Body: Committee of Adjustment Type: Minutes Meeting: Committee Date: May 13, 2021 Collection: Council Minutes Municipality: South Frontenac
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Minutes of Committee Of Adjustment May, 13, 2021 Time: 7:00 PM Location: Virtual via Zoom Meeting # 04 Present: Randy Ruttan, Ken Gee, Norm Roberts, Tom Bruce, Doug Morey, Mike Nolan & Pat Barr Absent with regrets: Mike Howe Staff: Anna Geladi, Planner, Christine Woods, Senior Planner, Claire Dodds, Director of Development Services and Michelle Hannah, Planning Assistant. 1
Call to Order
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Adoption of Agenda
a)
Resolution Resolution No. 2013-14-2 Moved by Norm Roberts Seconded by Tom Bruce THAT the South Frontenac Committee of Adjustment hereby adopts the agenda for the May 13, 2021 Committee of Adjustment meeting. Carried
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Electronic Meeting Information
a)
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/virtual-committee-ofadjustment-meetings.aspx Instructions about participating via Computer, Laptop, Smartphone, Tablet and Telephone can be found at the above noted link as well.
b)
PowerPoint Presentation Staff have 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.
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Declaration of pecuniary interest
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Approval of Minutes – April 8, 2021
a)
Resolution Resolution No. 2013-14-3 Moved by Mike Nolan Seconded by Doug Morey THAT the Township of South Frontenac Committee of Adjustment hereby approves the minutes of the April 8, 2021 meeting of the Committee. Carried
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Minor Variance Applications - Previously Deferred
a)
MV-08-21-P (Van Allen) Location: Part Lot 9, Concession 11, being Part 1 on Plan 13R12843, District of Portland, Township of South Frontenac, municipally known as 6082 Cemetery Road.
Minutes of Committee Of Adjustment May, 13, 2021 Purpose of Application: To vary section 14.3.1 and 5.8.2a) of the Zoning Bylaw to permit the re-construction of a single detached dwelling to be located 1.4 metres (4.5 feet) from the interior side lot line and 9.2 meters (30 feet) from the highwater mark, whereas the Zoning By-law requires a minimum of 2.5 metres (8.2 feet) from the interior side lot line and 30 metres (98.4 feet) from the highwater mark. The Planner delivered her report to the Committee. Committee member Bruce thanked the applicant and staff for their hard work, it was a complicated application and he agrees with the staff recommendation. Resolution No. 2013-14-4 Moved by Pat Barr Seconded by Tom Bruce THAT the Township of South Frontenac Committee of Adjustment hereby approves Minor Variance Application MV-08-21-P by Cory, Katherine and Rachel Van Allen, located at 6082 Cemetery Road, Verona Rock Lake to permit the continued legal non-conforming use of the property. Also to permit the enlargement of the house by permitting the enclosure of the existing covered porch and the construction of a two-storey addition with a footprint of a 3.66 x 3.66 metre. The addition is permitted to be established at a 1.9 metre northern interior side yard. Also to permit the reconstruction of a cottage with a maximum footprint of 74 square metres to be located 2.5 metres from the western interior lot line, with a setback of 1.3 metres to the interior lot line to the north and to be located 10 metres from the highwater mark of Verona Lake, as per the revised drawings and application submitted with the application received on April 26, 2021, subject to conditions. Carried 7
New Minor Variance Applications:
a)
MV-38-20-S (Kirkpatrick) Location: Lot 22 on Plan 1316,District of Storrington, Township of South Frontenac, municipally known as 5539 Rideau Road, Little Cranberry Lake. Purpose of Application: To vary section 5.8.2a) and 10.3.2 of the Zoning Bylaw to permit an existing deck to be located 13 metres (43 feet) from the highwater mark whereas the Zoning by-law requires a minimum of 30 meters (98.4 feet) from the highwater mark. The Planner delivered her report to the Committee. Committee member Morey inquired with respect to a site plan control or requirement for planting to protect the top of bank and erosion area. The Planner advised that this is a condition that could be placed on the Minor Variance if the Committee members chose to add it, however, in consultation with the Conservation Authority the property is almost all rock and this would be challanging to accomplish. Committee member Roberts agreed that the bottom deck should be removed, and as far as vegetation goes, it is on a rock and he does not see where you could plant anything. The Director of Development services asked for clarification with respect to the request for a revegetation or planting plan. Committee member Morey advised that he does not see it necessary now that he knows the land is not suitable for planting and if there was it would not be successcul and withdrew his request.
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Minutes of Committee Of Adjustment May, 13, 2021 Resolution No. 2013-14-5 Moved by Mike Nolan Seconded by Tom Bruce THAT the Township of South Frontenac Committee of Adjustment hereby approves Minor Variance Application MV-38-20-S by Amelia Kirkpatrick, located at 5539 Rideau Road, Little Cranberry Lake. To permit an existing attached deck to be 53 square metres in size and located 13 metres from the highwater mark of Little Cranberry Lake, as per the drawings submitted with MV-38-20-S showing the dimensions of the existing deck, subject to conditions. Carried b)
MV-12-21-P (Sherk) Location: Part Lot 10, Concession 14, Being Part 1 on Plan 13R18576, District of Portland, Township of South Frontenac, municipally known as 4366 Snider Road. Purpose of Application: To vary section 5.24.2 of the Zoning By-law to permit the construction of a detached garage being located in the projected front yard whereas the Zoning by-law requires an accessory building to be erected to the rear of the projected front or exterior sidewall of the main building. The Planner delivered her report to the Committee. Committee member Bruce advised that he visited the site and that it seems to be the only logical spot for the garage due to the placement of the home and the septic. Resolution No. 2013-14-6 Moved by Ken Gee Seconded by Norm Roberts THAT the Township of South Frontenac Committee of Adjustment hereby approves Minor Variance Application MV-12-21-P by Marjory and Robert Sherk, located at 4366 Snider Road. To permit an acessory building, being a detached garage to be located in the front yard, located at least 20 metres from the front lot line, subject to conditions. Carried
c)
MV-13-21-B (MacHale) Location: Part Lot 2, Concession 17, being Parts 1 – 3 on Plan 13R1871 and being Parts 1 -3 on Plan 13R14240, District of Bedford, Township of South Frontenac, municipally known as 2677 Opinicon Road, Opinicon Lake. Purpose of Application: To vary section 5.24.2 and 10.3.2 of the Zoning Bylaw to permit the construction of a detached garage being located in the front yard and with a height of 8 metres (26.8 feet) whereas the Zoning by-law requires an accessory building located whereas the Zoning by-law requires an accessory building to be erected to the rear of the projected front or exterior side wall of the main building and permits a maximum height of 6 metres (19.7 feet). The Planner delivered her report to the Committee. Committee member Nolan advised that he visited the site and it looked like it is already being developed, many of the trees were removed and stone had been moved and gravel had been put down for the pad of the garage. His concern was with the size of the garage and if there is an intent for the building to become a separate living space. From a structural viewpoint, there is no concern with the size unless it is intended to become something more than storage. Chair Ruttan asked the Planner to comment on this matter as it was his understanding that the increased height was to match the current home on the property.
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Minutes of Committee Of Adjustment May, 13, 2021 The Planner advised that the height of the garage is just below the height of the house on the property and the applicant advised on the application that their house does not have any storage right now and the garage will be utilized as storage only. The Chair asked if there is anything to stop living space in the garage. The Planner advised that a second dwelling would not be a permitted use on the property at present and it would be required that they apply for a zoning bylaw amendment to allow this if that was something they wished to do. But from conversations with the applicant, they have indicated it is for storage only. Committee member Barr advised she agrees with member Nolan in the respect of the proposed placement of the garage, however, she would be cautious that the long-term plan is more than a garage or workshop. The applicant thanked the Committee members for hearing the application, he acknowledges the concerns with respect to utilizing the garage; however, the way the land is developed it would be impossible for the new garage to be tied into the existing sewage system, it is also being used to its full capacity and would have to be upgraded. It would be challenging to locate a new sewage system on the property as well. He advised that he is only intending to use the garage for storage, the crawlspace that exists in the house is quite cumbersome. Resolution No. 2013-14-7 Moved by Doug Morey Seconded by Ken Gee THAT the Township of South Frontenac Committee of Adjustment hereby approves Minor Variance Application MV-13-21-B by Jesse MacHale, located at 2677 Opinicon Road, Opinicon Lake. To permit an accessory building, being a detached garage to be located in the front yard with a minimum setback of 30 metres from the front lot line and is permitted to have a maximum height of 9 metres, as per drawings submitted with the application, subject to conditions. Carried d)
MV-14-21-L (Polywkan) Location: Part Lot 1, Concession 8, being Parts 1 – 6 on Plan 13R11849 and being Part 1 on Plan 13R17795, District of Loughborough, Township of South Frontenac, municipally known as 5125 Knowlton Lake Road, Knowlton Lake Purpose of Application: To vary section 5.8.2a) and 10.3.1 of the Zoning Bylaw to permit the construction of a 12 square metre (130 square foot) addition to the principal building being located 7.3 metres (24 feet) from the highwater mark of Knowlton Lake, and to permit the addition of an current 68.5 square metre (737 square foot) detached existing shed to become attached to the principal building being located 1.8 metres (6 metres) from the highwater mark. The proposal will also increase in lot coverage for the principal building by 0.6% to a total of 7.4% lot coverage whereas the Zoning by-law permits a maximum of 5% for the principal building. The Planner delivered her report to the Committee. The Agent on the application advised that work is not being conducted by the water, everything is an additional 4.2 metres back from the home itself, there will only be a renovation to the existing shed to make it more presentable for the public on the water side. He advised that they will gladly listen to and incorporate any concerns and suggestions the Conservation Authority has, but their plan is to protect the waterfront in all aspects. Resolution No. 2013-14-8 Moved by Tom Bruce Seconded by Doug Morey
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Minutes of Committee Of Adjustment May, 13, 2021 THAT the Township of South Frontenac Committee of Adjustment hereby defers making a decision on application MV-14-21-L made by Christopher Polywkan located at 5125 Knowlton Lake Road, Knowlton Lake. To provide additional time for Township Staff to request clarification of Cataraqui Conservation Staff about the application and their comments. Carried e)
MV-15-21-P (Lavin & Brown) Location: Part Lot 19, Concession 11, Being Part 3 on Plan 13R1840, District of Portland, Township of South Frontenac, municipally known as 5401 Bellrock Mill Street, Depot Creek Purpose of Application: To vary section 5.8.2a) and 11.3.2 of the Zoning Bylaw to permit the construction of a detached garage being located in 18 metres (59 feet) from the highwater mark of Depot Creek and with a height of 7 metres (23 feet) whereas the Zoning by-law requires an accessory building located a minimum of 30 meters (98.4 feet) from the highwater mark and permits a maximum height of 6 metres (19.7 feet). The Planner delivered her report to the Committee. Resolution No. 2013-14-9 Moved by Pat Barr Seconded by Mike Nolan THAT the Township of South Frontenac Committee of Adjustment hereby approves Minor Variance Application MV-15-21-P by Virginia Lavin and Robert Brown, located at 5401 Bellrock Mill Street, Depot Creek. To permit an accessory building, being a detached garage with a minimum setback of 18 metres from the highwater mark and having a maximum height of 7 metres, as per the drawings submitted with the application, subject to conditions. Carried
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Other Business
a)
Report - Decisions on Delegated Consents
9
Adjournment
a)
Resolution Resolution No. 2013-14-10 Moved by Doug Morey Seconded by Norm Roberts THAT the May 13, 2021 meeting of the Township of South Frontenac Committee of Adjustment is hereby adjourned at 7:56 p.m., to reconvene on Thursday, June 10, 2021, at 7:00 p.m. or at the call of the Chair. Carried
Randy Ruttan, Chair
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