signature on behalf of Public Services

2024-05-27

Date

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

Sewage System Review Comments To:

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

Application Number:

PLBDJ20240037

Type of Application or Proposal:

Planning Sewage Review - Consent Application

Applicant:

Jeremy & Karrie Card

(if applicable) Agent:

Location:

Comments:

102904001012500 2562 RUTLEDGE ROAD LOUGHBOROUGH CON 5 PT LOT 6;RP 13R5399 PT PARTS 1 AND 3 Two test holes dug on site with a machine to solid bedrock: one at 0.60m and one at 0.50m deep. Both contain a sandy-silty clay material with the second test hole containing a good amount of broken limestone. Any future on-site sewage system will need to be fully raised above the in-situ soil and bedrock. Specific requirements will be address when the site is developed.

Building Inspector: Matthew Doyle Date:

May 27, 2024 www.southfrontenac.net

South Frontenac is a welcoming and thriving rural community

Page 57 of 271

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

Page 58 of 271

May 28, 2024

File: SEV/FRS/118/2024 SEV/FRS/199/2024

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

Application for Consent to Sever PL-BDJ-2024-0037 & PL-BDJ-2024-0038 Pt Lot 6, Concession 5; 2562 Rutledge Road Loughborough District, Township of South Frontenac Waterbody: Unevaluated wetlands and unnamed watercourse

Staff of the Cataraqui Region Conservation Authority (CRCA) have reviewed the above-noted applications for consent to sever and offer the following comments for the Land Division Committee’s consideration, based on our role as a commenting agency responsible for natural hazards on Planning Act applications, and as administrator of Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits (formerly O. Reg. 148/06). Summary of the Proposal PL-BDJ-2024-0037 This application involves the severance of an approximately 0.93 ha (2.29 acre) vacant parcel from a large residential property. The retained lot would be approximately 30 ha (74 acres) and will continue to be used for residential purposes. It is expected that the severed lot will be used for future residential development. Both the severed and retained lots will maintain frontage on Rutledge Road. PL-BDJ-2024-0037 This application involves the severance of an approximately 0.93 ha (2.29 acre) parcel from a large residential property. The severed parcel will contain the existing dwelling and garage and will continue to be used for residential purposes. The vacant retained lot would be approximately 29 ha (71.71 acres) and is expected to be used for future residential development. Both the severed and retained lots will maintain frontage on Rutledge Road. Site Description The subject lands are located on the north side of Rutledge Road and occupy Pt Lot 6 in Concession 5 in South Frontenac Township. The topography of the subject lands varies considerably, with the lands generally sloping down towards the centre of the subject lands, creating a valley. Aerial

Page 59 of 271

Page 2 of 3 mapping and the Township’s Official Plan suggest there may be an unevaluated wetland and watercourse in this low-lying valley, which likely drains east and flows into Sydenham Lake. The property currently contains a residential dwelling and detached garage. The subject lands are designated ‘Rural’ in the Township’s Official Plan and are zoned ‘Rural’ (RU) the implementing Zoning By-law. Discussion CRCA’s scope of review with respect to this application is the avoidance of natural hazards (e.g. flooding and erosion) associated with the surface water features and the protection of the hydrologic functions of the wetlands. Natural Hazards / Ontario Regulation 41/24 Surface Water Features The subject lands appear to contain a watercourse and unevaluated wetland in the interior of the lot, north of the severed parcels, which are tributaries of Sydenham Lake. A suitable buffer area is necessary between any new development and the water features, as a buffer acts to protect the hydrologic function of these features and to avoid damaging flooding of property and erosion normally associated with these features. Cataraqui Conservation does not have floodplain mapping in this area – consequently we require a minimum 30 metre buffer (setback) horizontal from the highwater mark for any development. The 30 metre setback is consistent with the 30 metre setback in the Township’s zoning by-law. Based on the sketches submitted with the applications and topographic and aerial mapping, all three of the severed and retained parcels will have sufficient area to accommodate future development outside of the 30 metre setback from the wetlands and watercourses on the subject lands. Staff have no concerns from a natural hazards perspective. Recommendation Staff have no objection to the approval of applications PL-BDJ-2024-0037 and PL-BDJ-2024-0038 based on our consideration for natural hazard and regulatory policies. Ontario Regulation 41/24 Please note that portions of the subject lands are subject to Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits (formerly O. Reg. 148/06), which is administered by the CRCA. 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. Also to ensure the protection of wetlands. Current and future landowners are advised to contact CRCA before considering any work within 30 metres of the wetlands and watercourses. Please inform this office of any decision made by the Committee with regard to these applications. If you have any questions, please contact the undersigned at 613-546-4228 ext. 239, or by e-mail at jtreash@crca.ca. Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@Cataraqui Conservation.ca • 613-546-4228 • CataraquiConservation.ca

Page 60 of 271

Page 3 of 3

Yours truly,

Janelle Treash, RPP, MCIP Resource Planner

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

Page 61 of 271

To:

Committee of Adjustment

From:

Development Services Department

Report Date:

June 13, 2024

Subject:

Consent Application PL-BDJ-2024-0037, Card, 2562 Rutledge Road, Loughborough District

Summary Two consent applications were submitted concurrently for the subject lands. The Committee of Adjustment is being asked to make a decision on the applications. They are disputed consents per By-law 2020-27 because the retained parcel would not comply with the lot frontage requirements of Zoning By-law 2003-75. This report recommends approval of application PL-BDJ-2024-0037 (Lot 1). Background The purpose of the application is to create one new rural residential lot. The retained parcel will continue to be used as a rural lot. Related Applications The lands are also subject to consent application PL-BDJ-2024-0038 (Lot 2). A separate report has been prepared for this application. Application Details The proposed severed parcel for application PL-BDJ-2024-0037 (Lot 1) would have an area of approximately 2.3Ac with 76m of frontage on Rutledge Road. The severed parcel would be located on the west side of the property between Retreat Lane and the proposed Lot 2. The retained parcel would have approximately 72Ac of area, with 71m of frontage on Rutledge Road. Designation and Zoning The subject property is designated Rural in Schedule A of the Township Official Plan. The property is zoned Rural (RU) in Zoning By-law No. 2003-75. Review This application:  Conforms to section 51(24) of the Planning Act; www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report PL-BDJ-2024-0037

 Does not require a plan of subdivision for the proper and orderly development of the municipality (s. 53(1) Planning Act);  Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act);  Conforms to the County of Frontenac Official Plan (s. 3.3);  Conforms to the Township of South Frontenac Official Plan (s. 5.2, 5.7.4 & 7.1);  Will comply with Zoning By-law No. 2003-75 subject to a standard condition of rezoning or minor variance; and  Has no unresolved objections/concerns raised from agencies or the public. Property Description The Subject property is a large parcel of land on the north side of Rutledge Road, east of Sydenham. Existing development consists of a single detached dwelling and a detached storage building. All development is isolated to the southern portion of the property adjacent to Rutledge Road. Topography varies significantly across the property’s extent, with the lands generally sloping down towards the centre, forming a small valley. Within this low lying valley feature exists an unevaluated wetland and watercourse draining east towards Sydenham Lake. The surrounding area consists of mostly rural residential and limited service residential development. Department and Agency Comments Cataraqui Conservation provided comment on May 28, 2024, and cited no objection based on consideration for natural hazards and regulatory policies. CRCA Staff note that portions of the subject property are subject to O. Reg 41/24 under the Conservation Authority Act. Therefore, current and future landowners are advised to contact the CRCA before considering any work within 30m of the wetland and watercourse. Public Services provided comment on May 27, 2024. Public Services Staff have no objection to the approval of the consent application. It was noted that there are adequate sight lines to permit an entrance from Rutledge Road to the severed and retained parcels. The width of the road allowance is to be determined by an Ontario Land Surveyor. Any shortfall of the 30m road allowance, measured 15m from the centreline of Rutledge Road, in front of the severed lot shall be dedicated to the Township. Building Services provided comment on May 27, 2024. Building Services Staff have no objection to the approval of the application. Staff note that any future on-site sewage would need to be fully raised above the in-situ soil and bedrock. Specific requirements will be addressed when the site is developed. Public Comments No public comments were received at the time of the writing of this report.

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

Page 63 of 271

Township of South Frontenac Staff Report PL-BDJ-2024-0037

Planning Analysis Environmental Protection Policies Section 5.7.2 of the Official Plan establishes a minimum 30m setback from the highwater mark of all waterbodies and watercourses, including wetlands. Zoning By-law 2003-75 also required a minimum 30m setback from the highwater mark. The purpose of this setback is to minimize environmental impacts by reducing phosphorus inputs, preventing erosion and maintaining a natural appearance of waterfront areas. Within the 30m setback, vegetation should be disturbed as little as possible, and the soil mantle should not be altered. The wetland and watercourse would be located on the retained parcel, in approximately the middle of the property. Township Staff were satisfied that a building envelope exists outside of the required 30m setback from this feature. New development proposed on the retained parcel would need to be in compliance with this requirement. Rural Residential Development The PPS allows growth and development to be directed to rural lands, including lot creation that is locally appropriate. The County Official Plan and the Township Official Plan also permit residential development in the Rural Designation. Section 5.7.4 of the Official Plan indicates that a maximum of three rural residential lots may be created by consent from landholdings provided that the new lots meet the General Consent Policies, as well as all other applicable policies. There have been no severances from the property since the adoption of the Township Official Plan. Therefore, the subject property is eligible for severance. Section 5.7.4 requires the frontage, size and shape of any lot created for rural residential purposes through the severance process to be appropriate for the proposed use and to conform to the provisions of the Zoning By-law. The proposed severed lot would satisfy the minimum 0.8 hectares of area, and minimum 76m of frontage on a public road. The retained parcel would exceed the minimum lot area requirements but would likely not comply with the minimum frontage requirements. The frontage of the retained lands is estimated to be approximately 71m if both Lot 1 and Lot 2 are created with 76m frontage each. The rural residential policies (Section 5.7.4) of the Official Plan indicate that the Township may consider reductions in minimum lot size and frontage provided that the overall intent of the Official Plan is maintained. The frontage value for the retained parcel would need to be confirmed as a condition of approval of the consent application through the submission of the required draft reference plan to the Township. Should the reference plan determine that the retained lands have less than the minimum 76m of frontage, a minor variance would be required. If deemed necessary, a minor variance application for reduced frontage has been recommended as a condition of approval.

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

Page 64 of 271

Township of South Frontenac Staff Report PL-BDJ-2024-0037

General Consent Policies Section 7.1o) of the Township Official Plan enables the Township to impose certain conditions to the approval of a severance. A standard condition of severance approval is a development agreement addressing matters including, but not limited to, lot grading and drainage. Such a requirements ensures that runoff, as a result of site alteration, is appropriately directed and does not result in flooding. As such, it is recommended that a development agreement be registered on the title of the severed lands to address measures related to lot grading and drainage. The recommended lot grading and drainage plan is to address existing and proposed grades and drainage patterns within and adjacent to the development envelope, entrance, well and septic locations. Section 7.1s) speaks to the applicant providing sufficient information to substantiate that all lots created have a source of potable water and appropriate sanitary sewage disposal facilities. The applicant has demonstrated to the satisfaction of Building Services that the severed parcel would have the ability to be serviced by a private sewage disposal system. Further, the Township typically requires the ability to be serviced by private well to be demonstrated as a condition of consent approval. Conclusion The lands to be severed and the lands to be retained would be consistent with the Provincial Policy Statement, and in conformity with the land division policies (Section 7.1) of the Township of South Frontenac Official Plan. The severed lands would be in compliance with Zoning By-law No. 2003-75, and the retained lands would also be in compliance subject to the standard condition of minor variance. Notice/Consultation Notice of the Statutory Public Meeting was given pursuant to the requirements of the Planning Act, at least 14 days in advance of the Public Hearing. This included notice given: • • • •

Recommendation It is recommended that application PL-BDJ-2024-0037 be approved for consent for the creation of one new rural residential lot from a property civically addressed as 2562 Rutledge Road, Township of South Frontenac subject to the following conditions: Expiry Period

Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 65 of 271

Township of South Frontenac Staff Report PL-BDJ-2024-0037

refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands 2. The lands to be severed by Consent Application PL-BDJ-2024-0037 shall be for the creation of one new residential lot approximately 2.3 acres in area with a minimum of 76 metres of frontage on Rutledge Road. The lot area, frontage and configuration of the proposed severed lot shall be consistent with sketch submitted by the applicant (dated March 27, 2024), attached to the decision as “Schedule A”. Survey/Reference Plan or Registerable Description 3. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)]. 4. The surveyor or applicant shall submit the draft Reference Plan, including an area calculation and noting frontage along the road, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office. 5. The surveyor shall determine the frontage of the retained lands and provide confirmation of said frontage to the Township of South Frontenac prior to the applicant applying for a minor variance for deficient lot frontage per condition 12. Road Widening 6. The surveyor who prepares the reference plan referred to in Condition #3 and #4 shall also determine by survey the width of Rutledge Road to be 30m. If such a width is less than 30m, the owner shall dedicate to the Township land along the frontage of the severed lands in the following manner as required: a. The land to be dedicated shall be the width required to provide 15m from the centre of the existing travelled road for Rutledge Road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the issuance of the Certificate of Official; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report PL-BDJ-2024-0037

The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to the issuance of the Certificate of Official. Municipal Requirements 7. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the issuance of the Certificate of Official. 8. The Township of South Frontenac shall receive 5% of the value of the severed parcel, in lieu of parkland [Planning Act, s. 51(1)]. 9. The Owner shall submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the severed parcel. 10. In the event that there are abandoned wells located on the severed parcel or the retained property, the wells shall be sealed in accordance with the requirements of the Ministry of the Environment, Conservation and Parks and that this work shall be accomplished prior to the issuance of the Certificate of Official. 11. The applicant shall enter into a Development Agreement with the Township to be registered on title to the severed parcel to address the following matters and environmental standards of the Township: a. Requirement for an entrance permit; b. Requirement for a lot grading and drainage plan to be submitted at the building permit stage to address existing and proposed grades and drainage patterns withing and adjacent to the development envelope, entrance, well and septic locations; c. Notice regarding compliance with the Endangered Species Act; d. Notice regarding archeological resources and human remains. Zoning www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

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Township of South Frontenac Staff Report PL-BDJ-2024-0037

Where a violation of Zoning By-law No. 2003-75 is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township. Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Senior Planner

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

Page 68 of 271

Page 69 of 271

FRO

3mm

ent Application

CO”

SOUTHFRONTENAC

OF TOWNSHIP

TENAW

27 2024

Pre-consultation meeting fee $105.00

non-refundable

Building Fee: $97.00 Nil $97.00

$1,024.00 $209.00 $462.00

TOTAL:

TOTAL: $515 $425 $358

$490

Agency: Township of South Frontenac onsite sewage disposal review (per new lot) Cataraqui Conservation (per new lot or lot addition) Quinte Conservation (per new lot or lot addition)

Rideau Valley Conservation Authority (per new lot or lot addition)

Agency Review Fees (as applicable). A separate cheque or proof or payment, payable to the applicable Conservation Authority, is to be submitted to the Township with the completed application. The on-site sewage disposal review fee may be included in the payment of the application fee to the Township.

(Z/5.

Planning Fee: $927.00 $209.00 $365.00

application fee, payable to the Township of South Frontenac:

Application Type: Consent Application Change of conditions Change of conditions requiring recirculation

9/4.The applicable

3 . A Sketch of your proposal (see Question 25 for details on what to include). The sketch must be drawn with accurate dimensions and measurements. It is recommended that you take your time to carefully assemble the data and crate the sketch. You may wish to secure the assistance of a person who specializes in the drafting of sketches.

2.One hard copy of this completed application form signed and commissioned.

A pre-consultation meeting is a requirement prior to submission of the application.

Z/t

Application Requirements

DEPARTMENT PLANNING The following items must be submitted with your application. Any application which does not include the below required information may not be accepted or will not be considered complete.

silk:

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when reviewing an application?

The effect of development on matters of provincial interest as referred to in Section 2 of the Planning Act. Whether the proposed severed lot is premature or in the public interest. Whether the consent conforms to the intent of the Official Plan and adjacent plans of subdivision (if any) The suitability of the land for the purposes for which it is being severed lf affordable housing units are being proposed, the suitability of the proposed units for affordable housing The number, width, location and proposed grades and elevations of roadways and their adequacy in relation to any proposed roadway linking the proposed severed area with the established roadway system. The dimensions and shape of the proposed lot. Any restrictions on the subject land (or on the buildings and structures to be erected on it) and any restrictions on abutting lands. Conservation of natural resources and flood control. The adequacy of utilities and municipal services. The adequacy of schools. The area of land, if any, exclusive of roadways, that is to be conveyed or dedicated for public purposes (such as for parks). The physical configuration of the new lot having regard to energy conservation. Site Plan Control County of Frontenac Official Plan Township of South Frontenac Official Plan Township of South Frontenac Zoning By-Law

In considering an application, the decision making approval authority, shall have regard, among other matters, to the health, safety, convenience and welfare of the present and future inhabitants of the municipality and to:

What is considered

Personal information requested on the application form is required under the Planning Act. This information will be used by the Township for the purpose of reviewing the application. It may be made available to those boards, Commissions, Authorities, Agencies and Persons having an interest in this matter. Any questions regarding the collection of this information should be directed to the Secretary Treasurer of the Committee of Adjustment (P.O. Box 100, Sydenham, Ont., KOH2T0, Phone 613-3763027 ext. 2224).

Collection of Personal Information:

TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION

Page 71 of 271

I<O\

IQI’}? QSB-qqgég

Communications

are to be sent to:

Signature(s) of Owner(s) Agent

ZI/Owner(s) El

Agent as named above is hereby authorized to act on behalf of the owners for purposes of processing this application (please fill out the last page).

Email Address of Authorized Applicant/Agent:

Phone number of Authorized Applicant/Agent:

Full Mailing Address of Authorized Applicant/Agent:

Name of Authorized Applicant/Agent:

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, be provided below.

\I :51 ) SI 09C§§§S03%W‘0:\

IQISIEIg‘I-§£R

Ar\

File Number:

tic-IiQTO

Email Address of Owner(s): hg 20%?gg

Phone number of Owner(s): I

@bemm (bk)

Full Mailing Address of Owner(s):

Name of Owner(s):

Date Received:

For Office Use Only

TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION

IQEII) I)II)

)

Part Number(s):

I’I9T0

OIISIS

N/A

I:ICharge/Discharge of Mortgage

I:IEasement (right of way) I:ILot Addition

Creation of a New Lot

Select thet pe of consent being applied for:

DepthIm):

Name of Waterbody:

Frontage on water (m):

I:ICorrection of Title I:ILease I:IOther:

Area(acres/ha):

Name of Road/Lane: ‘

(99:5

25 IQAAQB; 3 E I a j?g

Frontage on road/lane (m):

Indicate the frontage(s), depth and area of the subject land. The subject land is the whole property prior to any changes. Please indicate the name of the road/lane and waterbody (if applicable).

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Lot Number’ —®—

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Storrington

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Date of Meeting:

Date Fee Paid:

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Property Identification Number( (:PlN)

RollNumber:

Reference Plan Number:

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Concession Number: j__

Civic Address:

District:

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I] No

Name of PlannerI Kg

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consulted with Township Planning Staff regarding this application?

The description of the subject land:

TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION

Please provide a brief description of your application. Indicate the reason why you are applying for a

Page 72 of 271

Page 73 of 271

—

Complete this section ONLY if you are applying to create a new lot.

.va l3? 3.1% acres

46 J1 m %W 9a

new lot):

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Severed Lot (Proposed

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Retained Lot:

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Retained Lot:

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Please list the existing and proposed USES and STRUCTURES.

Acres (acres or ha):

Depth (m):

Name of Waterbody:

Frontage on Water (m):

Name of Road/Lane:

Frontage on Road/Lane (m):

Severed Lot (Proposed new lot):

The following information is regarding the land intended to be severed (created) and the land to be retained.

Create a NEW LOT

TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION

Page 74 of 271

LOT ADDITION

—

Lot Addition (Severed

Retained Lot:

Name of Waterbody:

Frontage on Water (m):

Name of Road/Lane:

Frontage on Road/Lane (m):

Existing Benefitting Lot: (Before Lot Addition)

Enlarged Lot with added Land: (After Lot Addition)

The following information is regarding the Benefitting Lands also known as the land being enlarged which are receiving the lot addition.

Acres (acres or ha):

Depth (m):

Name of Waterbody:

Frontage on Water (m):

Name of Road/Lane:

Frontage on Road/Lane (m):

Proposed parcel):

Complete this section ONLY if you are applying for a lot addition. The following information is regarding the land intended to be severed (created) and the land to be retained.

TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION

Retained Parcel

Holding Tank (Class 5)

Greywater Pit (Class 2)

[:I

I:I I:I Privy/Outhouse (Class 1)

Greywater Pit (Class 2)

Holding Tank (Class 5)

Leaching bed (Class 4)

individual

communal

MK DUnknown

I:IYes

Q Egg; QE

?g ?gg? Q6)

Please indicate whether access to the land will be by:

The retained lot:

The new lot (lot addition or Right of Way):

Name of road or lane which accesses:

16.Are you aware of any abandoned wells on the subject property?

15.Are there any existing easements or restrictive covenants? Yes If Yes, please provide a description of each easement or covenant and its effect:

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

I:I I:I

I:I

owned and operated septic system:

system

g/s{atic individual Privately

Privy/Outhouse (Class 1)

Leaching Bed (Class 4)

I:I

Privately owned and operated septic system:

system

E/septic

I:I Publicly owned and operated communal I:I Publicly owned and operated

(NEW LOT) Severed Parcel

13.Type of Sewage Disposal System Proposed (How willsewage disposal system be provided?):

Page 75 of 271

The Retained Lot:

The New Lot:

N [A

lf access is by water only, describe the parking and docking facilities to be used and the approximate distance of these facilities from the subject land and the nearest public road. Parking and Docking for water access only properties MUST be legally deeded access. Please provide con?rmation.

TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION

Ag:

Please explain:

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D Unknown Po

Numagkrtf’as

Is the application consistent with the 2020 Provincial Policy Statement?
Please describe how the application conforms with the Township Of?cial Plan & County Official Plan by citing specific applicable sections and sub sections. Please make sure to look at Sections 5 and 7 in the Township Official Plan and Section 3 in the County Official Plan. If you are unsure, please indicate that you do not know.

3;-xou\

What is the current Official Plan Designation of the subject lands?

luau

18.What is the zoning of the subject lands? (Check www.frontenacmaps.ca)

Page 76 of 271

El Minister’s Zoning Order

El Zoning By-law Amendment

El Official Plan Amendment

El Site Plan Approval

El Minor Variance

EJ/Consent

El Plan of Subdivision

Application Type

Yes Application Number

D No

Norm?" AQ‘J’N wet «92‘»an

92%

Date of Application

III Unknown Decision

Has the subject land ever been, or is currently, the subject of an application for approval of a plan of subdivision under section 51 of the Planning Act, for a consent under section 53 of the Planning Act, for a minor variance, for approval of a site plan, or for an amendment to an of?cial plan, an amendment to the zoning by-law or a Minister’s zoning order? Complete all applicable

TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION

I] Yes

Is the applicant requesting a Certificate of Official for the retained land? I:IYes
Did the current owner acquire the subject land as a result of a consent?

D Yes

23.Has land been previously severed from the subject property, since September 5, 2000? Ifyes, please provide date of transfer; name of transferee and uses of the land.

Page 77 of 271

nearest

also

Waterbodies, watercourses, areas

Landfills, propane facility, quarry’s and pits

Barns

drainage ditches, river or stream banks, wetlands, wooded

Existing Buildings, wells and septic systems, bridges, railways, roads, hydro lines

subject property. Please label and show the approximate location of:

E?‘xll natural and artificial features that are located on the subject property and on land beside the

current owner of the subject land.

IZ/The location of all land previously severed from the parcel (if applicable) originally acquired by the

of the subject

midicate ifthe owner property owns other lands near the proposal. IZI/The distance between the subject land and the road, bridge or railway crossing

boundaries and dimensions of the whole property. LABELthe part that is to be severed and the part that is to be retained, including the total area (acres or hectares), road frontages on all roads/lanes for each and waterbodies.

B‘he

arrow with North at the top of the page.

deirectional

The sketch must include the following:

Please note that the sketch must include the same metric as on the application, switching between meters and feet will not be acceptable unless both are shown.

TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION

Note: The existence of a nearby barn will require you to complete a Minimum Distance Separation Calculation in order to consider compatibility issues. Please check with the Planning Department regarding the implications of any farm structure, on your application.

agricultural and commercial uses (if agricultural, please indicate the approximate distance of any

MAI:I Please indicate the current uses of land that is surrounding the property, such as residential,

applicant’s opinion may affect the application

Nit I:I Please include any information on natural and artificial features (as listed above) that in the

Page 78 of 271

TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION

Without limiting the foregoing, such costs will include all legal, engineering, planning, and consulting fees and charges incurred or payable by the Municipality to process the application together with all costs and expenses arising from or incurred in connection with the Municipality being required, or requested by the applicant, to appear at the hearing of any appeal to the Ontario Land Tribunal from any decision of the Council, Delegated Decision of Council, or Committee of Adjustments, of their

The applicant hereby agrees to indemnify and save harmless The Corporation of the Township of South Frontenac (“the Municipality") from all costs and expenses that the Municipality may incur in connection with the processing of the applicant’s application for approval under the Planning Act.

AGREEMENT TO INDEMNIFY

Attached to this application is payment to the Township of South Frontenac in the correct amount representing payment of the application fee, and additional payment (or proof of payment) for any required commenting agency review fees.

I/ We, the undersigned, being the registered property owner(s) and/or agent acting on behalf of the owner, acknowledge that additional studies and/or peer review and/or legal review may be required by the Township as a part of the review of my/our application. Should the need arise, l/we are responsible for completing the studies as requested in order for the application to be deemed complete.

ACKNOWLEDGEMENT OF ADDITIONAL REQUIREMENTS

H We, the undersigned, being the registered property owner(s) and/or agent acting on behalf of the owner agree that the information recorded in this Consent Application Form is accurate and agrees that representatives of the Township and relevant commenting agencies may enter onto the subject property for the purpose of determining the appropriateness of the site for the proposed development.

PERMISSION, ACKNOWLEDGEMENT, AGREEMENT AND DECLARATION OF APPLICATION

[VA/I]The location of any abandoned wells on the property

The location and nature of any easement affecting the subject land. NkIZI

if access to the subject land is by water only, please show the location of the parking and boat docking facilities to be used, and the title documents to demonstrate legal deeded use of these facilities

PM":

Page 79 of 271

Page 80 of 271

(Municipality, Town, City name)

6x. @\£\i’\O¥W\

(Name of Owner / Agent)

(Day)

On this

day of

2’"

(Month)

Marc/l»

Sworn (or declared) before me in the

Year)

,ZO?L.

(Municipality name)

Ice-swish; up SEFI’LRVCI-WQ.

do solemnly declare that the information contained in this application is true and that the information contained in the documents that accompany this application is true, and acknowledge that personal information and all other material collected on this form and provided to the municipality as part of this application, including all names, addresses, opinions and comments, is collected under the authority of the Planning Act, R.S.O. 1990, as amended, will be used to assist in making a decision on this matter and will be made available for public disclosure. lNVe are aware the information collected in this Application will be provided in the applicable Agenda and posted on the Township’s website.

l/VVe,

Note: Do not sign until in the presence of the Commissioner of Oaths. You will be required to provide photo identification (i.e. driver’s license).

DECLARATION FOR THE PRESCRIBED INFORMATION

The applicant/owner acknowledges and agrees that if any amount owing to the Municipality in respect of the application is not paid when due, the Municipality will not appear before the Ontario Land Tribunal in in connection with the application until the invoice has been paid in full.

TOWNSHIP OF SOUTH FRONTENAC CONSENT APPLICATION

NV’I

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TZSI 1247 RET\REAT l LANE RETREATLANE

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Subject Property Proposed Severance (Lot 1) Proposed Severance (Lot 2)

V/A Provincially Signi?cant Wetland

SLUMBER LANE

Retained Lands

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Wetland

RUTLEDGE RD

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

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Page 81 of 271

RUTLEDGE RD

2672

RD RUTLEDGE RD RUTLEIDJGE 1004

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2685 ,

I Township Boundary

200 m

UTM Zone 18 NAD 83 SYDENHAM RD Date: 2024—04—02

Page 82 of 271

72 Acres

retalned

From: To: Subject: Date:

planning Notice of hearing - 2562 Rutledge Rd June 5, 2024 4:50:22 PM

Page 83 of 271

From: To: Subject: Date: Attachments:

page 2 of the property sketch has “Road Allowance” marked at the end of Retreat Lane. What does this mean? I own Retreat Land from Rutledge Road for that approx 2026’ until the curve. Is there a Road Allowance at the end with Rutledge Road and Retreat Lane that the Township owns and would permit others to use. Specifically for Proposed Severance - Lot 1 to access their properties by Retreat Lane and using this Road Allowance as entry to this property?
This property with approximately 223 m frontage currently has 1 entry lane to Rutledge Road with existing dwelling Civic # 2562 on Severance 2. With Severance 1, it will have a 2nd entrance on to Rutledge Road on a road knoll making entry and exit a safety issue due to traffic visibility. It is expected that the retained lands of approximate 72 acres with 71 m frontage will also have a 3rd entrance to Rutledge Road. This is a rural area progressing into a development with these 2 Severances. much appreciated Carol Sparling

On Wed, Jun 5, 2024 at 12:49 PM planning planning@southfrontenac.net wrote: Hello Carol,

Please find attached a copy of the notice of public hearing for consent applications PL-BDJ-20240037 & PL-BDJ-2024-0038.

Page 84 of 271

Please let me know if you have any questions.

Best,

Please consider the environment before printing this email

Kate Kaestner, Secretary/Treasurer Page 85 of 271

I have taken this information from the orange notice on a post on the Severance property beside my laneway Retreat Lane, Sydenham, ON

Could SF Township Notice to me of these 2 Severances have been sent to the INCORRECT address of 00012 Bridle Path Lane???? and remains lost mail now.

Again, I am Urgently seeing a Request for Information on these 2 Severances. thank you Carol Sparling

Page 86 of 271

Report from Public Services PL-BDJ-2024-0038 Application Number: ___________________________________________________

Kerrie and Jeremy Card Applicant’s Name: _____________________________________________________ 5 PT 6 Loughborough _____ Lot: _______________District:

Concession: _________________ Rutledge Road: ________________________________________________________________

Road Maintenance:

✔ Year-round □

Seasonal □

Sight Lines: Are there adequate sight lines for the entrance?

✔ Yes □

No □

If no, what changes would be required to improve sight lines? RETAINED PARCEL: ADEQUATE ENTRANCE SIGHT LINES. SEVERED PARCEL: ADEQUATE ENTRANCE SIGHT LINES

Road Conditions:

Are there any special drainage/ditching concerns related to creation of new lot(s)? ✔ Yes □ No □ If yes, what action is the applicant required to take?
Is the overall road condition adequate to serve increased development/traffic? ✔ Yes □ No □ If no, please explain, and indicate if there are any measures that could be taken to correct the inadequacies.

Road Widening Required? ✔ To be determined by an Ontario Land Surveyor □ Yes □ No □ Any specific requirement?

Collector Road - Rural Classification. Ensure that there is a 30m (100ft road allowance) otherwise applicant to dedicate any shortfall of 15m from centerline.

Approved by the Public Services? ✔ Yes □ Yes, with conditions □ No □ If yes, with conditions, please describe conditions below.

Only one (1) entrance is permitted as access to the severed parcel. Applicant shall remove two (2) of the three (3) existing entrances.

Signature on behalf of Public Services

2024-05-27

Date

Page 87 of 271

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

Sewage System Review Comments To:

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

Application Number:

PLBDJ20240038

Type of Application or Proposal:

Planning Sewage Review - Consent Application

Applicant:

Jeremy & Karrie Card

(if applicable) Agent:

Location:

102904001012500 2562 RUTLEDGE ROAD LOUGHBOROUGH CON 5 PT LOT 6;RP 13R5399 PT PARTS 1 AND 3

Comments:

The existing dwelling on the proposed parcel is already served by a well and sewage system. There is ample room on the proposed parcel for a replacement sewage system in the future.

Building Inspector: Matthew Doyle Date:

May 27, 2024

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

Page 88 of 271

May 28, 2024

File: SEV/FRS/118/2024 SEV/FRS/199/2024

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

Page 89 of 271

Page 90 of 271

Page 3 of 3

Yours truly,

Janelle Treash, RPP, MCIP Resource Planner

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

Page 91 of 271

To:

Committee of Adjustment

From:

Development Services Department

Report Date:

June 13, 2024

Subject:

Consent Application PL-BDJ-2024-0038, Card, 2562 Rutledge Road, Loughborough District

Summary Two consent applications were submitted concurrently for the subject lands. The Committee of Adjustment is being asked to make a decision on the applications. They are disputed consents per By-law 2020-27 because the retained parcel would not comply with the lot frontage requirements of Zoning By-law 2003-75. This report recommends approval of application PL-BDJ-2024-0038 (Lot 2). Background The purpose of the application is to create one new rural residential lot. The proposed severed lot would already be developed with a single dwelling and detached storage structure. The retained parcel will continue to be used as a rural lot. Related Applications The lands are also subject to consent application PL-BDJ-2024-0037 (Lot 1). A separate report has been prepared for this application. Application Details The proposed severed parcel for application PL-BDJ-2024-0038 (Lot 2) would have an area of approximately 2.3Ac with 76m of frontage on Rutledge Road. The severed parcel would be located on east side of proposed lot 1. The retained parcel would have approximately 72Ac of area, with 71m of frontage on Rutledge Road. Designation and Zoning The subject property is designated Rural in Schedule A of the Township Official Plan. The property is zoned Rural (RU) in Zoning By-law No. 2003-75. Review This application:  Conforms to section 51(24) of the Planning Act; www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 92 of 271

Township of South Frontenac Staff Report PL-BDJ-2024-0038

 Does not require a plan of subdivision for the proper and orderly development of the municipality (s. 53(1) Planning Act);  Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act);  Conforms to the County of Frontenac Official Plan (s. 3.3);  Conforms to the Township of South Frontenac Official Plan (s. 5.2, 5.7.4 & 7.1);  Will comply with Zoning By-law No. 2003-75 subject to a standard condition of rezoning or minor variance; and  Has no unresolved objections/concerns raised from agencies or the public. Property Description The Subject property is a large parcel of land on the north side of Rutledge Road, east of Sydenham. Existing development consists of a single detached dwelling and a detached storage building. All development is isolated to the southern portion of the property adjacent to Rutledge Road. Topography varies significantly across the property’s extent, with the lands generally sloping down towards the centre, forming a small valley. Within this low lying valley feature exists an unevaluated wetland and watercourse draining east towards Sydenham Lake. The surrounding area consists of mostly rural residential and limited service residential development. Department and Agency Comments Cataraqui Conservation provided comment on May 28, 2024, and cited no objection based on consideration for natural hazards and regulatory policies. CRCA Staff note that portions of the subject property are subject to O. Reg 41/24 under the Conservation Authority Act. Therefore, current and future landowners are advised to contact the CRCA before considering any work within 30m of the wetland and watercourse. Public Services provided comment on May 27, 2024. Public Services Staff have no objection to the approval of the consent application. The severed parcel currently has three entrances from Rutledge Road. Public Services Staff note that the applicant shall remove two of the three existing entrances. The removal of entrances is to be addressed to the satisfaction of Township Public Services staff as a condition of approval. Further, Staff note that there are adequate sightlines to permit an entrance from Rutledge Road for the retained parcel. Road Widening is to be determined by an Ontario Land Surveyor. Any shortfall of the 30m road allowance measured 15m from the centreline of Rutledge Road, in front of the severed lot shall be dedicated to the Township. Building Services provided comment on May 27, 2024. Building Services Staff have no objection to the approval of the application. Staff note that the existing dwelling on the severed parcel is already served by a well and sewage system. Further, it was noted that there is ample room on the severed parcel for a replacement sewage system in the future.

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

Page 93 of 271

Township of South Frontenac Staff Report PL-BDJ-2024-0038

Public Comments No public comments were received at the time of the writing of this report. Planning Analysis Environmental Protection Policies Section 5.7.2 of the Official Plan establishes a minimum 30m setback from the highwater mark of all waterbodies and watercourses, including wetlands. Zoning By-law 2003-75 also required a minimum 30m setback from the highwater mark. The purpose of this setback is to minimize environmental impacts by reducing phosphorus inputs, preventing erosion and maintaining a natural appearance of rural areas. Within the 30m setback, vegetation should be disturbed as little as possible, and the soil mantle should not be altered. The wetland and watercourse would be located on the retained parcel, in approximately the middle of the property. Township Staff were satisfied that a building envelope exists outside of the required 30m setback from this feature. New development proposed on the retained parcel would need to be in compliance with this requirement. Rural Residential Development The PPS allows growth and development to be directed to rural lands, including lot creation that is locally appropriate. The County Official Plan and the Township Official Plan also permit residential development in the Rural Designation. Section 5.7.4 of the Official Plan indicates that a maximum of three rural residential lots may be created by consent from landholdings provided that the new lots meet the General Consent Policies, as well as all other applicable policies. There have been no severances from the property since the adoption of the Township Official Plan. Therefore, the subject property is eligible for severance. Section 5.7.4 requires the frontage, size and shape of any lot created for rural residential purposes through the severance process to be appropriate for the proposed use and to conform to the provisions of the Zoning By-law. The proposed severed lot would satisfy the minimum 0.8 hectares of area, and minimum 76m of frontage on a public road. The severed parcel would contain the existing dwelling and detached storage structure. The existing dwelling was built prior to the adoption of the Township Zoning By-law and is therefore considered a legal non-conforming use. The dwelling complies with all requirements of the zoning by-law, with the exception of the 10m front yard setback. The creation of the proposed severed lot would not result in the creation of any noncompliant setback values, nor would it facilitate the increase of existing legal non-conforming setback values. Additionally, the creation of the proposed severed lot would not impact the ability of the parcel to function as a rural residential property. However, future development or re-development would need to be in compliance with the requirements of the Zoning By-law. The retained parcel would exceed the minimum lot area requirements but would likely not comply with the minimum frontage requirements. The frontage of the retained lands is estimated to be approximately 71m if both Lot 1 and Lot 2 are created with 76m frontage www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 94 of 271

Township of South Frontenac Staff Report PL-BDJ-2024-0038

each. The rural residential policies (Section 5.7.4) of the Official Plan indicate that the Township may consider reductions in minimum lot size and frontage provided that the overall intent of the Official Plan is maintained. The frontage value for the retained parcel would need to be confirmed as a condition of approval of the consent application through the submission of the required draft reference plan to the Township. Should the reference plan determine that the retained lands have less than the minimum 76m of frontage, a minor variance would be required. If deemed necessary, a minor variance application for reduced frontage has been recommended as a condition of approval. General Consent Policies Section 7.1s) of the Township Official Plan speaks to the applicant providing sufficient information to substantiate that all lot created have a source of potable water and appropriate sewage disposal facilities. The proposed severed lot would already be developed with a private well and sewage disposal system. Conclusion The lands to be severed and the lands to be retained would be consistent with the Provincial Policy Statement, and in conformity with the land division policies (Section 7.1) of the Township of South Frontenac Official Plan. The severed lands would be in compliance with Zoning By-law No. 2003-75, and the retained lands would also be in compliance subject to the standard condition of minor variance. Notice/Consultation Notice of the Statutory Public Meeting was given pursuant to the requirements of the Planning Act, at least 14 days in advance of the Public Hearing. This included notice given: • • • •

Recommendation It is recommended that application PL-BDJ-2024-0038 be approved for consent for the creation of one new rural residential lot from a property civically addressed as 2562 Rutledge Road, Township of South Frontenac subject to the following conditions: Expiry Period

Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 95 of 271

Township of South Frontenac Staff Report PL-BDJ-2024-0038

Severed Lands 2. The lands to be severed by Consent Application PL-BDJ-2024-0038 shall be for the creation of one new residential lot approximately 2.3 acres in area with a minimum of 76 metres of frontage on Rutledge Road. The lot area, frontage and configuration of the proposed severed lot shall be consistent with sketch submitted by the applicant (March 27, 2024), attached to the decision as “Schedule A”. Survey/Reference Plan or Registerable Description 3. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)]. 4. The surveyor or applicant shall submit the draft Reference Plan, including an area calculation and noting frontage along the road, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office. 5. The surveyor shall determine the frontage of the retained lands and provide confirmation of said frontage to the Township of South Frontenac prior to the applicant applying for a minor variance for deficient lot frontage per condition 12. Road Widening 6. The surveyor who prepares the reference plan referred to in Condition #3 and #4 shall also determine by survey the width of Rutledge Road to be 30m. If such a width is less than 30m, the owner shall dedicate to the Township land along the frontage of the severed lands in the following manner as required: a. The land to be dedicated shall be the width required to provide 15m from the centre of the existing travelled road for Rutledge Road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the issuance of the Certificate of Official; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule:

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

Page 96 of 271

Township of South Frontenac Staff Report PL-BDJ-2024-0038

The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to the issuance of the Certificate of Official. Municipal Requirements 7. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the issuance of the Certificate of Official. 8. The Township of South Frontenac shall receive 5% of the value of the severed parcel, in lieu of parkland [Planning Act, s. 51(1)]. 9. In the event that there are abandoned wells located on the severed parcel or the retained property, the wells shall be sealed in accordance with the requirements of the Ministry of the Environment, Conservation and Parks and that this work shall be accomplished prior to the issuance of the Certificate of Official. 10. The owner shall remove two (2) of the three (3) existing entrances on the severed parcel to the satisfaction of Township Public Services staff. The owner must contact Public Services staff (Evan Bancroft) to discuss which two entrances will be removed and any associated remediation measures that will be required to satisfy this condition. Zoning 11. Where a violation of Zoning By-law No. 2003-75 is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township. Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Senior Planner

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

Page 97 of 271

Page 98 of 271

Page 99 of 271

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Page 100 of 271

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Page 101 of 271

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Page 102 of 271

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Page 103 of 271

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question

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location

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Page 104 of 271

Page 105 of 271

and

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to address

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on number

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your behalf should

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APPLICATION c. P.13 1990,

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Act,

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someone and phone

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SOUTH Planning

complete

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roads

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are asking rather m a structure an accessory 25

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the Township; but lanes

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are

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the

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question

the with

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acres:

—

come

zoning:

area,

Nature and Extent of Relief: This question is asking what variance for it could be example, that are asking to you water or that are asking mark, to you increase the height water or that you are seeking a variance to mark. construct front lot line than the building. principal

you

depth,

of the Subject Land: District: The Districts are the same as the former Townships. If you the roll number (the long number beginning with 1029) on your tax bill. 020 or 010, district is 030, your the numbers are Bedford; if 040— Loughborough; the numbers if 060 are or your 070, district is050, Storri numbers are your ngton: district is Portland. 080. Concession and Lot Numbers: are not if you check your sure, tax bill Street Number: Your civic address civic number has if a not been a ss blank. space ig Name of Road/Street: This applies question whether or are o not you nn a road. public e Reference Plan No: If your property has been surveyed, it will a have d, one or more parts on that plan. If your has not been surveyed, property blank. Roll No: This is the number beginning with ‘1029' which on appears y o take time look it up to before submitting the application.

wish name,

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TOWNSHIP

Page 106 of 271

Parking

Description structure the from

Proposed but for if, then the described

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are

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——

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other

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supply:

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19)Date

18)Uses would space.

build

you

the

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VARIAN CE

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land

only

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property

can

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FOR amended

the building be accomplished the Committee at the to beginning permission to add on your to it clear that there is demolition

decks,

ALL proposed addition to

additions.

must

structures

vacant

relevant

to this question be will vacant, and are you 10 would be “vacant

You deck

“residential” planning

only

APPLICATION 1990, c. P.13

business,

currently section in

there

structures:

are If you includes

buildings

retail

FRONTENAC Act, R…SO

question

construction: construct columns.

This

Generally, the land to be described section 13 would

example,

Uses:

and

ANY

residential,

This

SOUTH Planning

of buildings on your property. residence.

Uses:

and

demolition n: All requires a proposed addition or increase of existing walls. is made If this not clear may find although you are that, granted actually do it because you have made not

Demo instances,

17)Raising a basement

you

are information

Description

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Existing

water.

TOWNSHIP

Page 107 of 271

yes:

the

SKETCH:

drawn

the

there file

has

been

to before

etc.? Is

specific

the

has

Indemnify: submitting All owners

are not (PLEASE

for provide

previous and what

Must be signed the application, must sign the

been

for

consent

but

detailed,

front of a commissioner sign the application application, or it can

in be

professional

dimensions accepted.

a a

any

granted

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there

th e

m ay with

VARIAN CE

(severance)

MINOR

of oaths front of signed

and

accurate,

on the property? other special the seller will pr owner. ob ab ly granted on the property, the of were, Variance

variance be aware a new

severance this

FOR

amended

constructed

or subdivision information)

sewage

application

variance details

the

enough the need to drawn to scale, USE RULER), A

help

have

private

APPLICATION P.13 1990, c.

been a minor probably will by—law. are If you

you

ever

can

be that

currently

application

there

ditches

will

FRONTENAC Act, R.S.O.

answer

stress necessarily

been if known,

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cannot not

appointed.

SOUTH

Planning

is a current number. (Staff

consent:

that neatly

cases there

there number

commissioners.

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for property?

sketch. You but sketches

not

most

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variance: owner of the a variance to aware of this.

yes: If application

for you

time

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indicate

for

Application

Drainage: natural

Septic:

TOWNSHIP

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Inset Map /»m

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ALTO N ROAD EAST I»)

SOUTH

FRONTENAC

RUTLEDGE ROAD

a < o

PL-ZNA-2024-0015 (DEROCHE)

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1048 SHALLOW LANE Legend

Subject Property

7/// Provincially Significant Wetland Wetland Wooded Area Lake Trout Lake At Capacity —

Lake Trout Lake

—

Not at Capacity

Non—LakeTrout Lake At Capacity —

Waterbody Township Boundary Road

Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2022.

Page 108 of 271

NHANl ROAD ‘\t\(

RETREA/~ ENV’t V 3H5

While the County makes every effort to insure that the information presented is accurate for the intended uses oftnis map, there is an inherent error in all mapping products, and accuracy ofthe mapping cannol be guaranleed for all possible uses. This map displays basic topographic fealures only,

r— i—

Scale: 1:1,500

E r

12.5

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50 ITI

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UTM Zone 18 NAD 83 Date 2024702714

Page 109 of 271

From: To: Subject: Date:

planning Application proposal of addition of existing dwelling April 4, 2024 6:08:37 PM

I Greg Featherston would like to submit to council a concern re: Kenneth Deroche from 1048 Shallow Lane that has submitted an application of proposal to enlarge the existing dwelling on the shore line of Sydenham lake . The civic address 1024 Mozart Lane has a deeded right of way and now Ken Deroche is proposing to put a septic tank & a 6.1 meter patio parking area . So with having that parking and the septic tank being placed in that right of way the will not be any room for large trucks like hydro,fire,propane or even septic tank pumping pull down in the turn around and back in to our driveway and there is no way you can expect any large emergency vehicle to back down from the highway or even to back out back up the hill that turn around is there for a reason, so if that is where the proposed site is to be the vehicles will be driving over it . Need to reconsider it won’t work . I will be at the meeting on April 11/2024 so please save me 2 seats for that meeting ………Thank you Greg Featherston

Page 110 of 271

Noah Perron From: Sent: To: Subject:

April 10, 2024 11:40 AM Noah Perron RE: Application PL-ZNA-2024-0015 - 1048 Shallow Lane

Follow Up Flag: Flag Status:

Follow up Completed

Hi Noah Thankyou Some history (you may already be aware of this) – When Clifford (Dusty) Miller purchased 1048 Shallow Lane in 1989 the only access to Sydenham lake was Part 3 ROW & 4 (the creek). He was told that Part 3 was originally set as a ROW so that the cows on the farm could get to the lake. So when Mr Mitchell decided to sell the cottage at 1027 Mozart Lane in 1990 (I don’t think the lane had a name then) Dusty purchased it to give him better access to the lake. In 1998 both properties were sold to Brian Reid. In your email – you don’t refer to the Cottage lot as 1027 Mozart lane – is there a reason for this? Regards Carol From: Noah Perron [mailto:nperron@southfrontenac.net] Sent: April 10, 2024 9:40 AM To: Whyman Subject: RE: Application PL-ZNA-2024-0015 - 1048 Shallow Lane

Hello Carol, I am happy to provide some additional detail on the existing watercourse over Part 4 of Plan 13R5772 (i.e., the area immediately east of the cottage):  The Township O icial Plan and Zoning By-law establish a minimum 30m setback from natural features like waterbodies, watercourses, and wetlands. In certain circumstances, there are structures which pre-date the establishment of the 30m setback, and therefore do not comply with this requirement. This is the case for the cottage at 1048 Shallow Lane, which is considered a legal non-conforming use.  Property owners have the absolute right to rebuild a legal non-conforming use within its building envelope without needing planning approval (i.e., only a building permit). If a property owner wishes to expand outside of their former building envelope (as is the case with this application) they must seek permission from the Committee of Adjustment.  Permission applications are di erent from minor variance applications, as they are not required to conform to O icial Plan Policy or be in compliance with Zoning Requirements. Rather, these applications are reviewed from a perspective of scale, appropriateness and impacts on neighbouring properties.  The Township would not support a proposal which resulted in further encroachment towards a waterbody or watercourse. However, the current application is proposing the exact same setback distance to the watercourse over Part 4 as the existing structure.  As the structure existed before the adoption of Township Planning Documents and does not propose to further encroach, it precludes the need for environmental considerations. Such considerations would only be required if further encroachment was proposed, in which case Planning Sta would not support the request. 1

Page 111 of 271



For reference, the permission process is all enabled through Section 45(2) of the planning act.

Hopefully, this provides you some additional context about the on-going proposal. Please let me know if you have any questions once you have had an opportunity to review. Best, Noah Perron, Planner Township of South Frontenac p: +613-376-3027 ext. 2357 e: nperron@southfrontenac.net a: 4432 George St., Box 100, Sydenham, ON www.southfrontenac.net

From: Sent: Tuesday, April 9, 2024 10:21 PM To: Noah Perron nperron@southfrontenac.net Subject: RE: Application PL-ZNA-2024-0015 - 1048 Shallow Lane Hello Noah Thank you for your phone call and the email with the attachment. I understand we can ask questions on Thursday – but one question that has come up (which may be aside from the current discussion) should Part 4 on 13R 5772, which we understand is the creek and the creek bank, be considered a protected area for environmental reasons? Thank you Regards Carol Whyman From: Noah Perron [mailto:nperron@southfrontenac.net] Sent: April 9, 2024 2:43 P Subject: Application PL-ZNA-2024-0015 - 1048 Shallow Lane

Hello Carol, As discussed during our phone call I have attached a copy of the deferral report prepared for the Committee Hearing on April 11th. You are still welcome to attend the hearing, but no decision concerning the application will be made. Please let me know if you have any questions. Thanks,

Page 112 of 271

Page 113 of 271

March 25, 2024

File: MV/FRS/57/2024

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

Application for Permission (S. 45(2)) PL-ZNA-2024-0015 (Deroche) Pt Lot 5, Concession 5; 1027 Mozart Lane Loughborough District, Township of South Frontenac Waterbody: Sydenham Lake and Unnamed Watercourse

Cataraqui Conservation staff have reviewed the above-noted application for permission and provide the following comments for the Committee of Adjustment. Proposal The proposal involves the expansion of an existing legal non-confirming dwelling and attached deck on the subject property. The permission 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 8.7 metres to permit the construction of the proposed addition and deck.

Site Description The subject lands are located to the north of Rutledge Road and Shallow Lane along the southern shore of Sydenham Lake in South Frontenac Township. The shoreline bordering the subject lands consists of gradually sloping lands that rise to the south towards Dusty Lane. To the east of the cottage is a small gulley with a watercourse that conveys water from the wetlands to the southeast into Sydenham Lake. Staff visited the site on February 8th, 2024. The property is designated Rural on Schedule A of the Township of South Frontenac Official Plan and is zoned Limited Service Residential – Waterfront Zone (RLSW) and Waterfront Residential (RW) in the implementing Zoning By-law. Discussion

Page 1 of 3

Page 114 of 271

Cataraqui Conservation’s scope of review for this proposal includes the avoidance of natural hazards (e.g. flooding and erosion) associated with the shoreline of Sydenham Lake and the unnamed watercourse. Sydenham Lake / Unnamed Watercourse Flooding: The regulatory flood plain of Sydenham Lake is defined as an elevation of 131.6 m GSC. Cataraqui Conservation does not have floodplain mapping for the unnamed watercourse. However, due to the difference in elevation between the top of bank and the watercourse, the watercourse’s floodplain is not expected to exceed the top of bank of the gulley. Cataraqui Conservation’s Guidelines for Implementing Ontario Regulation 148/06 (see description below) require all buildings and structures to be set back a minimum of 6 metres from a flood plain. Based on observations taken on site, the proposed addition will be roughly 3.6 metres from the top of bank of the slope adjacent to the watercourse channel. The addition is therefore located within the 6 metre access setback from the watercourse’s floodplain. However, CRCA can permit additions to existing buildings located within the 6 metre access allowance provided the addition is not encroaching further into the setback from the regulatory floodplain than the existing dwelling. In this case, based on the site plan submitted with the application, the addition is not encroaching further into the setback from the floodplain than the existing dwelling, and is therefore not exacerbating the hazard. Erosion: CRCA, in accordance with provincial technical standards, defines the extent of potential erosion hazards to include an allowance for toe erosion (2 metres), a stable slope allowance for till shorelines of 3(h):1(v), plus an erosion access allowance of 6 metres. Based on an estimated 1 metre high shoreline embankment for Sydenham Lake, the total erosion hazard allowance is 11 metres measured horizontally inland from the toe of slope. For the unnamed watercourse, the water flows through the channel in the bottom of the gulley, then the adjacent slope rises to a height of roughly 2 metres, before levelling out where the existing dwelling is located. Based on a 1 metre allowance for toe erosion, a stable slope allowance of 3(h):1(v) for till slopes, and a 6 metre access allowance, the total erosion hazard allowance extends 13 metres inland from the toe of slope of the watercourse. Staff note that the proposed development is located outside the main erosion hazards (i.e. the toe erosion allowance and stable slope allowance) associated with both Sydenham Lake and the unnamed watercourse, but the development is located within the 6 metre access allowance setback from the erosion hazards. CRCA’s regulatory guidelines can permit a reduction of the access setback for additions onto existing buildings provided that the addition does not encroach further into the setback and access is not further restricted. In this case, based on the site plan and observations taken on site, staff note that the proposed development will not be encroaching further into the setback from the watercourse or Sydenham Lake, and are therefore not exacerbating the hazard. If approved, staff recommend that proper sediment and erosion controls be incorporated into construction plans. Recommendation

Page 115 of 271

In summary, staff have no objection to the approval of application PL-ZNA-2024-0015 based on our consideration for natural hazard policies. We also recommend implementation of the above-noted environmental mitigation measures (in bold text) and advise the applicant that a CRCA permit is required for the proposed development under O. Reg. 148/06. Ontario Regulation 148/06 Please note that portions of the subject lands are subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, which is administered by the CRCA. 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. For this property, any development (buildings and structures) and site alteration (excavation, grading, placement of fill) within 15 metres from the floodplain of Sydenham Lake (the elevation 136.6 m GSC), within 20 metres of the toe of slope, and within 30 metres of the unnamed watercourse is subject to O. Reg. 148/06. Therefore, a permit will be required from our office should the application be approved. 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. 239, or by e-mail at jtreash@crca.ca. Yours truly, Janelle Treash Resource Planner

Page 116 of 271

To:

Committee of Adjustment

From:

Development Services Department

Report Date:

June 13, 2024

Subject:

Permission Application (S. 45(2) of Planning Act) PL-ZNA-2024-0015, Deroche, 1022 Mozart Lane, Part Lot 5 Concession 5, Loughborough District

Summary This report recommends that the Committee of Adjustment grant approval of this application for permission to enlarge a legal non-conforming dwelling under section 45(2) of the Planning Act, subject to conditions. Background Consent Application PL-BDJ-2023-0103 was granted provisional approval, with conditions, by the Committee of Adjustment on November 9, 2023. The approved consent will result in the separation of two existing dwellings onto separate parcels. Permission application PL-ZNA-2024-0015 seeks permission to enlarge the legal nonconforming seasonal dwelling on the retained parcel. This application was previously presented to the Committee of Adjustment on April 11, 2024. The Committee of Adjustment defer making a decision until such time that additional information was submitted so that they and staff could better evaluate the proposal. The property has two PINs, so the applicant needed to provide confirmation that they were not separately conveyable. The property is also subject to several rights-of-way that had the potential to impact the proposed dwelling enlargement, so the applicant needed to provide confirmation that they would not be impacted. Official Plan Designation: Rural Zoning: Limited Service Residential – Waterfront Zoning Relief Requested The applicant seeks permission under section 45(2) of the Planning Act to enlarge a legal non-complying dwelling on the property within 30 metres of the highwater mark of Sydenham Lake. Related Applications The lands are not subject to any additional applications under the Planning Act. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 117 of 271

Township of South Frontenac Staff Report PL-ZNA-2024-0015

Property Description For the purpose of this report, the subject property refers to the retained parcel from the consent application. The subject property is located north of Rutledge Road near Sydenham Lake in an area with several waterfront and non-waterfront residential properties. It is 2.5 acres in area and has approximately 23m of frontage on Sydenham Lake. Existing development is located near the shoreline and consists of a seasonal dwelling with attached deck. Both Mozart Lane and Dusty Lane run through the middle of the subject property, with the seasonal dwelling being accessed off Mozart Lane. The western portion of the property is maintained as a lawn and is mostly cleared of trees. The eastern portion of the property features mature tree and vegetation growth, and a small gulley with a watercourse feature to the east of the seasonal dwelling. Topography varies across the extent of the property. The developed portion of the property features a gentle downward slope to the north towards the shoreline, and a steeper slope associated with the unnamed watercourse to the east. Proposal The subject property is currently developed with a 384 ft2 one storey seasonal dwelling with a 128 ft2 attached deck, setback 8.9m from the highwater mark of Sydenham Lake. The applicant is proposing to replace the existing dwelling with a new two-storey dwelling. The proposal would consist of a renovation within the existing footprint and would include an addition to the rear. The proposed main floor would have an area of 904ft2, and the second floor would have an area of 664ft2. The proposal would facilitate an increase in gross floor area to 1568 ft2, and an increase in dwelling height from 13 ft. to approximately 28.5 ft. The existing attached deck (128ft2) would remain in the same location, and a new 168ft2 attached deck would be built on the west side. The purpose of the new deck is to provide safe access to the building. The dwelling would maintain the same setback from Sydenham Lake (8.9m) and from the watercourse to the east (7.6m) as the existing seasonal dwelling. The attached deck on the west side of the dwelling would have a 2.9m setback from the west side lot line. A new septic system is proposed to service the development and will be located outside of the 30m setback from the highwater mark and watercourse. Department and Agency Comments Cataraqui Conservation provided comment on March 25, 2024. CRCA Staff have no objection to the approval of the permission application based on consideration for natural hazards and regulatory policies. Staff note that the proposal is located in an area subject to Ontario Regulation 41/24 under the Conservation Authority Act. Therefore, a CRCA development permit will be required for the proposed development. Building Staff were circulated the application for a preliminary review. They expressed no objection to the approval of the application. The details regarding the new sewage system are to be addressed at the building permit stage. Public Services did not provide comments on the application, as the subject property is located on a private lane. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 118 of 271

Township of South Frontenac Staff Report PL-ZNA-2024-0015

Public Comments Planning Staff received comments from nearby property owners regarding the proposal. The concerns outlined included potential encroachment over existing rights-of-way in the area (Pts 2 & 3 of Plan 13R-5772), how the site would function following construction, and the potential need for an environmental study. Submitted Documentation The Lawyer for the applicant submitted two letters of opinion regarding the proposal. The first letter (dated April 11, 2024) confirms that the two PINs associated with the subject property have merged in ownership under the Planning Act. The second letter (dated April 30, 2024) confirms that there is no registered easement over Part 3 of Plan 13R-5772. In conducting their own independent title search, the Township’s Solicitor shared a similar legal opinion. The applicant submitted a scaled drawing prepared by an Ontario Land Surveyor (dated May 10, 2024). This drawing has demonstrated to the satisfaction of Planning Staff that the proposed development would not result in encroachment into the right-of-way over Part 2 of Plan 13R-5772. Planning Analysis The Township Official Plan Schedule designates the subject property as Rural and the property is zoned RLSW in Zoning By-law No. 2003-75. The dwelling is a permitted use. Section 5.10.2 of the Zoning By-law states that existing buildings with less than the minimum 30m setback from the highwater mark of a waterbody may be repaired, renovated, or strengthened to a safe condition provided there is no enlargement of the gross floor area or increase in height. This provision prohibits the enlargement of these existing buildings, without seeking the permission from the Committee of Adjustment. The existing seasonal dwelling is a legal non-conforming building because it was constructed prior to the current Zoning By-law and is setback 8.9m from the highwater mark of Sydenham Lake and 7.6m from the watercourse. Through its powers under section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the dwelling. The criteria for considering an application under Section 45(2) are: • Whether the application is desirable for the appropriate development of the subject property; and • Whether the application will result in undue adverse impacts on the surrounding properties and neighbourhood. The proposed dwelling and deck will be located no closer to the water than the existing development as it maintains the existing 8.9m setback from Sydenham Lake, and 7.6m setback from the unnamed watercourse. Development would occur within the same envelope of the existing dwelling and would include an addition to the south away from the shoreline. As a result, the building location minimizes the amount of site disturbance and vegetation www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 119 of 271

Township of South Frontenac Staff Report PL-ZNA-2024-0015

removal required. Compared to the existing seasonal dwelling, the proposed dwelling would have a larger ground floor area (1200ft2 including attached decks) and gross floor area (1568 ft2). However, this scale and density of development would not be out of character for the area and would only facilitate an increase in lot coverage to 1.5%. The proposed replacement sewage system located more than 30m from the shoreline will ensure that the increase in living space does not result in excessive nutrient loading into the lake. Building height would also increase from approximately 13 ft to 28.5 ft. Maintenance of existing vegetation will assist in screening the development from adjacent properties and help mitigate any visual impacts. The proposed deck on the west side of the property is to be setback 2.9m from the side lot line, whereas the Zoning By-law requires a minimum of 3m. Due to existing on-site topography, there will be a drop off between the main floor of the dwelling and the ground. Therefore, a deck in this location is necessary to ensure safe access through the side door, and to ensure the front deck is accessible from this side of the dwelling. The proposed deck would have a minimal width (~1.2m) and would contribute to the overall functionality of the dwelling. As such, staff interpret the proposed 0.1m reduction as appropriate. Conclusion It is the opinion of staff that it is appropriate for the Committee of Adjustment to grant permission to expand the legal non-conforming dwelling on the property, as described in this report. Notice/Consultation Notice of the Statutory Public Hearing on April 11, 2024, was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing. This included notice given: • • • • •

by mail to every owner of land within 60 metres of the subject lands by posting on the Townships Current Planning Applications webpage by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies by e-mail to the individuals who participated in the public hearing, and/or provided written notice. Said individuals were notified when the application was being brought back to the Committee of Adjustment for consideration.

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve application PL-ZNA-2024-0015 for 1022 Mozart Lane, subject to the following conditions.

Permission is granted to enlarge the legal non-conforming dwelling at 1022 Mozart Lane. The enlarged dwelling (including attached decks) is permitted to have a 1200 square foot ground floor area, a 1568 square foot gross floor area, a maximum building height of 28.5 feet, and a 2.9 metre setback from the western side lot line, and is required to maintain or exceed the highwater mark setback of the existing dwelling from Sydenham Lake and the unnamed watercourse to the east, consistent www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 120 of 271

Township of South Frontenac Staff Report PL-ZNA-2024-0015

with the submitted plans (Sketch to Illustrate Proposed Addition – Hopkins Chitty Land Surveyors Inc. date May 10, 2024) that will be attached to the Decision as Schedule “A”.

The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated. b. Roof runoff will be directed away from the lake and watercourse and discharged to natural or constructed leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads to reduce the velocity of runoff. c. A natural vegetated buffer must be maintained in its natural state within 30 metres of the lake and watercourse, except in the immediate area of the building envelope.
A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac. Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Senior Planner

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

Page 121 of 271

Page 122 of 271

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Page 129 of 271

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Page 130 of 271

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Page 141 of 271 : ’

SECTION WALL SECTIONS PICAL DETAILS TYPICAL DETAILS CONSTRUCTION NOTES CONSTRUCTION NOTES

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[—

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

Sewage System Review Comments To:

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

Application Number:

PLZNA20240039

Type of Application or Proposal:

Planning Sewage Review - Minor Variance

Applicant: (if applicable) Agent:

Location:

Comments:

VAN BEERS MARGARET Spencer Orr

102906002016300 3147 ROUND LAKE ROAD CON 4 PT LOT 25 RP 13R11442;PART 1

No objection to the proposed garage structure. The structure must be at least 5 metres away from the nearest distribution pipe in the existing sewage system; this will be confirmed at the building permit stage if the minor variance application is approved.

Building Inspector: Matthew Doyle Date:

May 30, 2024

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

Page 142 of 271

To:

Committee of Adjustment

From:

Development Services Department

Report Date:

June 13, 2024

Subject:

Minor Variance Application (S. 45(1) of Planning Act) PL-ZNA-2024-0039, Van Beers/Orr, 3147 Round Lake Road, Storrington District

Summary This report recommends that the Committee of Adjustment grant approval of the subject application for zoning relief for a detached garage, subject to conditions, as this application meets the four tests of a minor variance outlined in section 45(1) of the Planning Act. Background The application and plot plan submitted by the applicant originally requested a reduction in front yard setback to 12m to permit a new detached garage on the subject property. In consultation with Planning Staff and Building Staff it was ultimately determined that a reduction in front yard setback to 10m would be more appropriate. Due to the proximity to the existing septic system, this will allow for some flexibility when the structure is being constructed. Official Plan Designation: Rural Zoning: Rural Zoning Relief Requested Section 7.3.2 – to permit a detached garage to be setback a minimum of 10 metre from the front lot line, whereas a minimum 20 metre setback is required for all buildings and structures. Related Applications The lands are not subject to any additional applications under the Planning Act. Property Description The subject property is a large parcel of land on the south side of Round Lake Road. The property extends the entire length of Concession 4 from Round Lake Road in the north to an unopened Township road allowance to the south. Existing development consists of a single detached dwelling and detached lean-to (to be removed). All development is isolated to the northern portion of the property, adjacent to Round Lake Road. The area surrounding the dwelling is cleared of trees, but the remainder of the property is well vegetated and features www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 143 of 271

Township of South Frontenac Staff Report PL-ZNA-2024-0039

mature tree and vegetation growth. A small pond feature and unevaluated wetland exists to the south of the dwelling. Topography varies significantly across the property’s extent. The area to the west of the dwelling slopes upwards gently towards Round Lake Road. Further, the area of the proposed detached garage to the east of the dwelling is mostly flat. The surrounding area consists of similar style rural residential development. Summary of Proposal This proposal seeks relief from Zoning By-law No. 2003-75 to permit a detached garage in a Rural zone to be located less than 20m from the front lot line. The applicant is proposing to construct a 9.75mx12.19m (119sqm) detached garage on the subject property. The proposed detached garage is to be located 10m from the front lot line. Department and Agency Comments Building Services provided comment on May 30, 2024, and cited no objection to the proposed garage. Staff noted that the structure must be at least 5 metres away from the nearest distribution pipe in the existing sewage system. This distance is to be confirmed at the building permit stage. Cataraqui Conservation did not provide comment on this application as the proposed structure would not be located in proximity to any regulated features. Public Services did not provide comment on the application due to the nature of the proposal. Public Comments No comments were received from the public at the time of the writing of this report. Planning Analysis The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. It is the opinion of Planning staff that the proposal meets the four tests as explained below. Does the variance maintain the general intent and purpose of the Official Plan? The variance would facilitate the construction of a detached garage on lands designated Rural on Schedule A of the Township Official Plan. The type and amount of development on rural lands must maintain the rural character, natural heritage, and cultural landscape of the Township. The proposed building is accessory to the permitted residential use of the property. It is the opinion of Township Planning staff that the proposed variance maintains the general intent and purpose of the Official Plan, specifically the policies related to rural residential development.

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

Page 144 of 271

Township of South Frontenac Staff Report PL-ZNA-2024-0039

Does the variance maintain the general intent and purpose of the Zoning By-law? An accessory structure is a permitted use within the RU zone. The proposed detached garage complies with all requirements of the Zoning By-law except the minimum setback from the front lot line. Section 7.3.2 of the Zoning By-law requires all structures to be setback a minimum of 20m from the front lot line. The purpose of this setback is to avoid an overdeveloped appearance near roadways and to ensure the rural character of the area is maintained. Due to existing physical constraints, it would likely be difficult to build the proposed detached garage in a compliant location. For example, there is challenging topography to the west of the existing dwelling, the sewage system exists immediately to the southeast of the dwelling, and a pond/wetland feature exists to the south. Therefore, the proposed 10m setback results in the most appropriate location for the detached garage while allowing it to be accessed from the existing driveway. The area where the detached garage is to be built is mostly cleared of trees, therefore limiting the amount of tree removal needed. Further, the area between the proposed location and the travelled portion of Round Lake Road is well vegetated and will act as an effective visual buffer. As such, Planning Staff are of the opinion that a reduction in front yard setback to 10m would not negatively affect the surrounding area or its rural character. It is the opinion of Township Planning Staff that the proposed variance maintains the general intent and purpose of the Zoning By-law. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The requested variance is desirable for the appropriate development or use of the land. The proposed location of the detached garage will maximize the functionality of the property as it will extend directly from the existing driveway. Further, the proposed location will minimize the amount of site alteration required to build the structure. Finally, the proposed detached garage will be visually screened from Round Lake Road by an existing tree buffer. Is the variance minor? The requested variance is minor as it maintains the general intent and purpose of the Official Plan and Zoning By-law. Further, the requested variance is desirable for the appropriate development of the lands. It is anticipated that there will be no negative impact on surrounding properties nor the road as a result of the proposed detached garage. Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing. This included notice given: • • • •

by mail to every owner of land within 60 metres of the subject lands by posting on the Townships Current Planning Application webpage by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 145 of 271

Township of South Frontenac Staff Report PL-ZNA-2024-0039

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2024-0039 for 3147 Round Lake Road, subject to the following conditions.

The minor variance is for a detached garage. The detached garage is permitted to establish a minimum 10 metre front yard. The location of the detached garage on the property must be consistent with the application sketch provided with the application.
A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac.
Minor variance PL-ZNA-2024-0039 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Senior Planner

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

Page 146 of 271

Page 147 of 271

required

intent intent

appropriate

Zoning

the

South

a Fee Authority applicable

that

Without

Type:

Valley

Rideau

Authority

Conservation

and and of

provisions

development purpose purpose

By-law

Planning

Authority

Review a new

Conservation

Fee:

the

Building

sewage

alter

struc ture

passed,

Admin

Fee:

Secretary— Treasurer by a noncard or refundabl cheque

the

was

building

Township P. 13, non— confo rmingi

onsite sewage an ( application Separa submitted with the te

review

$97.00

$97.00 $97.00

by Chapter a legal

Committee

structure by-Iaw

?led with accompanied card, credit

extend day

the

appointed 1990, alter to

the land. Plan. By—law.

provided

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

2023

Township to submitting are to

when Authority,

the

Class

be provided for (where applicable)

$999.00 $1 .370.00 082.00 $2

FRONTENAC VARIANCE

45(2))

use of Official Zoning

or the

the the

Committee eight of 45 of the Planning or permission under

January,

SOUTH MINOR (s.

copy this of application together with the sketch, below or by debit in cash. Frontenac.

permit

that (1) one Adjustment, with the chart

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

Region

Variance Variance Variance other

payable to

required

Conservation

Agplication Variances 1 -3 Variances 4+ building After

accordance the to Township

Committee

Vary

is a Section by—law

Updated

TOWNSHIP OF APPLICATION FOR OR PERMISSION

may grant permission to enlarge land, building or on structure, prohiblted by the by-law.

Requirements

Quinte

Cataraqui

Minor Minor system

Township Minor

Application

Committee where any for a purpose

may

Adjustment under a zoning

for the the general the general in nature

The lands used

ls desirable Maintains Maintains Is minor

variance:

the

Committee

formed from

The that

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Page 148 of 271

Please additional READ

THIS

are

Act.

ITEM

CAREFULLY

R.S.O.

FRONTENAC

for consultation and fees prior

SOUTH Planning

on any

P.13

this application construction.

APPLICATION 1990, as

only:

FOR amended

these

MINOR

agencies

VARIANC E

Each applicant shall a sketch provide showing the dimensions the subject of abutting lands as outlined Question 29 in the of The sketch application. shoul dimensioned and scaled either Imperial in or Metric measures. This i sketch. d the Application is the basis for the analysis the n Form. of Minor Variance Committee of Adjustment. It is strongly recommended that the applicant spend time to carefully and thoroughly assemble the data and transfer the data to that important the sketch be drawn with accurate dimensions and measur application which does include not the above information required not ements. be may regard. the may applicant wish secure to the assistance of a person who drafting of such sketches. to A guide answering the application questions is att ac Collection of Personal he Information d. Personal information herein requested is required under the Planning 1 Act, This infom‘iation be used by the will Committee of Adjustment/Land 9 Division purpose of reviewing the above 9 referenced application, may and be made 0 Autho Agencies Commissions, es, boards. and Persons having an interest in questions regarding the collection of this information should be directed Treasurer of the Adjustment Committee of (P.O. Box Sydenham, 100. Ont.. 376—3027 ext.2224).

PLEASE

Note: These fees permit applications

TOWNSHIP

Page 149 of 271

Page 150 of 271

current

reason

The

/3-

and

5 2

area

SOUTH Planning

the

extent 10-24;).

the

proposed

property

maintained

Road/Lane:

privately

subject

are

the

Please indicate (I. e residence,

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to used nearest subject be to public

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garage,

whether

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use

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property

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Zoning

pane—1‘

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MORMI 93L @1913Lag-v.

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frontage(s),

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TOWNSHIP

Page 151 of 271

Setback Front

story

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any be

building(s) on the

built

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land:

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(2)

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existing

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building(s)

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structure

APPLICATION 1990, P.13 O.

(4 )

VARIANC E

structure(s),

indicate:

MINOR

Page 152 of 271

Building

from Line

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from

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please

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waterfront, high the water this in question the completed

DEMOLITION

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

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TOWNSHIP

Page 153 of 271

23:

the

that

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bedrooms

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operated

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s

a publicly or communal

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the

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(Sm Cal—lake.

structure system?

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5.95125

provided

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and

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(0)

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new

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proposed

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the

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provide

include

(2:)

?ol3

length

date

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TOWNSHIP

Page 154 of 271

Please

*‘Note:

OV)

Iv)

ofa

location of

township

location

all

The distances property to importance be and

…..

(neighbours')

landmark

point

to and abutting on—site IS REQUIRED varied, should be prepared

the

?le

lands.

distance a

the

barns, sig ni? as can t

applicant’s

wetlands.

the subject buildings,

subject lan crossing. d

the

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and

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

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subject

the

railway

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the

between bridge or

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give

APPLICATION c. 1990, P.13

subject

the

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the

give

subject (Minor

of all natural the subject river ditches. Show distance to

showing HAVE

abutting

the

please

land is Consent.

Act

please

yes,

FRONTENAC Act, R.S.O.

dimensions

yes,

reference lot line

and buildings.

MUST

submitted

whether Planning

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

The

nearest

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boundaries proposed

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and

ii)

item

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indicate the of

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answer to application.

the of the

whether the subject Plan of Subdivision

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indicate a of

approval

TOWNSHIP

Page 155 of 271

Page 156 of 271

may

Nature

appear the full in mai

this

—

section, address,

Minor

your behalf should

the

APPLICATION 1990, c. P.13

on act number

R.S.°.

Completing

Act,

FRONTENAC

someone and phone

FOR amended

the here

All

owner‘s

ate postal

separ

VARIANC E

variance

live with

Form

MINOR

if they complete

during appear

even

Variance

come

acres: All parts

You may be not aware for in pre—consultation

area, this

ofthe with

question

planning

zoning

why comply: you can’t could for because example. be. that is already too close to impossible because a steep of

Roads: Municipally maintained that residents maintain themselves and that property are generally

shared

roads (not

looked

seeking or that

words.

after

but

the

can you a variance developing

why

driveways, private with others).

are

the water. embankment.

other you are

lanes

Township;

that

from

provide

private

requir ed an the

c a n to do than 3 within 0 buildi ng

this

meet the add on to further

not to

are asking m‘ rather a structure an accessory

and

completed. property

you

on your staff.

must

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and

you

zoning:

depth,

trict:

:Reason

front

water

variance water

appoint address

must

Current

when

Frontage.

Guide

SOUTH Planning

owners should

the Subject Land: The are Districts the same as the former are Townshipst If you the roll number (the long number beginning with on your 1 029) tax bill. 020 or 010, district 030, is your Bedford; the if numbers are 040—050, Loughborough; if the numbers are 060 or your district is Storring 070. numbers are 080, district is your Portland. ton; Concession and Lot Numbers: you are not If check tax sure, bill your Street Number: Your civic address civic if a number has not been assi blank. space gne d, Name of This Road/Street: question whether or you applies not are on a public road. Reference Plan No: If your property has been surveyed, it will have a one or more on that parts plan. If your has not been surveyed, property blank. Roll No: This is the number beginning with ‘1029’ which on appears you take time r look to it up submitting before the application. n

wish name,

names all of address(es)

the

authorization.

person’s

You

and

The

TOWNSHIP

Page 157 of 271

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years,

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20)Date

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e.g.

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—

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are

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requires

the

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are

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walls

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permit

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new

and

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best

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ut reside nce, involve

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increase An involve an

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waterfront

residential

estimate.

the

question. would

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VARIANCE

as th e const ructla n d" , property.

sections please

property

land

only

MINOR

from the bulldlng height be cannot accomplished the the at beginning Committee permission to add on to your it clear that there is demolition in

possession

each a

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build decks,

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planning additions,

words,

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other

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structures

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recreational

to this answer question be the same will currently and are planning you vacant. section 10 in would be “vacant recreational be “residential"

P.13

vacant

relevant

APPLICATION 1990,

only

business,

increase clear

you are includes

the

structures: there is

buildings

retail

FRONTENAC Act, R.S.O.

question

columns.

When buildings:

existing 18 months?

existing

and

ANY

construction: to construct

This

demo] All a proposed walls. If this although that. do it because

ion:

proposing in separate

This

Generally, the land be described section 13 would

Uses: example, use to

supply: from water

land

SOUTH

Planning

residential,

of buildings on your property. residence.

Uses:

and

of Development: include anything

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you are information

Description

Proposed question

described

19)Date

the

Proposed but for if, then the

from

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18)Uses would space.

Buildings:

question

Existing

water.

TOWNSHIP

Page 158 of 271

SKETCH:

drawn

as has

been if known,

zoning a and

what

lndemnlfy: submitting owners All the

Must

be signed application. sign must

the

system,

for consent

but

the

any

the

front of a commissioner or sign the application application, it can or in

were.

in be

i s t sa t b c a y fe fs ,

ple ase

oaths

signed

front

accurate, to and

property,

the

with

may

the property? special per mi seller prob will ssi ably on

other

the

variance

of owner,

granted

deal

there

VARIANCE

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Page 159 of 271

GLORY LANE

Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2024. While the County makes every effort to insure that the information presented is accurate for the intended uses of this map. there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.

Scale: 1:300 7.5

UTM Zone 18 NAD 83 Date: 2024—04-23

Page 160 of 271

Page 161 of 271

Rock Lake

43'

General Notes: These plans were designed in accordance with the requirements of the Ontario Building Code. Drawings must not be scaled.

Contractor shall verify and be responsible for all dimensions and minimum code requirements and shall report any discrepancy to the Ownert before proceeding with any work. Plans are copyrighted and any unlawful for use without company’s express and written permission.

Open Deck

These plans form the basis for the permit issuance and any deviations from these plans and details including ventilation system, heating system, woodstove, fireplaces, decks, balconies and finish basements will require a revised drawing and clearance by the Building Department.

DESIGNER INFORMATION

Open Deck

79'

Screened Porch

I, Rod Stokes of Rod Stokes Consulting review and take responsibility for the design work, and am qualified in the appropriate categories as “Designer” under Division C Part 3 Section 3.2.4 of the Ontario Building Code.

Firm B.C.I.N.: 38482 Individual B.C.I.N.: 31134 Signed:

Enclosed Area

Rod Stokes

Kitchen

79'

Living /Dining Bath

7 6 5 4

Issued for Permissions Application

May 11 /24

Issued for Permissions Application

Apr11/24

Revised for Preconsultation

Jan 30/24

issued for Planning Preconsultation

Oct30/23

Unfinished Basement Foyer Dn

Bedroom #1

Bedroom #2

No.

Revision/Issue

Date

Porch

Existing Ground Floor Plan Scale 1/4’=1’-0"

Proposed New Cottage for Brian & Catherine Timmins 1035 Morning Glory Lane Rock/ Verona Lake Twp of South Frontenac,

Approx Location 200 gallon Holding Tank

Existing Condition Plans 43'

Approx Existing Site Plan/Basement Floor Plan Page 162 of 271

Scale 1/4’=1’-0"

A-1 As noted

General Notes: These plans were designed in accordance with the requirements of the Ontario Building Code. Drawings must not be scaled.

Contractor shall verify and be responsible for all dimensions and minimum code requirements and shall report any discrepancy to the Ownert before proceeding with any work.

Open Deck

Plans are copyrighted and any unlawful for use without company’s express and written permission.

Heel Cut Top of Plate

Sitting Room

Bedroom #2

DESIGNER INFORMATION

Open Deck

Open Deck Master Bedroom

Dining A

Firm B.C.I.N.: 38482 Individual B.C.I.N.: 31134 Signed:

Rod Stokes

Sitting Room Dining

(Vaulted Ceiling)

Master Bedroom

Cross Section B-B Scale 1/4’=1’-0"

Sitting Room

(Flat Ceiling)

Bedroom #2 (Flat Ceiling)

Kitchen

6 B

Bath

Heel Cut Top of Plate

Mechanical

Bath

(Flat Ceiling)

Foyer

(Flat Ceiling)

Issued for Permissions Application

May 11 /24

Issued for Permissions Application

Apr11/24

Revised for Preconsultation

Jan 30/24

No.

Line of Flat Ceiling Beyond

Revision/Issue

Date

Dn Sitting Room (Vaulted Ceiling)

Proposed Basement Floor Plan Scale 1/4’=1’-0"

( 750 Gross Square Feet)

Proposed Ground Floor Plan

( 750 Gross Square Feet)

Scale 1/4’=1’-0"

Dining

Cross Section A-A Scale 1/4’=1’-0"

Master Bedroom

Proposed New Cottage for Brian & Catherine Timmins 1035 Morning Glory Lane Rock/ Verona Lake Twp of South Frontenac,

Proposed Floor Plans

A-2 As noted

Page 163 of 271

General Notes: These plans were designed in accordance with the requirements of the Ontario Building Code.

Drawings must not be scaled.

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Finish Ceiling

Open Deck

144.11

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Finish Basement Floor

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100 Year Flood Plain

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Plans are copyrighted and any unlawful for use without company’s express and written permission. These plans form the basis for the permit issuance and any deviations from these plans and details including ventilation system, heating system, woodstove, fireplaces, decks, balconies and finish basements will require a revised drawing and clearance by the Building Department.

141.66

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n xisti

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Contractor shall verify and be responsible for all dimensions and minimum code requirements and shall report any discrepancy to the Ownert before proceeding with any work.

DESIGNER INFORMATION I, Rod Stokes of Rod Stokes Consulting review and take responsibility for the design work, and am qualified in the appropriate categories as “Designer” under Division C Part 3 Section 3.2.4 of the Ontario Building Code.

Window Well as Required

Firm B.C.I.N.: 38482 Individual B.C.I.N.: 31134 Signed:

139.27

e Grad

Proposed South Elevation Scale 1/4’=1’-0"

Proposed West Elevation

Scale 1/4’=1’-0"

Issued for Permissions Application

May 11 /24

Issued for Permissions Application

Apr11/24

Revised for Preconsultation

Jan 30/24

issued for Planning Preconsultation

Oct30/23

Front Lot Line Heel Cut Top of Plate

144.11

Line

No.

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Grad e

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100 Year Flood Plain 137.25

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136.21

Proposed Elevations

A-3 As noted

Page 164 of 271

DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Geotechnical Investigation Report 1035 Morning Glory Lane, Verona, Ontario April 5, 2024 Prepared for: Brian and Bonnie Timmins

Cambium Reference: 19366-001

CAMBIUM INC. 866.217.7900 cambium-inc.com Page 165 of 271

DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

Table of Contents 1.0

Introduction………………………………………………………………………………………….1

1.1

Reviewed Documents ……………………………………………………………………………………. 1

2.0

Site & Project Description …………………………………………………………………….2

2.1

Site Description …………………………………………………………………………………………….. 2

2.2

Project Description ………………………………………………………………………………………… 2

3.0

Methodology ………………………………………………………………………………………..3

3.1

Borehole Investigation ……………………………………………………………………………………. 3

3.2

Site Survey …………………………………………………………………………………………………… 4

3.3

Physical Laboratory Testing ……………………………………………………………………………. 4

4.0

Subsurface Conditions …………………………………………………………………………5

4.1

Surface Soils ………………………………………………………………………………………………… 5

4.2

Overburden Soils …………………………………………………………………………………………… 5

4.3

Bedrock ……………………………………………………………………………………………………….. 6

4.4

Groundwater…………………………………………………………………………………………………. 7

5.0

Slope Stability Assessment ………………………………………………………………….8

5.1

Visual Slope Inspection ………………………………………………………………………………….. 8

5.2

Slope Stability Analysis ………………………………………………………………………………….. 9

5.3

Slope Stability Analysis Conclusion………………………………………………………………… 10

6.0

Geotechnical Design Considerations…………………………………………………. 12

6.1

Excavations ………………………………………………………………………………………………… 12

6.2

Dewatering …………………………………………………………………………………………………. 13

6.3

Foundation Design ………………………………………………………………………………………. 14

6.4

Seismic Site Classification…………………………………………………………………………….. 15

6.5

Foundation Frost Protection and Backfill …………………………………………………………. 15

6.6

Building Drainage ………………………………………………………………………………………… 16

6.7

Slab on Grade Design ………………………………………………………………………………….. 16

Cambium Inc.

i Page 166Page of 271

DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

7.0

Design Review and Inspections …………………………………………………………. 18

8.0

Closing …………………………………………………………………………………………….. 19

9.0

Standard Limitations …………………………………………………………………………. 20

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ii Page 167Page of 271

DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

List of Tables Table 1

Particle Size Distribution Analysis – Overburden Soils ………………………………….. 6

Table 2

Depth of Auger Refusal and Bedrock Elevations ………………………………………….. 6

Table 3

Parameters for Slope Modelling and Analysis ……………………………………………… 9

List of Appended Figures Figure 1

Site Location Plan

Figure 2

Borehole Location Plan

List of Appendices Appendix A Borehole Logs Appendix B Physical Laboratory Results Appendix C Slope Stability Analysis Appendix D Bedrock Core Sample Photos Appendix E Site Photos Appendix F Updated Site Plans

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DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

1.0

Introduction

Cambium Inc. (Cambium) was retained by Rod Stokes Consulting Inc. on behalf of Brian and Bonnie Timmins (Client) to complete a geotechnical investigation in support of the proposed residential development to be located at 1035 Morning Glory Lane in Verona, Ontario (Site). The approximate site location is shown on Figure 1. The geotechnical investigation was required to confirm the existing subsurface soil, bedrock, and groundwater conditions, and soil/bedrock bearing capacities. In addition, the Quinte Conservation Authority (QCA) requested that the existing slope at the site be reviewed to determine if the proposed development will impact the stability of the slope in its current condition. This report presents the methodology and findings of the investigation and assessment at the Site and addresses the requirements and constraints for the design and construction of the proposed development. Relevant geotechnical recommendations and opinions on the stability of the existing slope are included within this report in addition to Site and borehole location plans, Site photos, and supporting documents for the slope stability assessment.

1.1

Reviewed Documents

The following project documents were provided by the Client for Cambium to review during the preparation of this report: [1] Rod Stokes Consulting Inc. – 324 Renda Street, Kingston, ON (K7M 5X8) Updated Site Plans – Project Name: Proposed New Cottage for Brian & Catherine Timmins, 1035 Morning Glory Lane Rock/Verona Lake, Twp of South Frontenac, Drawing #s: A1 – A3, Dated: January 30, 2024. [2] Hopkins Chitty Land Surveyors Inc. – 1224 Gardiners Road, Kingston, ON (K7P 0G2) Plan of Survey of Part of Lot 8, Concession 11, Township of South Frontenac, County of Frontenac – File #: PO’D 11-8, Dated: February 2, 2024.

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DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

2.0

Site & Project Description

2.1

Site Description

The Site is located on the west side of Morning Glory Lane, approximately 150 m south of Silver Rock Lane in Verona, Ontario. The Site is currently developed with a single-storey cottage complete with a walkout half-basement, gravel driveway, septic system, and various wood framed decks and stairway structures. The property is bounded to the north and south by residential properties, to the east by Morning Glory Lane, and to the west by Verona Lake. The Site contains a steep slope that extends from the roadway to the shoreline with the cottage building constructed on the slope face. The topography of the Site was generally flat at the tableland and between borehole locations with a significant decrease in elevation along the slope face (i.e., both sides of the cottage building).

2.2

Project Description

It is Cambium’s understanding that the existing cottage is proposed to be demolished and replaced with a new cottage located in the same footprint as the existing cottage. Based on information provided by the Client, it is understood that the new cottage will contain a single ground floor and the remainder of the basement level will be excavated to accommodate a fully finished walkout basement level. It is understood that the existing septic system may be upgraded and water will continue to be drawn from Verona Lake. Based on conversations with the Client, it is understood that final plans for the septic system are to be determined. It is Cambium’s understanding that there are currently no know plans for additional utilities or driving/parking areas. Updated Site plans provided by the Client are provided in Appendix F.

Cambium Inc.

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DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

3.0

Methodology

3.1 Borehole Investigation Cambium completed a field investigation at the Site on February 14, 2024, which consisted of advancing a total of two sampled boreholes, designated as boreholes BH101-24 and BH10224. Due to bottom of the slope not being accessible, the boreholes were both advanced on the tableland to depths ranging between approximately 1.2 and 1.3 meters below ground surface (mbgs), where auger refusal was encountered on probable bedrock. The boreholes were advanced using a track-mounted drill rig operating under the direct supervision of an experienced Cambium technician. The boreholes were advanced to the sampling depths by means of continuous flight solid and/or hollow stem augers with 50 mm O.D. split spoon samplers. Standard Penetration Test (SPT) N values were recorded for the sampled intervals as the number of blows required to drive a split spoon sampler 305 mm into the soil, using a 63.5 kg drop hammer falling 750 mm, as per ASTM D1586 procedures. The SPT N values are used in this report to estimate the relative density of the non-cohesive soils. Soil samples were collected at approximately 0.75 m intervals. The encountered soil units were logged in the field using visual and tactile methods, and the obtained samples were placed in labelled plastic bags for transport, future reference, laboratory testing and storage. Bedrock was proven within borehole BH101-24 by advancing an approximate 3.0 m long bedrock core with a diamond bit core barrel (ASTM D2113). The bedrock samples were logged in the field and the Rock Quality Designation (RQD) was calculated prior to transporting the samples to Cambium’s laboratory for further observation and evaluation. Bedrock core sample photos are provided in Appendix D. Upon completion of drilling the open boreholes were checked for groundwater and general stability prior to backfilling. All boreholes were backfilled with the soil cuttings and efforts were made to reinstate the property to pre-existing conditions. Groundwater monitoring wells were not installed as part of the field investigation. A copy of the borehole logs is provided in Appendix A.

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DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

3.2

Site Survey

The spatial location of each borehole was referenced by a Cambium technician using a Trimble Catalyst surveying unit. UTM coordinates and elevations are included on the borehole logs provided in Appendix A. A spike in an existing hydro pole was used as a benchmark for this survey. The benchmark has an elevation of 144.6 mASL, as per the survey provided by the Client [2] and is depicted as ‘BM’ on Figure 2.

3.3 Physical Laboratory Testing Physical laboratory testing, consisting of two hydrometer analyses (LS-705), were completed on select soil samples to confirm textural classification and to assess geotechnical parameters. Moisture content testing was completed on all soil samples. Laboratory results are presented in Appendix B and are also discussed in Section 4.0.

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DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

4.0

Subsurface Conditions

The stratigraphy encountered in the boreholes is summarized on the attached borehole logs in Appendix A. It is noted that the conditions indicated on the borehole logs are for specific locations only and the soil conditions can vary between and beyond the borehole locations. The soil boundaries indicated on the borehole logs are inferred from non-continuous sampling and observations made during the drilling process. These boundaries are intended to reflect approximate transition zones and should not be interpreted as exact planes of geological change. In addition, the descriptions provided on the borehole logs are inferred from a variety of factors, including visual observations of the soil samples retrieved, laboratory testing, measurements prior to and after drilling, and the drilling process itself. The subsurface conditions encountered within the boreholes generally consisted of a surficial topsoil material underlain by silty sand to sandy gravel soil overlying bedrock to the maximum borehole refusal depth of approximately 1.3 mbgs.

4.1 Surface Soils Surficial topsoil was encountered in each borehole and ranged in thickness from approximately 50 to 200 mm. Analysis of the organic content within the topsoil material was beyond the scope of this investigation.

4.2 Overburden Soils Silty sand/sandy gravel overburden soil was encountered underlying the surficial topsoil and extended to the underlying bedrock surface in each borehole. The overburden soils were noted to range in soil matrix from silty sand containing some gravel and trace to some clay, to sandy gravel containing some bedrock fragments. Cambium notes that trace organics were typically observed within the upper approximate 0.75 m of the material. The overburden soils were generally brown to black in colour with moisture contents ranging from 1.6 to 18.8%, indicating the material was damp to moist at the time of sampling. The overburden soils had a loose to dense relative density based on SPT (N) values of 8 to 45 blows per 300 mm of penetration.

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DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

Particle size distribution analyses were completed on two samples of the material and the results are summarized below in Table 1. Table 1

Particle Size Distribution Analysis – Overburden Soils Depth

Sample

(mbgs)

Soil

Gravel (%)

Sand (%)

Silt (%)

Clay (%)

Moisture (%)

18.5

4.9

Silty Sand, BH101-24, SS1B

0.2 – 0.6

some Clay, some Gravel Silty Sand,

BH101-24, SS2B

0.9 – 1.2

some Gravel, trace Clay

4.3 Bedrock Auger refusal was encountered on bedrock within all boreholes. Bedrock was proven within borehole BH101-24 by core drilling from approximately 1.3 to 4.3 mbgs. Table 2 shows the depths of auger refusal and associated relative bedrock surface elevations for each borehole. Table 2

Depth of Auger Refusal and Bedrock Elevations

Borehole ID

Borehole Surface Elevation (mASL)

Bedrock Depth (mbgs)

Bedrock Elevation (mASL)

BH101-24

143.98

1.30

142.7

BH102-24

144.05

1.17

142.9

The bedrock core recovered consisted of granitic bedrock that was dark grey to black in colour with white banding and white and grey spotting. The bedrock contained frequent to occasional fractures, was hard, moderately strong, and observed to be slightly to moderately weathered with oxidation observed at the fracture locations. The bedrock cores recovered possessed

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DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

RQDs of between 13 and 45%, indicating a very poor to poor quality. Bedrock core photos are provided in Appendix D.

4.4 Groundwater At drilling completion groundwater was not encountered within any borehole advanced. As such, it is inferred that the stable groundwater level is located within the bedrock. It should be noted that groundwater levels at the Site may fluctuate seasonally and in response to climatic events.

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DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

5.0

Slope Stability Assessment

5.1 Visual Slope Inspection Cambium completed a visual slope inspection on February 14, 2024, which consisted of walking around the perimeter of the site as well as along the slope face to make general observations of the existing surficial conditions. General information pertaining to the existing slope features such as slope profile, slope drainage, vegetation cover, structures on or in the vicinity of the slopes, erosion features, and potential slope slide features were noted during the visual slope inspection. The slope was measured in the field to be approximately 8 m high and extended approximately 24.5 m from the water line to the top of the slope. This results in an approximate slope inclination of 3 Horizontal (H) to 1 Vertical (V). The crest of the slope was taken as the approximate edge of the existing tableland, immediately west of the existing driveway, while the toe was taken as the Verona Lake shoreline. The tableland contains the existing driveway and is relatively flat with minor changes in elevation. The surface of the tableland consists of a combination of grassed areas, minor brush, and some trees while the driveway is gravel surfaced. The existing cottage is constructed within the slope face and is complete with various wood framed decks and staircases on all sides of the cottage which are founded on the bedrock surface. The exposed portions of the slope face were noted to consist of either exposed bedrock or thin deposits of overburden material which were noted to possess a healthy root system from the surrounding trees and vegetation cover. No active erosion was noted along the slope toe, face, or crest. No evidence of drainage or seepage associated with instability was noted throughout the slope toe, face, or crest at the time of inspection. Water course features were not observed. There are no previous signs of landslide activity. To assess the current stability of the slope, Cambium completed a Slope Stability Rating Chart to determine the potential for slope instability. Based Section 4.3.2 of the MNR Technical

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DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

Guide, the existing slope was assigned a rating value of 16, indicating a low potential for slope instability. A copy of the completed Slope Stability Rating Chart is included in Appendix C. Photos taken of existing Site conditions are provided in Appendix E.

5.2 Slope Stability Analysis The information obtained from the borehole investigation and visual slope inspection were used to complete the slope stability analysis. The slope stability analysis was completed on one representative slope cross section (cross section A-A’) through the highest and steepest portion of the slope and is identified on the attached Figure 2. The slope analysis was modelled using the Slope/W program as part of the Geo-Studio 2023 software package. The soil parameters used in the analysis have been estimated based on information obtained within the boreholes as well as the results of the laboratory testing and are summarized below in Table 3: Table 3

Parameters for Slope Modelling and Analysis

Soil Type

Angle of Internal

Unit Weight (kN/m3)

Cohesion (kPa)

17.5

Friction (degrees)

Silty Sand (Overburden Soil) Bedrock (Impenetrable)

As groundwater seepage was not observed along the slope face, groundwater is inferred to be located within the underlying bedrock, and it is assumed that the groundwater daylights at the lake level. The Client indicated that the 100-year flood plain elevation is 137.25 mASL which is approximately 1.0 m higher than the lake level observed during the slope inspection; however, due to the exposed bedrock at the toe of the slope, the 100-year flood plain level will not impact the stability of the slope.

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DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

The slope stability analysis was carried out for several potential failure modes. The various failures analyzed include shallow transitional type failures of the residual soil, medium depth rotational failures at the bottom and top of the slope, and deep rotational failures through the entire height of the slope. The factors of safety are closely related to the slope geometry (i.e., slope inclination and height), groundwater level (i.e., porewater pressure within the slope), soil strength, and surcharge loading. The recommended factor of safety for the active land-use category (i.e., habitable, or occupied structures near slope; residential, commercial, and industrial buildings, retaining walls, storage/warehousing of non-hazardous substances) as defined by the MNR Technical Guide is 1.5. Based on the analysis, the existing slope conditions provide a minimum factor of safety of approximately 2.37 which is significantly higher than the minimum of 1.5. The results of the slope stability analysis are included in Appendix C.

5.3 Slope Stability Analysis Conclusion As previously mentioned, it is understood that the new cottage will be constructed in the same location as the existing cottage building and no changes to the slope configuration or vegetation will occur. The construction of the new cottage will include a portion of the bedrock surface along the slope face to be removed to accommodate the fully finished walkout basement level. As such, the foundation system for the support of the new cottage will be founded directly on the underlying bedrock surface at the Site. Based on the results of the slope stability assessment, it is Cambium’s opinion that the construction of the new cottage building will not impact the stability of the existing slope in its current configuration provided the following recommendations are adhered to: •

The foundations for the new cottage building are to be founded directly on and mechanically connected to the underlying bedrock surface;

•

No additional bedrock removal is to be completed other than what is required to accommodate the fully finished basement level. If additional bedrock removal is required,

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DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

Cambium should be consulted to confirm the recommendations in this report are still applicable; •

Any changes to the existing slope condition or vegetation cover are to be repaired to the same or better condition as prior to construction occurring;

•

No trees are to be removed from the existing slope face and the existing slope may not be steepened in any way with fill material. Where fill material is placed to level out the grades around the proposed building, it should be placed to maintain the existing slope gradient or provide a shallower gradient.

•

Construction activities should be conducted in a manner which do not result in surface erosion of the slope. Site grading and drainage should be designed to prevent direct concentrate or channelized surface runoff from flowing directly over the slope.

•

Water drainage from down-spouts and rain gutters should not be permitted to directly flow over the slope face as channelized runoff.

If there are any changes to the design or layout of the proposed development, Cambium should be contacted to reassess our opinions and recommendations as needed. It is noted that the ultimate approval for the proposed developments will come from the Quinte Conservation Authority and/or other relevant planning departments and any opinions expressed within this report are merely intended to assist the appropriate parties in coming to a final determination.

Cambium Inc.

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DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

6.0

Geotechnical Design Considerations

This section of the report provides engineering information on, and recommendations for, the geotechnical design aspects of the project based on our interpretation of the borehole information, laboratory test data, and our understanding of the project requirements. The information in this portion of the report is provided for planning and design purposes for the guidance of the design engineers and architects. Where comments are made on construction, they are provided only to highlight aspects of construction which could affect the design of the project. Contractors bidding on or undertaking any work at the Site should examine the factual results of the investigation, satisfy themselves as to the adequacy of the information for construction and make their own independent interpretation of the factual data as it affects their proposed construction techniques, schedule, equipment capabilities, costs, sequencing, and the like. Cambium will not assume any responsibility for construction-related decisions made by contractors based on this report.

6.1 Excavations Based on information provided by the Client, excavations for the proposed cottage foundations are expected to extend upwards of 2.4 mbgs. As such, a portion of the bedrock will need to be removed to accommodate the fully finished walkout basement level. All excavations must be carried out in accordance with the latest edition of the Occupational Health and Safety Act (OHSA) and Ontario Regulation 213/91 (as amended). Based on the OHSA, the overburden soils at the site can be considered Type 3 soils and excavation side slopes should be no steeper than 1 Horizontal (H) to 1 Vertical (V). Excavations should be protected during construction from precipitation, runoff, or snow/ice melt and should be inspected regularly for signs of instability. If localized instability is noted during excavation or if wet conditions are encountered, the side slopes should be flattened as required to maintain safe working conditions or the excavation sidewalls must be fully supported (shored).

Cambium Inc.

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DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

Based on the bedrock core obtained during the borehole investigation the upper approximate 1.0 to 1.5 m of bedrock will be weathered and can likely be removed with mechanical equipment, such as a large excavator and hoe ram and where required, with line drilling on close centres. Although not likely, drilling and blasting of the bedrock could be required. It is often difficult to blast “neat” lines using conventional drilling and blasting procedures, as such, problems with “over break” are common. This may affect quantities claimed by the contractor for rock excavations, as well as the potential for off-site disposal of the blasted rock, if necessary. Allowances should be made for over break conditions. Prior to any bedrock excavation activities commencing, Cambium recommends that a preconstruction survey be completed on all neighbouring properties to protect the Client from claims unrelated to the construction activities. Construction slopes in intact bedrock should stand near vertical provided the “loose” rock is properly scaled off the face. Once the bedrock removal is completed, if there are any permanent bedrock shear walls, they will have to be reviewed by a Rock Mechanics Specialist to determine if it is stable or if it needs reinforcing, such as rock bolting. Stockpiles of excavated materials should be kept at least at the same distance as the excavation depth from the top edge of the excavation to prevent slope instability. Care should also be taken to avoid overloading of any existing underground services/structures by stockpiles.

6.2 Dewatering At the time of the investigation, groundwater was not encountered. As such, it is inferred that the stable groundwater level is located within the bedrock, and groundwater is unlikely to be encountered during excavations for the proposed building foundations. If groundwater is encountered during excavations within the bedrock or due to surficial run off, it likely can be managed with filtered sumps and pumps and a Permit to Take Water (PTTW) from the Ministry of the Environment, Conservation, and Parks (MECP) is not anticipated to be

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Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

required. It is noted that the elevation of the groundwater table will vary due to seasonal conditions and in response to heavy precipitation events. Prior to commencing earthwork for the proposed development, it is critical that all existing surface water is controlled and diverted away from the Site. At no time should excavations be left open for a period of time that will expose them to precipitation and cause excavation sidewall softening. All collected water is to discharge a sufficient distance away from the excavation to prevent re-entry. Sediment control measures, such as a silt fence should be installed at the discharge point of the dewatering system. The utmost care should be taken to avoid any potential impacts on the environment.

6.3 Foundation Design Conventional shallow strip and spread footings bearing directly on the bedrock surface may be designed for a factored geotechnical bearing resistance of 800 kPa at Ultimate Limit States (ULS) design. Considering bedrock is non-yielding the load required for 25 mm of compression would exceed the capacity of the founding element. Therefore, the geotechnical reaction at SLS does not apply for foundations bearing directly on bedrock. The above bearing resistance assumes the bedrock is cleaned of all overburden material and any loose rock pieces. The bedrock should be cleaned with air or water pressure exposing clean sound bedrock. If construction proceeds during freezing weather conditions water should not be allowed to pool and freeze in bedrock depressions. All concrete should be installed and maintained above freezing temperatures as required by the concrete supplier. The bedrock is to be relatively level with slopes not exceeding 10 degrees from the horizontal. Where the bedrock slope exceeds 10 degrees from the horizontal and does not exceed 25 degrees from the horizontal, shear dowels can be incorporated into the design to resist sliding. Where rock slopes are steeper, the bedrock is to be levelled and stepped as required. The change in vertical height will be a function of the rock quality at the proposed foundation location and will need to be determined at the time of construction.

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Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

As an alternative to levelling the bedrock, where the bedrock surface is irregular and jagged, it may be more practical to provide a level benching over these areas by pouring lean mix concrete (minimum 10 MPa) prior to constructing the foundations. This decision is made on Site since each situation will depend on the Site-specific bedrock conditions.

6.4 Seismic Site Classification The Ontario Building Code (OBC) specifies that the structures should be designed to withstand forces due to earthquakes. For the purpose of earthquake design, geotechnical information shall be used to determine the “Site Class”. The parameters for determination of Site Classification for Seismic Site Response are set out in Table 4.1.8.4A of the OBC (2012). The classification is based on the determination of the average shear wave velocity in the top 30 metres of the site stratigraphy, where shear wave velocity (vs) measurements have been taken. Alternatively, the classification is estimated on the basis of rational analysis of undrained shear strength (su) or penetration resistances (N60 values). Based on the explored soil properties and in accordance with Table 4.1.8.4.A, it is recommended that Site Class “C” be used for the proposed building design. A Site Class C has an average shear wave velocity of between 360 and 760 m/s. Cambium notes that a Multichannel Analysis of Surface Waves (MASW) survey could be conducted to improve the site classification, if required.

6.5 Foundation Frost Protection and Backfill Based on climate data and design charts, the maximum frost penetration depth for the Verona area is estimated at 1.5 mbgs. As such, exterior footings for the proposed building should be provided with a minimum of 1.5 m of soil cover for frost protection or should be appropriately protected with a combination of rigid insulation and soil cover. For foundations established on clean, unweathered bedrock, frost protection is not required. This decision is typically made on Site as each situation will depend on Site specific bedrock conditions.

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Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

Foundation wall backfill should consist of a free-draining imported granular material such as a Granular B Type I or II complying with OPSS 1010, or an approved equivalent. If a drainage layer membrane is used against the foundation wall, then Granular B material may not be required; however, the proposed backfill material should be approved by a geotechnical engineer prior to placement. Backfill should be placed in lifts not exceeding 200 mm in thickness and compacted to 98% of SPMDD. Placement of engineered fill should be verified by onsite compaction testing during construction.

6.6 Building Drainage The exterior grades around the proposed building should be sloped from the walls to direct surface runoff away from the building at a minimum 2% grade. Due to the sloping nature of the Site, foundation drains are not required around the entire perimeter of the building; however, a geotextile wrapped perforated drainage tile set in a trench of clear stone should be installed against the outside face of the footing on the east side of the cottage to allow any water to drain around the building and down to the lake level. Roof drains should discharge a minimum of 1.5 m away from the building to appropriate drainage areas.

6.7 Slab on Grade Design Based on the results of the geotechnical investigation, the floor slab should be supported on a minimum 150 mm thick layer of compacted engineered fill such as an OPSS 1010 Granular A or B Type I or II. The deflections and the resulting forces and bending moments in the slab to be used in its structural design could be determined by structural analysis using a modulus of subgrade reaction, Kv, for the subgrade. However, the modulus of subgrade reaction is not a fundamental soil property, and its value depends, in part, on the size and shape of the slab. For the analysis of the contact stress distribution beneath a slab, its value would depend on the size of the areas over which increased/concentrated contact stresses are anticipated; the size of these areas is in turn related to the value the modulus of subgrade reaction.

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Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

Accordingly, the analysis of the slab should involve an iterative analysis between the determination of the contact stress distribution by the structural engineer and the geotechnical determination of the modulus of subgrade reaction value, until these two are consistent with each other. For initial analyses, the moduli of subgrade reaction appropriate for slab on grade design at the site are as follows: •

Engineered Fill:

75,000 kPa/m

It is necessary that the slab be provided with a capillary moisture barrier and drainage layer. This is made by placing the slab on a minimum 200 mm layer of 19 mm diameter crushed clear stone and nominally compacted by vibration to a dense state. A geotextile separator (Terrafix 270R or equivalent) is recommended between the granular material/clear stone and the native subgrade soils.

Cambium Inc.

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DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

7.0

Design Review and Inspections

Testing and inspections should be carried out during construction operations to examine and approve bedrock conditions and fill material placement and compaction. Cambium should be contacted to review and approve design drawings, prior to tendering or commencing construction, to ensure that all pertinent geotechnical-related factors have been addressed. It is important that onsite geotechnical supervision be provided at this site for excavation and backfill procedures, deleterious soil removal, subgrade inspections and compaction testing.

Cambium Inc.

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Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

8.0

Closing

Please note that this work program and report are governed by the attached Qualifications and Limitations. If you have questions or comments regarding this document, please do not hesitate to contact the undersigned at (613) 389-2323. Respectfully submitted, Cambium Inc.

Farhan Imtiaz, E.I.T. Geotechnical Engineer-in-Training, Project Coordinator

Wesley Tabaczuk, P.Eng. Geotechnical Engineer, Senior Project Manager

2024-04-05

FI/wt P:\19300 to 19399\19366-001 Rod Stokes Consulting Inc - GEO - 1035 Morning Glory Rd\Deliverables\Report – GEO\Final\2024-04-05 RPT - GEO - 1035 Morning Glory LN, Verona, ON.docx

Cambium Inc.

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Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

9.0

Standard Limitations

Limited Warranty In performing work on behalf of a client, Cambium relies on its client to provide instructions on the scope of its retainer, and, on that basis, Cambium determines the precise nature of the work to be performed. Cambium undertakes all work in accordance with applicable accepted industry practices and standards. Unless required under local laws, other than as expressly stated herein, no other warranties or conditions, either expressed or implied, are made regarding the services, work or reports provided. Reliance on Materials and Information The findings and results presented in reports prepared by Cambium are based on the materials and information provided by the client to Cambium and on the facts, conditions and circumstances encountered by Cambium during the performance of the work requested by the client. In formulating its findings and results into a report, Cambium assumes that the information and materials provided by the client or obtained by Cambium from the client or otherwise are factual, accurate and represent a true depiction of the circumstances that exist. Cambium relies on its client to inform Cambium if there are changes to any such information and materials. Cambium does not review, analyze, or attempt to verify the accuracy or completeness of the information or materials provided, or circumstances encountered, other than in accordance with applicable accepted industry practice. Cambium will not be responsible for matters arising from incomplete, incorrect, or misleading information or from facts or circumstances that are not fully disclosed to or that are concealed from Cambium during the provision of services, work, or reports. Facts, conditions, information, and circumstances may vary with time and locations and Cambium’s work is based on a review of such matters as they existed at the particular time and location indicated in its reports. No assurance is made by Cambium that the facts, conditions, information, circumstances, or any underlying assumptions made by Cambium in connection with the work performed will not change after the work is completed and a report is submitted. If any such changes occur or additional information is obtained, Cambium should be advised and requested to consider if the changes or additional information affect its findings or results. When preparing reports, Cambium considers applicable legislation, regulations, governmental guidelines, and policies to the extent they are within its knowledge, but Cambium is not qualified to advise with respect to legal matters. The presentation of information regarding applicable legislation, regulations, governmental guidelines, and policies is for information only and is not intended to and should not be interpreted as constituting a legal opinion concerning the work completed or conditions outlined in a report. All legal matters should be reviewed and considered by an appropriately qualified legal practitioner. Site Assessments A site assessment is created using data and information collected during the investigation of a site and based on conditions encountered at the time and particular locations at which fieldwork is conducted. The information, sample results and data collected represent the conditions only at the specific times at which and at those specific locations from which the information, samples and data were obtained and the information, sample results and data may vary at other locations and times. To the extent that Cambium’s work or report considers any locations or times other than those from which information, sample results and data was specifically received, the work or report is based on a reasonable extrapolation from such information, sample results and data but the actual conditions encountered may vary from those extrapolations. Only conditions at the site and locations chosen for study by the client are evaluated; no adjacent or other properties are evaluated unless specifically requested by the client. Any physical or other aspects of the site chosen for study by the client, or any other matter not specifically addressed in a report prepared by Cambium, are beyond the scope of the work performed by Cambium and such matters have not been investigated or addressed. Reliance Cambium’s services, work and reports may be relied on by the client and its corporate directors and officers, employees, and professional advisors. Cambium is not responsible for the use of its work or reports by any other party, or for the reliance on, or for any decision which is made by any party using the services or work performed by or a report prepared by Cambium without Cambium’s express written consent. Any party that relies on services or work performed by Cambium or a report prepared by Cambium without Cambium’s express written consent, does so at its own risk. No report of Cambium may be disclosed or referred to in any public document without Cambium’s express prior written consent. Cambium specifically disclaims any liability or responsibility to any such party for any loss, damage, expense, fine, penalty or other such thing which may arise or result from the use of any information, recommendation or other matter arising from the services, work or reports provided by Cambium. Limitation of Liability Potential liability to the client arising out of the report is limited to the amount of Cambium’s professional liability insurance coverage. Cambium shall only be liable for direct damages to the extent caused by Cambium’s negligence and/or breach of contract. Cambium shall not be liable for consequential damages. Personal Liability The client expressly agrees that Cambium employees shall have no personal liability to the client with respect to a claim, whether in contract, tort and/or other cause of action in law. Furthermore, the client agrees that it will bring no proceedings nor take any action in any court of law against Cambium employees in their personal capacity.

Cambium Inc.

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Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

Appended Figures

Cambium Inc.

Page 189 of 271

DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Cole Lake

WEST PO

GEOTECHNICAL AND SLOPE STABILITY INVESTIGATION

BRIAN AND BONNIE TIMMINS 1035 Morning Glory Lane Verona, Ontario

D RT R

LEGEND Major Road

Railway

RD KE

Watercourse

Minor Road

SE DE

Provincial Park Water Area Wooded Area

RD 3 8

Built Up Area

SITE

BEDFORD RD

Notes:

This document contains information licensed under the Open Government License - Ontario.
Distances on this plan are in metres and can be converted to feet by dividing by 0.3048.
Cambium Inc. makes every effort to ensure this map is free from errors but cannot be held responsible for any damages due to error or omissions. This map should not be used for navigation or legal purposes. It is intended for general reference use only.

194 Sophia Street Peterborough, Ontario, K9H 1E5 Tel: (705) 742.7900 Fax: (705) 742.7907 www.cambium-inc.com

Sydenham Lake

T UN CO

SITE LOCATION PLAN

Page 190 of 271

O:\GIS\MXDs\19300-19399\19366-001 Rod Stokes Consulting Inc - GEO - 1035 Morning Glory Rd\2024-02-26 Geotechnical.aprx

BELLROCK RD

RUTLEDGE RD

HA RROWSMITH RD

Varty Lake

Project No.:

Date:

February 2024

19366-001 Rev.: Scale: 0

5 km

Projection: 1:100,000 NAD 1983 UTM Zone 18N Created by: Checked by: Figure: WT NLB

DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

GEOTECHNICAL AND SLOPE STABILITY INVESTIGATION

BRIAN AND BONNIE TIMMINS 1035 Morning Glory Lane Verona, Ontario

LEGEND

@ Borehole A

Verona Lake

! U "

BH102-24

M OR NI

GL OR

AN E

@ A

Benchmark

! U

Page 191 of 271

O:\GIS\MXDs\19300-19399\19366-001 Rod Stokes Consulting Inc - GEO - 1035 Morning Glory Rd\2024-02-26 Geotechnical.aprx

BH101-24

@ A

A - A'

Notes:

This document contains information licensed under the Open Government License - Ontario.
Distances on this plan are in metres and can be converted to feet by dividing by 0.3048.
Cambium Inc. makes every effort to ensure this map is free from errors but cannot be held responsible for any damages due to error or omissions. This map should not be used for navigation or legal purposes. It is intended for general reference use only.

194 Sophia Street Peterborough, Ontario, K9H 1E5 Tel: (705) 742.7900 Fax: (705) 742.7907 www.cambium-inc.com

BOREHOLE LOCATION PLAN E LANE

Date:

Project No.:

R SHO KY

February 2024

19366-001 Rev.:

Scale: 0

Projection: 1:500 NAD 1983 UTM Zone 18N Checked by: Figure:

25 m

Created by: NLB

DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

Appendix A Borehole Logs

Cambium Inc.

Page 192 of 271

DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Client: Brian & Bonnie Timmins

Project Name: Geotechnical Investigation

Contractor: Canadian Environmental Drilling Project No.: 19366-001

Elevation: 143.98 mASL

Location: 1035 Morning Glory Lane, Verona, ON

UTM: 18T

SUBSURFACE PROFILE

4926666

143.5

0.5

143.78

1 of 1

Date Completed:

Feb. 14, 2024

E: 366090

LL PL

Shear Strength Cu, kPa

nat V. rem V.

25 50 75

20 40 60 80

% Moisture

SPT (N)

25 50 75

20 40 60 80

Well Installation

Log Notes

40% 8

0.2

(SM) SILTY SAND: brown to black, moist, loose to compact, trace to some clay, some gravel

SPT (N)

% Recovery

Type

Number

Lithology

Depth

(m)

Elevation

Description

TOPSOIL: 200 mm

BH101-24

Page:

SAMPLE Atterberg Limits (%)

144

Log of Borehole:

Method: Truck Mounted Solid Stem Auger

18.8%

16.9%

143

5.3%

142.68

142.5

1.5

142

141.5

2.5

141

140.5

3.5

140

139.5

4.5

139

138.5

5.5

138

137.5

6.5

137

Granitic Bedrock: dark grey to black with white banding and white-grey spotting, frequent to occasional fractures, hard, moderately strong, slightly to moderately weathered with oxidation observed at fracture locations, very poor to poor quality

Upon completion, borehole caving not observed and groundwater not encountered at the bedrock surface.

1.3

Run 1: 1.3 - 2.8 m, TCR: 83%, RQD: 45%.

Run 2: 2.8 m - 4.3 m, TCR: 100%, RQD: 13%.

Borehole terminated @ 4.3 mbgs within granitic bedrock

136.5

GRAINSIZE SAMPLE GRAVEL 7 DISTRIBUTION SS1B SS2B 6

SAND 52 69

SILT 31 22

CLAY 10 3

1m = 24 units

Logged By: FI

Input By: FI

Peterborough, Barrie, Oshawa, Kingston, Ottawa

Page 193 of 271

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Client: Brian & Bonnie Timmins

Project Name: Geotechnical Investigation

Contractor: Canadian Environmental Drilling Project No.: 19366-001

Elevation: 144.05 mASL

Location: 1035 Morning Glory Lane, Verona, ON

UTM: 18T

SUBSURFACE PROFILE

4926685

143

142.6

1.5

142

141.6

2.5

141

140.6

3.5

140

139.6

4.5

139

138.6

5.5

138

137.6

6.5

137

1 of 1

Date Completed:

Feb. 14, 2024

E: 366085

SPT (N)

% Recovery

Type

LL PL

Shear Strength Cu, kPa

nat V. rem V.

25 50 75

20 40 60 80

% Moisture

SPT (N)

25 50 75

20 40 60 80

Well Installation

Log Notes

21.2% 144

TOPSOIL: 50 mm

0.5

Number

Lithology

Depth

(m)

Elevation

Description

143.6

BH102-24

Page:

SAMPLE Atterberg Limits (%)

144

Log of Borehole:

Method: Track Mounted Solid Stem Auger

0.05

(GP) sandy GRAVEL: brownish-pink, moist, compact to dense

7.1%

Fractured bedrock observed within soil samples. 2

1.6%

142.88

Borehole terminated @ 1.2 mbgs due to auger refusal on probable bedrock.

136.6

Borehole caving not observed. Groundwater not encountered.

1.17

GRAINSIZE SAMPLE GRAVEL DISTRIBUTION

SAND

SILT

CLAY

1m = 24 units

Logged By: FI

Input By: FI

Peterborough, Barrie, Oshawa, Kingston, Ottawa

Page 194 of 271

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Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

Appendix B Physical Laboratory Results

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Grain Size Distribution Chart Project Number:

19366-001

Client:

Project Name:

1035 Morning Glory Lane, Verona

Sample Date:

February 14, 2024

Sampled By:

Farhan Imtiaz - Cambium Inc.

Location:

BH 101-24 SS 1B

Depth:

0.2 m to 0.6 m

Brian & Bonnie Timmins

Lab Sample No:

S-24-0347

UNIFIED SOIL CLASSIFICATION SYSTEM SAND (<4.75 mm to 0.075 mm)

GRAVEL (>4.75 mm)

CLAY & SILT (<0.075 mm) MEDIUM

FINE

COARSE

FINE

PERCENT

PASSING

RETAINED

100

0 0.001

100 0.01

0.1

100

DIAMETER (mm)

MIT SOIL CLASSIFICATION SYSTEM FINE

CLAY

MEDIUM

COARSE

FINE

MEDIUM

COARSE

SILT

BOULDERS

SAND

GRAVEL

Borehole No.

Sample No.

Depth

Gravel

Sand

Silt

Clay

Moisture

BH 101-24

SS 1B

0.2 m to 0.6 m

18.5

Description

Classification

D60

D30

D10

Silty Sand some Clay trace Gravel

0.240

0.040

0.002

120.00

3.33

Additional information available upon request

Issued By:

Date Issued:

March 1, 2024

(Senior Project Manager)

Cambium Inc. (Laboratory) 866.217.7900 | cambium-inc.com 194 Sophia St. | Peterborough | ON | K9H 1E5

Page 196 of 271 Form: L6V.2 - Grad.Hydo

DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Grain Size Distribution Chart Project Number:

19366-001

Client:

Project Name:

1035 Morning Glory Lane, Verona

Sample Date:

February 14, 2024

Sampled By:

Farhan Imtiaz - Cambium Inc.

Location:

BH 101-24 SS 2B

Depth:

0.9 m to 1.2 m

Brian & Bonnie Timmins

Lab Sample No:

S-24-0348

UNIFIED SOIL CLASSIFICATION SYSTEM SAND (<4.75 mm to 0.075 mm)

GRAVEL (>4.75 mm)

CLAY & SILT (<0.075 mm) MEDIUM

FINE

COARSE

FINE

PERCENT

PASSING

RETAINED

100

0 0.001

100 0.01

0.1

100

DIAMETER (mm)

MIT SOIL CLASSIFICATION SYSTEM FINE

CLAY

MEDIUM

COARSE

FINE

MEDIUM

COARSE

SILT

BOULDERS

SAND

GRAVEL

Borehole No.

Sample No.

Depth

Gravel

Sand

Silt

Clay

Moisture

BH 101-24

SS 2B

0.9 m to 1.2 m

4.9

Description

Classification

D60

D30

D10

Silty Sand trace Gravel trace Clay

0.310

0.099

0.019

16.32

1.66

Additional information available upon request

Issued By:

Date Issued:

March 1, 2024

(Senior Project Manager)

Cambium Inc. (Laboratory) 866.217.7900 | cambium-inc.com 194 Sophia St. | Peterborough | ON | K9H 1E5

Page 197 of 271 Form: L6V.2 - Grad.Hydo

DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Moisture Content Project Number: Project Name: Client: Date Taken:

19366-001 1035 Morning Glory Lane, Verona Brian & Bonnie Timmins 2024-02-14

Lab Number: Date Tested: Tested By:

S-24-0346 2024-02-23 A. Heffernan

Borehole Number

Sample Number

Sample Depth (m)

Water Weight (g)

Water Content (%)

Additional Observations

101

0.00-0.20

34.5

40.0

101

0.20-0.61

46.8

18.8

101

0.76-0.91

24.7

16.9

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0.00-0.05

14.6

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102

0.05-0.61

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102

0.76-1.17

3.7

1.6

Page 198 of 271

1 – Contains organics 2 – Contains rubble 3 – Hydrocarbon Odour 4 – Unknown Chemical Odour 5 – Saturated – free water visible

6 – Very moist – near optimum moisture content 7 – Moist – below optimum moisture 8 – Dry – dry texture – powdery 9 – Very small – caution may not be representative 10 – Hold sample for gradation analysis

DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

Appendix C Slope Stability Analysis

Cambium Inc.

Page 199 of 271

DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

1035 Morning Glory Lane Brian and Bonnie Timmins Farhan Imtiaz

19366-001 February 14, 2024 Sunny, Clear

Page 200 of 271

DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Slope Stability Modelling Results Color

160

Name

Slope Stability Material Model Unit Weight (kN/m³)

Bedrock

Bedrock (Impenetrable)

Silty Sand Mohr-Coulomb

Effective Cohesion (kPa)

Effective Friction Angle (°)

Piezometric Surface 1

17.5

Elevation (mASL)

2.371

150

140

130 0

Distance (m) Page 201 of 271

Cross Section A - A'

DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

Appendix D Bedrock Core Sample Photos

Cambium Inc.

Page 202 of 271

DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Geotechnical Investigation Report – 1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001

Figure 1 Core of Borehole BH101-24

Cambium Inc.

Page 203 of 271

DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

Appendix E Site Photos

Cambium Inc.

Page 204 of 271

DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Geotechnical Investigation Report – 1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001

Photo 1 Morning Glory Lane viewing North. Existing roadway and profile visible.

Photo 2 Tableland viewing West. Driveway visible. Top of slope visible.

Cambium Inc.

Page 205 of 271

DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Geotechnical Investigation Report – 1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001

Photo 3 Slope Face viewing East. Slope face visible at south side of existing building.

Photo 4 Toe of slope viewing East. Shoreline visible. Exposed bedrock visible. Existing structure visible.

Cambium Inc.

Page 206 of 271

DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Geotechnical Investigation Report – 1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001

Photo 5 Slope Face viewing West. Slope face visible at north side of existing building.

Photo 6 Top of Slope viewing East. Bedrock outcrop visible.

Cambium Inc.

Page 207 of 271

DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Geotechnical Investigation Report -1035 Morning Glory Lane, Verona, Ontario Brian and Bonnie Timmins Cambium Reference: 19366-001 April 5, 2024

Appendix F Updated Site Plans

Cambium Inc.

Page 208 of 271

DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Rock Lake

43'

General Notes: These plans were designed in accordance with the requirements of the Ontario Building Code. Drawings must not be scaled.

Open Deck

DESIGNER INFORMATION

Open Deck

79'

Screened Porch

Firm B.C.I.N.: 38482 Individual B.C.I.N.: 31134 Signed:

Enclosed Area

Rod Stokes

Kitchen

79'

Living /Dining Bath

7 6 5 4

Unfinished Basement Foyer Dn

Bedroom #1

Bedroom #2

3 2

Revised for Preconsultation

Jan 30/24

issued for Planning Preconsultation

Oct30/23

No.

Revision/Issue

Date

Porch

Existing Ground Floor Plan Scale 1/4’=1’-0"

Proposed New Cottage for Brian & Catherine Timmins 1035 Morning Glory Lane Rock/ Verona Lake Twp of South Frontenac,

Approx Location 200 gallon Holding Tank

Existing Condition Plans 43'

Approx Existing Site Plan/Basement Floor Plan Page 209 of 271

Scale 1/4’=1’-0"

A-1 As noted

DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

Rock Lake

General Notes: These plans were designed in accordance with the requirements of the Ontario Building Code. Drawings must not be scaled.

Contractor shall verify and be responsible for all dimensions and minimum code requirements and shall report any discrepancy to the Ownert before proceeding with any work.

Open Deck

Plans are copyrighted and any unlawful for use without company’s express and written permission.

Heel Cut Top of Plate

Bedroom

Hall'

DESIGNER INFORMATION

Open Deck

Open Deck Dining

Master Bedroom

Firm B.C.I.N.: 38482 Individual B.C.I.N.: 31134 Signed:

Rod Stokes

Sitting Room Dining

(Vaulted Ceiling)

Master Bedroom

Cross Section A-A Scale 1/4’=1’-0"

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Jan 30/24

Revision/Issue

Date

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Proposed Basement Floor Plan Scale 1/4’=1’-0"

( 750 Gross Square Feet)

Proposed Ground Floor Plan

( 750 Gross Square Feet)

Scale 1/4’=1’-0"

Dining

Cross Section A-A Scale 1/4’=1’-0"

Master Bedroom

Proposed New Cottage for Brian & Catherine Timmins 1035 Morning Glory Lane Rock/ Verona Lake Twp of South Frontenac,

Proposed Floor Plans

A-2 As noted

Page 210 of 271

DocuSign Envelope ID: 7E142928-FFE0-47E2-9579-E611145776E3

General Notes: These plans were designed in accordance with the requirements of the Ontario Building Code. Drawings must not be scaled. Contractor shall verify and be responsible for all dimensions and minimum code requirements and shall report any discrepancy to the Ownert before proceeding with any work.

Heel Cut

Plans are copyrighted and any unlawful for use without company’s express and written permission.

Top of Plate

Open Deck Finish Ground Floor

Top of Plate

Firm B.C.I.N.: 38482 Individual B.C.I.N.: 31134

Finish Basement Floor

Signed:

Proposed East Elevation Scale 1/4’=1’-0"

Rod Stokes

Proposed North Elevation Scale 1/4’=1’-0"

7 6 5 4 3

Heel Cut Top of Plate

Revised for Preconsultation

Jan 30/24

issued for Planning Preconsultation

Oct30/23

No.

Open Deck

Revision/Issue

Date

Open Deck

Proposed New Cottage for Brian & Catherine Timmins 1035 Morning Glory Lane Rock/ Verona Lake Twp of South Frontenac,

Proposed West Elevation Scale 1/4’=1’-0"

Proposed North Elevation Scale 1/4’=1’-0"

Proposed Elevations

A-3 As noted

Page 211 of 271

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. PL0134-2024 Municipality:

Township of South Frontenac

Landowner:

Brian and Bonnie Timmins / Rod Stokes Consulting Inc.

Location:

1035 Morning Glory Lane

Roll #:

10290800900560000000

Application Description:

Minor Variance Appl’n File No. PL-ZNA2024-0044

Feature:

Verona (Rock) Lake

Part Lot 11, Concession 8

Portland

Requesting permission under Section 45(2) of the Planning Act to enlarge a legal non-conforming dwelling and attached deck located within 30 metres of the highwater mark of Verona Lake. The proposed dwelling will maintain the existing 69.7 m2 ground floor area, the gross floor area will be increased from 88.3 m2 to 139.4 m2 and the attached deck will be increased from 10.4 m2 to 11.7 m2. The height of the dwelling will increase from 6m to 6.5m. The existing and proposed structures are both set back 5.1m from the highwater mark of Verona Lake.

Natural Hazard policies of the PPS, Quinte Conservation Planning Act Review policy, and Ontario Regulation #41/24 (Regulation of Prohibited Activities, Exemptions and Permits) 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 hazard lands. Staff have reviewed the Geotechnical Investigation Report completed for the subject property, prepared by Cambium Inc., dated April 5, 2024. The report noted within Section 2.2 that the slope will be excavated to accommodate a fully finished walk-out basement; however, Section 5.3 states there will be “no changes to slope configuration”. Additionally, it is noted that a portion of the bedrock surface along the slope face will be removed to accommodate the walk-out – this appears to be contradictory (restated in Section 6.1, page 12). Based on the proposed plans for the dwelling, it appears excavation of the slope will be required.

Comments:

Based on Quinte Conservation’s review of the geotechnical report, staff wanted to be clear as to how permitting approval would proceed with our office once planning approvals are in place.

Step 1: Quinte Conservation would issue a permit for demolition of the dwelling.
Step 2: Following demolition of dwelling, the consultant from Cambium would need to visit the property to assess the building site, confirming stability of slope and bedrock conditions as the report notes that no test pits were completed in this area and bedrock conditions were not confirmed. The consultant must then revise their report based on their findings and circulate to Quinte Conservation for review.
Step 3: Staff would then issue a Quinte Conservation permit based on the consultant’s revised report. One condition of the permit will be that Cambium must be on site during excavations as described on page 13 of the April 5, 2024, geotechnical report. The permit may need to be modified based on the results of the excavation. Furthermore, construction plans/methods may also need to change. Provided that the consultant conducts appropriate testing and inspections prior to and during excavation of the building site, and prior to construction to ensure all pertinent geotechnicalrelated factors have been addressed, Quinte Conservation is satisfied that the application is consistent with Section 3.1 of the PPS. It is understood through correspondence with the Township, that the existing holding tank appears to be sufficient to service the proposed dwelling. Note that the 1:100-year flood plain mapping in this area is in the process of being updated, with a new flood plain elevation expected to be approved by Quinte Conservation’s Executive Board in early summer 2024. Provided a permit application is submitted to Quinte Conservation prior to Page 1 of 2

Page 212 of 271

December 31, 2024, this office would honor the current flood plain elevation for Verona Lake (137.25 metres CGVD28).

Final Comments:

Provided that the consultant conducts appropriate testing and inspections prior to, and during excavation of the building site, and prior to construction to ensure all pertinent geotechnicalrelated factors have been addressed, Quinte Conservation has no objection to the application as presented. A permit from this office will be required prior to demolition and prior to construction.

May 23, 2024 Date

Sam Carney Planning Technician And: Catherine Sinclair, Regulations Officer

Page 2 of 2

Page 213 of 271

To:

Committee of Adjustment

From:

Development Services Department

Report Date:

June 13, 2024

Subject:

Permission Application (S. 45(2) of Planning Act) PL-ZNA-2024-0044, Timmins (Stokes), 1035 Morning Glory Lane, Portland District

Summary This report recommends that the Committee of Adjustment grant approval of this application for permission to enlarge a legal non-conforming dwelling under section 45(2) of the Planning Act, subject to conditions. Background Official Plan Designation: Rural Zoning: RLSW Proposal The applicant seeks to request permission under Section 45(2) of the Planning Act to enlarge a legal non-conforming dwelling and attached deck located within 30m of the highwater mark of Verona Lake. The existing dwelling has a ground floor area of 69.7sqm, a gross floor area of 88.3sqm, and an attached deck with an area of 10.4sqm. The proposed dwelling will maintain the existing 69.7sqm ground floor area, the gross floor area will be increased to 139.4sqm – the increase in gross floor area is the result of a proposed walkout basement. The attached deck will be increased to 11.7sqm. The height of the dwelling will increase from 6m to 6.5m. The existing and proposed structures are both set back 5.1m from the highwater mark of Verona Lake. Related Applications The lands are not subject to any additional applications under the Planning Act. Property Description The subject property is small, having a lot area of 317sqm with approximately 13m of frontage on Verona Lake and is accessed from Morning Glory Lane. The property has a depth of 24m. The property contains an existing dwelling with an attached deck and another detached deck located between the dwelling and the lake. The property is currently serviced by a holding tank and this is proposed to continue. The property slopes steeply down from the rear of the property towards the water. There are some mature trees along www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 214 of 271

Township of South Frontenac Staff Report PL-ZNA-2024-0044, Timmins (Stokes), 1035 Morning Glory Lane, Portland District

the waterfront. The property is located in an area of similar waterfront residential development. Supporting Documentation Due to the slope on the property the applicant was required to complete a geotechnical investigation (Cambium, April 5, 2024) that assessed the stability of the slope on which the enlarged dwelling will be constructed. The study assessed the existing subsurface soil, bedrock and groundwater conditions, and soil/bedrock bearing capacity. The report also reviewed the slope to determine if the proposed development will impact the stability of the slope in its current condition. The study concluded that the construction of the dwelling will not impact the stability of the slope provided the following recommendations are adhered to:

The foundations for the new cottage building are to be founded directly on and mechanically connected to the underlying bedrock surface; No additional bedrock removal is to be completed other than what is required to accommodate the fully finished basement level. If additional bedrock removal is required, Cambium should be consulted to confirm the recommendations in this report are still applicable; Any changes to the existing slope condition or vegetation cover are to be repaired to the same or better condition as prior to construction occurring; No trees are to be removed from the existing slope face and the existing slope may not be steepened in any way with fill material. Where fill material is placed to level out the grades around the proposed building, it should be placed to maintain the existing slope gradient or provide a shallower gradient; Construction activities should be conducted in a manner which do not result in surface erosion of the slope. Site grading and drainage should be designed to prevent direct concentrate or channelized surface runoff from flowing directly over the slope; Water drainage from down-spouts and rain gutters should not be permitted to directly flow over the slope face as channelized runoff.

Department and Agency Comments Comments have been received from Quinte Conservation. They have reviewed the geotechnical study that was submitted by the applicant. Based on the findings of the study, they have submitted comments on what steps the applicant would need to complete in going through Quinte Conservation’s permit process – a permit under Quinte’s regulation is required for the demolition of the existing dwelling and construction of the expanded dwelling. Quinte would require that following the demolition of the dwelling, the consultant would need to visit the property to assess the building site, confirming stability of slope and bedrock conditions as the report notes that no test pits were completed in this area and bedrock conditions were not confirmed. Quinte states that the consultant would then need to revise their report based on their findings and circulate to Quinte Conservation for review. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 215 of 271

Township of South Frontenac Staff Report PL-ZNA-2024-0044, Timmins (Stokes), 1035 Morning Glory Lane, Portland District

Quinte Conservation would issue a permit based on the consultant’s revised report. The consultant will be required to be on site during excavation for the proposed dwelling. Quinte notes that the permit may then need to be modified based on the results of the excavation, and construction plans/methods may also need to change. Provided the items identified by Quinte are addressed through their permit process, they have no objection to approval of the application. Building Services advised that based on the floor plan and the sewage system record that it appears that the holding tank will be able to be used for the expanded dwelling. This will be confirmed at the building permit stage. Public Comments No comments were received from the public at the time this report was written. Planning Analysis The Township Official Plan Schedule designates the subject property as Rural and the property is zoned RLSW in Zoning By-law No. 2003-75. The dwelling is a permitted use. Section 5.10.2 of the Zoning By-law states that existing buildings with less than the minimum 30 metre setback from the highwater mark of a waterbody may be repaired, renovated or strengthened to a safe condition provided there is no enlargement of the gross floor area or increase in height. This provision prohibits the enlargement of these existing buildings, without seeking permission from the Committee of Adjustment. The existing dwelling is a legal non-conforming building because it was constructed prior to the current Zoning By-law and is setback 5.1 metres from the highwater mark. Through its powers under section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the dwelling. The criteria for considering an application under Section 45(2) are:

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

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

The proposed dwelling will maintain the same setback from the water as the existing dwelling. Due to the depth of the property only being 24m there would be minimal opportunity to increase the set back further, and it would not be possible to meet the 30m setback. The building location minimizes the amount of site disturbance and the amount of vegetation removal that would be required as proposed dwelling is maintaining the same footprint as the existing dwelling. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 216 of 271

Township of South Frontenac Staff Report PL-ZNA-2024-0044, Timmins (Stokes), 1035 Morning Glory Lane, Portland District

Regarding lot coverage, the only enlargement of the development footprint is a slightly larger attached deck which is 2ft wider than the existing attached deck. Lot coverage will be increasing from 25.2% to 25.6% as a result of the development. While this may seem like a large number, the overall increase in footprint is only 1.3sqm. The existing/proposed lot coverage numbers are more a function of the small property size rather than the size and scale of development. The existing dwelling is a one storey structure with a partial lower level. The expanded dwellings will also be one storey, however the intent is to excavate into the slope in order to have a full basement with a walkout. The building height will slightly increase from 6 metres to 6.5 metres as a result of the full basement and a gable roof design. This is within the maximum permitted height of the RLSW zone. The increase in height should not result in any negative visual impacts as the height and massing of the proposed dwelling is comparable to what is existing. Maintaining existing vegetation along the shoreline will assist in screening the development from the water and adjacent properties. Conclusion It is the opinion of staff that it is appropriate for the Committee of Adjustment to grant permission to expand the legal non-conforming dwelling on the property, as described in this report. Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing. This included notice given: • • •

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

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve application PL-ZNA-2024-0044 for 1035 Morning Glory Lane, subject to the following conditions.

Permission is granted to enlarge the legal non-conforming dwelling on the subject property. The replacement dwelling is permitted to have a 70 square metre ground floor area, a gross floor area of 140 square metres, a maximum building height of 6.5 metres, and to maintain the highwater mark setback of the existing dwelling. The deck attached to the replacement dwelling is permitted to have an area of 12 square metres and to maintain the highwater mark setback of the existing dwelling. The replacement dwelling and attached deck are to be consistent with the submitted plans that will be attached to the Decision as Schedule “A”. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.

Page 217 of 271

Township of South Frontenac Staff Report PL-ZNA-2024-0044, Timmins (Stokes), 1035 Morning Glory Lane, Portland District

The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated. b. Roof runoff will be directed away from the lake and discharged to natural or constructed leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads to reduce the velocity of runoff. c. That existing natural vegetation within 30 metres of the shoreline must be maintained.
A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac. Report Prepared By: Tom Fehr, Planner Report Reviewed By: Christine Woods, MCIP RPP, Senior Planner

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

Page 218 of 271

Page 219 of 271

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//////////////////////////

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SOUTH FRONTENAC

1 154 LEACH LANE

1177 LEACH LANE

PL-ZNA-2024-0055 (JACKSON) (GURR) 1157 LEACH LANE Subject Property Provincially Signi?cant Wetland Wetland Wooded Area Waterbody Township Boundary Road

1 157 LEACH LANE

11558 LEACH LANE

Page 231 of 271

//// 1 155A LEACH LANE

Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2022. While the County makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.

Scale: 1:650 10

UTM Zone 18 NAD 83 Date: 2024-05-10

24'

Existing Garage

25'

De ck

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' 28

tin g

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Page 232 of 271

1157 Leech Lane Existing April 2024

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Page 233 of 271

Scope of work: Replace sewage tank, moving it away from house & installing proper size. Replace existing deck on same footprint. Construct new roof over new deck, footprint to remain the same as existing

1157 Leech Lane Proposed April 2024

58’-0"

20’-0"

Existing House

9’-0"

Over-frame existing roof 2x6 Ridge 2x6 rafters 2x6 bearing plate on existing

7’-0"

Engineered Truss system

24’-0" 38’-0"

613-214-0417 May 2024 1157 Leech Lane

Page 234 of 271

+/- 28'

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Page 235 of 271

1157 Leech Lane Cross Section April 2024

June 4, 2024

File: MV/FRS/124/2024

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

Application for S. 45(2) Permission PL-ZNA-2024-0055 (Jackson)(Gurr) Pt Lot 9, Concession 6; 1157 Leach Lane Loughborough District, Township of South Frontenac Waterbody: Sydenham Lake and Eel’s Bay Provincially Significant Wetland

Cataraqui Conservation staff have reviewed the above-noted application for permission and provide the following comments for the Committee of Adjustment. Proposal The proposal involves the expansion of a single detached dwelling on the subject property. The existing 228.5 sq. m. single storey dwelling and 97.5 sq. m. attached deck are currently set back 8.5 metres from the lake. The application proposes to cover 48.2 sq. m. of the deck with a roof structure attached to the house, as well as replace the existing deck and install a new septic tank. The height of the dwelling will not increase. Permission 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 8.5 metres to permit the roof addition. Site Description The property is located on the southeastern shore of Eel Bay in Sydenham Lake in South Frontenac Township. The topography of the property where the development is proposed can be described as having a relatively low bank along the shoreline, then gradually rises inland, levelling out around Leach Lane. There is currently a retaining wall between the dwelling and the shoreline. In addition to the existing dwelling, there is also an existing detached garage and shed on the subject property. The property is designated ‘Rural’ in the Official Plan and is zoned ‘Limited Service Residential Waterfront’ (RLSW) in the implementing Zoning By-law. Discussion Cataraqui Conservation’s scope of review for this proposal includes the avoidance of natural hazards (e.g. flooding and erosion) associated with the shoreline of Sydenham Lake and the protection of the hydrologic function of the provincially significant wetland. Natural Hazards / Ontario Regulation 41/24

Page 236 of 271

Flooding: The regulatory floodplain of Sydenham Lake is at an elevation of 131.6 metres geodetic. Cataraqui Conservation’s Guidelines for Implementing Ontario Regulation 41/24 (see description below) requires that all development be set back a minimum of 6 metres from the regulatory floodplain of a waterbody. Based on topographic mapping and the site plan submitted with the application, staff are satisfied that the proposed development will be located outside of the flooding hazard and applicable setback. Erosion: The topography along the shoreline varies, with a flat, low-lying bank along the immediate shoreline, which rises again inland from the existing retaining wall up towards Leach Lane. Due to the inclination of the embankment, and in accordance with provincial technical standards, the slope is considered stable, and CRCA defines the extent of potential erosion hazards to be 6 metres from the top of the upper embankment. The proposed roof expansion and deck replacement are situated on the slope face, and therefore are located within the extent of the erosion hazard. However, since the slope is considered stable and the proposed development is not encroaching further into the setback or exacerbating the hazard, CRCA’s regulatory policies can permit the expansion, since the proposal is not anticipated to adversely affect the control of erosion. Staff also note that the proposed new septic tank is located outside the extent of the erosion hazard. Staff have no concerns from a natural hazards perspective. Eel’s Bay Provincially Significant Wetland: As noted above, the lands front onto a shoreline which contains part of the Eel’s Bay Provincially Significant Wetland. CRCA’s Guidelines for Implementing Ontario Regulation 41/24 (formerly 148/06) typically require new development and site alteration to be set back a minimum of 30 metres from an unevaluated wetland, to protect the hydrologic function of wetland. However, reconstructions and expansions to an existing structure may be permitted within 30 metres of a wetland if the proposed development does not encroach further into the setback from the wetland boundary than existing development and if the interference on the hydrologic function of the wetland has been deemed to be acceptable by Cataraqui Conservation. Based on the plans included with the application, the proposed roof expansion and deck reconstruction will not be encroaching further towards the wetland than the existing development. Staff do not anticipate any negative impacts to the hydrologic function of the wetland on the lot as a result of the proposal. If approved, staff recommend that proper sediment and erosion controls be incorporated into construction plans. We also recommend the maintenance and enhancement of a healthy buffer of native vegetation between all buildings/structures and the water, to help stabilize soils into the long-term. Recommendation In summary, staff have no objection to the approval of application PL-ZNA-2024-0055 based on our review of natural hazard and regulatory policies. We also recommend implementation of the above-noted best practice measures (in bold text) and advise the applicant that a CRCA permit will be required at the building permit stage.

Page 2 of 3

Page 237 of 271

Ontario Regulation 41/24 Please note that portions of the subject lands are subject to Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits (formerly O. Reg. 148/06), which is administered by the CRCA. 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. For this property, any development (buildings and structures) and site alteration (excavation, grading, placement of fill) within 15 metres of the top of bank or within 30 metres of the PSW is subject to O. Reg. 41/24.. Therefore, a CRCA permit will be required for the development. The landowner(s) should contact CRCA’s office at the building permit stage for more information about permitting requirements under O. Reg. 41/24. 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. 239, or by email at jtreash@crca.ca. Yours truly,

Janelle Treash Resource Planner cc:

Ethan Gurr, Agent, via email

Page 3 of 3

Page 238 of 271

To:

Committee of Adjustment

From:

Development Services Department

Report Date:

June 13, 2024

Subject:

Permission Application (S. 45(2) of Planning Act) PL-ZNA-2024-0055, Jackson (Gurr), 1157 Leach Lane, Loughborough District

Summary This report recommends that the Committee of Adjustment grant approval of this application for permission to enlarge a legal non-conforming dwelling under section 45(2) of the Planning Act, subject to conditions. Background Official Plan Designation: Rural Zoning: RLSW Proposal The applicant seeks permission under Section 45(2) of the Planning Act to enlarge a legal non-conforming dwelling located within 30m of the highwater mark of Sydenham Lake. The existing 228.5sqm single detached dwelling and 97.5sqm attached deck is set back 8.5m from the lake. The application proposes to cover 48.2sqm of the deck with a roof structure attached to the house. The setback from the lake will not change and the height of the dwelling will not increase. Related Applications The lands are not subject to any additional applications under the Planning Act. Property Description The subject property has a lot area of 0.31ha with approximately 42m of frontage on Sydenham Lake and is accessed from Leach Lane. The Eel Bay wetland extends along the water frontage of the property. The property contains an existing dwelling with an attached deck and a detached garage. The property slopes down towards the water and the lot is a mix of lawn areas and tree cover. The property is located in an area of similar waterfront residential development.

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

Page 239 of 271

Township of South Frontenac Staff Report PL-ZNA-2024-0055, Jackson (Gurr), 1157 Leach Lane, Loughborough District

Department and Agency Comments Cataraqui Conservation have submitted comments stating that they have no objection to approval of the application. They recommend the implementation of sediment and erosion control measures and the maintenance and enhancement of a health buffer of native vegetation between the buildings/structures and the water. The CRCA notes that a permit for the development will be required under their regulation. Public Comments No comments were received from the public at the time this report was written. Planning Analysis The Township Official Plan Schedule designates the subject property as Rural and the property is zoned RLSW in Zoning By-law No. 2003-75. The dwelling is a permitted use. It is noted that while there is no EP designation on the Official Plan schedule that the Eel Bay wetland is located along the shoreline of the property Section 5.10.2 of the Zoning By-law states that existing buildings with less than the minimum 30 metre setback from the highwater mark of a waterbody may be repaired, renovated or strengthened to a safe condition provided there is no enlargement of the gross floor area or increase in height. This provision prohibits the enlargement of these existing buildings, without seeking permission from the Committee of Adjustment. The existing dwelling and attached deck is a legal non-conforming building because it was constructed prior to the current Zoning By-law and is setback 8.5 metres from the highwater mark. Through its powers under section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the dwelling. The criteria for considering an application under Section 45(2) are:

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

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

The proposed roof structure will be located entirely over an existing deck and area of site disturbance. The existing setback to the water will be maintained. The development will not result in any additional site disturbance or vegetation removal. Regarding lot coverage, the lot coverage of the existing dwelling and attached deck is 10.5%. The proposed roof over a portion of the deck will not result in an increase in lot coverage.

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

Page 240 of 271

Township of South Frontenac Staff Report PL-ZNA-2024-0055, Jackson (Gurr), 1157 Leach Lane, Loughborough District

The height of the existing dwelling is 6.7m. The proposed roof over the deck will tie into the existing roofline and not result in an increase in height to the dwelling. Conclusion It is the opinion of staff that it is appropriate for the Committee of Adjustment to grant permission to expand the legal non-conforming dwelling on the property, as described in this report. Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing. This included notice given: • • •

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

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve application PL-ZNA-2024-0055 for 1157 Leach Lane, subject to the following conditions.

Permission is granted to enlarge the legal non-conforming dwelling on the subject property with a 48.2sqm roof structure over the existing attached deck. The development will maintain the existing building height of 6.7 metres, and also maintain the highwater mark setback of the existing dwelling and attached deck, consistent with the submitted plans that will be attached to the Decision as Schedule “A”.
The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated. b. Roof runoff will be directed away from the lake and discharged to natural or constructed leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads to reduce the velocity of runoff. c. That existing natural vegetation within 30 metres of the shoreline must be maintained.

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

Page 241 of 271

Township of South Frontenac Staff Report PL-ZNA-2024-0055, Jackson (Gurr), 1157 Leach Lane, Loughborough District

A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac. Report Prepared By: Tom Fehr, Planner Report Reviewed By: Christine Woods, MCIP RPP, Senior Planner

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

Page 242 of 271

Page 243 of 271

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Chapter Committee

structure by-law

the land, Plan. By—law.

provided

alter

this be application ?led with with the accompanied sketch. by or debit in credit cash. card.

be provided for (where applicable)

together below Frontenac.

copy

enlarge to or on structure, the by by—Iaw.

and

of of

provisions

development purpose purpose

By—law

appointed

FRONTENAC VARIANCE

45(2))

2023

(s.

MINOR

SOUTH

Committee persons of eight R.S.O_ 45 the Planning of Act under or s. 45(2) permission

and

permission

chart the of South

Authority

that

Zoning appropriate intent intent

one Adjustment.

that

by-law

building ited

grant

Section

TOWNSHIP APPLICATION

Frontenac Only Petforrnance WITH in combination with a than Class A system

South

Region

Variance Variance Variance other

the

without

Type:

required

Conservation payable

building

the

vary

zoning

prohi

land,

may

Requlrements

any purpose

Quinte

Cataraqui

system

Minor

Township

for

accordance with the to Township

Variances Variances

After

1-3 4+

the

may

from

under

Adjustment

general the general in nature

It is required Committee

Mlication

where

Maintains is minor

for

Application

lands used

The

desirable

Maintains

variance:

Committee

the

The that

formed

OUTH

FR°"‘“E”“‘C

is Committee variance minor

The

“

”"\’;

Page 244 of 271

Please additional prior

CAREFULLY

fees to

FRONTENAC R.S.O. Act.

consultation

ITEM

and

for

SOUTH Planning

any

on application

construction.

this

APPLICATION c. 1990, P.13 as

only;

these

FOR MINOR amended

agencies

VARIANCE

questions

Treasurer 3 76-3027

regarding of the ext.2224).

used

requested

O H

herein is under the 1990 required Planning Act. the Division Committee of Adjustment/Land Co mm above referenced the application, and be made avai may ittee lablt Agencies an and Persons interest Authorities, having in e to the collection this should directed of be information Box Committee of Adjustment (P.O. Sydenham. K 100. Ont..

Personal information This information will of purpose reviewing boards, Commissions,

lands

applicant

THIS

are

shall sketch showing the the subject a of provide dimensions as outlined 29 the The sketch should of Question in application. dimensioned and scaled either or measures. in Imperial Metric This in sketch. the is the basis the analysis Application for of App the Minor Variance Form. icati Adjustment. it is recommended that the Committee of strongly applicant spend thoroughly to time and assemble the data and the data carefully transfer toon t h that the sketch drawn with important measureme be dimensions and accurate e whlch application does include the above not required infom1ation not nts.be ac may ce the regard, to secure who a applicant wish the assistance person may of spe pt cial such sketches. answering is attac drafting of to the A guide application questions e ize hed. s d. Personal Collection of lnformatlon

abutting

Each

PLEASE

fees applications

READ

These

permit

Note:

TOWNSHIP

Page 245 of 271

Page 246 of 271

nature

The

Please

(Le.

1‘].

the

subject

are the

nearest

used

Lake

indicate

residence,

the

public

whether

vaes

garage.

there shed,

the

are ’— No

etc.)

the

any

land?

EXISTING

(seasonal

buildings

cottage)

onl please distance

the

building

wiIh

(on

FOR

facilities

the

—

83-62

the

parking from

Yes

the

m )

s bj ec t

p r o Zoningp o s e d

VARIANCE

(0.762 accommodate

structures

these

indicate

road?

provisions

depth

30"

MINOR

road/lane):

amended

height

13.072

By-Iaw: building

maintained

existing

comply

is by water approximate

Wes

Zoning overall

Area:

Frontage

land.

APPLICATION c. P.13

1990,

RLSW

subject

municipally

cannot

lakeside

subject

the

from existing

residential

property and

road?

use

the

land:

FRONTENAC R.S.O. Act,

relief

current

from

use.

used road.

uses

recreational

existing

the

subject be to

maintained

area

subject

(0.559

proposed

22"

the

and

SOUTH Planning

99-51

property

extent exceed

Lane

Road/Lane:

waterfront

What

and

why

add

and

zoning

water):

depth

non-conforming

privately

the

Legal

reason

If access facilities

Upper

Name

Does

The

Permission

current

142-12

The

Depth:

(on

frontage(s),

Frontage

The

TOWNSHIP

Page 247 of 271

Se‘back

waterfront

13.The

14.Are

from

Area

any be

uses

built

building(s)

the

recreational

proposed

one-

High

story)

Irn

Bulldlng

Line

from

Line

from

from Line

Water Mark (If applicable)

Setback

Dlmensions Floor

lndlcale (Also or story

two

Lot

Setback Side

Lot

Rear

Setback

Front

answer

o f s tructure residence)

(5:52”

If the

Helght

TOWNSHIP

yes,

1 5-52 31 .33 fl

90_49

Yes

land?

structure(s).

33.12

subject

residential

the

35.1311

(722.6

? 1 3-58 one story

subject

SOUTH Plannlng

Cottage

1 1

20.0

(1)

item

/No

54.00

2253

70.35

Shed

building

‘1

9.10

existing

cottage)

58,57

(72.3

8.0

in)

105,13

(96.0

8.0

one

12.0

story

1 3-50

53.66

12.25

28.22

Shed

(4)

VARIANCE

structure(s).

ft)

indicate:

FOR MINOR amended

building(s)

(3)

struc:ure

APPLICATION c. P.13

? 1 2'33 one story

additions

(seasonal

(2)

EACH

land:

for

FRONTENAC R.S.O. Act.

Page 248 of 271

the

story

NOTES:

item

portlon

please

plans

the

provide

SOUTH

is yes,

Planning

for

each (2)

proposed

FRONTENAC R.S.O. Act.

existing

details:

any

roof

structure

DEMOLITION

relate

mark

ONLY

existing

building.

and

FOR

amended

structures?

be the

private

(3)

indi
cate: (4 )

VARIANCE

structure

MINOR

\‘ZYes

setback the lane, same. the CONSTRUCTION NEW

building

will to

addition.

APPLICATION c. P.13

1990,

is on property waterfront. high water setback the from question required in this total size the completed of

include

The dimensions the to NOT

(1)

the

subject

and

Mark

from

one

story)

if the line

your

If yes,

and

lot 2)

Water appllcable)

Setback

High (If

Line

from

Line

from

Line

from

Bulldlng

two

Outside

indicate

Lot

Dimenslons Bulldlnglstructure

(Also

Helght

Slde

Setback

Rear

Setback

Front

Structure

answer

residence)

Setback

(E.g.

Type

TOWNSHIP

Page 249 of 271

date

storm

Yes.

whether other

water

that

drainage

two

existing

sewers,

individula

the

French

ditches,

septic

provided owned

operated

swales drainst

site other

publicly a communal or

and

Yes

owned

d lake.

operate

lands:

\Z’ No

v’No

VARIANCE

subject

well.

owned

means?

land by individual

publicly communal

the

Yes

continued:

—

’

FOR MINOR amended

have ownership

land

subject operated

the

owner:

system

structure?

constructed

individual

land

current

subject

were

current

encroach

and

subject

prior

the

uses

system?

structure

?xtures

structures

time

and

disposal privately a

provided owned

or septic

and

existing

amount

the

operated

provided

and

was

existing

space

acquired

living

plumbing

bedrooms

existing

number

development?

APPLICATION c. P.13

proposed

addition

the

details:

the

FRONTENAC R.S.O. Act,

RAISING

SOUTH Planning

buildings

land

sewage system.

means:

the the

privately

means:

unknown

time

existing

drainage

owned

other

Roof

subject

2004

sewage

whether

intake

the

1 1

Will

Increase

(b)

uses

provide

Increase

the

include

(a)

the

system,

years

length

privately

Indicate operated privy.

lake

water body.

Indicate

.The

unknown

20.The

date

What

plans

please

are

your

If yes.

August

19.The

1 7.

TOWNSHIP

Page 250 of 271

If known, please under Section

answer application.

“Note:

The and The

ii)

Iii)

SOUTH Planning

boundaries

location of

of township

location

proposed

item is

all

line

abutting

lot

distances to

property importance

The

on-site and to abutting REQUIRED be IS varied. and should be prepared

(neighbours’)

point. landm

the

bridge

including

THE

between

AT land

2017

the railway

location

crossing.

subject

the

THE

subject

application

the

TOP

the

a n

land

PA GE.

and

Planni ng

VARIANCE

barns, signif icant as

and arti?cial the features on subject buildings. r land. include Examples a or stream wetlands, wo banks, barns, il these of features from the applicant‘s ode d

lands.

distance

subject

such

the

been

number

under

MINOR FOR amended

application

ever

number

ARROW

following:

?le

has

file

P.13

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

the

NORTH

the

land

the

Variance).

approved

all natural subject the river ditches, distance Show to

dimensions

showing

Variance

give

(Minor

give

APPLICATION

subject

please

is Consent.

land

the Act

please

yes,

FRONTENAC Act, R.S.°.

HAVE

reference

buildings.

and

MUST

Minor

yes,

submitted

whether Planning

\Z’No

indicate the of

question

SKETCH

must

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

The

nearest

THE

SKETCH

answer If the the application.

\7(Yes

whether the subject Plan of Subdivision

Yes

If the the of

indicate

25.Please approval

TOWNSHIP

Page 251 of 271

may

name.

wish appoint address

should

owners

Guide

appear the full

Completing

this in malllng

Minor

should

behalf

address,

section,

your

the

APPLICATION c. P.13

on act number

FRONTENAC Act, R.S.O.

someone and phone

must

sOUTH Planning

depth.

appear

the here

if they complete

during

even

All

separate

postal pro owner’sces s.

VARIANCE

variance

live with

Form

FOR MINOR amended

Variance

acres:

principal

Roads: maintained Municipally themselves residents maintain that and that are generally property

the

than

Reason can’t why you comply: because for could example, be. that is close already too to of a because impossible steep

line

mark,

mark.

area. All parts

aware You be not may pre-consultation in for

this

the with

of of

—

question zoning planning

must

other

are

shared

roads (not

that

private

can

lanes

Township; that

can

the

x is ti n private provide g

require d e an

building

do to 30 than within

this

on to from

asking rather m structure accessory

are

and

completed.

not meet add to further

a an

but

the

you

a variance developing

why

after driveways. others).

looked

seeking

words.

with

are

the water. embankment.

you

building.

property

you

your staff.

This is asking what of Relief: question are to be that asking it could example. you increase the or are asking to height that you or are a variance that construct seeking to you

Extent

-—for

and

come

zoning:

water water front

Nature variance

all

Subject the Land: are same as are The Districts the the former Townships. If you with bill. on tax the roll number number 1029) If (the long beginning your district is or Bedford; are 040-050, 020 numbers if the 010, your 030v Loughborough; 060 district is are or Storringto numbers your if the 070. ; is are Portland. numbers district 080, your check bill are not tax Lot Numbers: and if you sure, Concession your assig been Civic Number: Your civic address number has Street not if a ned. space blank. or are on This whether of question applies not you Name Road/Street: a public road. a pl Plan has been it will have Reference surveyed. No: If your property an surveyed. not has been one or more on that If your plan. property parts blank. on Roll No: beginnlng with ‘1029’ which appears your is the number This take time look it up the to before submitting application.

you

lot

when

Frontage,

Current

address(es)

of Description District: a.

You

names

the

person‘s authorization.

The and

TOWNSHIP

Page 252 of 271

Parking

Demolition: instances,

Water their

years,

Length

is of

——

new

structures: “yes”

All proposed

under

Structure:

acquired:

lake.

most

uses:

cases

For

are

you

——

6.9.

are

not

take

answer

example,

the

clear

granted made not

words,

are

made

If you

must

build

can

the

all complete dwelling. your

please

sections

property

land

only

MINOR

part

screened

will

has

sure,

the

private

land

provide

possession

each

proposing

permit

new dwelling,

septic development and to

ANYTHING garages,

must

your

the

raise

but

used

best

for some

property)

in increase An an involve

building

waterfront

residential

estimate.

the question. would

well'

been

porch

this

i n c r e a s e

or de r

involved. nce.

reside

deck,

de sc ril e be da department. s withe out t of be

th e

e s t as theo construn to ct land “, property, systems.

add

the

the this q describe u of

now,

access

VARIANCE

the from bulldlng height be cannot accomplished the the Committee at beginning add to on permission to your it clear that there is demolition in

you

decks.

proposed ALL addition to

requires increase or

additions.

planning

answer walls

did

Please with

You deck

structures

you

FOR amended

recreational

this answer to question same be the will currently and planning are vacant, you section 10 would be “vacant recreational in be “residential”

vacant

relevant

APPLICATION c. 1990, P.13

only

business,

R.S.O.

structures: there is

have

you

other

When

buildings: months?

existing 18

it.

you

retail buildings

the

columns.

construct

Act,

FRONTENAC question

are if you includes

demolltlon addition is not

anything

Development:

and

ANY

construction:

This

walls. If this that, although do it because

supply: water from

20)Date

buildings property.

are

proposing to in separate

This

SOUTH Planning

residential,

Uses: Generally, the land example. use be described to 13 would in section

existing

land

if there “yes”.

e.g.

Docking:

on your residence.

Uses:

and

include

1 9)Date

would spacer

18)Uses

17)Raising a basement

existing find may actually

Description are you information

Proposed question

described

the

Proposed if, for

but then

the

from

structure

Description

Buildings: question

Existing

water.

TOWNSHIP

Page 253 of 271

Are

most

drainage,

yes:

drawn

has

this

been

the to

there

cannot

if stress

known,

been

property. the zoning

Has

appointed.

submitting owners All

Indemnlfy:

been

the

signed application, must sign

Must the

the

will

not

system.

for

the

detailed.

were.

accepted.

the

d ra i a g e;

in be

oaths of front of signed

and

f by

staf

dr a dis w ta nc es,

pleas e

accurate.

property,

professional dimensions

a a

commissioner application it can or

show

with

the

may

with

(severance)

deal

there

VARIANCE

property? the perm special issio probab seller will ly n other

the on variance

owner.

granted of any

subdivision

consent

but

FOR MINOR amended

information)

not

application.

sign

front

importance contract

constructed

granted of the

new

variance be aware

variance details the

scale, to RULER), A

need

enough

application

been

for severance this provide

have

private

sewage

APPLICATION c. P.13

1990,

a minor probably are If you

previous what and

will you by-law.

ever

be that

currently

will

application can help

there

ditches

answer

FRONTENAC Act, R.S.O.

do necessarily not are that drawn not neatly (PLEASE USE

specific

the

SOUTH Planning

a current is number. (Staff

consent:

etc.?

there

this.

before done commissioners.

Agreement

not

cases

there has number

You sketch. but sketches

SKETCH:

application

variance aware

for you

owner

variance:

If there the file

time

Minor

If yes: indicate

for Application the property?

for

Drainage: natural

Septic:

TOWNSHIP

Page 254 of 271

frat

Inset Map ‘9

7PELP$

SCDlJIII

NWR

ROAD ROAD QBIDGE

LAKELANE

FRONTENAC

PL-ZNA-2024-0056

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BURRIDGE

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(BYRTUS) (GILDENHAAR) 112 UPPER LAKE LANE

GREEN BAY ROAD

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Lake Trout Lake Not at Capacity

i IZ UPPER

Non-Lake Trout Lake At Capacity

LALE [AME

Waterbody

_ _’ Township. Boundary

1 l4 UPPER

LAlE LANE

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

Page 255 of 271

l ”‘ UPPER

Scale: 1:450

UTM Zone 18 NAD 83 Date: 2024-05-10

Page 256 of 271 2;

93°

BAY

PROPOSED

.COTTAGE

. ABUTTING

I q l Lib-m-WJ

SI -112 ’ABUTTING T COTTAGE ' E’

Page 257 of 271 Y

‘T ”s:-

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BEDROOM

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,

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,

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EXISTINGMAIN FLOOR PLAN- PROPOSED B
A
T
Frontenac
South
Lake Lane,
112 Upper
W
Y
P,

FEET

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.3

_

___,_.

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PROPOSED
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SOUTHELEVATION

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RAILINGS NOT SHOWN

OLD EXISTINGMAINROOF
TO BE REMOVED

Page 258 of 271
I

PROPOSED

I

4

I

I

l

I

112 Upper Lake Lane, S
o
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FEE
t
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h

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.

Page 259 of 271

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Page 260 of 271
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June 3, 2024
24-SFR-MVA-0008 (BEDFORD)
PL-ZNA-2024-0056
Township of South Frontenac
Committee of Adjustment
P.O. Box 100
4432 George Street
Sydenham, ON
K0H
2T0
Contact:
Attention:

Tom Fehr

Subject:

Darcy & Catherine Byrtus (Owners) & Mark Gildenhaar (Agent)
Application for Minor Variance – PL-ZNA-2024-0056
Concession 7 Lot 22 Former Township of Bedford, Now the Township of South
Frontenac; Roll Number: 10290100502410000000
Civic Address: 112 Upper Lake Lane
-----------------------------------------------------------------------------------------------------------Dear Mr. Fehr,
The Rideau Valley Conservation Authority (RVCA) has reviewed the subject application within
the context of:
- Section 3.1 Natural Hazards of the Provincial Policy Statement under Section 3 of the
Planning Act,
- The Rideau Valley Conservation Authority O. Regulation 41/24 under Section 28 of the
Conservation Authorities Act),
- Tay River Subwatershed Report 2017 – Wolfe Lake Catchment
- The Mississippi-Rideau Source Protection Plan.
THE PROPOSAL
The Rideau Valley Conservation Authority understands the subject application is seeking
permission to expand a non-conforming use to exceed the existing overall building height by 30
inches for a for a new roof and permission to expand a non-conforming use towards the lake by
22 inches of the existing building depth to accommodate a proposed bay window.
RVCA COMMENTS AND RECOMMENDATIONS
Review Comments
Provincial Policy Statement
Page 1 of 3

Page 263 of 271

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

increased well casing depths,

•

increased distance of septic systems from drinking water wells,

•

ensuring wells are located upgradient of septic sewage disposal systems,

•

ensuring that wells and septic systems are properly maintained,

•

avoiding use of pesticides, herbicides and fertilizers.

Discussion & Recommendations
From a natural hazard perspective, the proposed development is not inappropriate for the
development of the subject property and will not result in undue adverse impacts on the
surrounding properties.
Should the Committee support the proposed minor variance, our office would have the following
recommendations for conditions of any implementing agreement or notes to be included in the
Committee’s notice of decision:
We recommend the following best management practices for consideration should this
application be approved. These include:
•

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

•

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

•

Maintenance of the waterfront vegetative buffer with native woody plant cover is
important. The woody vegetation cover will continue to stabilize the shore and slopes
Page 2 of 3

Page 264 of 271

and help infiltrate stormwater runoff. As indicated in our site visit, the shoreline will
remain undisturbed. If you would like more information on planting shorelines, please
contact RVCA Shoreline Naturalization Program staff (Meaghan McDonald or Brandon
Holden) at 1-800-267-3504 or 613-692-3571.
•

For any proposed future shoreline alterations, an RVCA section 28 permit may be
required. Please contact RVCA if you plan any work along the shoreline.

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

Yours truly,

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

Cc:

Darcy & Catherine Byrtus (Owners)
Mark Gildenhaar (Agent)
Emma Bennett - RVCA

Page 3 of 3

Page 265 of 271

To:

Committee of Adjustment

From:

Development Services Department

Report Date:

June 13, 2024

Subject:

Permission Application (S. 45(2) of Planning Act)
PL-ZNA-2024-0056, Byrtus (Gildenhaar), 112 Upper Lake Lane, Bedford
District

Summary
This report recommends that the Committee of Adjustment grant approval of this
application for permission to enlarge a legal non-conforming dwelling under section 45(2) of
the Planning Act, subject to conditions.
Background
Official Plan Designation: Rural
Zoning: RLSW
Proposal
The applicant seeks permission under Section 45(2) of the Planning Act to enlarge a legal
non-conforming dwelling located within 30m of the highwater mark of Burridge Lake. The
existing 66.9sqm single detached dwelling is set back 10.7m from the lake. The application
proposes to add a 1.2sqm bay window that will project 0.5m from the dwelling towards the
lake. The application also proposes to add a new shed style roof that will increase the
height of the dwelling from 5.7m to 6.3m.
Related Applications
The property was subject to a previous minor variance application (MV-36-17-B) which
permitted the construction of a 11.1sqm addition and to increase the height of the existing
structure for the construction of a crawlspace.
Property Description
The subject property has a lot area of 0.12ha with approximately 30m of frontage on
Burridge Lake and is accessed from Upper Lake Lane. The property contains an existing
dwelling with an attached deck and accessory buildings. The property slopes down
towards the water and the lot contains mature tree cover. The property is located in an area
of similar waterfront residential development.

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

Page 266 of 271

Township of South Frontenac
Staff Report PL-ZNA-2024-0056, Byrtus (Gildenhaar), 112 Upper Lake Lane, Bedford District

Department and Agency Comments
The Rideau Valley Conservation Authority provided comments stating they have no
objection to approval of the application. They recommended that appropriate sediment and
erosion controls are incorporated into construction plans, that roof runoff is collected and
directed away from the lake, and the maintenance and enhancement of a healthy buffer of
native vegetation between the development and the lake.
Public Comments
No comments were received from the public at the time this report was written.
Planning Analysis
The Township Official Plan Schedule designates the subject property as Rural and the
property is zoned RLSW in Zoning By-law No. 2003-75. The dwelling is a permitted use.
Section 5.10.2 of the Zoning By-law states that existing buildings with less than the
minimum 30 metre setback from the highwater mark of a waterbody may be repaired,
renovated or strengthened to a safe condition provided there is no enlargement of the gross
floor area or increase in height. This provision prohibits the enlargement of these existing
buildings, without seeking permission from the Committee of Adjustment. The existing
dwelling is a legal non-conforming building because it was constructed prior to the current
Zoning By-law and is setback 10.7 metres from the highwater mark.
Through its powers under section 45(2) of the Planning Act, the Committee of Adjustment
may grant permission to enlarge the dwelling. The criteria for considering an application
under Section 45(2) are:
-

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

-

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

The proposed bay window is a minor enlargement of the dwelling that will project 0.5m from
the face of the existing dwelling. The bay window will not extend to the ground and will not
result in additional site disturbance or vegetation removal. The existing lot coverage of the
dwelling is 5.6%. Lot coverage will not be increasing as a result of the application.
The existing dwelling is a one storey structure and the application is proposing a new shed
style roof for the dwelling. The building height will slightly increase from 5.7 metres to 6.3
metres as a result of the new roof which is within the maximum permitted height of the
RLSW zone. The slope of the shed roof will result in runoff being directed away from the

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

Page 267 of 271

Township of South Frontenac
Staff Report PL-ZNA-2024-0056, Byrtus (Gildenhaar), 112 Upper Lake Lane, Bedford District

lake. Maintaining existing vegetation will assist in screening the development from adjacent
properties and help mitigate any visual impacts.
Conclusion
It is the opinion of staff that it is appropriate for the Committee of Adjustment to grant
permission to expand the legal non-conforming dwelling on the property, as described in
this report.
Notice/Consultation
Notice of the Statutory Public Hearing was given pursuant to the requirements of the
Planning Act, at least 10 days in advance of the Public Hearing. This included notice given:
•
•
•

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

Recommendation
It is recommended that the Committee of Adjustment receive comments from the public
and, pending comments received, approve application PL-ZNA-2024-0056 for 112 Upper
Lake Lane, subject to the following conditions.
1. Permission is granted to enlarge the legal non-conforming dwelling on the subject
property with a 1.2sqm bay window that projects 0.5m from the face of the existing
building, and a new roof with a maximum building height of 6.3 metres, consistent
with the submitted plans that will be attached to the Decision as Schedule “A”.
2. The Owner is required to enter into a Development Agreement to be registered on
the title of the property to the satisfaction of the Township to address the following
matters and environmental standards of the Township:
a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be
used during construction and until the site is stable and revegetated.
b. Roof runoff will be directed away from the lake and discharged to natural or
constructed leaching pits/areas to maximize infiltration or onto coarse rock
rubble splash pads to reduce the velocity of runoff.
c. That existing natural vegetation within 30 metres of the shoreline must be
maintained.
3. A building permit is required for ALL proposed demolition and construction on the
property. There shall be no additional development on the property without the
approval from the Township of South Frontenac.
www.southfrontenac.net
South Frontenac is a welcoming and thriving rural community.

Page 268 of 271

Township of South Frontenac
Staff Report PL-ZNA-2024-0056, Byrtus (Gildenhaar), 112 Upper Lake Lane, Bedford District

Report Prepared By:
Tom Fehr, Planner
Report Reviewed By:
Christine Woods, MCIP RPP, Senior Planner

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

Page 269 of 271

To: Committee of Adjustment
Prepared by: Development Services Department
Date of Meeting: June 13, 2024
Subject: Decisions on Delegated Consents

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

Background
The authority to grant undisputed consents is delegated to the Director of Development
Services under By-law 2020-27. This report lists the applications which met the criteria for
being considered as an undisputed consent and have received provisional consent
approval.
Committee of Adjustment is notified for information.

Discussion/Analysis
a) PL-BDJ-2024-0022 (Hetherington) – Storrington District
This undisputed consent was granted provisional consent on May 23, 2024.
The purpose of this consent application was for the creation of one new rural
residential waterfront lot from property addressed as 2078 Sunbury Road. The newly
created parcel will be 4.25 Acres in area with 91 metres of frontage on both Sunbury
Road and Dog Lake.

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

www.southfrontenac.net
Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 270 of 271

Township of South Frontenac
Staff Report - Decisions on Delegated Consents

APPENDIX A

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Page 271 of 271

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