Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: April 14, 2022 Collection: Council Agendas Municipality: South Frontenac

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Committee of Adjustment Meeting Agenda TIME: 7:00 PM, DATE: Thursday, April 14, 2022 PLACE: Council Chambers/Virtual via Zoom. 1.

Call to Order

a)

Resolution

Adoption of Agenda

a)

Resolution

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/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.

b)

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

a)

None declared

Minor Variance Applications from Previous Meetings:

a)

MV-51-21-L (McKay) (Snelgrove) Location: 82 Labelle Lake Lane, Big Clear Lake, Loughborough Purpose of Application: To permit a deck attached to a single detached dwelling to be set back a minimum of 26 metres from the highwater mark of a wetland connected to Big Clear Lake, whereas a minimum 30 metre setback is required for all buildings and structures.

New Minor Variance Applications:

a)

PL-ZNA-2022-0008 (Wirsig) Location: Roll number: 102904004003200, Kismet Lane, Loughborough District

4 - 85

86 111

112 141

Page 1 of 304

Purpose of the Application: To vary section 5.29.10 of Zoning By-law No. 2003-75 to permit a home industry (an E-commerce business) in an existing building that is setback 11 metres from the northern interior side lot line, whereas 20 metres is required. Also, to permit this building within the front yard of a dwelling. Also, to vary section 5.24.2 to permit the home industry building, a detached garage and a sleeping cabin in the front yard of a dwelling. b)

PL-ZNA-2022-0021 (Barry) Location: 547 West Devil Lake Lane, Bedford Purpose of Application: This application is requesting permission to enlarge a legal nonconforming building by increasing its height located within 30 metres of the highwater mark of Devil Lake.

142 165

c)

PL-ZNA-2022-0025 (Jinapriya & Irrcher) (IBI Group) Location: 4508 Red Maple Lane, Loughborough Lake, Loughborough Purpose of Application: The applicants are proposing to demolish the existing single detached dwelling and build a new single-detached dwelling in the same general footprint. Variances are required for the highwater mark, front yard, top of bank and lot coverage. The new dwelling will be 2 storeys and have a walk-out basement. It will have a height of 8.7 metres and have a floor area of 183 square metres. It will be located 23.7 metres to the existing highwater mark of Loughborough Lake and 6 meters from the top of bank. There will be an increase of 1.1% for lot coverage.

166 207

d)

PL-ZNA-2022-0026 (Heyler & Miguel) Location: 3835 Hideaway Lane, Dog Lake, Storrington Purpose of Application: To request permission under section 45(2) of the Planning Act to enlarge the legal non-conforming dwelling and garage on the property. These buildings are within 30m of the highwater mark of Dog Lake. The dwelling would be raised 1.2m (4ft) to turn the existing crawlspace into a full basement. The area under the 432 square foot waterside deck would be enclosed. Some of the existing decking would be removed from the dwelling. The garage was enlarged with the addition of a carport by a previous owner without any approvals. The current owners are seeking to have the location of the carport legally recognized.

208 237

e)

PL-ZNA-2022-0027 (Taylor) (Di Cesare) Location: 106 Sandpit Lane, Crow Lake, Bedford Purpose of Application: To request permission to enlarge a legal non-conforming building by enclosing a portion of the existing deck located within 30 metres of the highwater mark of Crow Lake.

238 264

f)

PL-ZNA-2022-0028 (Pickett) Location: 219 Garrett Road, Bedford Purpose of Application:

265 281

Page 2 of 304

The property contains two dwellings, whereas the Rural (RU) zone only permits one dwelling. The purpose of the application is to request permission under section 45(2) of the Planning Act to enlarge one of the dwellings on the property. The effect would be to permit a 300 square foot addition to the dwelling for an accessible, main floor bedroom. g)

PL-ZNA-2022-0033 (Gagne) Location: 2926 Forest Road, Loughborough Purpose of the Application: To permit an accessory structure (detached garage) to be located in front of the projected front wall of the dwelling 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.

Other Business

a)

Consents Approved by Delegated Authority

Adjournment

a)

Resolution

282 301

302 304

Page 3 of 304

Committee of Adjustment Meeting Thursday, April 14, 2022 7:00 p.m. Virtual Meeting from Council Chambers 4432 George Street, Sydenham, ON Page 4 of 304

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

Township Staff

• Randy Ruttan (Chair)

• Christine Woods (Senior Planner)

• Alan Revill

• Anna Geladi (Planner)

• Norm Roberts

• Michelle Hannah (Planning Assistant & Secretary Treasurer)

• Mike Nolan • Doug Morey • Mike Howe • Tom Bruce Page 5 of 304

• Ken Gee

Format for Each Hearing 1. 2. 3. 4. 5. 6.

The Chair will introduce the file The Planner will provide an overview of the application Questions of clarification for the Planner or Applicant Questions or comments from the Applicant / Agent / Members of the Public Committee deliberation and vote The Chair will state whether the vote was carried

Page 6 of 304

Appeal Rights

Page 7 of 304

• Township staff will be in contact with the applicant following the meeting. Where a decision has been made, it will be forwarded to the applicant and anyone who has requested to be notified within 15 days. • If a person or public body does not make oral submissions at the hearing or make written submissions to the Township before a decision is made, the person or public body is not entitled to appeal the decision. • Anyone may appeal the decision to the Ontario Land Tribunal. The appeal must be filed with the Secretary-Treasurer of the Committee of Adjustment within 20 days of the notice of decision. The notice of appeal must set out the reasons for the appeal and be accompanied by the fee required by the Tribunal. • If you have any questions after the meeting, please reach out to staff.

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

Page 8 of 304

In Case of Technical Difficulties • If a Committee member disconnects from the meeting, the meeting will proceed if quorum is met and the Committee member will attempt to reconnect. • Should all members of the Committee disconnect, members will be asked to reconnect. • If the meeting cannot be restored within 15 minutes, the meeting will be postponed. • Staff will be in touch with applicants. • A notice will also be posted on the Township’s social media letting you know. Page 9 of 304

Agenda • Call to Order • Adoption of Agenda • Declaration of Pecuniary Interests • Approval of Minutes of Previous Meeting • Hearings for Applications • Consent Granting Authority Report • Other Business • Adjournment Page 10 of 304

Application MV-51-21-L Minor Variance

Applicant: Doug and Romey McKay Agent: Paul Snelgrove Property: 82 Labelle Lake Lane Recommendation: Approval Page 11 of 304

• Pending public comment • Subject to conditions

Property Description • Rural designation • RLSW-81 zone • 3.7 ha • Existing dwelling

Big Clear Lake

Page 12 of 304

Proposal • 5 metre by 11 metre deck attached to dwelling • Setback 26 metres from highwater mark of wetland connected to Big Clear Lake

Photo 1

Photo 2

Wetland Page 13 of 304

Proposed Deck

Inner courtyard

View for driveway

Page 14 of 304

Department, Agency and Public Comments • Public Services – did not meet criteria for circulation • Building Services – did not meet criteria for circulation • Cataraqui Conservation – no objection • Public Comments – two individuals are supportive

Page 15 of 304

Planning Analysis Variance meets four tests of a minor variance

1. Maintains the general intent and purpose of the Township of South Frontenac Official Plan
2. Maintains the general intent and purpose of Zoning By-law No. 2003-75
3. Is desirable for the appropriate development of the lands in question
4. Is minor Page 16 of 304

Recommendation • It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve application MV-51-21-L, subject to conditions. • Conditions: • The application is approved in accordance with plans submitted • Building permit is required for ALL construction on the property

Page 17 of 304

1. Questions of Clarification for Staff or Applicant 2. Public Questions or Comments 3. Committee Deliberation & Vote Page 18 of 304

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

If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen. Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.

Application PL-ZNA-2022-0008 Minor Variance

Applicant: Jay and Margaret Wirsig Agent: David Nanton, Fotenn Property: 102904004003200, on Kismet Lane Recommendation: Approval Page 19 of 304

• Pending public comment • Subject to conditions

Property Description • Rural designation • RU zone • 7.6 ha (18.8 acres) • Accessed from Kismet Lane • Existing cottage, sleeping cabin, garage

Page 20 of 304

Proposal

Page 21 of 304

• Construct dwelling • Convert cottage to home industry (e-commerce) • Home industry building setback 11 metres from property line • Three existing buildings will be in front yard of dwelling

Wetland

View of home industry building from end of lane

Garage

Page 22 of 304

Page 23 of 304

Home industry building (left) and sleeping cabin (right) viewed from location of new house

View of home industry building from northern (closest) property line Page 24 of 304

Department, Agency and Public Comments • Building Services – building permits will be required for the existing and proposed buildings and structures • Public Services – did not meet criteria for circulation • Cataraqui Conservation – did not meet criteria for circulation • Public Comments – one neighbour indicated support

Page 25 of 304

Planning Analysis Variance meets four tests of a minor variance

1. Maintains the general intent and purpose of the Township of South Frontenac Official Plan
2. Maintains the general intent and purpose of Zoning By-law No. 2003-75
3. Is desirable for the appropriate development of the lands in question
4. Is minor Page 26 of 304

Recommendation • It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve application PL-ZNA-2022-0008, subject to conditions. • Conditions: • The application is approved in accordance with plans submitted • Building permits shall be obtained for the existing buildings on the property within one year of minor variance approval • Building permit is required for ALL proposed construction on the property Page 27 of 304

1. Questions of Clarification for Staff or Applicant 2. Public Questions or Comments 3. Committee Deliberation & Vote Page 28 of 304

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

If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen. Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.

Application PL-ZNA-2022-0021 Permission to Enlarge Legal Non-conforming Use

Applicant: Timothy and Patricia Barry Agent: DM Structural Inc. Property: 547 West Devil Lake Lane Recommendation: Approval Page 29 of 304

• Pending public comment • Subject to conditions

Property Description • Rural designation • RLSW Zone • 0.8 acres • Developed with a dwelling • Devil Lake

Page 30 of 304

Proposal • Increase the height of a seasonal dwelling • This proposal is being applied for to repair, renovate and strengthen the roof of the seasonal dwelling to a safe condition. • The increase in roof pitch will provide a more structurally sound, resilient and durable roof • Retroactively seeking permission Page 31 of 304

• The roof has already been replaced

View of the proposed cottage from the lake Page 32 of 304

View of the proposed cottage

View of the proposed cottage from the lake

Page 33 of 304

View of the proposed cottage from the lane

Department, Agency and Public Comments • Building Services – No objections. • The applicants will need to submit a building permit.

• Cataraqui Conservation – No objections. • It is their opinion that because the dwelling is already existing, the proposal to increase the height will not restrict access to the floodplain or slope and will not further aggravate the existing situation relative to natural hazards. • They recommend that due to the close proximity of the development to the shoreline of Devil Lake, that roof run-off be directed away from the waterfront to protect the water quality of the lake Page 34 of 304

• Public Comments – none received.

Planning Analysis • The dwelling is a legal non-conforming building & is a permitted use • Use of the property is not changing • Increase in height is considered minimal • No addition of floor area or living space • Additional height will not aggravate the situation • is not anticipated to have any negative impacts on vegetation, water quality nor visual impacts than what currently exists • will not result in land use incompatibility

• Not anticipated to have any adverse impacts on the neighbouring properties • compatible with the established built form and character of the surrounding properties

• Development agreement as a condition to address roof run-off Page 35 of 304

Recommendation • It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve application PL-ZNA-2022-0021, subject to conditions. • Conditions: • The application is approved in accordance with plans submitted • Development Agreement (roof run-off) • Building permit is required for ALL construction on the property

Page 36 of 304

1. Questions of Clarification for Staff or Applicant 2. Public Questions or Comments 3. Committee Deliberation & Vote Page 37 of 304

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

If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen. Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.

Application PL-ZNA-2022-0025 Minor Variance

Applicant: Delan Jinapriya & Isabella Irrcher Agent: IBI Group Property: 4508 Red Maple Lane, District of Loughborough Recommendation: Approval Page 38 of 304

• Pending any comments received • Subject to conditions

Property Description • Rural Designation • RLSW Zone • 0.47 acres • Loughborough Lake • Developed with dwelling, garage & sewage system

Loughborough Lake

Page 39 of 304

Proposal Build a new single-detached dwelling on the same general footprint as existing New Dwelling will be: • Setback 23.7 metres from the Lake • 3.2 metres further than existing

• 8.7 metres high • Setback 6 metres from top of bank • Ground Floor Area: 1970 square feet Page 40 of 304

• Increase in lot coverage by 1.1% •

Increase of 22.1 square metres (238 square feet)

Proposal • Upgrade sewage system • Re-construct driveway and garage

Page 41 of 304

Page 42 of 304

View from the Lane & Behind the Garage

Page 43 of 304

View from the Water side

Department, Agency and Public Comments • Building Services – No objection. Sewage system has been designed to accommodate the proposed development. • Cataraqui Conservation – Deferral to address lot coverage. Note that the development is setback as far as possible from the lake. • Public Comments – No comments received

Page 44 of 304

Planning Analysis Variance meets four tests of a minor variance

1. Maintains the general intent and purpose of the Township of South Frontenac Official Plan
2. Maintains the general intent and purpose of Zoning By-law No. 2003-75
3. Is desirable for the appropriate development of the lands in question
4. Is minor Page 45 of 304

Recommendation • It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve application PL-ZNA-2022-0025, subject to the following conditions • The Minor Variance is for a single detached dwelling permitted to establish 23.7 metres setback from the lake and 6 metre setback from top of bank and have a maximum lot coverage of 9.5%. • Site Plan Control & Site Plan Agreement • Building permit is required for ALL construction on the property • Only applicable to Zoning By-Law No. 2003-75 and not to any subsequent zoning by-laws Page 46 of 304

1. Questions of Clarification for Staff or Applicant 2. Public Questions or Comments 3. Committee Deliberation & Vote Page 47 of 304

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

If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen. Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.

Application PL-ZNA-2022-0026 Permission to Enlarge Legal Non-conforming Use

Applicant: Steve Helyer and Mila Miguel Property: 3835 Hideaway Lane Recommendation: Approval • Pending public comment • Subject to conditions Page 48 of 304

Property Description • Rural designation • RLSW zone • 0.66 acres • Existing dwelling, garage, shed

Page 49 of 304

Proposal

Page 50 of 304

• Raise dwelling 1.2 metres (4 feet) to turn crawlspace into full basement for living space • Enclose 432 square foot area under waterside deck • Recognize garage addition (264 square foot carport)

Wetland

View of house and garage from lane side of property Page 51 of 304

Page 52 of 304

View from shoreline

Department, Agency and Public Comments • Building Services – the internal renovation plans were updated to ensure the existing sewage system will be sufficient • Public Services – did not meet criteria for circulation • Rideau Waterway Development Review Team – no objection • Public Comments – none received

Page 53 of 304

Planning Analysis • A dwelling and accessory garage are permitted uses in the RLSW zone • These existing buildings are legal non-conforming because they are less than 30 metres from the highwater mark • Dwelling • 16.5 metre setback from highwater mark maintained • No adverse visual impact from increasing height by 1.2 metres • No adverse impact from enclosing a 432 square foot area under the waterside deck • A staircase and portion of a deck would be removed.

• Garage • 264 square foot carport on garage constructed by a previous owner without approvals • 14.5 metre setback from highwater mark maintained • No adverse impact Page 54 of 304

• Appropriate to grant permission to enlarge the dwelling and garage

Recommendation • It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve application PL-ZNA-2022-0026, subject to conditions. • Conditions: • The application is approved in accordance with revised plans submitted • Building permit is required for ALL proposed construction on the property • A building permit shall be obtained for the carport that is attached to the garage Page 55 of 304

1. Questions of Clarification for Staff or Applicant 2. Public Questions or Comments 3. Committee Deliberation & Vote Page 56 of 304

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

If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen. Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.

Application PL-ZNA-2022-0027 Permission to Enlarge Legal Non-conforming Use

Owner: Estate of Bruce Taylor (c/o Kelly Di Cesare) Applicant: Kelly and Walter Di Cesare Property: 106 Sandpit Lane, District of Bedford Recommendation: Approval Page 57 of 304

• Pending any comments received • Subject to conditions

Property Description • OP Designation: Rural • RLSW Zone • 0.6 acres • Crow Lake • Developed with Dwelling, 2 sleeping cabins, an outhouse, a shed and sewage system

Crow Lake

Page 58 of 304

Proposal • Demolish a 64 square feet section of the deck and replace it with a 64 square feet extension of the existing enclosed porch. • Permission required to allow enlargement of gross floor area of the dwelling within 30 metres of the lake. • Setback 13 metres at its closest point Page 59 of 304

• Increase in height on the south side.

Page 60 of 304

View from the Lake

Page 61 of 304

View looking south

View looking north

Department, Agency and Public Comments • Rideau Valley Conservation Authority – No objection - the proposal will not encroach further into the setback and that it is not a significant change of use and will not negatively impact Crow Lake. Provided mitigation measures. • Public Comments – One comment received in support.

Page 62 of 304

Planning Analysis • The dwelling is a legal non-conforming building & permitted use • Use is not changing • Footprint of dwelling is not changing and is going no closer to the highwater mark of Crow Lake • Not anticipated to increase the nutrient loading associated with the septic system. • Development agreement will address roof run-off and revegetation • Not anticipated to have any adverse impacts on the neighbouring properties • Compatible with built form and character of surrounding properties • Buffering of trees surrounding the property

• Will not aggravate the situation Page 63 of 304

• is not anticipated to have any negative impacts on vegetation than what currently exists and will not result in land use incompatibility

Recommendation • It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve application PL-ZNA-2022-0027, subject to the following conditions • Permission is granted to enlarge the legal non-conforming dwelling on the subject property as per the drawings and application submitted • Development agreement • Planting Plan

• Building permit is required for ALL construction on the property Page 64 of 304

1. Questions of Clarification for Staff or Applicant 2. Public Questions or Comments 3. Committee Deliberation & Vote Page 65 of 304

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

If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen. Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.

Application PL-ZNA-2022-0028 Permission to Enlarge Legal Non-conforming Use

Applicant: Carole Pickett Property: 217-219 Garrett Road Recommendation: Approval • Pending public comment • Subject to conditions Page 66 of 304

Property Description

Page 67 of 304

• Rural designation • RU zone • 206 acres • Two dwellings, two sheds, two barns • Primary dwelling has 2,612 square feet gross floor area • Secondary dwelling has 1,408 square feet gross floor area

Proposal • 300 square foot addition on secondary dwelling • Accessible, main floor bedroom

Wetland Page 68 of 304

View of houses from road and end of driveway Page 69 of 304

Page 70 of 304

Addition would be in location of deck

Department, Agency and Public Comments • Building Services – the existing sewage system will be reviewed as part of building permit application process • Public Services – no comment • Rideau Valley Conservation Authority – no objection • Public Comments – none received

Page 71 of 304

Planning Analysis • RU zone permits one dwelling per property • The two dwellings are more than 100 years old • The secondary dwelling is legal non-conforming • Addition would make the dwelling more physically accessible • Adequate water and sewage disposal systems • More than 55 metres from road and visually screened • More than 90 metres from wetland • Appropriate to grant permission to enlarge the secondary dwelling Page 72 of 304

Recommendation • It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve application PL-ZNA-2022-0028, subject to conditions. • Conditions: • The application is approved in accordance with the plans submitted • Building permit is required for ALL proposed construction on the property

Page 73 of 304

1. Questions of Clarification for Staff or Applicant 2. Public Questions or Comments 3. Committee Deliberation & Vote Page 74 of 304

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

If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen. Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.

Application PL-ZNA-2022-0033 Minor Variance

Applicant: Robin Gagne Property: 2926 Forest Road, District of Loughborough Recommendation: Approval • Pending any comments received • Subject to conditions Page 75 of 304

Property Description • OP Designation: Rural • Rural Zone • 2.09 acres • Developed with dwelling, garage, shed and sewage system

Page 76 of 304

Proposal Locate detached garage in front yard Garage will be: • 24 feet x 24 feet • 4.5 metres high • Located 19.5 metres from Forest Road off existing driveway

Page 77 of 304

Permission is also requested to allow existing shed to be in the front yard

Page 78 of 304

View from the Road

Page 79 of 304

View from the road

Department, Agency and Public Comments • This application did not meet the criteria for circulation to any departments nor agencies. • No comments have been received from the public.

Page 80 of 304

Planning Analysis Variance meets four tests of a minor variance

1. Maintains the general intent and purpose of the Township of South Frontenac Official Plan
2. Maintains the general intent and purpose of Zoning By-law No. 2003-75
3. Is desirable for the appropriate development of the lands in question
4. Is minor Page 81 of 304

Recommendation • It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve application PL-ZNA-2022-0033, subject to the following conditions • The Minor Variance is to permit a detached garage and a shed to be located in the front yard. Detached garage is permitted to be 19 metres from Forest Road and the shed is permitted to be 20 metres from Forest Road as per drawings submitted. • Building permit is required for ALL construction on the property • Only applicable to Zoning By-Law No. 2003-75 and not to any subsequent zoning by-laws Page 82 of 304

1. Questions of Clarification for Staff or Applicant 2. Public Questions or Comments 3. Committee Deliberation & Vote Page 83 of 304

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

If you would like to speak: • Use “Raise Hand” feature at the bottom of your screen. Dial*9 (star nine) for phone. • Please wait to speak until you hear your name and your microphone has been unmuted.

Consent Granting Authority New Lot Creation (11)

 S-51-21-P Allan  S-65-21 Prikker  S-78-21-S Moreland  S-82-21-L, S-83-21-L & S-84-21-L Murphy  S-85-21-L Nature Conservancy of Canada  S-87-21-S & S-88-21-S Blake & Williams  S-93-21-L Bachelder  PL-2022-0017 Platenius

Lot Addition & Right of Way (6)

 S-86-21-L Nature Conservancy of Canada  S-91-21-B Thomas  S-94-21-P Allan  S-95-21-P Dixon & Allan  PL-2022-0004 Swarthout & Metcalfe  PL-2022-0016 Vandenberg

Page 84 of 304

Conclusion/Adjournment Committee of Adjustment Meeting

Page 85 of 304

Page 86 of 304

provided

,

.

‘

Planning Fee:

$959.00 $1,316.00 $2,010.00 J

J

TOTAL: $1,056.00 $1,413.00 $2,107.00

Building Admin Fee: $97.00 $97.00 $97.00

$46300 $72000 $1’183'0O

$420.00

Township of South Frontenac Minor Variance Only Minor Variance W/THPerformance Review Minor Variance in combination with a new Class 2, 3, 4, or 5 sewage system other than a Class A system

Cataraqui Region ConservationAuthority

’

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

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

I

1. It is required that one (1) copy of this application be filed . CommitteeofAdjustment, together with the SKETCH referred to in Note 3 o .’ I

   ,
   -.
   :
   :
   by a NON-REFUNDABLE
   FEE in accordance with the chart below in cash, debit or by
   cheque
   made payable to the Township of South Frontenac.

-.

W

the Committee is of the opinion

bRiE<b .

Is desirable for the appropriate development or use of the la Maintains the general intent and purpose of the Official Plan. Maintains the general intent and purpose of the Zoning Byis minor in nature

Application Requirements

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o

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

TOWNSHIPOF SOUTH FRONTENAC APPLICATIONFOR MINORVARIANCEOR PERMISSION Updated January, 2021

Page 87 of 304

Personal information requested herein is required under the Planning Act, 1990 as amended. This informationwillbe used by the Committee of Adjustment/Land Division Committee for the purpose of reviewing the above referenced application, and may be made available to those boards, Commissions, Authorities, Agencies and Persons having an interest in this matter. Any questions regarding the collection of this information should be directed to the Secretary Treasurer of the Committee of Adjustment (P.O. Box 100, Sydenham, Ont., KOH2T0, Phone 376-3027 ext.2224).

. Collection of Personal Information

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

3. PLEASE READ THIS ITEMCAREFULLY

TOWNSHIPOF SOUTH FRONTENACAPPLICATION FOR MINORVARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Page 88 of 304

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File No:

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District:

Bedford

The description of the subject land:

Signature(s) of Owner(s)

Portland

ELL/oughborough

D Storrington

Agent as named above is hereby authorized to act on behalf of the owners for purposes of processing this application for Minor Variance.

Email Address of Authorized Agent: __

Phone number of Authorized Agent:

Full Mailing Address of Authorized Agent: _

Name of Authorized 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, must accompany the application.

Email Address of Owner(s): _

Phone number of Owner(s):

\l

Full Mailing Address of Owner(s):

Name of Owner(s):

Date Received:

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

Page 89 of 304

_

Email Address of Owner(s):

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Roll Number:

Lot Number:

Part Number(s):

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Name of Road/Street:

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Reference Plan Number:

Street Number:

351

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Concession Number:

District:

The description of the subject land:

process”

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ElStorrington

behalf of the owners for purposes of Agent as named above is hereby authorized to act on .

.. ..

Email Address of Authorized Agent: _

Phone number of Authorized Agent:

\

Full Mailing Address of Authorized Agent:

Name of Authorized 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, must accompany the application.

_

‘ Phone number of Owner(s):

. ?ag. ,

5:, @gu.%

Full Mailing Address of Owner(s): _

Name of Owner(s):

Date Received:

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

Page 90 of 304

Area:

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What are the existing uses of the subject land?

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

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Name of Road/Lane:

Yes

,

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

8. Does the subject property front on a municipally maintained road? OR a privately maintained road? No ]])¢es

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Frontage (on road/lane):

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

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The current zoning of the subject land:

Depth:

Frontage (on water):

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

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

Page 91 of 304

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13.The proposed uses of the subject land:

Setback from High Water Mark (If applicable)

Dimensions of Floor Area

(Also indicate if it is one story or two story)

Height of Building

Setback from Side Lot Line

Setback from Rear Lot Line

Setback from Front Lot Line

Type of Structure (E.g. residence)

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Al.I:/UIn/é

(3)

12. Ifthe answer to item 11 is yes, for EACH building or structure indicate: (4)

TOWNSHIPOF SOUTH FRONTENACAPPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Page 92 of 304

NOTES:

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

Setback from High Water Mark (If applicable)

Building/Structure

Outside Dimensions of

(Also indicate if it is one story or two story)

Height of Building

Setback from Side Lot Line

Setback from Rear Lot Line

Setback from Front Lot Line

Type of Structure (E.g. residence)

15. Ifthe answer to item 14 is yes, for each proposed addition, building or structure indicate:

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

Page 93 of 304

Increase in number of bedrooms

Increase in plumbing fixtures

Increase in living space

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

(a)

(b)

(c)

(d)

What are the uses of the proposed development?

If yes, please provide details:

Do your plans include the RAISING of an existing structure?

‘

“.‘

Yes

Yes

Yes

Yes

BN0

12/No

D’No

[M40

Yes

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l‘:H(o

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

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

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

‘:20: \

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

Vb

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

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

Page 94 of 304

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

ii)

The approximate location of all natural and artificial features on the subject land and on the land that is adjacent to the subject land. Examples include buildings, railways, roads, watercourses, drainage ditches, river or stream banks, barns, wetlands, wooded areas, wells and septic tanks. Show distance of these features from the applicant’s property lines.

The location of all abutting (neighbours’) lands.

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

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

i)

A SKETCH must be submitted showing the following:

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

as

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

Yes

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

me

Yes

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

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

Page 95 of 304

The Owner/Applicant/Agent further agrees that, until such requests have been complied with, the municipality will have no continuing obligation to process the application or attend or be represented at the Ontario Municipal Board or any court or other administrative proceeding in connection with the application:

The Owner/Applicant/Agent further agrees to provide the municipality, upon request and in cases where an application has been appealed to the Ontario Municipal Board, with a deposit (over and above the normal application fee), from which the municipality may, from time to time charge any fees and expenses incurred by the municipality in order to process the application. If such appeal expenses exceed the deposit, the Owner/Applicant shall pay the difference forthwith upon being billed by the municipality, with interest at the rate of 1.25% per month (15% per annum) on accounts overdue more than 30 days,

Without limiting the foregoing, such fees and expenses shall include the fees and expenses of consultants, planners, engineers, lawyers and such other professional and technical advisors as the municipalitymay, in its absolute discretion acting reasonably, consider necessary or advisable to more properly process and support the application.

The Owner/Applicant/Agent agrees to reimburse and indemnify the municipality for all fees and expenses incurred by the municipality to process the application, including any fees and expenses attributable to proceedings before the Ontario Municipal Board or any court or other administrative tribunal if necessary to defend Council’s decision to support the application.

The Owner/Applicant/Agent agrees that the information recorded in this Minor Variance Application Form is accurate. The Owner/Applicant/Agent agrees that representatives of the Township and, where applicable, the appropriate Conservation Authority, may enter onto the subject property for the purpose of determining the appropriateness of the site for the proposed development.

Attached to this application is a cheque payable to the Township of South Frontenac representing payment of the application fee.

AGREEMENT TO INDEMNIFY

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

Page 96 of 304

7. Reason why you can’t comply: In other words, why can you not meet the required setbacks. It

—

Nature and Extent of Relief: This question is asking what you are asking to do that requires the variance for example, it could be that you are asking to be 25 m rather than 30 m from the high water mark, or that you are asking to increase the height of a structure within 30 m of the high water mark, or that you are seeking a variance to construct an accessory building closer to the front lot line than the principal building.

Current zoning: You may not be aware of the zoning on your property and this can be determined when you come in for pre-consultation with planning staff.

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

—

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

2. You may wish to appoint someone to act on your behalf during the variance process. If so, that person’s name, address and phone number should appear here All owner’s must sign the authorization.

3. The names of all owners must appear in this section, even if they live in separate residences, and the address(es) should be the full mailing address, complete with postal code.

A Guide to Completing the Minor Variance Form

TOWNSHIPOF SOUTH FRONTENACAPPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Page 97 of 304

your property by

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

—

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

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

16. Demolition: All demolition requires a permit from the building department. In some instances, a proposed addition or increase in height cannot be accomplished without the removal of existing walls. If this is not made clear to the Committee at the beginning of the process, you may find that, although you are granted permission to add on to your residence, you can’t actually do it because you have not made it clear that there is demolition involved.

17. Description of new construction: ALL proposed new development must be described here. If you are proposing to construct an addition to a dwelling, and to add a deck, please show this information in separate columns.

—

14. Proposed structures: If you are planning to build ANYTHING on the property, the answer to this question is “yes” This includes additions, decks, garages, septic systems.

15. Proposed Uses: Generally, the answer to this question will be the sameas the answer to #10, but if, for example, the land is currently vacant, and you are planning to construct a dwelling, then the use to be described in section 10 would be “vacant recreational land”, and the use described in section 13 would be “residential"

16. Description of buildings and structures: You must complete all sections of this question for each structure on your property. If there is a deck on your dwelling, please describe it separately from the residence.

17. Buildings: If there are ANY buildings or structures on the property now, the answer to this question is “yes”.

18. Existing Uses: e.g. residential, retail business, vacant recreational land

19. Parking and Docking: This question is only relevant is you can onlyaccess water.

TOWNSHIPOF SOUTH FRONTENACAPPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Page 98 of 304

—

30. Agreement to lndemnify: Must be signed in front of a commissioner of oaths you may have this done before submitting the application, or sign the application in front of staff who can sign as commissioners. All owners must sign the application, or it can be signed by an agent if one has been appointed.

31. SKETCH: We cannot stress enough the importance of a detailed, accurate, and complete sketch. You do not necessarily need to contract with a professional to draw the sketch, but sketches that are not drawn to scale, do not show dimensions and distances, or are not drawn neatly (PLEASE USE A RULER), will not be accepted.

32. If yes: If there has been a previous variance granted on the property, please indicate the application number if known, and what the details of the variance were.

33. Minor variance: Has there ever been a minor variance granted on the property? If you are long-time owner of the property, you will probably be aware of any other special permission granted for a variance to the zoning by-law. If you are a new owner, the seller willprobably have made you aware of this.

34. If yes: If there is a current application for severance or subdivision on the property, please indicate the file number. (Staff can help provide this information)

35. Application for consent: is there currently an application for consent (severance) being proposed for the property?

36. Drainage: Are there specific ditches that have been constructed to deal with drainage; is there natural drainage, etc.?

37. Septic: in most cases the answer will be private sewage system, but there may be some privies.

TOWNSHIPOF SOUTH FRONTENACAPPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

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MV-51-21-L (MCKAY) (SNELGROVE) 82 LABELLE LAKE LANE Legend

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Subject Property Provincially Significant Wetlands Wetland Wooded Area

Big Clear Lake

82 LABELLE LAKE LANE

Lake Trout Lake - At Capacity

Lake Trout Lake - Not at Capacity

Non-Lake Trout Lake - At Capacity Water Parcel Fabric Road Railway

LELE LANE

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Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2020.

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Page 103 of 304

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

LELE LANE

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Scale 1:2,000

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UTM Zone 18 NAD 83

Date: 2021-11-12

April 8, 2022

File:MV/FRS/400/2021

Sent by E-mail Ms. Michelle Hannah, Planning Assistant Township of South Frontenac P.O. Box 100 Sydenham, ON K0H 2T0

Dear Ms. Hannah: Re:

Application for Minor Variance MV-51-21-L (McKay / Snelgrove) Lot 23, Concession 14; Roll Number 102904004023160 Loughborough District, Township of South Frontenac Waterbody: Unevaluated Wetland

Cataraqui Conservation staff have reviewed the above-noted application for minor variance and provide the following comments for the Committee of Adjustment’s consideration. The property was visited by staff on April 8, 2022. Summary of the Proposal The proposal involves the construction of a deck on the subject property. The variance is requested to: • Reduce the required setback from the highwater mark (wetland) from 30 metres, as required by Section 5.8.2.a) of the South Frontenac Zoning By-law, to 26.5 metres in order to permit the construction of a deck. The deck is proposed to be built on the southern end of an existing structure. Site Description The property is located on the east side of Labelle Lake Lane, north of Big Clear Lake and south of Labelle Lake. The topography of the property can be described as being a high ridge of land that rises up quickly on both sides of a plateau table land area where the existing dwelling is located. The property is designated ‘Rural’ in the Official Plan and zoned ‘Limited Service Residential – Waterfront Zone’ (RLSW) in the implementing Zoning By-law. Big Clear Lake is designated as a moderately sensitive Lake Trout Lake in the Official Plan.

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

Page 104 of 304

Ms. Hannah (MV-51-21-L) April 8, 2022 Discussion The main interests of Cataraqui Conservation with respect to this application are the protection of the unevaluated wetland natural heritage feature and its water quality. Natural Heritage / Water Quality Section 2.2 of the Provincial Policy Statement (PPS) suggests that planning authorities should seek to protect, improve or restore the quality and quantity of water. Accordingly, the Official Plan and Zoning By-law for the Township of South Frontenac provide guidance with respect to how development should occur in consideration of protecting, improving and restoring water quality within the municipality. Similarly, Cataraqui Conservation’s Environmental Planning Policy (EPP, 2021) contains provisions that seek to support these objectives. Section 5.2.7 b)(i) of the Official Plan for South Frontenac Township suggests that a 30 metre setback from the high water mark is required to be maintained as a buffer in order to protect water quality. Similarly, Cataraqui Conservation’s Environmental Planning Policy recommends that new development and site alteration within 30 metres of a wetland should not generally be supported. However, Section 5.2.6 of the EPP suggests that a reduction in the 30 metre setback may be supported provided that there will be no negative impacts on the wetland or its ecological and hydrologic function, and the proposed development is in accordance with applicable requirements under Ontario Regulation 148/06. In this instance, the encroachment into the setback is minor (3.5 metres) and, in the opinion of staff, there will be no negative impacts to the ecological or hydrologic function of the wetland. Additionally, the development can be supported under Section 9.4.2.1 10) of the Guidelines for Implementing Ontario Regulation 148/06 which states that minor encroachments into the 30 metre wetland setback may be permitted provided that there is minimal disturbance to the soil mantle and existing vegetation and that the ecological and hydrologic function of the wetland is maintained. Recommendation Staff have no objection to the approval of application MV-51-21-L based on our consideration for natural hazards, natural heritage, and water quality and quantity protection policies. Ontario Regulation 148/06 Please note that a portion of the property is subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, which is administered by Cataraqui Conservation. The purpose of the 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, and to protect wetlands. Since the proposed development will be within 30 metres of an Page 2 of 3 Page 105 of 304

Ms. Hannah (MV-51-21-L) April 8, 2022 unevaluated wetland feature, a Cataraqui Conservation permit is required prior to development taking place. Please inform this office of any decision made by the Committee with regard to this application. If you have any questions, please contact the undersigned at 613-546-4228 ext. 244, or by e-mail at aschmidt@crca.ca Yours truly,

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

Christine Woods, Senior Planner, South Frontenac Township (via e-mail)

Page 3 of 3 Page 106 of 304

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: April 14, 2022 Minor Variance Application (S. 45(1) of Planning Act) Subject: MV-51-21-L, Doug and Romey McKay, 82 Labelle Lake Lane, Loughborough District

Summary This report recommends that the Committee of Adjustment grant approval of this application for zoning relief for the addition of a deck to a single detached dwelling, subject to conditions, as this application meets the four tests of a minor variance outlined in section 45(1) of the Planning Act.

Background Previous Public Hearing The Committee of Adjustment first heard this application on December 9, 2021. The Committee deferred making a decision on this application to provide time for agencies to review the proposal and to provide comment, and for Planning staff to consider those comments in making a recommendation to the Committee. Official Plan Designation: Rural Zoning: Limited Service Residential – Waterfront – Special Provision (RLSW-81). The RLSW-81 zone requires the lot to have a minimum 213 metres of water frontage. Zoning Relief Requested Sections 5.8.2(a) and 10.3.1 Highwater Mark – to permit a deck attached to a single detached dwelling to be set back a minimum of 26 metres from the highwater mark of a wetland connected to Big Clear Lake, whereas a minimum 30 metre setback is required for all buildings and structures. Related Applications The lands are not subject to any additional applications under the Planning Act.

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

Page 107 of 304

Township of South Frontenac Staff Report - MV-51-21-L, Doug and Romey McKay, 82 Labelle Lake Lane, Loughborough District

Discussion Property Description The 3.7 hectare property on Big Clear Lake is accessed from Labelle Lake Lane, which is off a series of private lanes from Frye Road. The lands consist of two high bedrock ridges that run parallel to the lake. The valley between the ridges contains a long, linear wetland that is connected to the lake at the north end of the property. The property abuts an unopened road allowance to the north. The lands north of the road allowance are part of Frontenac Provincial Park. The north end of the property is developed with a single detached dwelling. The 196 square metre dwelling is setback 31.6 metres from the highwater mark of the wetland. It is more than 20 metres from the road allowance. The dwelling was constructed over a bedrock ridge such that the centre of the dwelling is at grade on top of the ridge and the ends of the dwelling are elevated on either side of the ridge. Summary of Proposal The 2020 building permit for the dwelling included approximately 150 square metres of attached decking. This approved decking would have been setback a minimum of 30.1 metres from the wetland. The majority of the approved decking, which was intended to provide access to the centre access points of the dwelling, was not constructed because it was no longer needed due to the final grades around the dwelling. A 16.5 square metre (1.5 metre by 11 metre) portion of the decking was approved, through the building permit, to be constructed on the waterside of the single detached dwelling and setback a minimum of 30.1 metres from the wetland. The applicant now proposes to construct a 55 square metre (5 metre by 11 metre) deck on the waterside of the single detached dwelling. An application for minor variance was received to permit a 55 square metre deck that would be attached to the dwelling, to be setback a minimum of 26 metres from the highwater mark of the wetland. Agency Comments Cataraqui Conservation indicated in a letter dated April 8, 2022, that they have no objection to the approval of this application. They consider the proposed encroachment into the highwater mark setback to be minor, and do not foresee there will be negative impacts to the ecological or hydrologic function of the wetland. The subject property is in an area regulated by Cataraqui Conservation under O. Reg. 148/06. A permit under this regulation would be required for the proposed deck.

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

Page 108 of 304

Township of South Frontenac Staff Report - MV-51-21-L, Doug and Romey McKay, 82 Labelle Lake Lane, Loughborough District

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 subject lands are designated ‘Rural’ in the Official Plan on Schedule A. The type and amount of development on ‘Rural’ lands must maintain the rural character, natural heritage, and cultural landscape in the Township. The proposed deck would be connected to the permitted residential use of the property. Section 5.2.7(b) of the Official Plan requires buildings and structures to be setback a minimum of 30 metres from the highwater mark of lakes and rivers. Vegetation within this area should be disturbed as little as possible and the soil mantle is also not to be altered. The purpose of these measures is to minimize environmental and visual lake impacts by reducing phosphorus inputs, preventing erosion and by maintaining a natural appearance of shorelines. Section 5.7.7(ii)(e) requires limited service residential development to be designed to preserve as much as possible a site’s physical attributes, such as tree coverage, varying topography, scenic views, etc. for the benefit of future residents. The subject property was created subsequent to the approval of the Official Plan. As such, the dwelling was setback a minimum of 31.6 metres from the wetland that is connected to Big Clear Lake. The dwelling is located on a ridge more than 50 metres from the lake itself, and is visually screened from the lake by elevation, a second ridge, and an extensive natural vegetated/treed buffer. The dwelling is similarly screened from Labelle Lake to the west. The proposed deck, setback a minimum of 26 metres from the highwater mark of the wetland, would also be visually screened by the same physical features. The encroaching section of the deck would be a modest projection. It is the opinion of Township staff that the proposed variances maintain the general intent and purpose of the Official Plan, specifically the policies on limited service residential development, and development within environmentally sensitive areas.

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

Page 109 of 304

Township of South Frontenac Staff Report - MV-51-21-L, Doug and Romey McKay, 82 Labelle Lake Lane, Loughborough District

Does the variance maintain the general intent and purpose of the Zoning By-law? The proposed variance maintains the general intent and purpose of the Zoning By-law as the proposed attached deck is a permitted use on the subject property, is within the maximum lot coverage permitted, and the proposed location complies with the setback requirements of the RLSW zone, with the exception of the reduced setback from the high water mark. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The variance is desirable for the appropriate development or use of the dwelling as it would facilitate a modest sized deck off a portion of the dwelling where there is a significant difference in elevation between the existing doors on that side of the building and the ground. Is the variance minor? The requested variance is minor as it maintains the general intent and purpose of the Official Plan and Zoning By-law, and is desirable for the appropriate development or use of the dwelling. The variance is not anticipated to cause adverse environmental or visual impact as the deck would be visually screened from the lake by distance, elevation, a second ridge, and an extensive natural vegetated/treed buffer. Nor would there be visual impact on neighbouring properties as the nearest residence is on the opposite side of the dwelling, at a lower elevation to the west. The deck would be designed to minimize impact on the environment (e.g. post supported, open underneath).

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 December 2021 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 posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies

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

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Township of South Frontenac Staff Report - MV-51-21-L, Doug and Romey McKay, 82 Labelle Lake Lane, Loughborough District

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application MV-51-21-L for the property at 82 Labelle Lake Lane, subject to the following conditions.

1. The minor variance is to permit a 55 square metre (5 metre by 11 metre) deck that would be attached to the single detached dwelling to be setback a minimum of 26 metres from the highwater mark of the wetland on the subject property, consistent with drawings submitted at the time of application.
2. 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.
3. Minor variance MV-51-21-L is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Report Prepared By: Christine Woods, MCIP RPP, Senior Planner Reviewed By: Claire Dodds, MCIP, RPP, Director of Development Services

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

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TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE OR PERMISSION

Updated January, 2021 The Committee of Adjustment is a Committee of eight persons appointed by Township Council. The Committee is formed under Section 45 of the Planning Act R.S.O. 1990, Chapter P.13, to authorize a minor variance from a zoning by-law. The Committee may vary Zoning By-law provisions provided the Committee is of the opinion that the variance:    

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

Application Requirements

1. It is required that one (1) copy of this application be filed with the Secretary-Treasurer of the Committee of Adjustment, together with the SKETCH referred to in Note 3 (below), accompanied by a NON-REFUNDABLE FEE in accordance with the chart below in cash, debit or by cheque made payable to the Township of South Frontenac. Application Type: 1-3 Variances 4+ Variances After building without a permit

Planning Fee: $959.00 $1,316.00 $2,010.00

Building Admin Fee: $97.00 $97.00 $97.00

TOTAL: $1,056.00 $1,413.00 $2,107.00

2. It is required that a Fee be provided for the Township to review onsite sewage disposal and Conservation Authority (where applicable) when submitting an application (Separate cheques, payable to the applicable Conservation Authority, are to be submitted to the Township with the completed application). Township of South Frontenac Minor Variance Only Minor Variance WITH Performance Review Minor Variance in combination with a new Class 2, 3, 4, or 5 sewage system other than a Class A system

$463.00 $720.00 $1,183.00

Cataraqui Region Conservation Authority

$420.00

Quinte Conservation Authority

$344.00

Rideau Valley Conservation Authority

$390.00

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

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

3. PLEASE READ THIS ITEM CAREFULLY Each applicant shall provide a sketch showing the dimensions of the subject land and of all abutting lands as outlined in Question 29 of the application. The sketch should be accurately dimensioned and scaled in either Imperial or Metric measures. This sketch, in conjunction with the Application Form, is the basis for the analysis of the Minor Variance Application by the Committee of Adjustment. It is strongly recommended that the applicant spend the necessary time to carefully and thoroughly assemble the data and transfer the data to the sketch. It is important that the sketch be drawn with accurate dimensions and measurements. Any application which does not include the above required information may not be accepted. In this regard, the applicant may wish to secure the assistance of a person who specializes in the drafting of such sketches. A guide to answering the application questions is attached.
4. Collection of Personal Information Personal information requested herein is required under the Planning Act, 1990 as amended. This information will be used by the Committee of Adjustment/Land Division Committee for the purpose of reviewing the above referenced application, and may be made available to those boards, Commissions, Authorities, Agencies and Persons having an interest in this matter. Any questions regarding the collection of this information should be directed to the Secretary Treasurer of the Committee of Adjustment (P.O. Box 100, Sydenham, Ont., K0H 2T0, Phone 376-3027 ext.2224).

Date Received: _________________________

File No: _________________________ 2

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

Margaret and Jay Wirsig Name of Owner(s): _____________________________________________________________ Full Mailing Address of Owner(s):

Phone number of Owner(s): _

Email Address of Owner(s):

If the applicant is NOT the owner of the subject land, the written authorization of the owner that the applicant is authorized to make the application, must accompany the application.

Dave Nanton of Fotenn Planning & Design Name of Authorized Agent: ______________________________________________________ Full Mailing Address of Authorized Agent:

Phone number of Authorized Agent:

Email Address of Authorized Agent: _

Agent as named above is hereby authorized to act on behalf of the owners for purposes of processing this application for Minor Variance.

Signature(s) of Owner(s)

The description of the subject land: District:

 Bedford

 Portland

x Loughborough

 Storrington

12 22 and 23 Concession Number: _____________________ Lot Number: _____________________

92 Kismet Lane Street Number: _________________ Name of Road/Street: ___________________________ Reference Plan Number: ______________________ Part Number(s): ____________________

102904004003200 Roll Number: _________________________________________________________________

The frontage(s), depth and area of the subject land. 3

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

79 m Frontage (on water):__________________

220 m +/- (broken) Frontage (on road/lane): ___________________

480 m (irregular) Depth: ___________________________

7.6 hectares (18.8 acres) Area: _______________________________

The current zoning of the subject land:

Rural (RU)

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

See report.

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

See report.

8. Does the subject property front on a municipally maintained road? x Yes OR a privately maintained road?   No

x Yes 

 No

Name of Road/Lane:

Frontage on Perth Road - accessed from Kismet Lane (private lane)

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

What are the existing uses of the subject land?

Residential with accessory structures seeking permission for a home industry.

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

x Yes 

 No

12. If the answer to item 11 is yes, for EACH building or structure indicate: 4

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

(1) Type of Structure (E.g. residence)

(2)

Cabin

(3)

(4)

Bunkie

Garage

Setback from Front Lot Line

400 m +/-

380 m +/-

390 m +/-

Setback from Rear Lot Line

72 m

70 m

88 m

Setback from Side Lot Line

11 m and 13 m

38 m

35 m

Height of Building

< 6m 1 story

< 6m 1 story

< 6m 1 story

Dimensions of Floor Area

816 sf

100 sf

1,375 sf

Setback from High Water Mark (If applicable)

72 m

70 m

88 m

(Also indicate if it is one story or two story)

13. The proposed uses of the subject land:

Residential (primary) with home industry in accessory structure

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

x Yes 

 No

15. If the answer to item 14 is yes, for each proposed addition, building or structure indicate: 5

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

(1)

(2)

Type of Structure (E.g. residence)

Single detached dwelling

Setback from Front Lot Line

440 m +/=

Setback from Rear Lot Line

31 m

Setback from Side Lot Line

19 m

Height of Building (Also indicate if it is one story or two story)

(3)

(4)

< 6m 1 story

Outside Dimensions of Building/Structure

3,432 sf

Setback from High Water Mark (If applicable)

31 m

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

Do your plans include any DEMOLITION of existing structures?

 Yes

x No 

If yes, please provide details:

Do your plans include the RAISING of an existing structure?

 Yes

x No 

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

If yes, please provide details:

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

Increase in number of bedrooms

x Yes 

 No

(b)

Increase in plumbing fixtures

x Yes 

 No

(c)

Increase in living space

x Yes 

 No

(d)

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

 Yes

x No 

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

June 12, 2007

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

Cabin 2006, Garage 2012, Bunkie 2013

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

Since 2007 (9-14+ years)

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

Site is servied by a private well.

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

Privately owned individual septic system.

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

Storm drainage is provided by natural topography on property.

25. Please indicate whether the subject land is subject of an application under the Planning Act for approval of a Plan of Subdivision or Consent. 7

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

 Yes

x No

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

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

x No 

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

29. A SKETCH must be submitted showing the following: i)

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

ii)

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

iii)

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

iv)

The location of all abutting (neighbours’) lands.

v)

The approximate location of all natural and artificial features on the subject land and on the land that is adjacent to the subject land. Examples include buildings, railways, roads, watercourses, drainage ditches, river or stream banks, barns, wetlands, wooded areas, wells and septic tanks. Show distance of these features from the applicant’s property lines.

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

AGREEMENT TO INDEMNIFY

8

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TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended Attached to this application is a cheque payable to the Township of South Frontenac representing payment of the application fee. The Owner/Applicant/Agent agrees that the information recorded in this Minor Variance Application Form is accurate. The Owner/Applicant/Agent agrees that representatives of the Township and, where applicable, the appropriate Conservation Authority, may enter onto the subject property for the purpose of determining the appropriateness of the site for the proposed development. The Owner/Applicant/Agent agrees to reimburse and indemnify the municipality for all fees and expenses incurred by the municipality to process the application, including any fees and expenses attributable to proceedings before the Ontario Municipal Board or any court or other administrative tribunal if necessary to defend Council’s decision to support the application. Without limiting the foregoing, such fees and expenses shall include the fees and expenses of consultants, planners, engineers, lawyers and such other professional and technical advisors as the municipality may, in its absolute discretion acting reasonably, consider necessary or advisable to more properly process and support the application. The Owner/Applicant/Agent further agrees to provide the municipality, upon request and in cases where an application has been appealed to the Ontario Municipal Board, with a deposit (over and above the normal application fee), from which the municipality may, from time to time charge any fees and expenses incurred by the municipality in order to process the application. If such appeal expenses exceed the deposit, the Owner/Applicant shall pay the difference forthwith upon being billed by the municipality, with interest at the rate of 1.25% per month (15% per annum) on accounts overdue more than 30 days, The Owner/Applicant/Agent further agrees that, until such requests have been complied with, the municipality will have no continuing obligation to process the application or attend or be represented at the Ontario Municipal Board or any court or other administrative proceeding in connection with the application: DATED AT THE TOWNSHIP OF SOUTH FRONTENAC THIS DAY OF______________________, 20________ I, _________________________________________ OF __________________________________ solemnly declare that all the statements contained in this application are true and I make this solemn

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

1. The names of all owners must appear in this section, even if they live in separate residences, and the address(es) should be the full mailing address, complete with postal code.
2. You may wish to appoint someone to act on your behalf during the variance process. If so, that person’s name, address and phone number should appear here All owner’s must sign the authorization.
3. Description of the Subject Land: a. District: The Districts are the same as the former Townships. If you are not sure, check the roll number (the long number beginning with 1029) on your tax bill. If the numbers are 010, 020 or 030, your district is Bedford; if the numbers are 040-050, your district is Loughborough; if the numbers are 060 or 070, your district is Storrington; and if the numbers are 080, your district is Portland. b. Concession and Lot Numbers: if you are not sure, check your tax bill c. Street Number: Your civic address – if a civic number has not been assigned, leave this space blank. d. Name of Road/Street: This question applies whether or not you are on a private lane or a public road. e. Reference Plan No: If your property has been surveyed, it will have a plan number, and one or more parts on that plan. If your property has not been surveyed, leave this space blank. f. Roll No: This is the number beginning with ‘1029’ which appears on your tax bill. Please take time to look it up before submitting the application.
4. Frontage, depth, area, acres: All parts of this question must be completed.
5. Current zoning: You may not be aware of the zoning on your property and this can be determined when you come in for pre-consultation with planning staff.
6. Nature and Extent of Relief: This question is asking what you are asking to do that requires the variance – for example, it could be that you are asking to be 25 m rather than 30 m from the high water mark, or that you are asking to increase the height of a structure within 30 m of the high water mark, or that you are seeking a variance to construct an accessory building closer to the front lot line than the principal building.
7. Reason why you can’t comply: In other words, why can you not meet the required setbacks. It could be, for example, because you are seeking a variance to add on to an existing structure that is already too close to the water, or that developing further from the water would be impossible because of a steep embankment.
8. Roads: Municipally maintained roads are looked after by the Township; private roads are lanes that residents maintain themselves (not private driveways, but lanes that provide access to your property and that are generally shared with others).
9. Parking and Docking: This question is only relevant is you can only access your property by water. 10

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

10. Existing Uses: e.g. residential, retail business, vacant recreational land
11. Buildings: If there are ANY buildings or structures on the property now, the answer to this question is “yes”.
12. Description of buildings and structures: You must complete all sections of this question for each structure on your property. If there is a deck on your dwelling, please describe it separately from the residence.
13. Proposed Uses: Generally, the answer to this question will be the same as the answer to #10, but if, for example, the land is currently vacant, and you are planning to construct a dwelling, then the use to be described in section 10 would be “vacant recreational land”, and the use described in section 13 would be “residential”
14. Proposed structures: If you are planning to build ANYTHING on the property, the answer to this question is “yes” – This includes additions, decks, garages, septic systems.
15. Description of new construction: ALL proposed new development must be described here. If you are proposing to construct an addition to a dwelling, and to add a deck, please show this information in separate columns.
16. Demolition: All demolition requires a permit from the building department. In some instances, a proposed addition or increase in height cannot be accomplished without the removal of existing walls. If this is not made clear to the Committee at the beginning of the process, you may find that, although you are granted permission to add on to your residence, you can’t actually do it because you have not made it clear that there is demolition involved.
17. Raising of Structure: In other words, are you proposing to raise the building in order to construct a basement under it.
18. Uses of Development: Please answer each part of this question. An increase in living space would include anything with walls – e.g. a screened porch would involve an increase in living space.
19. Date land acquired: When did you take possession of the property?
20. Date of existing buildings: If you are not sure, provide your best estimate.
21. Length of existing uses: For example, has the land been used for residential purposes for 30 years, or 18 months?
22. Water supply: in most cases the answer will be private well, but some waterfront properties take their water from a lake.
23. Septic: in most cases the answer will be private sewage system, but there may be some privies.

11

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

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

12

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GREEN ISLAND

Inset Map

©

Buck Lake

GR E

EN

ROA D 1149 TWIN ISLAND DavisLANE

AN E

Lake

PL-ZNA-2022-0008 (WIRSIG) 92 KISMET LANE

PERTH RD

E FI N N

1016 FINN LANE

1155 BACK BAY LANE

BAC KB AY L

1135 TWIN ISLAND LANE

N

Goldfish Lake

Bear Lake

TWIN ISLAND LANE

LA

BIL LY

Slide Lake

PE RT H

RO

AD

Camel Lake

Legend

1023B FINN LANE

Subject Property

AN DL

AN E

RO

AD

PE

ISL

RT H

IN

T

W

Road

Railway

Provincially Significant Wetlands Wetland

Wooded Area

1155 BACK BAY LANE

Water 7058 PERTH RD

Assessment Parcel

Township Boundary

KISMET LANE

1013 TWIN ISLAND LANE

LA OS PR EY

LANE

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92B KISMET LANE

1029 OSPREY LANE

1021 OSPREY LANE

E N LA

NE

R

92C KISMET LANE

KISM ET

7052 PERTH RD

E KIN FISH G

1019 KINGFISHER LANE

1018 KINGFISHER LANE

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2020.

Buck Lake

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

0

PERTH RD 6962 PERTH RD

Scale 1:4,000

25

50

100

Meters UTM Zone 18 NAD 83

Date: 2022-02-08

92 KISMET LANE MINOR VARIANCE

1

March 10, 2022 Ms. Christine Woods Senior Planner Development Services (Building and Planning) Township of South Frontenac Via Email: cwoods@southfrontenac.net RE:

92 Kismet Lane Minor Variance Application

Dear Ms. Woods, Fotenn Planning + Design has been retained by the property owners of 92 Kismet Lane, Margaret and Jay Wirsig, to prepare this planning justification letter in support of an application for minor variance. This report provides the planning rationale in support of the application, the purpose of which is to allow for the adaptive reuse of the existing cottage on the subject site to accommodate a home industry and permit a new single detached dwelling. A minor variance application is required to address non-compliance resulting from the proposed development and conversion of the existing cottage with respect to property line setbacks and building orientation of accessory structures. The subject property is designated Rural on Schedule A – Land Use Plan of the Township of South Frontenac Official Plan and zoned Rural (RU) Zone in the Township of South Frontenac Zoning By-law 2003-75.

Site Description + Surrounding Context The subject site is located in the Township of South Frontenac (the township) and is accessed by Kismet Lane, a private lane; and has approximately 220 +/- metres of frontage on Perth Road (County Road 10). The property also contains approximately 79 metres for shoreline frontage on Buck Lake and is approximately 7.6 hectares in size. The property is currently developed with a bunkie, garage, and cottage which is proposed to be converted to accommodate a home industry. In addition to the current development on the subject site, a new single detached dwelling is proposed and building permits from the township are being pursued. Lands adjacent to the subject site along Kismet Lane and Perth Road are predominately residential uses which vary in size.

KINGSTON 4 Cataraqui Street, Suite 315 Kingston, ON K7K 1Z7 T 613.542.5454 fotenn.com

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2

Figure 1: Site Context (Source: AG Maps, Annotated by Fotenn)

Development Proposal The application seeks to change the use of the existing cottage from being the principal dwelling to a home industry. This change of use will work in concert with a building permit application to establish a new single detached dwelling. The business intending to operate on the subject site is KayaArm. KayaArm is a patented Kayak Stabilization device that allows one to enter/exit their Kayak safely. The company is an E-commerce business where individual components are machined and welded at a local fabrication shop and packaged at the home industry site. The primary operations to be performed on the subject site include internet sales, telephone and internet customer support, bookkeeping and final packaging assembly & quality assurance activities. The nature of the business use is not anticipated to result in traffic impacts related to shipping and deliveries. In addition, given the product is preassembled and the primary tasks are related to sales, support, bookkeeping, and final packaging there is not expected to be noxious affects (e.g., noise or odors) for adjacent properties.

Minor Variance

92 Kismet Lane, South Frontenac

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3

Figure 2: Site Plan prepared for Township building permit submission (Source: Margaret Wirsig - Survey Technologist / CAD Draftsperson (retired))

Regulatory Review Provincial Policy Statement (PPS), 2020 The 2020 Provincial Policy Statement (PPS) provides high-level land use policy direction on matters of provincial interest as they relate to land use planning in Ontario municipalities. Decisions of municipal councils must be consistent with the PPS, which provides direction for issues such as the efficient use of land and infrastructure, the protection of natural and cultural heritage resources, maintaining a housing stock that appropriately addresses the demographic and economic diversity of households, and preserving natural resources for their future use. In relation to the proposed consent, the 2020 PPS includes the following considerations: Section 1.1.1 Healthy, liveable and safe communities are sustained by: a) Promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term. The proposal will allow the for the adaptive reuse of an existing cottage to contain a home industry. The retention of a local business contributes to efficient development and land use patterns by utilizing an existing serviced building to accommodate the proposed use. c) Avoiding development and land use patterns which may cause environmental or public health and safety concerns. The property is located on rural lands with no known natural or human-made hazards. There is an existing entrance which will permit access to the home industry and new primary dwelling.

Minor Variance

92 Kismet Lane, South Frontenac

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4

e) Promoting the integration of land use planning, growth management, transit-supportive development, intensification and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. The proposal will allow for the adaptive reuse of the existing cottage to a home industry after the new principal dwelling is constructed. The development will be serviced by private servicing. The site is located on rural lands, an area intended for residential and home occupation uses. Section 1.1.4.1 Healthy, integrated and viable rural areas should be supported by: a) Building upon rural character, and leveraging rural amenities and assets. The proposal will see the creation of a new home industry providing a financial benefit to the township through the retention of a local business and the adaptive reuse of an existing building. f)

Promoting diversification of the economic base and employment opportunities through goods and services, including value-added products and the sustainable management or use of resources. The proposal will promote diversification of the economic base through accommodating an E-Commerce home industry within the township. Section 1.1.5.2 On rural lands located in municipalities, permitted uses are: a) Home occupations and home industries. The proposal will see the creation of a new home industry in an existing privately serviced building. The home industry being E-Commerce is not expected to have any adverse traffic, noise, or odour impacts. 1.1.5.4 Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. The proposal will be compatible with the existing rural landscape of the area. The home industry will utilize an existing privately serviced building consistent with the rural area. 1.1.5.7 Opportunities to support a diversified rural economy should be promoted by protecting agricultural and other resource-related uses and directing non-related development to areas where it will minimize constraints on these uses. The proposal diversifies the economy by accommodating a home industry which utilizes an existing serviced building. The subject site is not located near agricultural or other resource-related uses. Section 1.3.1 Planning authorities shall promote economic development and competitiveness by: a) Providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses. The proposal provides the opportunity for a diversified economic base through supporting an E-Commerce home industry which supports the local employment base. Section 1.6.6.4 Where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not available, planned or feasible, individual onsite sewage services and individual on-site water services may be used provided that site conditions are suitable for the long-term provision of such services with no negative impacts. In settlement areas, individual on-site sewage services and individual on-site water services may be used for infilling and minor rounding out of existing development. The development is currently serviced with private individual on-site services.

Minor Variance

92 Kismet Lane, South Frontenac

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5 Section 1.7.1. Long-term economic prosperity should be supported by: a) Promoting opportunities for economic development and community investment-readiness. The proposal will see the establishment of a home industry not expected to pose any adverse affects on neighbouring property’s which will help diversify the economic base of the rural area. This proposal is consistent with the 2020 Provincial Policy Statement in that it is located on rural lands, will contribute to the economic development without adverse effects, and will not require any unwarranted expansion of municipal services.

Minor Variance A minor variance application is required to address the zoning compliance matters for the proposed home industry on the subject site. The site is zoned Rural (RU) Zone in the Township of South Frontenac Zoning By-law 2003-75. The proposed home industry and accessory structures will generally meet zoning requirements prescribed in the by-law with the exception of lot line setback, and the positioning of the home industry and additional accessory structures. This is primarily the result of utilizing the existing building stock through the redevelopment of the site. Description of Requested Variances In order to permit the proposed development, relief from the following provision is being requested:

1. 5.24 (2) Accessory Buildings: Any accessory building which is not part of the main building shall be erected to the rear of the projected front or exterior side wall of the main building. Relief is required to permit accessory structures be in front of the front or exterior wall of the main building.
2. 5.29 (10) Home Industry Lot Line Setback: The building containing a home industry shall be located no closer than 20 metres from any lot line. Relief is required to permit a home industry be located within 11 metres of the interior lot line.
3. 5.29 (10) Location of Home Industry: Home Industry shall be located behind the dwelling on the lot. Relief is required to permit a home industry in front of the principal dwelling.

Four Tests The assessment of the proposed variance is undertaken following the tests as described in Section 45(2) of the Planning Act, as follows: Test #1: Is the general intent and purpose of the Official Plan maintained? Test #2: Is the general intent and purpose of the Zoning By-law maintained? Test #3: Is the variance minor? Test #4: Is the variance desirable for the appropriate development or use of the lands in question? Test #1: Is the general intent and purpose of the Official Plan maintained? The Official Plan provides guidance for determining the desirability of a minor variance. The proposed relief is necessary to allow the proposed Home Industry. The following Official Plan policies are associated with the proposed Home Industry use:

Minor Variance

92 Kismet Lane, South Frontenac

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6 Section 4.3 The Rural and Agricultural Goal of this Official Plan is to preserve the Township’s established rural character and agricultural industry: (a)(iv) To protect the established rural character of the Township from uncontrolled strip development. The proposal protects the rural character of the Township through the adaptive reuse of an existing building for a home industry. The proposal protects the rural character through the redevelopment of an existing lot of record. Section 5.7.4 It is the general intent of this Plan that the majority of permanent non-agricultural residential development be encouraged to locate in the Township’s Settlement Areas. However, limited non-agricultural residential development may also be permitted within the Rural area so as to provide a variety of living accommodation for the residents of the Township. Subdivisions and severances to permit new residential uses shall be appropriately separated from incompatible agricultural areas, existing and proposed waste disposal, mineral extraction site and resource areas, natural heritage features and areas and natural hazards (i) Permitted Uses: Rural residential development including group homes established in accordance with the provisions of Section 6.5, home occupations and home industries may be permitted in the form of single detached dwellings developed on lots created by plan of subdivision or severance by the Committee of Adjustment in accordance with the policies of this Plan The proposed home industry is permitted by the Official Plan. Section 5.7.4 (ii) (b) Rural residential development shall be serviced by private water and sanitary sewage disposal systems approved by the appropriate authority The proposal will involve the adaptive reuse of an existing development which is already serviced by private water and sanitary sewage disposal systems. The new residential development on the property will be serviced by private water and sanitary systems approved by the appropriate authority. Section 6.6 Home occupations, home industries, trades and professional uses may be permitted accessory to any residential use provided they are small scale and compatible with residential uses. Specific provisions relating to home occupations shall be included in the Zoning By-law. The proposal is seeking to accommodate a home industry which will see the adaptive reuse of the existing serviced cottage on the subject site. This cottage will be an accessory building to the principal dwelling once constructed. The home industry will be small in scale with its employees being the residents of the subject site. The existing structure is small, being less than half of the size of the new dwelling which is currently in the building permit phase. This home industry is expected to be compatible with the existing residential uses in the area as it does not require further development and is not expected to pose any adverse traffic, noise, or odour impacts. Section 6.9 In order to reduce or eliminate the adverse effects of one land use upon another or overcome the conflicts between land uses, the Township will require buffering to be provided. A buffer may be defined as any space or feature placed between two conflicting uses in order to reduce or eliminate conflicts. A buffer may be open space where distance is relied upon to produce the desired results, or it may be a berm, wall, fence, planting strip or land use different from the two conflicting ones but compatible with both, or any combination sufficient to achieve the intended purpose. Buffering provisions will generally be implemented through site plan control and through provisions in the Zoning By-law The proposal is sufficiently buffered by separation and vegetation from the surrounding land uses. In addition, as the proposed home industry activities relate to sales, customer support, bookkeeping, and final packaging there is not expected to be any adverse affects on adjacent land uses. Section 6.10.1 It is the intent of this plan that private on-site sanitary sewage disposal systems primarily consist of septic tanks and leaching beds/tile fields. However, consideration may be given to the use of other proven systems subject to the approval of the Ministry of the Environment and Council.

Minor Variance

92 Kismet Lane, South Frontenac

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7 The proposal will utilize an existing building through adaptive reuse on the subject site which is already serviced by a private on-site sanitary sewage disposal system. Based on this review, it is our professional opinion that the proposed variance maintains the general purpose and intent of the Official Plan. Test #2: Is the general intent and purpose of the Zoning By-law maintained? The site is zone Rural (RU) Zone in the Township of South Frontenac Zoning By-law 2003-75. The existing cottage on the subject site is to be converted to a home industry following the construction of the new principal dwelling. The following table outlines the necessary variance required to permit the proposed development. Provision Requirement Rural (RU) Zone – Section 7 Permitted uses • A single detached dwelling • Accessory building or uses to permitted uses of the zone • A home industry (in accordance with section 5.29 of this by-law) Lot Coverage 20% (max) Rear Yard (min) for 3 metres accessory buildings Interior Side Yard 3 metres (min) for accessory buildings Building height 6m (max) for accessory buildings Setback from 30 m Highwater Mark (min) General Provisions – Section 5 Setback from 5m Private Lane (5.6.1) Accessory 5 % (max) Buildings – Lot Coverage (5.24.1) The lot coverage of all accessory dwellings shall not exceed the lot coverage of the existing principal dwelling Accessory Buildings - Location (5.24.2)

Any accessory building not part of the main building is to be located to the rear or exterior side yard of the main building

Accessory Buildings – Habitation

No accessory dwelling shall be used for human habitation unless a dwelling is permitted as an accessory dwelling

Minor Variance

Proposed

Variance Required?

Home Industry

No

Single Detached dwelling < 20 %

No No

3m

No

11 m

No

<6m

No

30 m

No

84 m*

No

< 5%

No

New Primary Dwelling: 319 m2

No

Accessory Total: 212 m2 All accessory structures will be located in front of the main building No human habitation will occur in the

Yes

No

92 Kismet Lane, South Frontenac

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8 Provision (5.24.3)

Requirement

Accessory Buildings – Setbacks (5.24.4) Accessory Buildings – Building Process (5.24.5)

An accessory building shall not be built closer to any lot line than the minimum distance required by this By-law

Accessory Buildings – Setback from Principal Dwelling (5.24.6) Home Industry – External Storage (5.29.1) Home Industry – Signage (5.29.2) Home Industry – Residential Character (5.29.3)

The minimum distance between any building on a lot including accessory buildings and principal buildings shall be 3.0 metre

Home Industry – Employment (5.29.4)

Except in accordance with Section 5.16 no accessory building shall be erected prior to the erection of a principal building or structure

There is to be no storage of goods or materials Maximum Sign Size: 0.3 m2 Sign Setback: 3 m The home industry is clearly secondary to the main residential use and does not change the residential character of the dwelling or lot nor create or become a public nuisance; in particular in regard to noise, noxious odours, emission of smoke, traffic or parking No more than 1 person who is not a resident in the dwelling shall be employed

Home Industry – Television and Radio (5.29.5)

The home industry does not interfere with television or radio reception

Home Industry – Location of Goods (5.29.6)

There are no goods, wares or merchandise, publicly offered or exposed for sale on the premises outside of any buildings

Minor Variance

Proposed proposed home industry Conforms with the zone, deficient regarding (5.29.10)

Variance Required?

No

The proposed use which requires a change of use permit will not be enacted until the erection of the new dwelling is complete. The new dwelling is currently in the building permit process.

3m

No

All materials are to be contained within the building No signs to be erected

No

The proposed home industry will remain consistent with the residential character of the structure and will not create a public nuisance There are no employee’s who will not be a resident of the property The nature of the home industry is not anticipated to interfere with television or radio reception All merchandise to be contained to the building containing the proposed home industry

No

No

No

No

No

No

92 Kismet Lane, South Frontenac

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9 Provision Home Industry – Parking (5.29.7) Home Industry – Size (5.29.8) Home Industry – Lot Size (5.29.9) Home Industry – Setbacks and Orientation (5.29.10)

Requirement On-site parking in accordance with section 5.30

Proposed Addressed with regard to section 5.30 < 111.48 m2

Variance Required? No

The minimum lot size is 2 ha

7.6 ha

No

The accessory structure or building within which the home industry is located is not closer than 20 m (65.5 ft.) from any lot line

11 m (interior yard)

Yes

Shall be located behind the dwelling on the lot.

Located in front yard

Yes

4 spaces

No

Maximum size of accessory structure used for home industry: 111.48 m2

Parking 1 space / 18 m2 devoted to use Requirements – = 4 spaces required Home Industry (5.30.1.23)

• Measured Using AG Maps

No

Accessory Dwelling Location The relief requested is to permit two accessory structures (e.g., a bunkie and a garage) to be located in front of the main building. The requested relief will accommodate the retention of existing building stock through the redevelopment of the site which are compatible for the site and rural area. Home Industry Setback The home industry setback is proposed to be reduced from 20 metres from a property line to 11 metres This reduction is a product of the utilization of the former principal dwelling on the subject site. The requested relief from this setback is reasonable given the proposed home industry has significant buffering in the form of separation and vegetation, will result in the adaptive reuse of an existing building on the subject site, and the day-to-day operations of the home industry are not expected to create any adverse affects (e.g., traffic, noise, odors) for adjacent land uses. Home Industry Location The home industry is proposed to be in front of the dwelling rather than behind it. Relief for the location of the home industry in front of the proposed new dwelling is required to recognize the location of the existing cottage to be utilized for the home industry.

Based on this review, it is our professional opinion that the proposed variance maintains the general purpose and intent of the zoning by-law.

Minor Variance

92 Kismet Lane, South Frontenac

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10 Test #3: Is the variance minor? The assessment of whether a proposed variance is minor is not a mathematical calculation. Rather, the test is intended to assess the degree of any impact resulting from the proposed variance. The requested variance would be limited to the site, limiting the scope of any impacts, in addition to being sufficiently buffered through separation and vegetation. The proposed home industry will promote local economic development and given the proposed home industry is primarily related to sales, support, bookkeeping, and final packaging there is not expected to be any adverse affects on adjacent land uses. Based on this review, it is our professional opinion that the proposed variance is minor in nature.

Test #4: Is the variance desirable for the appropriate development or use of the lands in question? The proposal seeks to establish a home industry through utilization and adaptive reuse of the existing serviced cottage in accordance with the Official Plan’s goals regarding rural development. The proposed home industry is appropriate and desirable on the subject site as it will provide financial benefit without impacting the rural character of the Township. The proposal retains a local business on a lot that is sufficiently buffered through separation and vegetation from abutting land uses and is sized appropriately to accommodate the proposed use. The relief requested through the application will result in desirable development outcomes for the township which produce no adverse impacts on adjacent properties. Based on this review, it is our professional opinion that the variance is desirable for the appropriate development of the site in question.

Conclusion The applicant is seeking approval from the Township of South Frontenac to allow for the existing cottage to be converted to a home industry and permit accessory structures to be located in front of the main building. The proposal consists of an application for a minor variance to address zoning compliance issues noted in this report. The application will allow for the creation of a home industry through the adaptive reuse of an existing serviced building which will help grow the rural economy. The minor variance application maintains the intent and purpose of the Official Plan and zoning by-law, is minor in nature, and is desirable for the appropriate development of the site. It is our opinion that the proposed application for minor variance is appropriate for the property in question and represents good land use planning. Should you have any questions or comments, please do not hesitate to contact us at 613.542.5454. Respectfully submitted,

Mike Keene, MCIP, RPP Principal, Planning + Development Fotenn Planning + Design

Minor Variance

Dave Nanton Planner Fotenn Planning and Design

92 Kismet Lane, South Frontenac

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To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: April 14, 2022 Minor Variance Application (S.45(1) of the Planning Act) Subject: PL-ZNA-2022-0008, Jay and Margaret Wirsig, 102904004003200, Kismet Lane, Loughborough District

Summary The subject application seeks zoning relief to permit a home industry in an existing building, and to permit the home industry building, a detached garage and a sleeping cabin in the front yard of a dwelling. This report recommends that the Committee of Adjustment grant approval of this application subject to conditions, as this application meets the four tests of a minor variance outlined in section 45(1) of Planning Act.

Background Official Plan Designation: Rural Zoning: Rural (RU) Zoning Relief Requested Section 5.29.10 – to permit a home industry (an E-commerce business) in an existing building that is setback 11 metres from the northern interior side lot line, whereas 20 metres is required. Section 5.24.2 – to permit three accessory buildings (the home industry building, a detached garage and a sleeping cabin) to be located in front of the projected front wall of the dwelling 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. Related Applications The subject property is not subject to any other applications under the Planning Act.

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

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Township of South Frontenac Staff Report - Minor Variance Application (S.45(1) of the Planning Act) PL-ZNA-2022-0008, Jay and Margaret Wirsig, 102904004003200, Kismet Lane, Loughborough District

Discussion/Analysis Property Description The 7.6 hectare (18.8 acre) property is located on Perth Road along the southern shoreline of the North Basin of Buck Lake. The property abuts an unopened road allowance to the north. The topography consists of a series of bedrock ridges and valleys from the shoreline to Perth Road. Some of the valleys contain seasonal ponds. The property is accessed from Kismet Lane. The property is developed with a cottage, a detached garage, a sleeping cabin and several small sheds and structures. The cottage and garage are close to a seasonal pond and watercourse. The sleeping cabin is near the edge of a ridge. There is a sewage system approximately 30 metres from the highwater mark of the lake. According to the application, the approximate floor area of the cottage is 816 square feet, of the garage is 1,375 square feet and of the sleeping cabin is 100 square feet. All the buildings are setback more than 360 metres from Perth Road and more than 60 metres from Buck Lake. According to the application, there is a septic tank near the cottage. Summary of Proposal The owners propose to construct a new single detached dwelling that would be compliant with all applicable zoning provisions, including being 31 metres from the highwater mark and a minimum of 15 metres from the top of bank. The placement of the new dwelling will result in the existing buildings being in the front yard of the dwelling (i.e. between the dwelling and Perth Road). The owners propose to convert the existing cottage into an accessory building for a home industry. The home industry is an E-commerce business, KayaArm. The primary operations to be performed on the site are internet sales, internet and telephone customer support, bookkeeping, and final packaging, assembly and quality assurance activities. An application for minor variance was received to permit the home industry in a building that is less than 20 metres from the property line, and to permit three accessory buildings (the home industry building, the detached garage and the sleeping cabin) to be located in front of the projected front wall of the new dwelling.

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

Page 137 of 304

Township of South Frontenac Staff Report - Minor Variance Application (S.45(1) of the Planning Act) PL-ZNA-2022-0008, Jay and Margaret Wirsig, 102904004003200, Kismet Lane, Loughborough District

Department and Agency Comments Public Services did not provide comments on the application as the property is accessed from a private lane. Building Services confirmed that no building permits had been issued for the existing cottage, garage, sleeping cabin and septic tank, all of which have been constructed since 2006. The Owners will be required to apply for, and obtain building permits, for all existing and proposed buildings and structures on the property. KFL&A Public Health issued a permit for the sewage system that is setback approximately 30 metres from the highwater mark of the lake. Building Services will verify the capacity of this sewage system as part of their review of any building permit application for the proposed single detached dwelling, the proposed home industry, and the existing sleeping cabin. Cataraqui Conservation was not circulated the application since it relates to the use of existing buildings on the property. They confirmed that a permit under O. Reg. 148/06 will not be required for the proposed dwelling. 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 or does not meet the four tests as explained below. Does the variance maintain the general intent and purpose of the Official Plan?  The proposed variances maintain the general intent and purpose of the Official Plan.  The subject lands are designated Rural in the Official Plan on Schedule A. The proposed home industry and accessory buildings are uses associated with the permitted residential use of the property.  Buck Lake is an at-capacity lake trout lake. The Official Plan permits a lot of record adjacent to this lake to be developed in accordance with the standard waterfront policies (i.e. minimum 30 metre setback from highwater mark of lake). The new dwelling and its existing sewage system would conform to this policy. The accessory buildings were constructed more than 60 metres from the lake. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 138 of 304

Township of South Frontenac Staff Report - Minor Variance Application (S.45(1) of the Planning Act) PL-ZNA-2022-0008, Jay and Margaret Wirsig, 102904004003200, Kismet Lane, Loughborough District

Does the variance maintain the general intent and purpose of the Zoning By-law?  The proposed variances maintain the general intent and purpose of the Zoning Bylaw. The proposed home industry and accessory buildings are uses associated with the permitted residential use of the property.  The placement of the new dwelling will result in the existing buildings being in the front yard of the dwelling (e.g. between the dwelling and Perth Road). However, these buildings are more than 60 metres from the highwater mark and more than 360 metres from Perth Road, which far exceed the setbacks required for the dwelling.  A home industry is permitted in the Rural zone provided that it meets several conditions listed in section 5.29. The home industry would meet the majority of the conditions. For example, the property is more than 2 hectares in size, and the square foot of the building does not exceed 1,200 square feet. The home industry is not anticipated to have noxious affects (e.g. noise, odour, smoke) for adjacent properties and the lake because the product is preassembled (e.g. manufactured off-site) and the primary tasks are related to sales, support, bookkeeping and final packaging. The nature of the business is not anticipated to result in traffic impacts to Kismet Lane because shipping and deliveries would not be made to/from the property by couriers, and there would be no customer pickups.  Section 5.29 requires the accessory building within which the home industry is located to be not closer than 20 metres from any lot line, and to be located behind the dwelling on the lot. The intent is to ensure physical separation between the home industry and sensitive adjacent uses such as other dwellings, and to ensure the home industry is not the focal point of a residential property. The existing cottage that would be converted to the home industry is setback 11 metres from the northern interior lot line. It is noted that the northern property line abuts an unopened road allowance, and the applicants own the property to the north of the road allowance. The nearest dwelling is 100 metres to the north. Also, the home industry will be more than 360 metres from Perth Road. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question?  The requested variances are desirable for the appropriate development of the land. The location of the accessory buildings between the new dwelling and Perth Road protects the environmentally sensitive lands between the dwelling and the lake. The buildings are visually screened from both the lake and the road by both distance and existing tree cover. They are similarly screened from adjacent properties. Converting the existing cottage for the home industry allows the adaptive reuse of this building.

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

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Township of South Frontenac Staff Report - Minor Variance Application (S.45(1) of the Planning Act) PL-ZNA-2022-0008, Jay and Margaret Wirsig, 102904004003200, Kismet Lane, Loughborough District

Is the variance minor?  The requested variances are minor as they maintain the general intent and purpose of the Official Plan and Zoning By-law, and are desirable for the appropriate development of the land. They are not anticipated to impact the existing or planned functionality of the property and adjacent properties. Nor are they anticipated to cause adverse environmental, nuisance (noise, vibration, dust, etc.), or visual impacts.

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 posting on the Township’s Current Planning Application webpage 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 minor variance application PL-ZNA-2022-0018 for the property with Assessment Roll Number 102904004003200, subject to the following conditions.

1. The minor variance is to permit a home industry to be established in a building that is setback 11 metres from the northern interior lot line. The minor variance also permits three accessory buildings (i.e. the home industry building, the detached garage and the sleeping cabin) to be located in front of the projected front wall of the single detached dwelling.
2. A building permit shall be obtained for the existing buildings on the subject property (i.e. the home industry building, the detached garage and the sleeping cabin) to the satisfaction of the Chief Building Official within one (1) year of obtaining this minor variance approval.
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 Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - Minor Variance Application (S.45(1) of the Planning Act) PL-ZNA-2022-0008, Jay and Margaret Wirsig, 102904004003200, Kismet Lane, Loughborough District

4. Minor variance PL-ZNA-2022-0008 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Report Prepared By: Christine Woods, MCIP RPP, Senior Planner Reviewed By: Claire Dodds, MCIP, RPP, Director of Development Services

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

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Page 142 of 304

U4»

provided the Committee

is of the opinion

Building Admin Fee: $94.00 $94.00 $94.00

Planning Fee: $959.00 $1,316.00 $2,010.00

$1,410.00 $2,104.00

TOTAL: $1,053.00

$450 $700 $1'150

$420

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

Cataraqui Region Conservation Authority

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

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

1. It is required that one (1) copy of this application be filed with the Secretary-Treasurer of the Committee of Adjustment, together with the SKETCH referred to in Note 3 (below), accompanied by a NON-REFUNDABLE FEE in accordance with the chart below in cash, debit or by cheque made payable to the Township of South Frontenac.

Application Requirements

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

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

The Committee of Adjustment is a Committee of eight persons appointed by Township Council. The Committee is formed under Section 45 of the Planning Act R.S.O. 1990, Chapter P.13, to authorize a minor variance from a zoning by-law.

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE OR PERMISSION Updated January, 2021

‘5.~mr>.»..(51-‘(v0.DanLLAU==‘

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Information

Personal information requested herein is required under the Planning Act, 1990 as amended. This information will be used by the Committee of Adjustment/Land Division Committee for the purpose of reviewing the above referenced application, and may be made available to those boards, Commissions, Authorities, Agencies and Persons having an interest in this matter. Any questions regarding the collection of this information should be directed to the Secretary Treasurer of the Committee of Adjustment (P.O. Box 100, Sydenham, Ont., KOH2T0, Phone 376-3027 eXt.2224).

4. Collection of Personal

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

3. PLEASE READ THIS ITEM CAREFULLY

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

‘aura, S0e7~\U.‘DsviLLlc.LA~g

Page 144 of 304

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fthe owners forpurposes of

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Lot Number:

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Name of Road/Street:

X/Bedford Portland

Concession Number:

District:

The description of the subject land:

Sigi

Age” proc

Email Address of Authorized Agent:

Phone number of Authorized Agent:

Full Mailing Address of Authorized Agent:

Name of Authorized 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, must accompany the application.

Email Address of Owner(s): _

Phone number of Owner(s):

Full Mailing Address of Owner(s):

NameofOwner(S)2

1

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. .

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

Page 145 of 304

115 FT.

2851 94-’ Area:

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What are the existing uses of the subject land?

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

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Name of Road/Lane:

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

Yes

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

,

APPLIQAMT IZ’Eq«\1EST§. W.=ELt’é’.-’Fmam ‘Zorw

0-8’;

Frontage (on road/lane):

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

L. RE $l ;>E1m1JT-M.

The current zoning of the subject land:

Depth:

Frontage (on water):

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

Bum-I154»7w.t>ml LL.LR“

Page 146 of 304

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

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13.The proposed uses of the subject land:

Setback from High Water Mark (If applicable)

Dimensionsof Area F’°°'

(Also Indicate If It IS one

5(H’ED

(3)

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Setback from Side Lot Line

Setback from Rear Lot Line (Rom: 9 ape)

(LA ME sxve)

/

Setback from Front Lot Line

(2)

C0‘-’”“’**<“*3

P‘E5“7ENuE'

Type of Structure (E.g. residence)

(1)

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

5«‘(W.bDJ]gLL _Bqv*rvk

Page 147 of 304

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(2)

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(4)

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

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(3)

Do your plans include any DEMOLITION of existing structures?

NOTES:

Setback from High Water Mark (If applicable)

Outside Dimensions of Bulldlnglstructure

(Also indicate if it is one story or two story)

Chwq?é)

.1140” (cast)

(W

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Setback from Rear Lot Line

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Height of Building

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Setback from Front Lot Line

Type of (E.g. residence)

gnu)?" Structure CDTIEY N€W’g0c ‘aeggw?

(1)

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.0. 1990, c. P.13 as amended

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Increase in number of bedrooms

Increase in plumbing fixtures

Increase in living space

Will the addition or structure encroach on the existingseptic system?

(a)

(b)

(c)

(cl)

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

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

MA{ - Jujij

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

MAX, l°l‘i’=r

Yes

Yes

Yes

Yes

6

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If yes, please provide details: P2o\J\DE W ¢,m,E_1e_“VJ

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

(l.&|r-‘jlLZkL_Lk_

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.0. 1990, c. P.13 as amended IxloTPKoPb$iI~/A’To L\PT ML ufhse Emmet: sTI2»vrUWE 7’)

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

Page 148 of 304

Page 149 of 304

we

pique

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

C Yes

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

**Note: **

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

ii)

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

The approximate location of all natural and artificial features on the subject land and on the land that is adjacent to the subject land. Examples include buildings, railways, roads, watercourses, drainage ditches, river or stream banks, barns, wetlands, wooded areas, wells and septic tanks. Show distance of these features from the app|icant’s property lines.

The location of all abutting (neighbours’) lands.

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

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

i)

29. A SKETCH must be submitted showing the following:

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

Yes

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

§;aarn»$47 \»d,U,vl

Page 150 of 304

DATED AT THE TOWNSHIP OF SOUTH FRONTENAC

The Owner/Applicant/Agent further agrees that, until such requests have been complied with, the municipality will have no continuing obligation to process the application or attend or be represented at the Ontario Municipal Board or any court or other administrative proceeding in connection with the application:

The Owner/Applicant/Agent further agrees to provide the municipality, upon request and in cases where an application has been appealed to the Ontario Municipal Board, with a deposit (over and above the normal application fee), from which the municipality may, from time to time charge any fees and expenses incurred by the municipality in order to process the application. If such appeal expenses exceed the deposit, the Owner/Applicant shall pay the difference forthwith upon being billed by the municipality, with interest at the rate of 1.25% per month (15% per annum) on accounts overdue more than 30 days,

Without limiting the foregoing, such fees and expenses shall include the fees and expenses of consultants, planners, engineers, lawyers and such other professional and technical advisors as the municipality may, in its absolute discretionacting reasonably, consider necessary or advisable to more properly process and support the application.

The Owner/Applicant/Agent agrees to reimburse and indemnify the municipality for all fees and expenses incurred by the municipality to process the application, including any fees and expenses attributable to proceedings before the Ontario Municipal Board or any court or other administrative tribunal if necessary to defend Council’s decision to support the application.

The Owner/Applicant/Agent agrees that the information recorded in this Minor Variance Application Form is accurate. The Owner/Applicant/Agent agrees that representatives of the Township and, where applicable, the appropriate Conservation Authority, may enter onto the subject property for the purpose of determining the appropriateness of the site for the proposed development.

Attached to this application is a cheque payable to the Township of South Frontenac representing payment of the application fee.

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

E4.“547 \L.be»;1[Lai2.L.LtA_.

Page 151 of 304

7. Reason why you can’t comply: In other words, why can you not meet the required setbacks. It could be, for example, because you are seeking a variance to add on to an existing structure that is already too close to the water, or that developing further from the water would be impossible because of a steep embankment.

—

Nature and Extent of Relief: This question is asking what you are asking to do that requires the variance for example, it could be that you are asking to be 25 m rather than 30 m from the high water mark, or that you are asking to increase the height of a structure within 30 m of the high water mark, or that you are seeking a variance to construct an accessory building closer to the front lot line than the principal building.

5. Current zoning: You may not be aware of the zoning on your property and this can be determined when you come in for pre-consultation with planning staff.

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

—

3. Description of the Subject Land: a. District: The Districts are the same as the former Townships. If you are not sure, check the roll number (the long number beginning with 1029) on your tax bill. Ifthe numbers are 010, 020 or 030, your district is Bedford; if the numbers are 040-O50, your district is Loughborough; if the numbers are 060 or 070, your district is Storrington; and if the numbers are 080, your district is Portland. b. Concession and Lot Numbers: if you are not sure, check your tax bill Street Number: Your civic address if a civic number has not been assigned, leave this space blank. d. Name of Road/Street: This question applies whether or not you are on a private lane or a public road. Reference Plan No: If your property has been surveyed, it will have a plan number, and one or more parts on that plan. If your property has not been surveyed, leave this space blank. f. Roll No: This is the number beginning with ‘1029’ which appears on your tax bill. Please take time to look it up before submitting the application.

4. You may wish to appoint someone to act on your behalf during the variance process. Ifso, that person’s name, address and phone number should appear here All owner’s must sign the authorization.

5. The names of all owners must appear in this section, even if they live in separate residences, and the address(es) should be the full mailing address, complete with postal code.

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.0. 1990, c. P.13 as amended

Page 152 of 304

21. Length of existing uses: For example, has the land been used for residential purposes for 30

20)Date of existing buildings: It you are not sure, provide your best estimate.

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

—

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

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

16. Demolition: All demolition requires a permit from the building department. In some instances, a proposed addition or increase in height cannot be accomplished without the removal of existing walls. If this is not made clear to the Committee at the beginning of the process, you may find that, although you are granted permission to add on to your residence, you can’t actually do it because you have not made it clear that there is demolition involved.

17. Description of new construction: ALL proposed new development must be described here. If you are proposing to construct an addition to a dwelling, and to add a deck, please show this information in separate columns.

—

14. Proposed structures: If you are planning to build ANYTHING on the property, the answer to this question is “yes” This includes additions, decks, garages, septic systems.

15. Proposed Uses: Generally, the answer to this question will be the same as the answer to #10, but if, for example, the land is currently vacant, and you are planning to construct a dwelling, then the use to be described in section 10 would be “vacant recreational land’’, and the use described in section 13 would be “residential”

16. Description of buildings and structures: You must complete all sections of this question for each structure on your property. If there is a deck on your dwelling, please describe it separately from the residence.

17. Buildings: If there are ANY buildings or structures on the property now, the answer to this question is “yes”.

18. Existing Uses: e.g. residential, retail business, vacant recreational land

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

Page 153 of 304

—

30. Agreement to indemnify: Must be signed in front of a commissioner of oaths you may have this done before submitting the application, or sign the application in front of staff who can sign as commissioners. All owners must sign the application, or it can be signed by an agent if one ‘ has been appointed.

31. SKETCH: We cannot stress enough the importance of a detailed, accurate, and complete sketch. You do not necessarily need to contract with a professional to draw the sketch, but sketches that are not drawn to scale, do not show dimensions and distances, or are not drawn neatly (PLEASE USE A RULER), will not be accepted.

32. If yes: If there has been a previous variance granted on the property, please indicate the application number if known, and what the details of the variance were.

33. Minor variance: Has there ever been a minor variance granted on the property? If you are longtime owner of the property, you will probably be aware of any other special permission granted for a variance to the zoning by-law. If you are a new owner, the seller will probably have made you aware of this.

34. If yes: If there is a current application for severance or subdivision on the property, please indicate the file number. (Staff can help provide this information)

35. Application for consent: is there currently an application for consent (severance) being proposed for the property?

36. Drainage: Are there specific ditches that have been constructed to deal with drainage; is there natural drainage, etc.?

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

D+M Structural Ltd. 120-17 Aberdeen Street, Ottawa, ON, K1S 3J3 Phone: (613) 651-9490

WEST

DEVIL

LAKE

NOTE: DIMENSIONS SHOWN ARE APPROXIMATE BASED ON INFORMATION PROVIDED BY OWNER

ROAD

APPRO

THIS DRAWING IS PROVIDED BY AND IS THE PROPERTY OF D+M STRUCTURAL LTD. COPYRIGHT RESERVED. NOT TO BE USED FOR CONSTRUCTION UNLESS STAMPED AND SIGNED BY ENGINEER. CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND CONDITIONS ON SITE AND REPORT ANY DISCREPANCIES TO THE ENGINEER BEFORE PROCEEDING. ALL WORK TO BE COMPLETED IN COMPLIANCE WITH APPLICABLE BUILDING CODES, REGULATIONS, AND BY-LAWS. DO NOT SCALE DRAWINGS

X. 155'0

AP PR OX .7

7'0”

"

EXISTING SHED (10’-0” x 10’-0”) EXISTING SHED

EXISTING 1 STOREY WOOD FRAMED COTTAGE

" ‘-0

16

SIB -o"

" 5’-0

ER OP PR

21’

.5 ROX

APP

TY

‘52 . X

NE LI

O

PR AP

SEPTIC FIELD SEPTIC TANK (BURIED)

17’ -0"

DECK

SIB

TY

LIN

6"

6’-

-0"

12’

E

‘-0 "

0"

PR OP ER

55

‘16

31’-0"

AP PR OX .

LOT 8 CON. XI PART 1

EXISTING COTTAGE

0"

E IN L Y

RT

RO

0" 3'5 .

E OP

PR

DEVIL LAKE

X

P AP

LOT 8 CON. XI PART 2 EXISTING COTTAGE

LOT 8 CON. XI PART 2

2

2021/12/06

ISSUED FOR PERMIT/ VARIANCE

1

2021/12/02

ISSUED FOR CLIENT REVIEW

DATE

STAMP:

DESCRIPTION

NORTH ARROW:

2021/12/06

PROJECT NAME AND ADDRESS:

DEVIL LAKE COTTAGE 547 WEST DEVIL LAKE ROAD

LOCATION OF COTTAGE

DRAWING NAME:

SITE PLAN

DESIGNED BY: C. DAVIES DRAWN BY: A. WITTICH DATE: 2021-11-19

Page 154 of 304

PROJECT #: 20-129

S-000

GENERAL REQUIREMENTS GENERAL 1.

DO NOT SCALE THESE DRAWINGS.

ALL WORK MUST COMPLY WITH THE PROVISIONS OF THE ONTARIO BUILDING CODE, OCCUPATIONAL HEALTH & SAFETY ACT, RELEVANT CODES AND STANDARDS, AND REQUIREMENTS OF AUTHORITIES HAVING JURISDICTION.

DETAILS OF EXISTING CONDITIONS AND CONSTRUCTION ARE SHOWN BASED ON INFORMATION AVAILABLE AT THE TIME OF PREPARING DESIGN DRAWINGS. IF, PRIOR TO OR DURING CONSTRUCTION, CONDITIONS ARE REVEALED THAT DIFFER FROM CONDITIONS SHOWN, ADVISE THE STRUCTURAL ENGINEER BEFORE PROCEEDING.

THESE DRAWINGS SHOW THE COMPLETED STRUCTURE. THE CONTRACTOR IS RESPONSIBLE FOR SAFETY ON THE JOB SITE AND THE DESIGN, INSTALLATION AND SUPERVISION OF ALL TEMPORARY WORKS REQUIRED TO SAFELY COMPLETE THE PROJECT.

DO NOT IMPOSE CONSTRUCTION LOADS ON THE STRUCTURE IN EXCESS OF THE DESIGN LOADS.

DO NOT CUT OR MAKE ADDITIONAL HOLES OR OPENINGS IN STRUCTURAL ELEMENTS WITHOUT APPROVAL OF STRUCTURAL ENGINEER.

SPECIFIC NOTES AND DETAILS ON THE DRAWINGS SHALL TAKE PRECEDENCE OVER GENERAL NOTES AND TYPICAL DETAILS.

FEATURES OF CONSTRUCTION NOT FULLY SHOWN SHALL BE AS INDICATED FOR SIMILAR CONDITIONS.

D+M Structural Ltd. 120-17 Aberdeen Street, Ottawa, ON, K1S 3J3 Phone: (613) 651-9490 THIS DRAWING IS PROVIDED BY AND IS THE PROPERTY OF D+M STRUCTURAL LTD. COPYRIGHT RESERVED. NOT TO BE USED FOR CONSTRUCTION UNLESS STAMPED AND SIGNED BY ENGINEER. CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND CONDITIONS ON SITE AND REPORT ANY DISCREPANCIES TO THE ENGINEER BEFORE PROCEEDING. ALL WORK TO BE COMPLETED IN COMPLIANCE WITH APPLICABLE BUILDING CODES, REGULATIONS, AND BY-LAWS. DO NOT SCALE DRAWINGS

DESIGN NOTES 1.

THE STRUCTURE INDICATED ON THESE DRAWINGS HAS BEEN DESIGNED IN ACCORDANCE WITH THE ONTARIO BUILDING CODE - ONTARIO REGULATION 332/12 (AS AMENDED), AND THE FOLLOWING CANADIAN DESIGN STANDARDS: CONCRETE STRUCTURE: CSA A23.3-14 (DESIGN OF CONCRETE STRUCTURES)

UNIT LOADS AND PRESSURES GIVEN ARE SPECIFIED (UNFACTORED).

IMPORTANCE CATEGORY FOR STRUCTURAL DESIGN: NORMAL.

GRAVITY LOADS STORAGE LOFT:

ROOF:

DEAD LOAD:

0.8kPa

DEAD LOAD:

0.8kPa

SNOW LOAD:

1.6 kPa

SNOW LOAD:

1.9 kPa

LAKE

LAKE

WOOD

SAWN LUMBER SHALL CONFORM TO CSA 086-14 AND SHALL IDENTIFY LUMBER BY OFFICIAL GRADE MARKS

NAILS SHALL BE ZINC COATED CONFORMING TO CSA B111.

UNLESS NOTED OTHERWISE, JOISTS, TIMBER BEAMS, BUILT-UP BEAMS, BUILT-UP POSTS AND STUD FRAMING INCLUDING TOP AND BOTTOM PLATES SHALL BE KD S.P.F. No. 2 OR BETTER.

ALL STRUCTURAL WOOD FRAMING MEMBERS IN ADDITION TO LUMBER USED IN THE MANUFACTURING OF STRUCTURAL COMPONENTS TO BE S.P.F. No. 2 OR BETTER, STAMPED SD OR KD WITH MAXIMUM 19% MOISTURE CONTENT

WINDOWS IN GABLE

6:12 SLOPE

6:12 SLOPE

NEW 2"x4" @ 16" o.c. IN GABLE END (TYP.)

EXISTING 2"x8x @ 16" o.c.

GUARD AS PER OBC SB7 2-2"x10"

THE USE OF FINGER JOINTED STUDS WILL NOT BE PERMITTED IN LOAD-BEARING WALLS.

12. BUILT-UP BEAMS AND POSTS SHALL CONSIST OF MINIMUM 2 MEMBERS. MINIMUM LINTEL SHALL BE 2-38mmx235mm (2"x10") UNLESS NOTED OTHERWISE.

2"x10" LEDGER BOARD NAILS TO EA. STUD. ALL AROUND

2"x10" CONT’ W/ 2" TOP PLATE AND 2-2"BOTTOM PLATE

13. TWO- AND THREE- PLY CONVENTIONAL BEAMS TO BE ATTACHED TOGETHER USING 3" 10Ø SPIRAL WIRE NAILS @ 12" o.c. IN 2, 3, AND 4, ROWS FOR 2x6, 2x8 AND 2x10 AND DEEPER BEAMS TO BE ATTACHED TOGETHER USING 2 ROWS OF 6" LONG SSDS SCREWS @ 24"o.c. ON BOTH SIDES, STAGGERED UNLESS NOTED OTHERWISE

3-2"x4" POST

16. INSTALL DOUBLE CRIPPLES UNDER LINTELS UNLESS NOTED OTHERWISE.

SCALE:1/4"= 1’-0"

3-2"x4" POST

2-2"x10"

9.5:12 SLOPE

S-100

PLAN: STORAGE LOFT

NEW 2"x4" @ 16" o.c. IN GABLE END (TYP.) 3-2"x4" POST

2-2"x6" COLLAR TIES AT ALT. RAFTERS MAX 6" ABOVE TOP PLATES (TYP.)

1’-6"

NEW CONT. 2"x10" HEADER (SEE PLAN)

MIN 2-2"x4" EA. SIDE

AREA OF NEW STRUCTURAL WORK

UP

REPLACE WINDOW

16’-2"

2- 2"x10" W/ 2" TOP AND BOTTOM PLATE

2- 2"x10" W/ 2" TOP AND BOTTOM PLATE

2"x8x @ 16" o.c.

2"x8x @ 16" o.c.

2-2"x10"

9’-6"

16’-2"

15’-0"

EXISTING 2"x4" STUDS @ 24" o.c.

2- 2"x10" CONT’ W/ 2" TOP AND BOTTOM PLATE

PREVIOUS ROOF LINE

2’-1"

REPLACE WINDOW

CONT. 2"X10" HEADER (TYP.)

2-2"x6" COLLAR TIES AT ALT. RAFTERS MAX 6" ABOVE TOP PLATES (TYP.)

15’-0"

EXISTING FLOOR

2"x4" OUTRIGGERS @ 16" o.c. (TYP.)

3-2"x4" POST

NEW ROOF PLAN

8’-5"

EXISTING STEPS

EXISTING FLOOR FFL @ -18" o.c. REPLACE WINDOW

4

15’-9"

17. SHEATHING - UNLESS NOTED OTHERWISE: ALL SHEATHING SHALL BE ORIENTED STRAND BOARD (OSB) CONFORMING TO CSA-0325-16 & CSA 0437. AND THE ONTARIO BUILDING CODE ( PART 9)

MIN 2-2"x4" POST

EXISTING STUD WALL TO BE REMOVED

2- 2"x10" CONT’ W/ 2" TOP AND BOTTOM PLATE (TYP.)

2"x8x @ 16" o.c.

WINDOWS IN GABLE

PROVIDE BLOCKONG UNDER RAFTERS (TYP.)

2"x8x @ 16" o.c.

NEW 2"x4" @ 16" o.c. IN GABLE END (TYP.)

NEW 2"x4" @ 16" WALL BETWEEN EXISTING TOP PLATES AND u/s NEW HEADER

9.5:12 SLOPE

15. IN WALLS PROVIDE CONTINUOUS 2x6 TOP PLATE AND STAGGER LAPS AT HOLES OR BREAKS IN CONTINUOUS TOP PLATE PROVIDE 1 1 4"x 20" x 1 16" WITH 4-3" LONG NAILS EACH SIDE (8" TOTAL)

MAX. 10’-0" CLEAR

MIN 3-2"x4" POST

14. TWO- AND THREE- PLY BUILT-UP COLUMNS TO BE ATTACHED TOGETHER USING ONE ROW OF 3" 10Ø NAILS @ 12" o.c.. FOUR- AND FIVE- PLY BUILT UP COLUMNS TO BE ATTACHED TOGETHER USING ONE ROW OF 6" LONG SSDS SCREWS @ 24" o.c. ON BOTH SIDES, STAGGERED//

CONT. 2"X10" HEADER (TYP.)

MIN 2-2"x4" EA. SIDE (TYP.)

MIN 2-2"x4" POST

2"x10" @ 16" o.c. 10’-0"

11. UNLESS NOTED OTHERWISE, ALL FRAMING, BRIDGING, BLOCKING AND NAILING SHALL BE IN ACCORDANCE WITH PART 9 OF THE ONTARIO BUILDING CODE. PROVIDE 38mmx38mm (2"x2") BRIDGING AT 2100mm (7’-0") ON CENTER FOR ALL SPANS GREATER THAN 3000mm (10’-0"), WITH 13mm (1 2") GAP BETWEEN BRIDGING.

2-2"x6" COLLAR TIES AT ALT. RAFTERS MAX 6" ABOVE TOP PLATES (TYP.)

NEW SLIDING DOOR

NEW 2"x10" @ 16" o.c. & MIN 5 " PLYWOOD SUBFLOOR 8

REPLACE WINDOW

10. ALL LVL MUST BE 2.0E 3100fB UNLESS OTHERWISE NOTED

16’-2"

MIN. 5 8" PLYWOOD

EXISTING 2"x8x @ 16" o.c.

15’-9"

NAILING OF FRAMING MEMBERS MUST CONFORM TO TABLE 0.23.3.4. AND TABLE 9.23.13.8 WITH MINIMUM PENETRATION IN SUPPORT MEMBER OF 38mm. GYPSUM BOARD TO BE FASTENED TO SUPPORTING MEMBER WITH NAILS OR SCREWS CONFORMING THE GUIDELINES IN SECTION 9.25.5.

EXISTING 2-2"x10"

11’-9"

FRAMING ANCHORS SHALL BE ZINC. COATED SHEET STEEL CONFORMING TO CSA STANDARDS

11’-9"

UP

3-2"x4" POST

NOTE: MEZZANINE FRAMING TO BE AT HEIGHT OF STUD SPLICE

REPLACE EXISTING 2"x4" STUDS @ 24" o.c. (TYP.) w/ NEW FULL HEIGHT 2"x4" @ 24" TO NEW 2"x10" HEADER

NEW SLIDING DOOR

7’-3"

STANDING SEAM METAL ROOFING & MIN. 1 2" PLYWOOD (TYP.)

20’-6"

2"x4" OUTRIGGERS @ 16" o.c. (TYP.)

NEW SLIDING DOOR

ALL WOOD FRAMING TO BE S.P.F. No. 2 OR BETTER, SURFACE DRY AT 19% MOISTURE CONTENT.

EXISTING DOOR

EXISTING DECK 2

2021/12/06

ISSUED FOR PERMIT/ VARIANCE

1

2021/12/02

ISSUED FOR CLIENT REVIEW

DATE

STAMP:

REPLACE EXISTING 2"x4" STUDS @ 24" o.c. (TYP.) w/ NEW FULL HEIGHT 2"x4" @ 24" EXCEPT AT STORAGE LOFT (TYP.)

VERIFY ALL DIMENSIONS WITH EXISTING CONDITIONS.

REPLACE WINDOW

15’-3"

15’-3"

EXISTING 2"x4" STUDS @ 24" o.c. ADD 2-2"x10" & 2"x4" PLATE TO TOP

GENERAL

DESCRIPTION

NORTH ARROW:

2021/12/06

PROJECT NAME AND ADDRESS:

DEVIL LAKE COTTAGE 547 WEST DEVIL LAKE ROAD

EXISTING COTTAGE

NEW SLIDING DOOR

2’-3"

3-2"x6" POST

REPLACE WINDOW

REPLACE WINDOW 15’-3"

EXISTING FOUNDATION TO REMAIN

6:12 SLOPE

DRAWING NAME:

PLANS AND ELEVATION

6:12 SLOPE 2"x4" OUTRIGGERS @ 16" o.c. (TYP.)

3 S-100

SOUTHWEST ELEVATION SCALE:1/4"= 1’-0"

2

PLAN: ROOF

1

S-100

SCALE:1/4"= 1’-0"

S-100

PLAN: GROUND FLOOR

DESIGNED BY: C. DAVIES

SCALE:1/4"= 1’-0"

DRAWN BY: A. WITTICH DATE: 2021-11-19

Page 155 of 304

PROJECT #: 20-129

S-100

Inset Map

AD RO

Devil Lake

CON 11 PT LOT 8 RP 13R217 PART1 DEVIL LAKE

520 WEST DEVIL LAKE LANE

Devil Lake

SL A

N

E AN

ES T

M

L L KEL

A

W

VI DE

CA ND E W R

© 521 WEST DEVIL LAKE LANE

521 WEST DEVIL LAKE LANE

E

LA VIL DE

KE

PL-ZNA-2022-0021 (BARRY)

Devil Lake 552 WEST DEVIL LAKE LANE 552 WEST DEVIL LAKE LANE

535 WEST DEVIL LAKE LANE

547 WEST DEVIL LAKE LN Legend

Subject Property

560 WEST DEVIL LAKE LANE

Road

Railway

Assessment Parcel

DEVIL LAKE LANE W

W

T ES

V IL DE

Provincially Significant Wetlands

E AN EL L AK

Wetland

543 WEST DEVIL LAKE LANE

Wooded Area

Lake Trout Lake - At Capacity Water

Township Boundary

547 WEST DEVIL LAKE LANE

DEVIL LAKE LANE W

569 WEST DEVIL LAKE LANE

569 WEST DEVIL LAKE LANE

Devil Lake

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2020.

Page 156 of 304

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

Scale 1:1,000 589 WEST DEVIL LAKE LANE

0

10

20

40

Meters

UTM Zone 18 NAD 83

Date: 2022-02-16

February 25, 2022

File: MV/FRS/47/2022

Sent by E-mail Ms. Michelle Hannah, Planning Assistant Township of South Frontenac P.O. Box 100 Sydenham, ON K0H 2T0

Dear Ms. Hannah: Re:

Application for Minor Variance PL-ZNA-2022-0021 (Barry) Part of Lot 8, Concession 11; 547 West Devil Lake Lane Bedford District, Township of South Frontenac Waterbody: Devil Lake

Cataraqui Conservation staff have reviewed the above-noted application for minor variance and provide the following comments for the Committee of Adjustment’s consideration. Summary of the Proposal The proposal involves increasing the pitch of a cottage roof by raising it approximately 1.8 metres in height. The variance is requested to: • Increase the height of a structure by approximately 1.8 metres, contrary to Section 5.10.2 of the South Frontenac Zoning By-law. Site Description The property is located on the north shore of Devil Lake. The topography of the property can be described as rising slowly from the shoreline toward the existing dwelling at approximately a 4 (horizontal) to 1 (vertical) slope. Currently, the property contains the cottage and a shed. The property is designated ‘Rural’ in the Official Plan and zoned ‘Limited Service Residential – Waterfront Zone’ (RLSW) in the implementing Zoning By-law. Devil Lake itself is designated as a moderately sensitive Lake Trout Lake in the Official Plan.

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

Page 157 of 304

Page 2 of 4

Discussion The main interests of Cataraqui Conservation with respect to this application are the avoidance of natural hazards (e.g. flooding and erosion) associated with the shoreline of Devil Lake, and the protection of the water quality of the lake. Natural Hazards Flooding: The maximum recorded water level for Devil Lake is 131.96 metres geodetic. For Devil Lake, the maximum recorded water level is used in lieu of an engineered flood plain. Cataraqui Conservation’s Guidelines for Implementing Ontario Regulation 148/06 (see description below) requires that all development be set back a minimum of 6 metres from the regulatory floodplain of a waterbody. Staff note that the existing structure is located within the 6 metre adjacent lands to the hazard (flood plain) and not within the flood plain hazard itself. Since the structure is already there, staff do not believe that the proposal will further restrict access to the flood plain, and thus not further aggravate the hazard. Erosion: Cataraqui Conservation defines the extent of potential erosion hazards to include an allowance for toe erosion, a stable slope allowance for bedrock shorelines of 3(h):1(v), plus an erosion access allowance of 6 metres. Based on an estimated 0.5 metre high slope, the total erosion hazard allowance is anticipated to be approximately 7.5 metres measured horizontally inland from the stable toe of slope at the shoreline. Staff note that the existing structure is located within the 6 metre adjacent lands to the hazard (stable slope allowance) and not within the stable slope hazard itself. Since the structure is already there, staff do not believe that the proposal will further restrict access to the slope, and thus not further aggravate the hazard. Staff have no concerns with the proposal from a natural hazard perspective. Water Quality Section 2.2 of the Provincial Policy Statement (PPS) suggests that planning authorities should seek to protect, improve or restore the quality and quantity of water. Accordingly, the Official Plan and Zoning By-law for the Township of South Frontenac provide guidance with respect to how development should occur in consideration of protecting, improving and restoring water quality within the municipality. Similarly, Cataraqui Conservation’s Environmental Planning Policy (EPP, 2021) contains provisions that seek to support these objectives. The Planning Policy Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@crca.ca • 613-546-4228 • CataraquiConservation.ca

Page 158 of 304

Page 3 of 4

recommends that new development and site alteration, including septic system tile fields and open or enclosed decks/patios attached to the main dwelling, be set back a minimum distance of 30 metres from the highwater mark of a waterbody. However, the Planning Policy also suggests that new development within the water setback may be considered when there are no reasonable alternatives for locating the development outside of the water setback area, the development is no closer to the water than existing buildings or structures on the property the development complies with the maximum lot coverage provisions of the Zoning By-law, and suitable methods to minimize negative impacts on water quality are incorporated into the development. The development proposal is in a reasonable location since the proposal simply involves raising a roof on an existing structure, the proposed development will not be closer to the water than existing development, and there will be no change to lot coverage. Due to the close proximity of the development to the shoreline of Devil Lake, staff recommend that roof runoff be directed away from the waterfront to protect the water quality of the lake. Recommendation Staff have no objection to the approval of application PL-ZNA-2022-0021 based on our consideration for natural hazards, natural heritage, and water quality and quantity protection policies. Ontario Regulation 148/06 Please note that the development is subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, which is administered by Cataraqui Conservation. The purpose of the regulation is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected by natural hazards, such as flooding and erosion, and that the changes do not put other properties at greater risk from these hazards. Within a regulated area, written permission must be obtained from Cataraqui Conservation prior to development taking place. Please inform this office of any decision made by the Committee with regard to this application. If you have any questions, please contact the undersigned at 613-546-4228 ext. 244, or by e-mail at aschmidt@crca.ca

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

Page 159 of 304

Page 4 of 4

Yours truly,

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

Anna Geladi, South Frontenac Township (via e-mail)

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

Page 160 of 304

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: April 14, 2022 Permission Application (S. 45(2) of the Planning Act) Subject: PL-ZNA-2022-0021 (Barry) – 547 West Devil Lake Lane, District of Bedford

Summary This application is requesting permission to enlarge a legal non-conforming building, by increasing its height, located within 30 metres of the highwater mark of Devil Lake. This report recommends that the Committee of Adjustment grant approval of this application for permission to enlarge a legal non-conforming building, per section 45(2) of the Planning Act, subject to conditions.

Background Official Plan Designation: Rural Zoning: Limited Service Residential Waterfront - RLSW

Relief Requested The application seeks permission to enlarge a seasonal dwelling under Section 45(2) of the Planning Act, by increasing its height, within 30 metres of the highwater mark.

Discussion/Analysis Property Description The subject property is located at 547 West Devil Lake Lane and has an area of approximately 0.33 hectares (0.82 acres) and approximately 88 metres (289 feet) of water frontage on Devil Lake and 87 metres (287 feet) of frontage on West Devil Lake Lane. West Devil Lake Lane is accessed from Devil Lake Road. The property is in an area of similarly developed waterfront residential properties.

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

Page 161 of 304

Township of South Frontenac Staff Report - PL-ZNA-2022-0021 (Barry) – 547 West Devil Lake Lane, District of Bedford

The subject property is located on the peninsula near the end of West Devil Lake Lane. The property rises slowly over the depth of the property from Devil Lake to a relatively flat area. The area on the west side of the subject property is predominantly forested. The property is developed with a seasonal dwelling, a shed, and associated sewage system. There is an attached deck on the west side of the seasonal dwelling. The seasonal dwelling is setback 1.8 metres (6.5 feet) from the highwater mark on the property and 19 metres from the highwater mark on the north side of the lane. It is setback 13 metres (43 feet) from West Devil Lake Lane. It is located on the east side of the property. The seasonal dwelling has a height of 3.8 metres (12.5 feet) and is a single storey. The seasonal dwelling has a floor area of 65.4 square metres (704 square feet). The attached deck has a floor area of 11.9 square metres (128 square feet). The total floor area is 77.3 square metres (832 square feet). The shed is located to the north-west of the dwelling, closer to West Devil Lake Lane. The shed has a floor area of 9.2 square metres (100 square feet). The sewage system is located between the shed and the dwelling, to the west of the dwelling.

Summary of Proposal The proposal is to increase the height of the seasonal dwelling by 2 metres (7 feet) to a maximum height of 6 metres (19.5 feet). This proposal is being applied for to repair, renovate and strengthen the roof of the seasonal dwelling to a safe condition. The increase in roof pitch will provide a more structurally sound, resilient and durable roof. The applicants note on their application that no square footage is being added to the floor plan, all of the existing walls will remain in place and that only the roof will be removed and replaced with a proper 5/12 pitch. The applicants are seeking permission retroactively, as the building is under active renovation and the roof has already been replaced. It is the understanding of Planning Staff from communication with the applicant and the Chief Building Official that the roof repair was needed as it had sustained considerable damage over the two seasons the applicants were away during the pandemic travel restrictions. The CBO provided permission in the winter 2021 to finish putting the new steel roof on to protect against winter conditions. The applicants noted that they were not aware zoning permission was required to increase the height of the building as the intent was only to repair the structural integrity of the roof to a modern-day standard. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 162 of 304

Township of South Frontenac Staff Report - PL-ZNA-2022-0021 (Barry) – 547 West Devil Lake Lane, District of Bedford

Planning staff noted during a site visit that new doors have been installed that face and provide access to the lake. The applicants indicated that the doors were installed because windows that size were not available due to the pandemic and they will be installing a metal railing outside to prevent a fall. No deck is proposed outside the new doors.

Department and Agency Comments Building Services noted that they have no objections to the application. Building Services noted that when they came across the property and noticed that construction was happening, they left an inspection report advising the owners to obtain a building permit and that a minor variance would be required. The applicants are aware that they need to submit a building permit application whether or not the subject application is approved. Cataraqui Conservation provided comments on February 25, 2022 which indicate that Staff have no objection to the approval of the application. It was noted that for Devil Lake, a maximum recorded water level is used in lieu of an engineering flood plain. They note that the dwelling is located within the 6 metres setback from the floodplain and erosion hazards required under O. Reg. 148/06, but is not located within the flood plain or erosion hazard itself. It is their opinion that because the dwelling is already existing, the proposal to increase the height will not restrict access to the floodplain or slope and will not further aggravate the existing situation relative to natural hazards. Cataraqui Conservation Staff note that the development proposal is in a reasonable location since the proposal involves raising a roof on an existing structure. The proposed development will not be located any closer to the water than existing development and will not change lot coverage. They recommend that due to the close proximity of the development to the shoreline of Devil Lake, that roof run-off be directed away from the waterfront to protect the water quality of the lake. Cataraqui Conservation Staff confirmed that a permit under O. Reg. 148/06 is required for the renovation and increase in height. The applicant must initiate this application process prior to the building permit stage.

Public Comments No comments were received from the public at the time of the writing of this report.

Planning Analysis The property is zoned RLSW, so the seasonal dwelling is a permitted use. The use of the property will not change as a result of this application. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 163 of 304

Township of South Frontenac Staff Report - PL-ZNA-2022-0021 (Barry) – 547 West Devil Lake Lane, District of Bedford

Section 5.10.2 of Zoning By-law No. 2003-75 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, making them legal non-conforming. The existing dwelling is a legal nonconforming building because it was constructed in 1964 (according to the application), and because it is setback 1.8 metres and 19 metres from the highwater mark of Devil Lake. This application is seeking permission to increase the height of the existing dwelling from 3.8 metres (12.5 feet) to 6 metres (19.5 feet) in order to increase the pitch of the roof. In this situation, the Committee of Adjustment should consider whether to grant permission to enlarge the legal non-conforming building under Section 45(2) of the Planning Act. According to the applicants, the increase in the height of the seasonal dwelling is proposed to provide a roof structure capable of accepting a durable long-lasting aluminium roof and withstand winter conditions. To do this, the roof pitch must be increased to a minimum of 5/12 slope increasing the overall roof height. It will not result in an increase in floor area or living space. The 2 metre increase in building height will not have an adverse visual impact, such a loss of sunlight, privacy and views, on the properties to the west and east as they are separated by a forested area. The topography and shape of the shoreline also provides separation. The dwelling is setback far enough from the lane and due to the nature and curve in the lane, the dwelling is not the focus point relative to existing surrounding development. According to Cataraqui Conservation, although the dwelling is setback 1.8 metres (6.5 feet) from the highwater mark of Devil Lake it is located outside the floodplain and erosion hazards associated with the lake. The proposal is for an increase in height and which will not aggravate the existing situation created by the existing structure. The slope and angle of the roof will direct water away from the lake. Township Staff support the recommendation provided by the Conservation Authority that roof runoff be directed away from the lake to protect the water quality of the lake and soil erosion. Requiring a development agreement as a condition of approval will ensure that the proposed development is undertaken in accordance with the Township environmental standards, including how to manage roof runoff. The additional height is not expected to have an impact on the water quality of the lake. The increase in height will provide a roof structure that is more functional and structurally sound specifically when dealing with winter conditions and maintenance. This will provide for safer conditions on the subject property.

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

Page 164 of 304

Township of South Frontenac Staff Report - PL-ZNA-2022-0021 (Barry) – 547 West Devil Lake Lane, District of Bedford

The existing dwelling is compatible with the established built form and character of the surrounding properties. Furthermore, the use of the dwelling and the property is not proposed to change through this application. It is the opinion of staff that it is appropriate for the Committee of Adjustment to grant permission to enlarge the legal non-conforming dwelling, 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 posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies

Recommendation That the Committee of Adjustment receive comments from the public and, pending comments received, approve application PL-ZNA-2022-0021, subject to the following conditions:

1. Permission is granted to enlarge the legal non-conforming dwelling on the subject property. The existing dwelling is permitted to have a maximum building height of 6 metres (19.5 feet) as per the Site Plan and Plans and Elevation drawing (both D+M Structural Engineering, revision 3, 2021/12/06, that will be attached to the Decision as Schedule “A”.
2. A building permit is required for ALL construction and demolition on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac.
3. A development agreement will be required to be registered on title to address Environmental Protection policies of the Township, including how to manage roof runoff.

Report Prepared By: Anna Geladi, MCIP, RPP, Planner

Reviewed By: Christine Woods, MCIP RPP, Senior Planner

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

Page 165 of 304

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE OR PERMISSION Updated January, 2022

provided

the Committee is of the opinion

Requirements

Planning Fee: $979.00 $1,343.00 _j $2,058.00 $97.00 $97.00 $97.00

TOTAL: '

$1,440.00 $2,1055.00

_] $1,076.00

IBuilding Admin Fee:

7

V

Township of South Frontenac Minor Variance Only Minor Variance WITH Performance Review Minor Variance in combination with a new Class 2, 3, 4, or5 sewage system other than a Class A system

$1’183'0Ov

$72900

$46300

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

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

1. It is required that one (1) copy of this application be filed with the Secretary-Treasurer of the Committee of Adjustment, together with the SKETCH referred to in Note 3 (below), accompanied by a NON-REFUNDABLE FEE in accordance with the chart below in cash, debit or by cheque made payable to the Township of South Frontenac.

Application

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

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

The Committee of Adjustment is a Committee of eight persons appointed by Township Council. The Committee is formed under Section 45 of the Planning Act R.S.O. 1990, Chapter P.13, to authorize a minor variance from a zoning by—|aw.

(§"“—=-=-

SOUTH .31fZ\\ FRONTENAC

15%

Page 166 of 304

Page 167 of 304

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

4. Collection of Personal Information

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

3. PLEASE READ THIS ITEM CAREFULLY

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

Page 168 of 304

1_

File No:

Delan Jinapriya and Isabella Irrcher

Tess Gilchrist’“3! Group

Bedford

Concession Number:

District:

C°“°e35i°“

The description of the subject land:

—STgnaLuie\s} Ul UWlIUl\5)

2

Portland

Lot Number:

Pa” °f Lot 13

X1Loughborough

Storrington

Agent as named above is hereby authorized to act on behalf of the owners for purposes of pro

Email Address of Authorized Agent: __

Phone number of Authorized Agent:

Full Mailing Address of Authorized Agent:

Name of Authorized 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, must accompany the application.

Email Address of Owner(s):

Phone number of Owner(s):

Full Mailing Address of Owner(s): _

Name of Owner(s):

Date Received:

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.0. 1990, c. P.13 as amended

10.

Page 169 of 304

Approx. 70 metres

31-7 metres Area.

Yes

lXNo

N/A

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

Red Maple Lane

Name of Road/Lane:

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

The subject propert?an existing undersized waterfront lot of record which currently contains a dwelling, boathouse and detached garage.

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

Section 10.3.1 & 5.8.2 a with respect to waterbody setback; Section 5.8.2b with respect to top of bank setback and 10.3.1 with respect to lot coverage for principal building.

The nature and extent of the relief from the Zoning By-law: Please see Planning Rationale for details.

—

285 metres

1913.9 square metres (0.19 ha)

Frontage (on road/lane):

Residential Limited Service Waterfront (RLSW)

The current zoning of the subject land:

Depth.

Frontage (on water):

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

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

Page 170 of 304

Residential

13.The proposed uses of the subject land:

water mark

51.4 m

m ’{0 14343 0“Q’“3’hlgh

Setback from High Water Mark (If applicable)

L

J

Approx‘ 4'5 m 1-5'5,“-Hey

50.2 sq.m. (540 sq. ft)

m 2_StOrey

7_82

7.71 m (west) 12.5 m (east)

4'86 m

160.7 sq.m. (1730 sq. ft)

L

m

m (west) 874 m (east)

5_93

33_7

Detached Garage

arggamalri 51-4 m

(2)

Dimensions of Floor Area

(Also indicate if it is one story or two story)

Height of Building

Setback from Side Lot Line

Setback from Rear Lot Line

4

14.43 m to I h- h

Dwelling

Setback from Front Lot Line

_

Pnncl-pal

_

Type o f St ruc t ure (EIQIresidence)

(1)

635 m

0 metres

Boathouse

indicate:

0 metres

40.2 sq.m. (433 sq_ ft)

Approx. 4.5 m 1_5_Stor-ey

4-15 m (east)

(3)

12. Ifthe answer to item 11 is yes, for EACH building or structure

L

L

(4)

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

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

17.6 m to original high water mark

182-8 Sq’m’ (1968 Sq” ft)

8.7 m 2-storey

51-1 m

3:

57.3 s .m. ft) (517

1.5—storey

Approx 4-5 m

3.0 m (west) 15.8 m (east)

(3)

(4)

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

Setback from High Water Mark (If applicable)

Outside Dimensions of Building/Structure

story or two story)

Hei ht of Building (Alsogindicate if it is one

5.31 m (west) 8.52 m (east)

26.7 m

Setback from Rear Lot Line

Setback fmm . Side L0* L.me

5-04 m

Water mark

Detached Garage

gzgisnrglt?igh 51.1 m

Dwelling

(2)

Setback from Front Lot Line

(E-9- Tesldence)

TYPEOf 3_tTUCtU|‘e Principal

(1)

15. Ifthe answer to item 14 is yes, for each proposed addition, building or structure indicate:

NOTES:

Page 171 of 304

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

(d)

MNo

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

Private well on the waterfront side of the dwelling to remain.

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

Plan of Subdivision registered in 1969.

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

Unknown.

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

2010

IXNo

No

MYes

Increase in living space

(c) Yes

No

in Yes

(b)

Increase in plumbing fixtures

increase in number of bedrooms

(a)

X No

Yes

Yes

What are the uses of the proposed development?

if yes, please provide details:

Do your plans include the RAISING of an existing structure?

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

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

Page 172 of 304

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

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

[X No

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

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

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

The location of all abutting (neighbours’) lands.

The approximate location of all natural and artificial features on the subject land and on the land that is adjacent to the subject land. Examples include buildings, railways, roads, watercourses, drainage ditches, river or stream banks, barns, wetlands, wooded areas, wells and septic tanks. Show distance of these features from the applicant’s property

i)

ii)

iii)

iv)

V)

29. A SKETCH must be submitted showing the following:

Yes

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

application and the status

Ifthe answer to question 25 is yes, please give the file number of the of the application.

lXlNo

Yes

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

Page 173 of 304

Without limiting the foregoing, such fees and expenses shall include the fees and expenses of consultants, planners, engineers, lawyers and such other professional and technical advisors as the municipality may, in its absolute discretion acting reasonably, consider necessary or advisable to more properly process and support the application.

The Owner/Applicant/Agent agrees to reimburse and indemnify the municipality for all fees and expenses incurred by the municipality to process the application, including any fees and expenses attributable to proceedings before the Ontario Municipal Board or any court or other administrative tribunal if necessary to defend Council’s decision to support the application.

The Owner/Applicant/Agent agrees that the information recorded in this Minor Variance Application Form is accurate. The Owner/Applicant/Agent agrees that representatives of the Township and, where applicable, the appropriate Conservation Authority, may enter onto the subject property for the purpose of determining the appropriateness of the site for the proposed development.

Attached to this application is a cheque payable to the Township of South Frontenac representing payment of the application fee.

AGREEMENT TO INDEMNIFY

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

The Owner/Applicant/Agent further agrees that, until such requests have been complied with, the municipality will have nocontinuing obligation to process the application or attend or be represented at the Ontario Municipal Board or any court or other administrative proceeding in connection with the application:

The Owner/Applicant/Agent further agrees to provide the municipality, upon request and in cases where an application has been appealed to the Ontario Municipal Board, with a deposit (over and above the normal application fee), from which the municipality may, from time to time charge any fees and expenses incurred by the municipality in order to process the application. If such appeal expenses exceed the deposit, the Owner/Applicant shall pay the difference forthwith upon being billed by the municipality, with interest at the rate of 1.25% per month (15% per annum) on accounts overdue more than 30 days,

Page 174 of 304

Page 175 of 304

Form

—

Nature and Extent of Relief: This question is asking what you are asking to do that requires the variance for example, it could be that you are asking to be 25 m rather than 30 m from the high water mark, or that you are asking to increase the height of a structure within 30 m of the high water mark, or that you are seeking a variance to construct an accessory building closer to the front lot line than the principal building.

5. Current zoning: You may not be aware ofthe zoning on your property and this can be determined when you come in for pre—consu|tation with planning staff.

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

—

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

4. You may wish to appoint someone to act on your behalf during the variance process. If so, that person’s name, address and phone number should appear here All owner’s must sign the authorization.

5. The names of all owners must appear in this section, even if they live in separate residences, and the address(es) should be the full mailing address, complete with postal code.

A Guide to Completing the Minor Variance

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

Page 176 of 304 —

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

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

16. Demolition: All demolition requires a permit from the building department. In some instances, a proposed addition or increase in height cannot be accomplished without the removal of existing walls. If this is not made clear to the Committee at the beginning of the process, you may find that, although you are granted permission to add on to your residence, you can’t actually do it because you have not made it clear that there is demolition involved.

17. Description of new construction: ALL proposed new development must be described here. If you are proposing to construct an addition to a dwelling, and to add a deck, please show this information in separate columns.

—

14. Proposed structures: If you are planning to build ANYTHING on the property, the answer to this question is “yes” This includes additions, decks, garages, septic systems.

15. Proposed Uses: Generally, the answer to this question will be the same as the answer to #10, but if, for example, the land is currently vacant, and you are planning to construct a dwelling, then the use to be described in section 10 would be “vacant recreational land’’, and the use described in section 13 would be “residential”

16. Description of buildings and structures: You must complete all sections of this question for each structure on your property. If there is a deck on your dwelling, please describe it separately from the residence.

17. Buildings: If there are ANY buildings or structures on the property now, the answer to this question is “yes”.

18. Existing Uses: e.g. residential, retail business, vacant recreational land

19. Parking and Docking: This question is only relevant is you can only access your property by water.

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.0. 1990, c. P.13 as amended

Page 177 of 304

—

30. Agreement to Indemnify: Must be signed in front of a commissioner of oaths you may have this done before submitting the application, or sign the application in front of staff who can sign as commissioners. All owners must sign the application, or it can be signed by an agent if one has been appointed.

31. SKETCH: We cannot stress enough the importance of a detailed, accurate, and complete sketch. You do not necessarily need to contract with a professional to draw the sketch, but sketches that are not drawn to scale, do not show dimensions and distances, or are not drawn neatly (PLEASE USE A RULER), will not be accepted.

32. If yes: If there has been a previous variance granted on the property, please indicate the application number if known, and what the details of the variance were.

33. Minor variance: Has there ever been a minor variance granted on the property? If you are longtime owner of the property, you will probably be aware of any other special permission granted for a variance to the zoning by—law.If you are a new owner, the seller will probably have made you aware of this.

34. If yes: If there is a current application for severance or subdivision on the property, please indicate the file number. (Staff can help provide this information)

35. Application for consent: is there currently an application for consent (severance) being proposed for the property?

36. Drainage: Are there specific ditches that have been constructed to deal with drainage; is there natural drainage, etc.?

37. Septic: in most cases the answer will be private sewage system, but there may be some privies.

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

Page 178 of 304 Front Elevation

.(

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Page 179 of 304

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Page 181 of 304 4

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Page 182 of 304

Ij_I

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I-:“l

—

The subject property is designated ‘Rural’ in the Township of South Frontenac Of?cial Plan. The Township’s Zoning By-law 2003-05 places the subject property in the Residential Limited Service Waterfront ‘RLSW’ Zone. The subject property is located in the west basin of Loughborough Lake, a waterbody identi?ed as a Highly Sensitive Lake Trout Lake.

The subject lands are municipally addressed as 4508 Red Maple Lane and are legally described as Lot 15 of Plan 1546 in the Geographic Township of Loughborough (herein referred to as the “subject property”). The subject property is developed with an existing dwelling, boathouse and detached garage.

This Planning Rationale is provided in support of an application for Minor Variance to permit the reconstruction of a single-detached dwelling and detached garage, as well as the replacement of an existing sewage system, on a waterfront parcel on Loughborough Lake. The application seeks variances to decrease the required waterbody setback from 30 metres to 17.6 metres for a principal building, reduce the required top of bank setback from 15 metres to 6 metres and increase the maximum lot coverage for a principal building from 8.4% to 9.5% (22.1 square metres).

1.0 Introduction

APPLICATION FOR MINOR VARIANCE 4508 RED MAPLE LANE LOT 15 PLAN 1546 GEOGRAPHIC TOWNSHIP OF LOUGHBOROUGH IBI FILE NO. 135654

Dear Ms. Geladi:

Anna Geladi Township Planner Township of South Frontenac 4432 George St. Box 100 Sydenham, ON KOH 2T0

February 14, 2022

IBI GROUP 650 Dalton Avenue Kingston ON K7M 8N7 Canada tel 613 531 4440 ibigroup.com

Page 183 of 304

—

February 14, 2022

Site Plan Planning Rationale Letter Concurrent Sewage Permit

2

The subject property has an area of approximately 0.47 acres (0.19 hectares) with approximately 31.70 metres of frontage on Loughborough Lake. The lot is approximately 70 metres deep and has 28.5 metres frontage on Red Maple Lane.

The subject property is an existing developed waterfront lot with a dwelling, boathouse and detached garage. lt fronts the west basin of Loughborough Lake, a section of the lake which has been identified as a Highly Sensitive Lake Trout Lake. The subject property is accessed by Red Maple Lane, a private lane maintained by the residents of the lane.

Site Overview

3.0 Site Characteristics

A site visit was conducted Friday, August 13, 2021 with the owner of the property, as well as Tess Gilchrist of lBl Group and Andrew Schmidt of Cataraqui Conservation. At the site visit, it was confirmed by Cataraqui Conservation that an Environmental Impact Assessment would not be required, nor a Slope Stability Study, given the characteristics of the nature of the existing shoreline and the exposed bedrock. Additionally, Cataraqui Conservation suggested that because the embankment’s bedrock is visible, a slope stability assessment was not required so long as the development achieves a setback of 6 m from the top of the bank; this is Cataraqui Conservation’s regulated setback for safe access (i.e. for construction equipment, etc.).

o

a

The Township identi?ed the following materials as being required in support of the application:

Anna Geladi

IBI GROUP

Page 184 of 304

—

February 14, 2022

3

Uses

Proposed Development

Additionally, the owners intend to retain a professional landscape designer to advise on how to implement stormwater management best practices such as promoting infiltration and keeping

No changes are proposed to the existing boathouse or shoreline, and the existing frame staircase providing access to the waterfront is to remain.

The owners are also proposing to replace the existing Class IVsewage system. The new sewage system would be located between the garage and dwelling, fully respecting the 30-metre waterbody setback.

Additionally, the owners wish to reconstruct the existing detached garage to function properly for the storage of two vehicles. The existing driveway is currently located on the western side of the property, is very steep and directs storm water to the bank and ultimately the lake. The proposed site layout would remove the existing asphalt driveway and locate a new driveway along the eastern property line to provide direct access to the dwelling. The reconstructed detached garage would remain in generally the same location; however, it would be setback farther to achieve the required 5 metre setback from a private lane. The proposed garage also respects the required 3metre interior side yard setback. The detached garage and boathouse also comply with the maximum permitted 5% lot coverage for accessory buildings.

The owners purchased the property in 2010 and currently reside in the existing dwelling, however the foundation is failing and the basement leaks. The owners have also discovered a radon issue that a new build would remedy. The ownerswish to reconstruct the dwelling on generally the same footprint, with a deck on the northwest corner of the dwelling and a small increase of 22.1 square metres ?oor area on the non-waterfront side ofthe dwelling. The proposed dwelling and deck have been setback an additional 3.2 metres to respect a 6-metre top of bank access allowance setback. The proposed dwelling would exceed the 3-metre interior side yard setback requirement on both sides and also respects the 10 metre height limit.

4.0

Immediately north of the property is Loughborough Lake. East and west of the subject property are similarly sized waterfront parcels containing residential dwellings. South of the subject property are forested tracts and fields used for farming.

Surrounding

The subject property is sloped towards Loughborough Lake, with a signi?cant downward slope near the water’s edge, with an exposed rock embankment. A frame staircase provides access to the water’s edge, which has been reinforced with a sheet pile wall and backfilled. It is understood that the shoreline modifications were completed by a previous owner in the 1970s or 19805.

Anna Geladi

IBI GROUP

Page 185 of 304

Anna Geladi

IBI GROUP

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Page 186 of 304

February 14, 2022

Policy Analysis

—

5

The proposed uses are permitted uses within rural lands in municipalities (1.1.5.2); The proposed development is compatible with the rural landscape and can be sustained by rural services (1.1 .5.4); No new public infrastructure or services are anticipated to be needed as a result of the applications (1.1.5.5); The development is not anticipated to negatively impact natural heritage features or their identified functions (2.1); and Existing development is outside areas of natural hazard and is not anticipated to negatively impact public health and safety. (3.1).

—

Waterfront Areas

Township

of South Frontenac

Official Plan

Planning Comment: The above noted policies are re?ected in the Township of South Frontenac Of?cial Plan (discussed below), and our comments and opinions on conformity with the local Of?cial Plan mirror those of the County OP. In order to reduce redundancy within this report, the planning opinion for the above noted policies are discussed in detail below.

7.1.4.4.1 Lake Trout Lakes

Private Services

Special Policies

L3 Rural Lands

The applicable policies of the County OP are identified below:

The Official Plan for the County of Frontenac was adopted by Council on 2014 and was approved by the Ministry of Municipal Affairs and Housing on January 11, 2016.

Official Plan for the County of Frontenac

The requested Minor Variance Application is consistent with the intent of the PPS.

0

o

o

0

The applications are consistent with the intent of the PPS as it supports:

The 2020 Provincial Policy Statement (PPS) came into effect on May 1, 2020. The PPS provides policy direction on matters of Provincial Interest. Section 3 of the Planning Act requires that municipal councils “be consistent" with the PPS in carrying out their responsibilities under the Act.

Provincial Policy Statement (2020)

5.0

Anna Geladi

IBI GROUP

Page 187 of 304

—

/P and Community Improvement

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6

a)

In areas identified by Council, development and site alterations in and adjacent to significant wildlife habitat, areas of natural and scientific interest, significant woodlands and significant

Policies for Devel_o_pmentor Site Alterations in Fish Habita_t,Significant Wildlife Habitat, Areas of Natural and Scienti?c lnteres_t, Woodlands and Valleylands

5.2.7 Environmenta?y Sensitive Areas

Planning Comment: The proposed redevelopment includes the installation of a new Class IV sewage system set as far back from the adjacent waterbody as possible. The system has been designed to ensure that on-site sewage management is completed to the highest possible standard for waterfront residential dwellings and is essential for minimizing the risk of contaminated groundwater leeching into Loughborough Lake.

To require the installation of private water supply systems and private sewage treatment systems in accordance with the requirements of the appropriate governmental agencies.

4.8.a Objectives

iii.

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‘V’ /‘ ‘ Figure 3 Excerpt from Schedule A of the Township of South Frontenac Of?cial Plan

/

February 14, 2022

4.8 Servicing

Anna Geladi

IBI GROUP

Page 188 of 304

February 14, 2022

7

All lands within 90 metres (295 ft.) of the highwater mark of all lakes and rivers which are not designated Environmental Protection are included as Environmentally Sensitive Areas. Where development and site alterations are proposed in Environmentally Sensitive Areas, it is the intent of this Official Plan that all buildings, campsites and structures not related to the use of the water and all sewage disposal system leaching beds be well set back from the highwater mark. More specifically, a minimum setback of 30 metres (98.4 ft.) from the highwater mark shall apply but greater setbacks may be required depending on conditions specific to individual sites. Vegetation within the setback area should be disturbed as little as possible consistent with pedestrian passage, safety, provision of views and ventilation. When considering views and ventilation, it is intended that only selective, minor tree cutting and trimming occur. The soil mantle within the setback area should not be altered. These measures are intended to minimize environmental and visual lake impacts by reducing phosphorus inputs, preventing erosion and by maintaining a natural appearance of the shorelines. No commercial or clear-cut logging shall be permitted within 90 metres 0 the highwater mark of all lakes and rivers or on lands sloping towards lakes within the Township.

—

Minor variance applications shall be accompanied by an Environmental Assessment prepared in accordance with Section 5.2.11 of this Plan.

Impact

Planning Comment: Because the new structure will be similarly located on the property as the current dwelling, no clearing of rock or vegetation is needed, and the existing landscape and shoreline shall remain unaltered. The new accompanying Class IV sewage system will also be

iv.

Development on adjacent to a sensitive lake trout lake must take place in a manner which does not negatively impact water quality in order to maintain a healthy lake trout population. All development or site alterations on or adjacent to a sensitive lake trout lake will be subject to site plan control.

or

5.2.8 Lake Trout Lakes

Understanding the existing physical constraints of the subject property, the proposed dwelling and sewage system have been located as far back as possible from the highwater mark.

Planning Comment: The residential dwelling currently on the property is within the 30-metre setback identified in Section 2.5.7.b. Due to the physical constraints of the subject property, the proposed new dwelling structure must be sited in generally the same location with an improved water setback to achieve the safe access allowance from top of bank. However, the new sewage system in its entirety will be located beyond the 30-metre setback. After a site visit with Cataraqui Conservation, it was determined that an Environmental Impact Assessment was not warranted because the shoreline will not be impacted by the proposal, and the new dwelling will be situated above it on a rock edge.

i.

Anna Geladi

lBl GROUP

Page 189 of 304

—

February 14, 2022

8

d) Limited service residential development shall be serviced by private water and sanitary sewage disposal systems. Such systems shall be approved by the appropriate authority.

Limited Service Residential Development Policies

e)

Limited service residential development possible a site’s

shall be designed to preserve as much as

Planning Comment: The proposed development will be serviced by a private well and sewage system. The owner has retained Groundwork Engineering to design an optimal Class IV septic system for the site.

(ii)

The proposed single detached residential dwelling is permitted in the Rural

The uses permitted shall be single detached residential dwellings, seasonal residential dwellings, seasonal dwelling converted to permanent dwellings and home occupations.

Permitted Uses

Planning Comment: Area.

(i)

Limited service residential development is generally located in the Rural area ofthe Township on a body of water or a natural watercourse where the primary means of access is from a private road or a navigable watenivay.

5.7.7 Limited Service Residential Policies

5.7 Rural

Planning Comment: Noted. An Environmental Impact Assessment was not deemed to be required for this application given the location of redevelopment in relation to shoreline conditions and the limited potential for ecological significance.

Should the municipality determine from the results of the preliminary assessment that a more detailed Environmental Impact Assessment is required, it shall be prepared by a qualified individual.

In considering any development or site alteration, including any planning amendments or variances within or adjacent to any Environmentally Sensitive Area, Provincially Significant Wetland, Signi?cant Portions of the Habitat of an Endangered or Threatened Species, or within 300 metres (984.3 feet) of a Sensitive Lake Trout Lake, Council, in consultation with the Conservation Authority, will require a preliminary Environmental Impact Assessment.

5.2.11 Environmental Impact Assessment

footprint increases by implementing stormwater management best practices, such as directing downspouts away from the lake, were also factored into the opinion that an EIA was not warranted.

Anna Geladi

IBI GROUP

Page 190 of 304

—

February 14, 2022

9

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Permitted Uses

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'

1’ PROTIISION_;l SECTION

Table 1 Zoning Matrix

'

7

‘7”

RELIEF ,

None

Yes

None

Yes

None

None

None

Yes

Existing

Existing

None

l;REQUIRED

A

“Vi

The Township of South Frontenac Zoning By—lawNo. 2003-05 places the subject property in the Residential Limited Service Waterfront ‘RLSW’ Zone. Table 1 identi?es the areas of relief requested through this application.

Township of South Frontenac Zoning By-law 2003-05

Anna Geladi

IBI GROUP

Page 191 of 304 5.24.4

5.24.6

Accessory Building Setback

Accessory

5.24.2

Accessory Building Location

5.8.4

5.8.2.b

February 14, 2022

5.24.1

—

Accessory Building Lot Coverage (max)

Anna Geladi

IBI GROUP

3m

Side Yard: 3 m

Front Yard: 30 m

Not closer to any lot line than required by this by—law

Rear of the projected front or exterior side wall of the main building

5%

Natural vegetative buffers should be maintained within 30 m (98.4 ft.) of the highwater mark

Within 15 m (49.2 ft.) horizontal of the top of bank of any embankment the slope of which is greater than 30%

No building or structure or septic tank installation shall be located:

horizontal of the highwater mark.

Within 30 metres

30 m

_

yard‘ 3 m

3 m

Sm

.

Front Yard: 51.1 m

Located to the rear of the front wall of the main building, being the waterfront side.

5%

All existing vegetation to remain.

Garage: > 30 m

Septic’

. _>

House: 6.0 m

None

None

None

None

Existing

Yes

10

Page 192 of 304

—

Planning Justification

Two (2) spaces for every dwelling unit 2

None

11

minor in nature?

Based on the above, the proposed variances are minor in nature.

The proposed sewage system achieves the 30 metre setback from the high water mark. The sewage system was laid out to make best use of the space available for wastewater treatment. The replacement of the sewage system will ensure that Loughborough Lake is protected from any potential risk of contaminated groundwater leeching.

The proposed reduction in the water setback for the dwelling and deck reconstruction represents a minor change to the existing conditions on the property. The existing dwelling and deck are setback 20.54 m from the water’s edge, 14.43 metre from the original high water mark, and are proposed to be reconstructed on generally the same footprint. The proposed increase in building footprint is modest in size and is not anticipated to have any adverse impacts as it is located on the non-waterfront side of the dwelling, farthest from the water which minimizes any potential negative impacts. The proposed additional ?oor area also fully complies with the side yard setback requirement of the RLSW zone, as well as the 30 metre setback. The modest increase to lot coverage, from the existing 8.4 % to 9.5%, is a result of the existing lot size, which was established by Plan of Subdivision in 1969.

The determination of whether an application is minor is not based on the degree of the variance requested, but rather on whether the impact of granting the request is minor. This includes how the variance could impact the existing or planned functionality of the subject lands and/or the surrounding lands.

is the variance

Sections 5.8.2a. and 10.3.1 of the Zoning By-law require a minimum waterbody setback of 30 m whereas a minimum water setback of 17.6 m is proposed for the reconstructed dwelling and deck. Section 5.8.2b. requires a minimum setback of 15 metres from top of bank whereas a setback of 6 metres is proposed to ensure a safe access allowance. A variance is also required to Section 10.3.1 to increase the permitted lot coverage for the principal building to 9.5%. It is noted that the requested waterbody and top of bank setbacks are an improvement to the existing dwelling and deck. The new sewage system is proposed outside the 30 m setback.

6.0

5.30.1.1

February 14, 2022

Parking Space Requirements (min)

Anna Geladi

IBI GROUP

Page 193 of 304

—

February 14, 2022

12

of the Official Plan?

maintain the general intent and purpose

of the Zoning By-law?

The proposed variances meet 10the intent of the Zoning By-law to ensure that buildings and structures are appropriately placed on a property. The subject property is an existing undersized lot. Due to its size and constraints, it is not possible to locate a building envelope fully outside of the required 30 metre setback from the water while preserving a large enough area for the sewage system and parking. Understanding the existing physical constraints of

Does the variance

As such, it is our opinion that the proposed variances maintain the general intent and purpose of the Of?cial Plan.

The proposed variances meet the intent of the Official Plan to ensure that development is adequately set back from the water and that any disturbance to the shoreline is minimized. The proposed reconstructed dwelling and deck are located as far as possible from the water given the existing location of the dwelling, and no modifications to the shoreline are proposed. The proposed sewage system has been located based on recommendations by the engineer for most efficient and reliable layout. The proposed scale of development (single detached dwelling and detached garage) is considered limited low-density residential development and is the contemplated use for limited service residential lands. The proposed development is also anticipated to improve the property, as well as provide environmental benefits by replacing the sewage system.

Does the variance maintain the general intent and purpose

Based on the above, we are of the opinion that the variances are desirable and appropriate.

The proposed reduction in the setbacks from the high water mark and top of bank and increase to lot coverage are appropriate given the low impact of the dwelling itself on Loughborough Lake, the modest increase to lot coverage proposed, and the proposed mitigation measures including a new sewage system and directing eavestroughs and driveway runoff away from the shoreline, which all minimize the potential impact of the proposed development.

groundwater leaching into Loughborough Lake. Additionally, it is not feasible to relocate the dwelling any farther back than the 3. 2 metres it has been pushed back, as the new sewage system will be located in the flat area where the former system was, and the remaining area will be used for vehicle access and parking with a more manageable slope than the existing driveway and parking area.

Anna Geladi

IBI GROUP

Page 194 of 304

—

February 14, 2022

13

Mike Janik Planner

by:

GROUP

Prepared

|Bl

Sincerely,

Tess Gilchrist MCIP, RPP Senior Planner

Reviewed by:

It is our professional opinion that the requested variances satisfy the four tests under Section 45 of the Planning Act, constitute good land use planning, and should be approved. Should you have any questions or require further information, please do not hesitate to contact the undersigned.

Conclusion

The proposed variances are required in order to facilitate the development of a permitted use in the ‘Residential Limited Service Waterfront ‘RLSW’ Zone and are, in our opinion, consistent with the intent of the Zoning By-law.

Anna Geladi

IBI GROUP

Inset Map ED

RI V

E

© 4482 RED MAPLE LANE

L AT

CL

IFF

SI D

ER ROA D IM

Loughborough Lake

4488 RED MAPLE LANE

D AVID SON ROAD 4496 RED MAPLE LANE

PL-ZNA-2022-0025 (JINAPRIYA & IRRCHER) (IBI GROUP) RED MAPLE LANE Legend

Loughborough Lake

Subject Property Road

Railway

Assessment Parcel

4502 RED MAPLE LANE

Provincially Significant Wetlands Wetland

Wooded Area

Lake Trout Lake - At Capacity Water

Township Boundary

4508 RED MAPLE LANE

4512 RED MAPLE LANE

4520 DAVIDSON RD

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2020.

4520 RED MAPLE LANE

Scale 1:1,000

AP M

4530 RED MAPLE LANE

LE

LA

N

E

4524 RED MAPLE LANE

RE D

Page 195 of 304

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

0

10

20

40

Meters

UTM Zone 18 NAD 83 Date: 2022-02-16

March 18, 2022

File: MV/FRS/50/2022

Sent by Email Ms. Michelle Hannah, Planning Assistant Township of South Frontenac P.O. Box 100 Sydenham, ON K0H 2T0 Dear Ms. Hannah: Re:

Application for Minor Variance PL-ZNA-2022-0025 (Jinapriya / Irrcher) Part Lot 13, Concession 2; 4508 Red Maple Lane Loughborough District, Township of South Frontenac Waterbody: Loughborough Lake (West Basin)

Cataraqui Conservation staff have reviewed the above-noted application for minor variance and provide the following comments for the Committee of Adjustment’s consideration. The site was visited by staff on August 13, 2021. The proposal involves the construction of a new dwelling on the subject property. The variance is requested to: • Reduce the required setback from the highwater mark from 30 metres, as required by Section 5.8.2.a) and Section 10.3.1 of the South Frontenac Zoning By-law, to 17.6 metres in order to permit the construction of new dwelling. • Reduce the required setback from the top of bank from 15 metres, as required by Section 5.8.2.b) of the Zoning By-law to 6 metres. • Increase lot coverage for the principal building from 8.4% to 9.5%. Section 10.3.1 of the Zoning By-law allows for 5% lot coverage for a principal building. Site Description The property is located on the north side of Red Maple Lane on the south shore of the west basin of Loughborough Lake. The topography of the site can be characterized as having a high steep bedrock slope at the shoreline that levels out into a table land area where the new dwelling is proposed to be constructed. Currently, the property contains a dwelling, a detached garage and a boathouse.

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

Page 196 of 304

Page 2 of 4

The property is currently designated as ‘Rural’ in the Official Plan and ‘Limited Service Residential – Waterfront Zone’ (RLSW) in the Zoning By-law for South Frontenac Township. The west basin of Loughborough Lake is designated as a Highly Sensitive Lake Trout Lake in the Official Plan. Discussion The main interests of Cataraqui Conservation in this proposal are the avoidance of natural hazards (e.g. flooding and erosion) associated with the shoreline of Loughborough Lake, and the protection of the water quality of the lake. Natural Hazards Flooding: The maximum recorded water level for Loughborough Lake is 125.1 metres geodetic. For Loughborough Lake, the maximum recorded water level is used in lieu of an engineered flood plain. Cataraqui Conservation’s Environmental Planning Policy (EPP, 2021) requires all development and site alteration to be setback a minimum of 6 metres from the regulatory flood plain of a waterbody. Based upon elevation mapping data and site observations, the development proposal complies with this policy. Erosion: Section 5.8.2.b) of the Zoning by-law requires that no building or structure or septic tank installation shall be located within 15 metre horizontal of the top of bank of any embankment, the slope of which is greater than 30% from horizontal. Due to the bedrock shoreline, Cataraqui Conservation defines the extent of potential erosion hazards to be 6 metres from the stable top of bank. Staff note that the proposed development will be located outside of the erosion hazard limit, and in the opinion of staff, a geo-technical study is not warranted. Water Quality The Official Plan recognizes the need to minimize lake impacts by reducing phosphorous inputs, preventing erosion and maintaining natural appearances. Accordingly, policies have been included that can vary the setback from the highwater mark from 30 to 90 m depending on the site characteristics such as steepness of slope, vegetation cover, soil depth and soil phosphorus retention. Section 5.2.7 (b)(ii)(3) of the Official Plan indicates that a reduction from the setback may only be considered if it is not physically possible or environmentally desirable to meet the 30 metre water setback requirement, and that there will be no negative impacts to fish habitat or water quality.

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

Page 197 of 304

Page 3 of 4

Staff recognize that the existing residential dwelling is in non-compliance with the current zoning by-law for the Township of South Frontenac and is entirely situated within the required 30 m setback from the highwater mark of Loughborough Lake. In addition, there is limited opportunity to move the structure further away from the water as the site is constrained by the septic system and garage. Similarly to the Official Plan, Cataraqui Conservation’s Environmental Planning Policy considers new development within the 30 metre water setback area only if there are no reasonable alternatives for locating the development outside of the water setback area, the development is no closer to the water than existing buildings or structures on the property, and is set back as far as possible from the water in all directions, complies with the maximum lot coverage provisions of the Zoning By-law, and suitable methods to minimize negative impacts on water quality are incorporated into the development. The proposed development will be located further away from the water than existing development and is set back as far as possible from the water. However, staff are concerned with the proposed increase in the dwelling size which increases lot coverage to 9.5% for the principal building. In the opinion of staff, this increase in lot coverage is exacerbating an already undesirable situation which may be detrimental to water quality on a highly sensitive Lake Trout Lake, and therefore, staff do not support the application. Staff recommend that the Township consult with the Ministry of Environment, Conservation and Parks (MECP) regarding this matter. Recommendation Staff recommend deferral of application PL-ZNA-2022-0025 and encourage the Township to consult with MECP regarding the above-noted lot coverage issue. Ontario Regulation 148/06 Please note that a portion of the property is subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, which is administered by Cataraqui Conservation. The purpose of the 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. Staff note that the proposed development will require a permit from Cataraqui Conservation prior to development taking place.

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

Page 198 of 304

Page 4 of 4

Please inform this office of any decision made by the Committee with regard to this application. If you have any questions, please contact the undersigned at 613-546-4228 ext. 244, or by e-mail at aschmidt@crca.ca. Yours truly,

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

Anna Geladi, Planner, South Frontenac Township (via e-mail)

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

Page 199 of 304

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: April 14, 2022 Minor Variance Application (S. 45(1) of the Planning Act) Subject: PL-ZNA-2022-0025 (Jinapriya & Irrcher) (IBI Group) – 4508 Red Maple Lane, District of Loughborough

Summary This application is a request for zoning relief for the high-water mark setback, the top of bank setback and lot coverage for a single detached dwelling. This report recommends that the Committee of Adjustment grant approval of this application, subject to conditions, as this application meets the four tests of a minor variance under section 45(1) of Planning Act.

Background Official Plan Designation: Rural Zoning: Limited Service Residential Waterfront – (RLSW)

Zoning Relief Requested Section 5.8.2 (a): to permit a single detached dwelling to be setback a minimum of 23.7 metres from the high-water mark of Loughborough Lake, whereas the Zoning By-law requires a minimum 30 metre setback from the highwater mark for all buildings. Section 5.8.2(b) – (Top of Bank): to permit a single detached dwelling to be setback a minimum of 6 metres (19.5 feet) from the top of bank whereas the Zoning By-law requires a minimum 15 metre (49.2 feet) setback. Section 10.3.1 – (Front Yard, Highwater Mark & Lot Coverage): to permit a single detached dwelling to establish a 23.7 metre front yard and to permit a single detached dwelling to have a maximum lot coverage of 9.5%, whereas the Zoning By-law requires a minimum 30 metre front yard and setback from the highwater mark for the principal building and permits a maximum of 5% lot coverage for the principal building.

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

Page 200 of 304

Township of South Frontenac Staff Report - PL-ZNA-2022-0025 (Jinapriya & Irrcher) (IBI Group) – 4508 Red Maple Lane, District of Loughborough

Discussion/Analysis Property Description The subject property is located at 4508 Red Maple Lane and has an area of approximately 0.19 hectares (0.47 acres) with frontage on Loughborough Lake. Red Maple Lane is located off Davidson Road. The subject property is located on the north side of Red Maple Lane, on the south shore of the west basin of Loughborough Lake. The property contains a single detached dwelling, a detached garage, and a boathouse. The property rises steeply from the shoreline of Loughborough Lake to a flat area where the existing dwelling is located. The property rises again gradually from the location of the existing dwelling towards the lane, where the existing garage is located. The area between the shoreline and the flat area consists of bedrock and is predominately forested. It is understood from conversations with the agent that the shoreline was altered. This created a flat area between where the lake exists today and where the lake existed when the property was originally created and the highwater mark was surveyed. The application references the surveyed highwater mark (original setback). The sketch reflects both the setback from the actual highwater mark and the surveyed highwater mark. All setbacks for this report have been taken from the actual highwater mark instead of the surveyed highwater mark to reflect the situation that exists on the property today. The existing dwelling is 2 storeys and has a walk-out basement. It has a height of 7.8 metres and a ground floor area of 161 square metres. It is setback 20.5 metres from the highwater mark of Loughborough Lake and 2.8 metres from the top of bank. The detached garage is 1.5 storeys and has a height of 4.5 metres. It is built into the slope of the property and has a workshop located below where the cars are parked. The detached garage has a ground floor area of 50.2 square metres and is located more than 30 metres from Loughborough Lake. The detached garage is located 7.71 metres from the western property line, 12.5 metres from the eastern property line and 4.86 metres from the rear property line being Red Maple Lane. There is an existing narrow driveway along the western property line that goes quite steeply from the garage to the dwelling. A sewage system is located to the rear of the dwelling, between the dwelling and the lane. The property is in an area of similarly developed residential waterfront properties.

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

Page 201 of 304

Township of South Frontenac Staff Report - PL-ZNA-2022-0025 (Jinapriya & Irrcher) (IBI Group) – 4508 Red Maple Lane, District of Loughborough

Summary of Proposal The applicants are proposing to demolish the existing single detached dwelling and build a new single-detached dwelling on the same general footprint. The new dwelling will be 2 storeys and have a walk-out basement. It will have a height of 8.7 metres and have a ground floor area of 183 square metres (1970 square feet). It will be setback a minimum of 23.7 metres to the highwater mark of Loughborough Lake and 6 metres from the top of bank. The floor area of the new dwelling will be 22.1 square metres larger than the existing dwelling. This will result in an increase of 1.1% for lot coverage of the principal building (from 8.4% to 9.5%). The new dwelling will be located 3.2 metres further from the highwater mark and from the top of bank than the existing dwelling. Variances are required for the highwater mark, front yard, top of bank and lot coverage. The applicants and their agent identified that the sewage system will need to be upgraded. The applicants and their agent consulted with a sewage system installer and have applied for a new class 4 sewage system to be located on the subject property. The new sewage system will be located more than 30 metres from the highwater mark, between the dwelling and the garage. To ensure the functionality of the site, the applicants are also proposing to re-construct the existing driveway and the existing detached garage. The new driveway will be located along the easternly property line. The existing detached garage will be demolished, and a new, slightly larger garage constructed that will achieve a minimum 5 metre setback from Red Maple Lane. It will be in compliance with side-yard and rear yard setbacks, height and lot coverage for accessory structures in the RLSW zone. No changes are proposed to the boathouse.

Department and Agency Comments Building Services (Sewage System Review) Building Services reviewed the proposed plans for the dwelling and the engineers site plan. They provided comments on March 11, 2022. The sewage system has been designed to accommodate the proposed dwelling and there appears to be sufficient space on the property to accommodate the sewage system within the required setbacks. The issuance of a permit will be dependent on a site inspection to verify the conditions of the soil and space provided. They have no objections to the approval of the application. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 202 of 304

Township of South Frontenac Staff Report - PL-ZNA-2022-0025 (Jinapriya & Irrcher) (IBI Group) – 4508 Red Maple Lane, District of Loughborough

Cataraqui Conservation Cataraqui Conservation provided comments in a letter dated March 18, 2022. They noted that the proposed development will be located outside of the erosion hazard limit since the slope consists of stable bedrock. They noted that the proposed dwelling is setback as far as possible from the lake and will be located further from the water than existing development, however, they expressed concerns about lot coverage on the property. They also noted that the proposed development would require a permit from Cataraqui Conservation under O. Reg. 148/06 prior to the building permit stage. Cataraqui Conservation Staff recommend a deferral of the application to address lot coverage.

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. All four tests must be met for an application to be approved. 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 subject property is designated Rural in the Township Official Plan. The proposed development is consistent with the permitted residential use of the property, is not expected to be subject to an erosion hazard, and maximizes the setback from Loughborough Lake. As a result of the upgrades to the proposed development, the applicants will also need to upgrade the sewage system. Upgrading the sewage system to the appropriate size and standard may result in less impact on the water quality of the lake and the environment. Section 5.2.8 of the Official Plan requires all development on or adjacent to an at-capacity lake trout lakes to be subject to site plan control to help ensure that the lake is protected.

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

Page 203 of 304

Township of South Frontenac Staff Report - PL-ZNA-2022-0025 (Jinapriya & Irrcher) (IBI Group) – 4508 Red Maple Lane, District of Loughborough

Site plan control is a recommended condition of approval to ensure the property is developed as presented. The proposed variance maintains the general intent and purpose of the Official Plan, specifically the policies on limited service residential development, development within environmentally sensitive areas adjacent to a lake and policies on development near Lake Trout Lakes. Does the variance maintain the general intent and purpose of the Zoning By-law? The proposed dwelling is a permitted use on the subject property. The subject property is an undersized lot of record with an area of 0.19 hectares (0.47 acres). The proposed dwelling will be constructed on the same general footprint, 3.2 metres further away from the top of bank and the highwater mark than the existing dwelling. The only location for the proposed sewage system is between the dwelling and the lane. The sewage system will be as far back from the highwater mark as possible, and outside of the 30 metres from Loughborough Lake. The dwelling is therefore constrained by the location of the sewage system. Due to the property size and constraints (the proposed location of the upgraded sewage system), the proposed dwelling is located as far back from the highwater mark and top of bank as possible. The new dwelling will be located 3.2 metres further away from the top of bank than the existing dwelling, outside of the erosion access allowance and represents an improvement to the existing situation. The 6 metre top of bank setback is supported by the Conservation Authority who indicated that the exposed bedrock is stable and that the proposed location is suitable for development from an erosion hazard perspective. The increase in lot coverage for the property is 1.1%. The increase in the area of the dwelling by 22.1 square metres (from 161 square metres of ground floor area to 182 square metres of ground floor area) is considered to be minimal. The building footprint is modest in size. The proposed dwelling meets the interior side yard setback and rear yard setback and is within the maximum building height allowed in the RLSW zone. The variance maintains the general intent and purpose of the Zoning By-law.

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

Page 204 of 304

Township of South Frontenac Staff Report - PL-ZNA-2022-0025 (Jinapriya & Irrcher) (IBI Group) – 4508 Red Maple Lane, District of Loughborough

Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The proposed dwelling will be on the same general footprint as the existing dwelling where it will have minimal impact on surrounding neighbouring properties. The proposed location of the dwelling is practical on the subject property as it maximizes the setbacks from the lake and top of bank, and allows sufficient area for a sewage system. The re-development will allow for an upgraded sewage system to be located outside the 30 metre setback from Loughborough Lake resulting in less impact to water quality and the environment. Building on the same footprint will cause minimal disturbance to the natural features on the subject property. The proposed dwelling is not anticipated to impact the character of the waterfront as the additional building area (proposed to the rear) will be screened by the existing boathouse and the steep forested embankment. There is also a row of existing trees located between the subject property and the neighbouring property to the north-east. The dwelling will be screened from the lane because of the intervening garage and the slope of the property will provide sufficient spatial separation. The increase in height for the dwelling will be less than 1 metre. It will continue to be a 2 storey dwelling with a walkout basement. The dwelling will be located 1.6 metres closer to the property on the south-west, but will continue to exceed the required side-yard setback. The use of the property is not changing, and it is not anticipated that the new dwelling will result in any land use incompatibilities between these two properties. The variance is desirable for the appropriate development.

Is the variance minor? Yes, the variance is minor as it maintains the general intent and purpose of the Official Plan and Zoning By-law, and is desirable for the appropriate development of the land. The proposed development will not cause any negative impacts as a result of its size and location on the subject property, and no shoreline buffer area alteration is proposed as part of this application.

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

Page 205 of 304

Township of South Frontenac Staff Report - PL-ZNA-2022-0025 (Jinapriya & Irrcher) (IBI Group) – 4508 Red Maple Lane, District of Loughborough

• •

by posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies

Recommendation That the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2022-0025 for 4508 Red Maple Lane, subject to the following conditions:

1. The Minor Variance is for a single detached dwelling. The dwelling is permitted to be establish a minimum 23.7 metre front yard, to be setback a minimum of 23.7 metres from the highwater mark of Loughborough Lake, and to be setback a minimum of 6 metres from the top of bank. The dwelling is also permitted to have a maximum lot coverage of 9.5%, as per the drawings and building plans titled “Site Plan Overview, KBDesign, dated February 4, 2022” which were submitted with PLZNA-2022-0025, attached to the Decision as Schedule “A”.
2. The Owner is required to submit an application for site plan control and enter into a Site Plan Agreement to be registered on the title of the property to the satisfaction of the Township prior to the issuance of a building permit, in order to address the following matters and environmental standards of the Township: a. The use of appropriate erosion control measures (e.g. silt fence, straw bales) during construction and until the site is stable and revegetated. b. Roof runoff will be directed away from top of bank the shoreline of Loughborough 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. Maintain a natural vegetated buffer following construction of the sewage system and dwelling, especially between the development and the shoreline.
3. A building permit is required for ALL construction and demolition on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac.
4. Minor variance PL-ZNA-2022-0025 is applicable only to Zoning By-law No. 200375 and not to any subsequent zoning by-laws.

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

Page 206 of 304

Township of South Frontenac Staff Report - PL-ZNA-2022-0025 (Jinapriya & Irrcher) (IBI Group) – 4508 Red Maple Lane, District of Loughborough

Report Prepared By: Anna Geladi, MCIP, RPP, Planner

Reviewed By: Christine Woods, MCIP RPP, Senior Planner

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

Page 207 of 304

Page 208 of 304

provided the Committee is of the opinion

$1,316.00 $2,010.00

Planning Fee: $959.00 $97.00

Building Admin Fee: $97.00 $97.00

TOTAL: $1,056.00 $1,413.00 $2,107.00

$46300 $72000 $1'183’O0

$420.00

Township of South Frontenac Minor Variance Only Minor Variance WITH Performance Review Minor Variance in combination with a new Class 2, 3, 4, or 5 sewage system other than a Class A system

Cataraqui Region Conservation Authority

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

1-3 Variances 4+ Variances After building without a permit

Application Type:

1. It is required that one (1) copy of this application be filed with the Secretary—Treasurer of the Committee of Adjustment, together with the SKETCH referred to in Note 3 (below), accompanied by a NON-REFUNDABLE FEE in accordance with the chart below in cash, debit or by cheque made payable to the Township of South Frontenac.

Application Requirements

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

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

The Committee of Adjustment is a Committee of eight persons appointed by Township Council. The Committee is formed under Section 45 of the Planning Act R.S.O. 1990, Chapter P.13, to authorize a minor variance from a zoning by—law.

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE OR PERMISSION Updated January, 2021

Page 209 of 304

Personal information requested herein is required under the Planning Act, 1990 as amended. This information will be used by the Committee of Adjustment/Land Division Committee for the purpose of reviewing the above referenced application, and may be made available to those boards, Commissions, Authorities, Agencies and Persons having an interest in this matter. Any questions regarding the collection of this information should be directed to the Secretary Treasurer of the Committee of Adjustment (P‘.O. Box 100, Sydenham, Ont., KOH2T0, Phone 376-3027 eXt.2224).

4. Collection of Personal Information

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

3. PLEASE READ THIS ITEM CAREFULLY

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

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Concession Number:

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The description of the subject land:

Signature(s) of Owner(s)

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Agent as named above is hereby authorized to act on behalf of the owners for purposes of processing this application for Minor Variance.

Email Address of Authorized Agent:

Phone number of Authorized Agent:

Full Mailing Address of Authorized Agent:

Name of Authorized 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, must accompany the application.

Email Address of Owner(s):

Phone number of Owner(s):

Full Mailing Address of Owner(s):

Name of Owner(s):

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

Page 211 of 304

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What are the existing uses of the subject land?

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Name of Road/Lane:

8. Does the subject property front on a municipally maintained road? El/Yes No OR a privately maintained road?

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

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Frontage (on road/lane):

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

The current zoning of the subject land:

Depth:

Frontage (on water):

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

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

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2’l.The length of time that the existing uses of the subject land have continued:

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TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.0. 1990, c. P.13 as amended

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

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Page 215 of 304

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

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from the The distances to on—siteand abutting owners’ wells, septic fields and ‘barns, property to be varied, IS REQUIRED to be shown. The SKETCH is of significant

The approximate location of all natural and artificial features on the subject land and on the land that is adjacent to the subject land. Examples include buildings, railways, roads, watercourses, drainage ditches, river or stream banks, barns, wetlands, wooded areas, wells and septic tanks. Show distance of these features from the applicant’s property lines.

The location of all abutting (neighbours’) lands.

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

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

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A SKETCH must be submitted showing the following:

No

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

Yes

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

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

Yes

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

Page 216 of 304

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ottlers-éot OF I, solemnly declare that IIthe statements contained in this application are true and I make this solemn declaration conscientiouslv believino it to be true and knowing that it is of the same force and effect as if made

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DATED AT THE TOWNSHIP OF SOUTH FRONTENAC

The Owner/Applicant/Agent further agrees that, until such requests have been complied with, the municipality will have no continuing obligation to process the application or attend or be represented at the Ontario Municipal Board or any court or other administrative proceeding in connection with the application:

The Owner/Applicant/Agent further agrees to provide the municipality, upon request and in cases where an application has been appealed to the Ontario Municipal Board, with a deposit (over and above the normal application fee), from which the municipality may, from time to time charge any fees and expenses incurred by the municipality in order to process the application. If such appeal expenses exceed the deposit, the Owner/Applicant shall pay the difference forthwith upon being billed by the municipality, with interest at the rate of 1.25% per month (15% per annum) on accounts overdue more than 30 days,

Without limiting the foregoing, such fees and expenses shall include the fees and expenses of consultants, planners, engineers, lawyers and such other professional and technical advisors as the municipality may, in its absolute discretion acting reasonably, consider necessary or advisable to more properly process and support the application.

The Owner/Applicant/Agent agrees to reimburse and indemnify the municipality for all fees and expenses incurred by the municipality to process the application, including any fees and expenses attributable to proceedings before the Ontario Municipal Board or any court or other administrative tribunal if necessary to defend Council’s decision to support the application.

The Owner/Applicant/Agent agrees that the information recorded in this Minor Variance Application Form is accurate. The Owner/Applicant/Agent agrees that representatives of the Township and, where applicable, the appropriate Conservation Authority, may enter onto the subject property for the purpose of determining the appropriateness of the site for the proposed development.

Attached to this application is a cheque payable to the Township of South Frontenac representing payment of the application fee.

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

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7. Reason why you can’t comply: In other words, why can you not meet the required setbacks. It could be, for example, because you are seeking a variance to add on to an existing structure that is already too close to the water, or that developing further from the water would be

8. Nature and Extent of Relief: This question is asking what you are asking to do that requires the variance —for example, it could be that you are asking to be 25 m rather than 30 m from the high water mark, or that you are asking to increase the height of a structure within 30 m of the high water mark, or that you are seeking a variance to construct an accessory building closer to the front lot line than the principal building.

9. Current zoning: You may not be aware ofthe zoning on your property and this can be determined when you come in for pre-consultation with planning staff.

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

—

Description of the Subject Land: a. District: The Districts are the same as the former Townships. If you are not sure, check the roll number (the long number beginning with 1029) on your tax bill. Ifthe numbers are 010, 020 or 030, your district is Bedford; if the numbers are O40-O50, your district is Loughborough; if the numbers are 060 or 070, your district is Storrington; and if the numbers are 080, your district is Portland. b. Concession and Lot Numbers: if you are not sure, check your tax bill if a civic number has not been assigned, leave this c. Street Number: Your civic address space blank. d. Name of Road/Street: This question applies whether or not you are on a private lane or a public road. e. Reference Plan No: If your property has been surveyed, it will have a plan number, and one or more parts on that plan. If your property has not been surveyed, leave this space blank. f. Roll No: This is the number beginning with ‘1029’ which appears on your tax bill. Please take time to look it up before submitting the application.

2. You may wish to appoint someone to act on your behalf during the variance process. Ifso, that person’s name, address and phone number should appear here All owner’s must sign the authorization.

3. The names of all owners must appear in this section, even if they live in separate residences, and the address(es) should be the full mailing address, complete with postal code.

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

Page 218 of 304

20)Date of existing buildings: If you are not sure, provide your best estimate.

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

—

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

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

16. Demolition: All demolition requires a permit from the building department. In some instances, a proposed addition or increase in height cannot be accomplished without the removal of existing walls. If this is not made clear to the Committee at the beginning of the process, you may find that, although you are granted permission to add on to your residence, you can’t actually do it because you have not made it clear that there is demolition involved.

17. Description of new construction: ALL proposed new development must be described here. If you are proposing to construct an addition to a dwelling, and to add a deck, please show this information in separate columns.

—

14. Proposed structures: Ifyou are planning to build ANYTHING on the property, the answer to this question is “yes” This includes additions, decks, garages, septic systems.

15. Proposed Uses: Generally, the answer to this question will be the same as the answer to #10, but if, for example, the land is currently vacant, and you are planning to construct a dwelling, then the use to be described in section 10 would be “vacant recreational land’’, and the use described in section 13 would be “residential”

16. Description of buildings and structures: You must complete all sections of this question for each structure on your property. If there is a deck on your dwelling, please describe it separately from the residence.

17. Buildings: If there are ANY buildings or structures on the property now, the answer to this question is “yes".

18. Existing Uses: e.g. residential, retail business, vacant recreational land

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

Page 219 of 304

—

30. Agreement to indemnify: Must be signed in front of a commissioner of oaths you may have this done before submitting the application, or sign the application in front of staff who can sign as commissioners. All owners must sign the application, or it can be signed by an agent if one has been appointed.

31. SKETCH: We cannot stress enough the importance ofa detailed, accurate, and complete sketch. You do not necessarily need to contract with a professional to draw the sketch, but sketches that are not drawn to scale, do not show dimensions and distances, or are not drawn neatly (PLEASE USE A RULER), will not be accepted.

32. If yes: If there has been a previous variance granted on the property, please indicate the application number if known, and what the details of the variance were.

33. Minor variance: Has there ever been a minor variance granted on the property? If you are longtime owner of the property, you will probably be aware of any other special permission granted for a variance to the zoning by-law. If you are a new owner, the seller will probably have made you aware of this.

34. If yes: If there is a current application for severance or subdivision on the property, please indicate the file number. (Staff can help provide this information)

35. Application for consent: is there currently an application for consent (severance) being proposed for the property?

36. Drainage: Are there specific ditches that have been constructed to deal with drainage; is there natural drainage, etc.?

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

Page 220 of 304

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Senior Planner Township of South Frontenac

Christine Woods, MCIP, RPP

Mila, I would appreciate if you would clarify how you would enclose the space and how it would be used. Thank you.

From: Christine Woods cwoods@southfrontenac.net Sent: Monday, March 21, 2022 3:11:34 PM To: mila miguel <mila.mgl@gmai|.com>; Steven Helyer stevehe|yer@gmail.com Subject: RE: 3835 Hideaway Lane planning application

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Mila snd Steve

Thank you,

Not a problem Christine. As we mentioned this hadn’t been in the forefront of our minds with regards to our renovations, however given how strong the wind is off the lake and that below the decks it is all gravel, closing this space in eventually would be helpful. Our plan would be to have framed in windows and sliding doors, with concrete flooring to be used as a transition space, sunroom or play room.

Follow up Flagged

Follow Up Flag: Flag Status:

—

mila miguel mi|a.mgl@gmail.com March 22, 2022 9:44 AM Christine Woods; Steven Helyer Re: 3835 Hideaway Lane planning application

From: Sent: To: Subject:

Christine Woods

Page 221 of 304

—

mila miguel <mila.mg|@gmai|.com> March 21, 2022 10:24 AM Steven Helyer;Christine Woods Re: 3835 Hideaway Lane planning application

Good morning Christine thank you for coming by this morning. As we discussed here is the final edit to our proposal, please let me know if any further clarification is needed.

Subject:

From: Sent: To:

Christine Woods

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Page 222 of 304

Page 223 of 304

Photo 1: shown in yellow that the ground floor under deck plans to be enclosed.

Page 224 of 304

Page 225 of 304

Photo 2: also highlights in yellow that the ground floor under the deck is to be enclosed.

Page 226 of 304

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FOR TOWNSHIP0 F SOUTH FRONTENAC APPLICATION as amended Planning Act, R.S.O. 1990, c. P.13

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Page 227 of 304

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wrote:

Woods, MCIP, RPP

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p: +613-376-3027 ext. 2221 e: cwoods@southfrontenac.net a: 4432 George St., Box 100, Sydenham, ON www.southfrontenac.net

Senior Planner Township of South Frontenac

Christine

I can come to your property on Monday morning. I usually go through Sunbury around 7:45, so I would likely be at your place around 8:00, if that is not too early.

Mila,

On Thu., Mar. 17, 2022, 8:26 a.m. Christine Woods, cwoods@southfrontenac.net

Sounds good. See you then.

From: Steven Helyer stevehelyer@gmail.com Sent: Thursday, March 17, 2022 12:55 PM To: Christine Woods Cc: mila miguel Subject: Re: 3835 Hideaway Lane planning application

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Mila and Steve

Thank you again for all your help and guidance.

I am off.tomorrow and next week Monday—Thursdayand can pick up the new flyers to be posted at your convenience.

Photo 3: where I am pointing on page 6 of the applicationis just to highlight that the 432 sq feet (12x36) under the deck that we hope to enclose is already included in the total square footage of the residence. This section was completed with guidance from Anna.

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E Page 231 of 304

Inset Map N BU R

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PL-ZNA-2022-0026 (HELYER & MIGUEL)

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Legend Subject Property Road

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Assessment Parcel

Provincially Significant Wetlands

H IDEAW AY LANE

Dog Lake

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Wooded Area Water

3835 HIDEAWAY LANE

Township Boundary

3842 HIDEAWAY LANE

3836 HIDEAWAY LANE 3838 HIDEAWAY LANE

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2020.

Page 232 of 304

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

Dog Lake

Scale 1:1,000 0

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UTM Zone 18 NAD 83

Date: 2022-03-01

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: April 14, 2022 Permission Application (S. 45(2) of the Planning Act) Subject: PL-ZNA-2022-0026, Helyer and Miguel, 3835 Hideaway Lane, Storrington District

Summary This report recommends that the Committee of Adjustment grant approval of this application for permission to enlarge a legal non-conforming dwelling and garage under section 45(2) of the Planning Act, subject to conditions.

Background Official Plan Designation: Rural Zoning: Limited Service Residential – Waterfront (RLSW) Relief Requested The applicant seeks permission under section 45(2) of the Planning Act to enlarge the legal non-conforming dwelling and garage on the property within 30 metres of the highwater mark of Dog Lake. Related Applications The lands are not subject to any additional applications under the Planning Act.

Discussion/Analysis Property Description The 0.66 acre property is located at the end of Hideaway Lane and has frontage on Dog Lake. The topography is generally level from the lane to the lake. The shoreline consists of exposed bedrock, and the remainder of the property is grassed. There are several trees on the north side of the property. The property is developed with a single detached dwelling, a detached garage and a small shed.

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

Page 233 of 304

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2022-0026, Helyer and Miguel, 3835 Hideaway Lane, Storrington District

The 1,392 square foot dwelling has an attached deck on three sides. According to the application sketch, the deck is setback 22.5 metres (74 feet) from the highwater mark of Dog Lake. It is noted that this distance was measured to a straight line on the property survey to account for the irregular shoreline. The deck is setback approximately 16.5 metres (55 feet) from the highwater mark according to Frontenac Maps. Similarly, the dwelling itself is setback approximately 20.4 metres (67 feet) from the highwater mark based on Frontenac Maps. The 432 square foot detached garage is setback approximately 14.5 metres (47 feet) from the highwater mark. The 96 square foot shed is located between the garage and the shoreline. A sewage system is located between the dwelling and the lane. Summary of Proposal The dwelling would be raised 1.2 metres (4 feet) to turn the existing crawlspace into a full basement for living space. The area under the 432 square foot waterside deck would be enclosed. The staircase on the waterside of the deck as well as the staircase and deck on the south side of the dwelling would be removed. The garage was enlarged through the addition of a 264 square foot carport by a previous owner without any Committee of Adjustment and building permit approvals. The current owners are seeking to have the location of the addition to the garage (i.e. carport) legally recognized. Agency Comments Public Services did not provide comments on the application as the property is accessed from a private lane. Building Services reviewed the performance of the existing sewage system on the subject property. They determined that the existing sewage system is not adequately sized for the proposed development (e.g. internal renovation). The subject property is undersized and pie-shaped, with the narrow end between the existing dwelling and Hideaway Lane. The existing sewage system takes up most of this space, so there is no area that would allow for expansion of the existing system. The applicants have since indicated that they will change their internal renovation plans to ensure the existing sewage system will be sufficient. Building Services will ensure any interior renovations will be limited to that which is able to be serviced by the existing system. Building staff will review this through the building permit process. Rideau Waterway Development Review Team (RWDRT), made up of staff from Cataraqui Conservation and Parks Canada indicated on March 18, 2022, that they have no objection to the approval of the application to raise the dwelling and to recognize the carport. They indicated on March 24, 2022, that they also have no objection to enclosing the area beneath the deck. The RWDRT confirmed that the buildings are outside the floodplain and the shoreline erosion hazard. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 234 of 304

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2022-0026, Helyer and Miguel, 3835 Hideaway Lane, Storrington District

Public Comments No comments were received from the public at the time this report was written. Planning Analysis The property is zoned RLSW in Zoning By-law No. 2003-75, so the dwelling and garage are permitted uses. The use of the property will not change as a result of this application. 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 garage are legal non-conforming buildings because they were constructed prior to the current Zoning By-law and are setback 16.5 metres (55 feet) and 14.5 metres (47 feet) from the highwater mark, respectively. Through its powers under section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the dwelling and to retroactively grant permission for the carport addition to the garage. Dwelling The dwelling is proposed to be raised 1.2 metres (4 feet) to turn the existing crawlspace into a full basement. This will result in an increase in living space. The increase in height is not anticipated to have an adverse visual impact, such as loss of sunlight, privacy and views, on the properties to the north and south over the existing condition. The north end of the property contains trees that provide visual screening. The existing garage is located between the dwelling and the property to the south. The main entry to the dwelling will be moved to the ground level on the south side of the dwelling, and the upper-level decking on this side will be removed. The view from the lake is also not anticipated to be noticeably different than the impact of the existing dwelling. The area under the 432 square foot waterside deck is proposed to be enclosed to create a transition space, sunroom or playroom at a future date. This area is currently screened with lattice and used for outdoor storage. The enclosure to create living space is not anticipated have an adverse impact on neighbouring properties or the lake. The enlarged dwelling will continue to be setback approximately 16.5 metres (55 feet) from the highwater mark. It will also maintain all other existing setbacks. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 235 of 304

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2022-0026, Helyer and Miguel, 3835 Hideaway Lane, Storrington District

The existing sewage system is located as far from Dog Lake as is physically possible, between the dwelling and the lane. There is no area on the property for expansion of the sewage system. Building Services will ensure that any internal dwelling renovations will not reduce the performance level of the existing sewage system (i.e. not exceed its capacity). Garage The existing detached garage is setback approximately 14.5 metres (47 feet) from the highwater mark. The 432 square foot garage was enlarged by the addition of a 264 square foot carport by a previous owner without any approvals. The carport is a roof overhang supported by posts. The carport was constructed no closer to the highwater mark than the garage. The carport is not anticipated to have an adverse visual impact on the neighbouring property as the carport is located between the garage and the dwelling. The view from the lake is also not anticipated to be impacted over the existing condition. 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 and garage 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 posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies

Recommendation That the Committee of Adjustment receive comments from the public and, pending comments received, approve for application PL-ZNA-2022-0026 for 3835 Hideaway Lane, subject to the following conditions.

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

Page 236 of 304

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2022-0026, Helyer and Miguel, 3835 Hideaway Lane, Storrington District

1. Permission is granted to enlarge the dwelling on the subject property by increasing its height by 1.2 metres (4 feet), and by enclosing 432 square feet under the waterside deck, with setbacks to be consistent with the revised application sketch received by the Township on March 21, 2022.
2. Permission is granted for the existing 264 square foot carport that is attached to the detached garage on the subject property.
3. A building permit is required for ALL demolition and construction on the property, including the carport. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac.
4. The owners shall apply for, and obtain, a building permit for the 264 square foot carport that is attached to the garage on the property. Report Prepared By: Christine Woods, MCIP RPP, Senior Planner Reviewed By: Claire Dodds, MCIP, RPP, Director of Development Services

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

Page 237 of 304

Page 238 of 304

is minor in nature

,o

Requirements

OF scum FRO\lTE

TOWNSHIP

'

FEB18 9022

ta

Planning Fee: $959.00 $1,316.00 . $2,010.00

Building Admin Fee: $97.00 $97.00 $97.00

$1,413.00 $2,107.00

TOTAL: $1,056.00

$46300 $72000 $1’183'0O

$420.00

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

Cataraqui Region Conservation Authority

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

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

_

Committee of Adjustment, together with the SKETCH referred to in Note 3 (below), accompanied by a NON-REFUNDABLE FEE in accordance with the chart below in cash, debit or by cheque made payable to the Township of South Frontenac.

DEP.AR‘rNA;)qECNT Pl.ANNlNG Saie?caf-t‘a":r’§75‘l“‘“r‘e“é"sure"r“of“‘th’

1. It is required that one (1) copy of this application be filed with the

Application

• Maintains the general intent and purpose of the Zoning By-la .

is desirable for the appropriate development or use of the la

Maintainsthe general intent and purpose of the OfficialPlan.

o

provided the Committee is of the opinion -smxaz-.=x

o

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

The Committee of Adjustment is a Committee of eight persons appointed by Township Council. The Committee is formed under Section 45 of the Planning Act R.S.O. 1990, Chapter P.13, to authorize a minor variance from a zoning by-law.

Updated January, 2021

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE OR PERMISSION

Page 239 of 304

Personal information requested herein is required under the Planning Act, 1990 as amended. This information will be used by the Committee of Adjustment/Land Division Committee for the purpose of reviewing the above referenced application, and may be made available to those boards, Commissions, Authorities, Agencies and Persons having an interest in this matter. Any questions regarding the collection of this information should be directed to the Secretary Treasurer of the Committee of Adjustment (P.O. Box 100, Sydenham, Ont., KOH2T0, Phone. 376-3027 eXt.2224).

4. Collection of Personal Information

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

3. PLEASE READ THIS ITEM CAREFULLY

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

Page 240 of 304

Eogpl-—gL££ OC» BQQ(‘,5 ‘T,4(<.4_;,oQ_ __

VARIANCE

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Street Number:

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Concession Number:

District:

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The description of the subject land:

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Lot Number:

Sam

3 2,

Loughborough

Name of Road/Street:

Portland

' Lane.

El Storrington

Agent as named above is hereby authorizedto act on behalf of the owners for purposes of procesninn this annlication for Minor Variance.

Agent: _ Email Address of Authorized

Phone number of Authorized Agent: _

Full Mailing Address of Authorized Agent: __

Name of Authorized Agent:

Ifthe applicant is NOT the owner of the subject land, the written authorization of the owner that the applicant is authorized to make the application, must accompany the application.

Email Address of Owner(s):,

Phone number of Owner(s):

Full Mailing Address of Owner(s):

Name of Owner(s):

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR Planning Act, R.S.O. 1990, c. P.’I3 as amended

Page 241 of 304

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10. What are the existing uses of the subject land?

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

Name of Road/Lane:

Q

Yes

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

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.

The reason why the proposed use cannot comply with the provisions of the Zoning Bylaw: d.emo\isI.9

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33

Frontage (on road/lane):

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

QJ._$uO

The current zoning of the subject land:

Depth:

Frontage (on water):

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

Page 242 of 304

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TOWNSHIPOF SOUTH FRONTENACAPPLICATIONFOR MINORVARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Page 243 of 304

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or additions to existing building(s) 14.Are any building(s) or structure(s), to be built on the subject land?

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13.The proposed uses of the subject land:

(If applicable)

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TOWNSHIPOF SOUTH FRONTENACAPPLICATIONFOR MINORVARIANCE Planning Act, R.S.O. 1990, c. P.‘i3 as amended

Page 244 of 304

3- (°*‘@ 6

I 2. W

Setback from

Side Lot Line

Height of Building

(Also indicate if it is one story or two story)

Outside Dimensions of

I ‘2) [,4

Setback from High Water Mark (If applicable)

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(3)

(4)

FOR MINORVARIANCE

of Do your plans include any DEMOLITION

existing structures?

lS[Yes

No

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

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Rear Lot Line

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Type of Structure (E.g. residence)

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Planning Act, R.S.O. 1990, c. P.13 as

TOWNSHIPOF SOUTH FRONTENACAPPLICATION amended

Page 245 of 304

'

Yes

Willthe addition or structure encroach on the existing septic system?

(d)

““

Yes‘

Increase in living space

(C)

-,

§<No

Yes

Increase in plumbing fixtures

(b)

§(No

No

We

Yes

Increase in numberof bedrooms

(a)

What are the uses of the proposed development?

icmsm

subject lands:

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Lctkg.

U£D’u-cf

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

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by publicly owned and 23. Indicatewhether sewage disposal is provided to the subject land a septic system, a M operated sewage system, a privately owned and operated individualor communal. Ce, ’\-g“.‘ca_¢_ 54 privy, orother means:

\°LbQs.

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

ICLC-;_O_s

20.The date. the existing buildings and structures were constructed on the

.

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ow er:__ 19.The date the subject land was acquired b the current J ‘Dag Ko,\.«3 s CGSCWGP ?i‘0» #3 is bc?xng ;;¢c‘c>r\q.$~9-«K i?ng Qa?ggig Us :L:) ¢\ggg¢& <-

If yes, please provide details:

FOR MINORVARIANCE TOWNSHIPOF SOUTHFRONTENACAPPLICATION amended as P.13 c. 1990, Planning Act, R.S.O.

Page 246 of 304

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

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

The location of all abutting (neighbours’) lands.

The approximate location of all natural and artificialfeatures on the subject land and on the land that is adjacent to the subject land.‘Examples include buildings, railways, roads, watercourses, drainage ditches, river or stream banks, barns, wetlands, wooded areas, wells and septic tanks. Show distance of these features from the applicant’s property

iii)

iv)

v)

**Note: **

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

ii)

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

lines.

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

i)

29. A SKETCH must be submitted showing the following:

£No

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

3 Yes

Ifthe answer to que tion 25 is yes, please give the file number of the application and the status of the application.

No

Yes

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

Page 247 of 304

F1.._…l

A._

4….

__»-

or

The Owner/Applicant/Agent further agrees that, until such requests have been complied with, the municipality will have no continuing obligation to process the application or attend be represented at the Ontario Municipal

The Owner/Applicant/Agent further agrees to provide the municipality, upon request cases where an application has been appealed to the Ontario Municipal Board, with a deposit (over andin and above the normal application fee), from which the municipality may, from time to time charge any fees and expenses incurred by the municipality in order to process the application. If such appeal expenses exceed the deposit, the. Owner/Applicant shall pay the difference forthwithupon being billed by the municipality, with interest at the rate of 1.25% per month (15% per annum) on accounts overdue more than 30 days,

the application.

Without limiting the foregoing, such fees and expenses shall include the fees and expenses of consultants, planners, engineers, lawyers and such other professional and technical advisors as the municipalitymay, in its absolute discretion acting reasonably, consider necessary or advisable to more properly process and support

The Owner/Applicant/Agent agrees to reimburse and indemnify the municipality for all fees and expenses incurred by the municipality to process the application, including any fees and expenses attributable to proceedings before the Ontario Municipal Board or any court or other administrative tribunal if necessary to defend Council’s decision to support the application.

The Owner/Applicant/Agent agrees that the information recorded in this Minor Variance Application Form is accurate. The Owner/Applicant/Agent agrees that representatives of the Township and, where applicable, the appropriate Conservation Authority, may enter onto the subject property for the purpose of determining the appropriateness of the site for the proposed development.

Attached to this application is a cheque payable to the Township of South Frontenac representing payment of the application fee.

'

TOWNSHIPOF SOUTH FRONTENACAPPLICATIONFOR MINORVARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended .

Page 248 of 304

7. Reason why you can’t comply: In other words, why can you not meet the required setbacks. It could be, for example, because you are seeking a variance to add on to an existing structure that is already too close to the water, or that developing further from the water would be impossible because of a steep embankment.

8. Nature and Extent of Relief: This question is asking what you are asking to do that requires the example, it could be that you are asking to be 25 m ratherthan 30 m from the high variance ——for water mark, or that you are asking to increase the height of a structure within 30 m of the high water mark, or that you are seeking a variance to construct an accessory building closer to the front lot line than the principal building.

9. Current zoning: You may not be aware of the zoning on your property and this can be determined when you come in for pre-consultation with planning staff.

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

—~

of the Subject Land: 3) Description a. District: The Districts are the same as the former Townships. If you are not sure, check the roll number (the long number beginning with 1029) on your tax bill. Ifthe numbers are 010, 020 or 030, your district is Bedford; if the numbers are 040-050, your district is Loughborough; if the numbers are 060 or 070, your district is Storrington; and if the numbers are 080, your district is Portland. b. Concession and Lot Numbers: if you are not sure, check your tax bill Street Number: Your civic address if a civic number has not been assigned, leave this space blank. d. Name of Road/Street: This question applies whether or not you are on a private lane or a public road. e. Reference Plan No: If your property has been surveyed, it willhave a plan number, and one or more parts on that plan. If your property has not been surveyed, leave this space blank. f. Roll No: This is the number beginning with ‘1029’ which appears on your tax bill. Please take time to look it up before submitting the application.

2. You may wish to appoint someone to act on your behalf during the variance process. If so, that person’s name, address and.phone number should appear here All owner’s must sign the authorization.

3. The names of all owners must appear in this section, even if they live in separate residences, and the address(es) should be the full mailing address, complete with postal code.

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

Page 249 of 304

youproposing to raise the building in order to construct

21. Length of existing uses: For example, has the land been used for residential purposes for 30 years, or 18 months?

20)Date of existing buildings: if you are not sure, provide your best estimate.

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

—

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

17)Raising of Structure: in other words, are a basement under it.

16. Demolition: All demolition requires a permit from the building department. In some instances, a proposed addition or increase in height cannot be accomplished withoutthe removal of existing walls. If this is not made clear to the Committee at the beginning of the process, you may find that, although you are granted permission to add on to your residence, you can’t actually do it because you have not made it clear that there is demolition involved.

17. Description of new construction: ALL proposed new development must be describedhere. If you are proposing to construct an addition to a dwelling, and to add a deck, please show this information in separate columns.

—

14. Proposed structures: Ifyou are planning to buildANYTHINGon the property, the answer to this question is “yes” This includes additions, decks, garages, septic systems.

15. Proposed Uses: Generally, the answer to this question willbe the same as the answer to #10, but if, for example, the land is currently vacant, and you are planning to construct a dwelling, then the use to be described in section 10 would be “vacant recreational land”, and the use described in section 13 would be “residential”

16. Description of buildings and structures: You must complete all sections of this question for each structure on your property. If there is a deck on your dwelling, please describe it separately from the residence.

17. Buildings: if there are ANY buildings or structures on the property now, the answer to this question is “yes”.

18. Existing Uses: e.g. residential, retail business, vacant recreational land

‘

TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.0. 1990, c. P.13 as amended

Page 250 of 304

—

30. Agreement to indemnify: Must be signed in front of a commissioner of oaths you may have this done before submitting the application, or sign the application in front of staff who can sign as commissioners. Allowners must sign the application, or it can be signed by an agent if one‘ has been appointed.

31. SKETCH: We cannot stress enough the importance of a detailed, accurate, and complete sketch. You do not necessarily need to contract with a professional to draw the sketch, but sketches that are not drawn to scale, do not show dimensions and distances, or are not drawn neatly (PLEASE USE A RULER), will not be accepted.

32. if yes: If there has been a previous variance granted on the property, please indicate the application number if known, and what the details of the variance were.

33. Minor variance: Has there ever been a minor variance granted on the property? If you are longtime owner of the property, you will probably be aware of any other special permission granted for a variance to the zoning by-law. if you are a new owner, the seller willprobably have made you aware of this.

34. if yes: if there is a current application for severance or subdivision on the property, please indicate the file number. (Staff can help provide this information)

35. Application for consent: is there currently an application for consent (severance) being proposed for the property?

36. Drainage: Are there specific ditches that have been constructed to deal with drainage; is there natural drainage, etc.?

TOWNSHIP OF SOUTH FRONTENAC APPLlCATl0N FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended

Page 251 of 304

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Page 252 of 304

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Page 253 of 304

Inset Map

©

130 SANDPIT LANE

T

LAN

126 SANDPIT LANE

E

PL-ZNA-2022-0027 (TAYLOR) (DI CESARE)

D ER

I

SON ROA D

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DP

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Crow Lake

AN

106 SANDPIT LANE Legend

120 SANDPIT LANE

Subject Property Road

Railway

Assessment Parcel

Provincially Significant Wetlands Wetland

106 SANDPIT LANE

Wooded Area

Lake Trout Lake - At Capacity

DP

IT

LA

NE

N ANDERSON RD

SA N

Water

Township Boundary

Crow Lake

N ANDERSON RD

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2020.

Page 254 of 304

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

Scale 1:1,000 0 84B SANDPIT LANE

12.5

25

50

Meters

DEAN ISLAND

UTM Zone 18 NAD 83

Date: 2022-03-01

March 22, 2022 22-SFR-MVA-0013 (Bedford) Township of South Frontenac Committee of Adjustment PO Box 100 4432 George Street Sydenham, ON K0H 2T0

Attention: Anna Gelaldi, Planner Estate of Bruce Taylor; Application for Minor Variance, PL-ZNA-2022-0027 – 106 Sandpit Lane, Lot 32, Concession 4; Geographic Township of Bedford, Now the Township of South Frontenac; Roll Number: 01290300206760000000 ———————————————————————————————————–Subject:

Dear Ms. Geladi, The Rideau Valley Conservation Authority (RVCA) has reviewed the subject applications within the context of:

• Section 2.1 Natural Heritage, 2.2 Water and 3.1 Natural Hazards of the Provincial Policy Statement under Section 3 of the Planning Act;
• The Rideau Valley Conservation Authority (“Development, Interference with Wetlands and Alteration to Shorelines and Watercourses” regulation 174/06 under Section 28 of the Conservation Authorities Act);
• The Mississippi-Rideau Source Water Protection Plan;
• The Tay-River-Bobs Lake Catchment Report

The Proposal The RVCA understands this application is seeking the enlargement of an existing screened porch within the 30m setback of Crow Lake. It is proposed that the extended porch will replace the existing deck and will not change the footprint nor encroach further into the current setback from Crow Lake. A revised application was received March 11, 2022 that also proposed

Page 255 of 304

increasing the roof height on a portion of the cottage to meet the roof height of 3.7 m (measured from deck). It is noted that this will not result in a change in living space. The Property The subject property is approximately 0.20 ha. The lot is presently developed with an existing deck, screened porch, sleeping cabin/bunkie, sheds and an outhouse. Multiple staircases provide access to the existing deck and cottage. The lot appears to have manicured lawn to the water. There are several large mature trees on the property, though vegetation is limited between the cottage and waterfront. The lot is steeply sloped with the existing cottage built adjacent to the slope, the terrain slopes gently from the cottage to the water. A review of the desktop mapping and site visit to the subject property on March 10, 2022 indicated the following natural hazards or natural heritage features: -Crow Lake is considered to be a watercourse for the purpose of our regulation -The property overlies a highly vulnerable aquifer A review of our records does not reveal the presence marine clays, organic soils or wetland areas. Review Comments Provincial Policy Statement Regarding Section 2.1 of the PPS our office has no concerns. In relation to Section 2.2 of the PPS our office has some concern regarding the proposed development and has provided recommendations to protect, restore or improve water quality. In respect of Section 3.1 our office has no concern, though steep slopes on the property may present a possible hazard, the proposed redevelopment is on a portion of the lot with more gradually sloping terrain. Ontario Regulation 174/06 Currently our office regulates the shoreline of Crow Lake. Should any development be proposed along the shoreline of Crow Lake (including, but not limited to, grading, site alteration, dock installation or erosion protection works) the prior written permission is required from our office in accordance with our (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses) made under Section 28 of the Conservation Authorities Act. The development proposed in the subject application does not include any shoreline alteration and will not require written permission from our office. Tay River-Bobs and Crow Lake Catchment Report Crow Lake has a water quality rating that ranges from “Good” to “Very Good” based on Water Quality Index Ratings. These ratings indicate that conditions rarely depart from natural or desirable levels. The lake is characterized by low nutrient levels, clear water and good oxygen

Page 256 of 304

Page 2 of 4

conditions to support lake trout habitat. Maintaining low nutrient concentrations in Crow Lake is very important to protect existing lake trout habitat conditions. The report identifies that diversion of runoff and enhanced shoreline buffers are necessary to continue to protect and enhance water quality and reduce future nutrient increase-particularly in developed areas. A well vegetated shoreline can also protect against erosion and provides important habitat for wildlife. Low Impact Development methods should also be considered to improve runoff quality and reduce the amount of stormwater runoff to the lake, this is particularly important on sensitive waterfront properties that have steep slopes or shallow soils. Mississippi Rideau Source Water Protection Plan This property has been identified as overlying 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 ground water supplies. For this reason, care should be taken to avoid land uses and practices that may inadvertently lead to undesirable effects on groundwater. For this reason, care should be taken to avoid land uses 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 property maintained, avoiding use of pesticides, herbicides and fertilizers.

Discussion The existing cottage and attached decking is setback 13 m from Crow Lake as measured on site, it should be noted that determination of the highwater mark was approximated given snow/ice cover. While the proposed development would increase the living space within the existing setback there will be no further encroachment as the footprint of the porch will be restricted to the area occupied by the existing deck, an area of 6 m2. It is the opinion of this reviewer that this redevelopment is not a significant change of use and will not negatively impact Crow Lake provided the recommended mitigation measures are applied. Through this redevelopment opportunities exist to provide protection and improvement to water quality in Crow Lake. Our office would recommend a native vegetation buffer is established along the shoreline to assist in filtration and reduction of runoff that reaches Crow Lake and provide the numerous benefits that naturally vegetated shorelines provide. It is also recommended that improvement be made to roof runoff through the installation of eavestroughs that direct rainfall away from the lake to an area of the property that allows for infiltration of surface water.

Page 257 of 304

Page 3 of 4

Recommendations Should the Township allow the variance our office would have the following recommendation for conditions of any implementation agreement or notes to be included on any decision:

• A planting plan showing improved shoreline vegetation adjacent to Crow Lake should be provided and implemented. The planting plan should take the form of a drawing showing where the vegetation would be improved along the shoreline to an area a minimum of 3 m from the high-water mark. It should be noted that this would not preclude the removal of dead or diseased trees. The applicant is encouraged to discuss this with our office if assistance is required. RVCA staff can assist in planning and planting shoreline vegetation, whether trees or shrubs, and would be willing to discuss grant programs that the applicants may wish to consider. If the applicants are interested in this service, they should contact Meaghan MacDonald (Meaghan.mcdonald@rvca.ca or 613-692-3571 x 1192) at our Manotick office.
• Roof runoff should be directed to the rear or side yards and to an area of soil depth or containment adequate to allow for absorption, infiltration and treatment. Collection and management of runoff in this manner helps to control untreated surface water from running overland to Crow Lake. This assists with preventing nutrients and sediment from reaching these features. This shall be to the satisfaction of the Township. -Any excavated materials will be disposed of 30 metres or more from the normal highwater mark of Crow Lake at a proper disposal site. This shall be to the satisfaction of the Township.
• Sediment and erosion controls (such as silt fencing & straw bales) should be installed on the downslope side of the construction site prior to any works commencing (including demolition and future construction) and be maintained in place until vegetation has re-established. This should be to the satisfaction of the Chief Building Official. -Should any work be undertaken along the shoreline of Crow Lake permits would be required by the Rideau Valley Conservation Authority in accordance with Ontario Regulation 174/06 (“Development, Interference with Wetlands and Alteration to Shorelines and Watercourses”). Conclusions In conclusion our office has no objection the subject application. Please advise us on the Committee’s decision respecting this application or any changes in the status of the application. Thank you for the opportunity to comment and please do not hesitate to contact the undersigned at (613) 692-3571 x1109 should you have any questions. Yours truly,

Sarah MacLeod-Neilson Planner cc – Kelly & Walter DiCesare, applicants cc – Meaghan McDonald, RVCA

Page 258 of 304

Page 4 of 4

Michelle Hannah From: Sent: To: Subject:

Anne Roulston April 3, 2022 5:25 PM planning Notice of hearing on Permission Application PL-ZNA-2022-0027

Dear Michelle Hannah, I am writing a letter of support for the proposed modifications to the cottage situated at 106 Sandpit Lane, Tichborne Ontario. I am the co-owner of the cottage and direct neighbor of Kelly and Walter Di Cesare on the north side of their property. Our two cottages are very close together ( less than 40 feet) but are separated by a row of cedar hedge. I have been cottaging on Crow Lake since 1968 with my family and have a deep emotional attachment to the lake and our to our cottage lane. My family and I have known Bruce Taylor and his family (daughters Kelly, Jody and grandchildren) for many years. My husband and I have more recently come to know Kelly and Walter better and can attest to the fact that they are extremely respectful to their neighbors and in the stewardship of the lake and the lane. I fully support the work they are proposing to do on their cottage, that will involved closing in the existing deck at the front of the cottage as I see no impact to the footprint of their cottage, the land and the use of the lake. I have discussed the letter we received from the township in the mail with my two sisters who own the cottage to the north of me, and they are also in favor of the proposed renovations to the Taylor cottage. I sincerely hope they will be granted a minor variance to make the desired changes. Best regards, Anne Roulston

1

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To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: April 14, 2022 Permission Application (S. 45(2) of the Planning Act) Subject: PL-ZNA-2022-0027 (Taylor)(Di Cesare) – 106 Sandpit Lane, District of Bedford

Summary This application is requesting permission to enlarge a legal non-conforming building by demolishing a 64 square feet section of the existing deck and replacing it with a 64 square feet extension to the existing enclosed porch within 30 metres of the highwater mark of Crow Lake. This report recommends that the Committee of Adjustment grant approval of this application for permission to enlarge a legal non-conforming building, per section 45(2) of the Planning Act, subject to conditions.

Background Official Plan Designation: Rural Zoning: Limited Service Residential Waterfront – RLSW

Relief Requested The application seeks permission to enlarge a seasonal dwelling under Section 45(2) of the Planning Act within 30 metres of the highwater mark.

Discussion/Analysis Property Description The subject property is located at 106 Sandpit Lane. Sandpit Lane is accessed from Anderson Road North. The property has an area of approximately 0.24 hectares (0.6 acres), and approximately 60 metres (200 feet) of water frontage on Crow Lake and 55.4 metres (182 feet) of frontage on Sandpit Lane. The property rises steeply from Crow Lake to Sandpit Lane. There is a flat area between the dwelling and Crow Lake. The dwelling is built into the slope. The area on the west side

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

Page 260 of 304

Township of South Frontenac Staff Report - PL-ZNA-2022-0027 (Taylor)(Di Cesare) – 106 Sandpit Lane, District of Bedford

of the subject property is predominantly forested. The vegetation is limited between the dwelling and the waterfront. The property is developed with a seasonal dwelling, two sleeping cabins (bunkie), an outhouse and two sheds, and an associated sewage system. The seasonal dwelling includes an enclosed porch and in front of the porch, there is an attached deck. The seasonal dwelling including the attached deck is setback 13 metres from the highwater mark at its closest point. The seasonal dwelling has a height of 6.1 metres. It is single storey with an open storage area underneath the seasonal dwelling.

Summary of Proposal The applicants are proposing to demolish a 64 square feet (16 ft by 4 ft) section of the deck and replace it with a 64 square feet (16 ft by 4 ft) extension of the existing enclosed porch. The remainder of the deck (on the north and south sides of the dwelling) will remain as it is existing, uncovered. The proposal would not result in the footprint of the building getting any larger, and the porch would be no closer to the highwater mark of Crow Lake than the deck that would be demolished. Permission is required to allow an enlargement of the gross floor area of the dwelling within 30 metres of the lake. The applicants have also indicated that they are proposing to increase the roof height on the south side of the cottage to meet the roof height of 3.7 metres (measured from the deck) of the rest of the cottage to allow a higher window. The overall height of the dwelling will not increase. No permission is required for this component of the proposal.

Department and Agency Comments This application did not meet the criteria for circulation to Building Services. Rideau Valley Conservation Authority provided comments on March 22, 2022 which indicate that Staff have no objection to the approval of the application. RVCA Staff note that the proposed development would increase the living space within the existing setback but would not encroach closer to the water as the footprint of the porch will be restricted to the area occupied by the existing deck (6 square metres). It is the opinion of RVCA that this redevelopment is not a significant change of use and will not negatively impact Crow Lake provided that the recommended mitigation measures mentioned in their letter are applied. These mitigation measures include:

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

Page 261 of 304

Township of South Frontenac Staff Report - PL-ZNA-2022-0027 (Taylor)(Di Cesare) – 106 Sandpit Lane, District of Bedford

1. The establishment of a native vegetation buffer along the shoreline to assist infiltration and reduction of runoff that reaches Crow Lake;
2. That improvement be made to roof runoff through the installation of eavestroughs that direct rainfall away from the lake to an area of the property that allows for infiltration of surface water. RVCA notes that the development proposed in the subject application does not include any shoreline alteration and will not require written permission from their office under O. Reg. 174/06.

Public Comments One comment has been received from a neighbouring property owner indicating that they are supportive of the proposed development.

Planning Analysis The property is zoned RLSW, so the seasonal dwelling is a permitted use. The use of the property will not change because of this application. Section 5.10.2 of Zoning By-law No. 2003-75 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 does not allow the enlargement of these existing buildings within 30 metres. This makes them legal non-conforming structures. The existing dwelling is a legal non-conforming building because it was constructed in 1960’s (according to the application), and because it is setback 13 metres from the highwater mark at its closest point. Permission is required to make changes to legal non-conforming buildings. This application is seeking permission to enlarge the gross floor area by 64 square feet (6 square metres). In this situation, the Committee of Adjustment should consider whether to grant permission to enlarge the legal non-conforming building under Section 45(2) of the Planning Act. The dwelling currently has a porch facing the lake which is completely enclosed and used as living space. There is also a deck located in front of the porch. The proposal is to demolish a portion of the existing deck and replace it with an extension of the existing screened-in porch. The footprint of the dwelling will not increase nor will lot coverage. The height of the enlarged porch will not be higher than the height of the existing roof line of the main part of the dwelling. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 262 of 304

Township of South Frontenac Staff Report - PL-ZNA-2022-0027 (Taylor)(Di Cesare) – 106 Sandpit Lane, District of Bedford

The enlarged porch would be no closer to the highwater mark of Crow Lake than the deck that would be demolished. Requiring a development agreement on the property will ensure that the development is undertaken in accordance with the Township environmental standards, and will implement the recommendations for roof run-off and re-vegetation outlined by the Conservation Authority. Crow Lake is an at-capacity Lake Trout Lake, which means it is at capacity for development with respect to additional nutrient loadings which may adversely affect water quality. The dwelling is serviced by an existing septic system. The proposal involves enclosing a portion of the deck to be added to the dwelling and is not anticipated to increase the nutrient loading associated with the septic system as no plumbing is being added as part of the proposal. By rebuilding the enlargement of the screened in porch on the same footprint as the existing deck, the proposal is designed to preserve as much as possible a site’s physical attributes and cause minimal disturbance. The existing dwelling is compatible with the established built form and character of the surrounding properties. There is an existing row of trees separating the dwelling from the neighbouring property to the east. The dwelling is built up against the slope of the property and is not visible from the Lane. There is sufficient open space and a buffer of trees to provide buffering from neighbours to the west. Requiring re-vegetation between the dwelling and the shoreline will provide additional screening from views from the water. Furthermore, the size and scale of the proposed increase in gross floor area will not change the way the property is being used today. It is the opinion of staff that it is appropriate for the Committee of Adjustment to grant permission to enlarge the legal non-conforming dwelling, 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 posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies

Recommendation That the Committee of Adjustment receive comments from the public and, pending comments received, approve application PL-ZNA-2022-0027, subject to the following conditions: www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 263 of 304

Township of South Frontenac Staff Report - PL-ZNA-2022-0027 (Taylor)(Di Cesare) – 106 Sandpit Lane, District of Bedford

1. Permission is granted to enlarge the legal non-conforming dwelling on the subject property as per the drawing submitted with PL-ZNA-2022-0027, received on March 11, 2022, 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. The development agreement will include the requirement for a shoreline planting plan. a. A planting plan showing existing and improved shoreline vegetation adjacent to Crow Lake shall be provided and implemented. A Planting Plan must be provided together with the building permit application for review by Development Services Staff. The planting plan must take the form of a drawing showing where the vegetation would be improved along the shoreline to an area between the lake and the deck. Revegetation of the shoreline and slope must be completed to the satisfaction of Development Services Staff, before the final inspection for the deck is approved. It should be noted that this would not preclude the removal of dead or diseased trees. The applicant is encouraged to discuss this with the conservation authority and request assistance from watersheds Canada, RVCA or an ecologist.
3. A building permit is required for ALL construction and demolition on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac.

Report Prepared By: Anna Geladi, MCIP, RPP, Planner

Reviewed By: Christine Woods, MCIP RPP, Senior Planner

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

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TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINORVARIANCE OR PERMISSION Updated January, 2021

Is minor in nature

o

Requirements

eT9mhe

TOWNSHIP OF SOUTHFRONTENAC

FEBI 7 2022

WED

$97.00

Planning_Fee: Buildi_n_g Admin Fee: $959.00 $1,316.00 $2,010.00

TOTAL: $1,056.00 $1,413.00

A

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

$463’O0 $72030 $1'183'00

——r‘———*————|

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

1-3 Variances 4+ Variances After buildin without a ermit

Application_’[ype:

.

1. It is required that one (1) copy of this application be ?led wit the Committee of Adjustment, together with the SKETCH referred to in Noe 3 e ow , acc by a NON-REFUNDABLEFEE in accordance with the chart below in cash, debit or by cheque made payable to the Township of South Frontenac.

Application

• Maintains the general intent and purpose of the OfficialPlan.
• Maintains the general intent and purpose of the Zoning By-law.

is desirable for the appropriate development or use of the land, bu

provided the Committee is of the opinion

o

The Committee may vary Zoning By-law provisions

The Committee of Adjustment is a Committee of eight persons appointed by Township Council. The Committee is formed under Section 45 of the Planning Act R.S.O. 1990, Chapter P.13, to authorize a minor variance from a zoning by-law.

r—‘

Page 265 of 304

Page 266 of 304

Information

boards, Commissions, Authorities, Agencies and Persons having an interest in this matter. Any questions regarding the collection of this information should be directed to the Secretary Treasurer of the Committee of Adjustment (P.O. Box 100, Sydenham, Ont., KOH 2T0, Phone 376-3027 eXt.2224).

Personal information requested herein is required under the Planning Act, 1990 as amended. This information willbe used by the Committee of Adjustment/Land Division Committee for the purpose of reviewing the above referenced application, and may be made available to those

4. Collection of Personal

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

3. PLEASE READ THIS ITEM CAREFULLY

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

Page 267 of 304

'

E’Bedford

Concession Number:

District:

év

The description of the subject land:

Signature(s) of Owner(s)

Portland

Lot Number:

Loughborough

'

Storrington

Agent as named above is hereby authorized to act on behalf of the owners for purposes of processing this application for Minor Variance.

Email Address of Authorized Agent:

Phone number of Authorized Agent:

Full Mailing Address of Authorized Agent:

Name of Authorized 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, must accompany the application.

Email Address of Owner(s): _

Phone number of Owner(s): _

I

Full Mailing Address of Owner(s): _

Name of Owner(s):

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

6.

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No

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What are the existing uses of the subject land?

._________________________________

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

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Name of Road/Lane:

B33/es

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

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Area: Q?é

Frontage(on road/lane):

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

______2

The current zoning of the subject land:

Depth:

Frontage (on water):

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

8. Does the subject property front on a municipally maintained road? OR a privately maintained road? Yes : No

Page 268 of 304

6/

Height of Building

Setbackfrom Side Lot Line

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14.Are any building(s) or structure(s), or additions to existing bui|ding(s) or structure(s), PROPOSED

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13.The proposed uses of the subject land:

Setback from High Water Mark (If applicable)

Dimensions of Floor Area

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Setback from Front Lot Line

Type of Structure (E.g. residence)

(2)

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

(Also indicate if it is one story or two story)

l_

Page 269 of 304

Building/Structure

Outside Dimensions of

(Also indicate if it is one story or two story)

Height of Building

Setback from Side Lot Line

Setback from Rear Lot Line

Setback from Front Lot Line

Type of Structure (E.g. residence)

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

L____g_,_

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

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Setback from High Water Mark (If applicable)

—‘———_i i———————a———-—+———~——1——————

Page 270 of 304

18.

Increase in number of bedrooms

Increase in plumbing ?xtures

Increase in living space

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

(a)

(b)

(c)

(d)

What are the uses of the proposed development?

Ifyes, please provide details:

tEl’No

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

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

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

rf./.8’/’ D?t/4:1?

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

Yes

No

No

P?es Yes

No

Yves

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

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

Page 271 of 304

Page 272 of 304

No

Ifthe answer to item 27 is yes, please give the ?le number of the application and the status of the application.

Yes

**Note: **

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

ii)

The distances to on-site and abutting owners’ wells, septic fields and barns, from the

lines.

The approximate location of all natural and arti?cial features on the subject land and on the land that is adjacent to the subject land. Examples include buildings, railways, roads, watercourses, drainage ditches, river or stream banks, barns, wetlands, wooded areas, wells and septic tanks. Show distance of these features from the applicant’s property

The location of all abutting (neighbours’) lands.

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

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

i)

29. A SKETCH must be submitted showing the following:

If known, please indicate whether the subject land has ever been the subject of an application

under Section 43 of the Planning Act (Minor Variance).

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

No

Yes

Planning Act, R.S.O. 1990, c. P.13 as amended

TOWNSHIPOF SOUTH FRONTENACAPPLICATION FOR MINOR VARIANCE

Page 273 of 304

DAY OF I

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~-Wale, l, in/-ac OF solemnly declare tha all the statements contained in this application are true‘ d I make this solemn conscientiously believing it to be true and knowing that it is of the same force and effect as if made

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declaration

THIS

DATED AT THE TOWNSHIP OF SOUTH FRONTENAC

The Owner/Applicant/Agent further agrees that, until such requests have been complied with, the municipality willhave no continuing obligation to process the application or attend or be represented at the Ontario Municipal Board or any court or other administrative proceeding in connection with the application:

The Owner/Applicant/Agent further agrees to provide the municipality, upon request and in cases where an application has been appealed to the Ontario Municipal Board, with a deposit (over and above the normal application fee), from which the municipality may, from time to time charge any fees and expenses incurred by the municipality in order to process the application. if such appeal expenses exceed the deposit, the Owner/Applicant shall pay the difference forthwith upon being billed by the municipality, with interest at the rate of 1.25% per month (15% per annum) on accounts overdue more than 30 days,

planners, engineers, lawyers and such other professional and technical advisors as the municipality may, in its absolute discretion acting reasonably, consider necessary or advisable to more properly process and support the application.

V?thout limiting the foregoing, such fees and expenses shall include the fees and expenses of consultants,

The Owner/Applicant/Agent agrees to reimburse and indemnify the municipality for all fees and expenses incurred by the municipality to process the application, including any fees and expenses attributable to proceedings before the Ontario Municipal Board or any court or other administrative tribunal if necessary to defend Counci|’s decision to support the application.

The Owner/ApplicantlAgent agrees that the information recorded in this Minor Variance Application Form is accurate. The Owner/Applicant/Agent agrees that representatives of the Township and, where applicable, the appropriate Conservation Authority, may enter onto the subject property for the purpose of determining the appropriateness of the site for the proposed development.

Attached to this application is a cheque payable to the Township of South Frontenac representing payment of the application fee.

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

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Page 274 of 304

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Inset Map 22 BEATRICE LANE

54B HALL LANE

GREEN BAY ROAD

GREENBAY AND BURNS

GREEN BAY RD

54A HALL LANE

GREEN BAY RD

GREEN BAY RD

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GREEN BAY RD

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169 GREEN BAY RD

AD

GREEN BAY RD

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PL-ZNA-2022-0028 (PICKETT)

319 GARRETT RD

Burns Pond

GREEN BAY RD

FIRE HALL RD

219 GARRETT ROAD

252 FIRE HALL RD

Legend

FIREHALL ROAD

GREEN BAY RD

Subject Property Road

Railway

Assessment Parcel

Provincially Significant Wetlands Wetland

Wooded Area Water

Township Boundary

219 GARRETT RD

201 FIRE HALL RD

T GARRET D ROA

Thompson Pond 841 GREEN BAY RD

Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2020.

Doran Lake

Page 275 of 304

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

217-219 GARRETT RD

Scale 1:10,000 0

39 GARRETT RD

WESTPORT RD

125

250

500

Meters

UTM Zone 18 NAD 83

Date: 2022-03-01

April 3, 2022 22-SFR-MVA-0017 (Bedford) Township of South Frontenac Committee of Adjustment PO Box 100 4432 George Street Sydenham, ON K0H 2T0

Attention: Christine Woods, Planner Pickett, Carole Lynn; Application for Minor Variance, PL-ZNA-2022-0028 – 219 Garrett Rd, Lot 20, Concession 6; Geographic Township of Bedford, Now the Township of South Frontenac; Roll Number: 1029 0100 5017 3000 0000 ———————————————————————————————————–Subject:

Dear Ms. Woods The Rideau Valley Conservation Authority (RVCA) has reviewed the subject applications within the context of:

• Section 2.1 Natural Heritage, 2.2 Water and 3.1 Natural Hazards of the Provincial Policy Statement under Section 3 of the Planning Act;
• The Rideau Valley Conservation Authority (“Development, Interference with Wetlands and Alteration to Shorelines and Watercourses” regulation 174/06 under Section 28 of the Conservation Authorities Act);
• The Mississippi-Rideau Source Water Protection Plan;
• The Tay-River-Bobs Lake Catchment Report

The Proposal The RVCA understands this application is seeking permission to add a 27.9 m2 main floor addition to an existing dwelling to allow for an additional bedroom. It is noted that two dwellings exist on the subject property.

Page 276 of 304

The Property The subject property is approximately 83.4 ha. The lot is presently developed, with sheds, barns and two existing dwellings have existed since 1900. A portion of the lot appears to have been cleared for agriculture, with forest and wetland cover also present. A review of the desktop mapping indicated the following natural hazards or natural heritage features: -The Doran Lake Provincially Significant Wetland (PSW) and associated regulated area is present on the subject property -A watercourse identified as a headwater drainage feature flows west to east across Garrett Rd and flows into the PSW south of the existing dwellings -A small unevaluated wetland is present in the northwest corner of the subject property A review of our records does not reveal the presence of steep slopes, marine clays, or organic soils. Review Comments Provincial Policy Statement Regarding Section 2.1 and 2.2 of the PPS the proposed setback from the wetland and watercourse should also any impacts from the proposed development to be mitigated. In respect of Section 3.1 our office has no concern. Ontario Regulation 174/06 The proposed development is within the 120 m regulation limit of the Doran Lake PSW as such any development will require written permission from our office in accordance with our (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses) made under Section 28 of the Conservation Authorities Act. Please note that any proposed alterations to watercourse, including but not limited to, culvert installation, bridge crossings, diverting, dredging, realigning, stabilizing, also requires the prior written permission of the RVCA in accordance with Ontario Regulation 174/06 “Development, Interference with Wetlands and Alterations to Shorelines and Watercourses”. Tay River-Bobs and Crow Lake Catchment Report There is little within the report the relates directly to this property. A headwaters drainage features has been identified; these features are depressions in the land that conveys surface flow. They are important in maintaining hydrologic connectivity, maintaining habitat conditions and sediment transport as should be protected. The report identifies that diversion of runoff and enhanced shoreline buffers are important to continue to protect and enhance water quality. Maintaining natural vegetation can also protect against erosion and provides important habitat for wildlife. Low Impact Development methods should also be considered to improve runoff quality and promote infiltration of runoff.

Page 277 of 304

Page 2 of 3

Mississippi Rideau Source Water Protection Plan This property has been identified as overlying 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 ground water supplies. For this reason, care should be taken to avoid land uses and practices that may inadvertently lead to undesirable effects on groundwater. For this reason, care should be taken to avoid land uses 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 property maintained, avoiding use of pesticides, herbicides and fertilizers.

Conclusions In conclusion our office has no objection the subject application. Please advise us on the Committee’s decision respecting this application or any changes in the status of the application. Thank you for the opportunity to comment and please do not hesitate to contact the undersigned at (613) 692-3571 x1109 should you have any questions. Yours truly,

Sarah MacLeod-Neilson Planner cc – Carole Pickett, owner

Page 278 of 304

Page 3 of 3

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: April 14, 2022 Permission Application (S. 45(2) of the Planning Act) Subject: PL-ZNA-2022-0028, Carole Pickett, 217-219 Garrett Road, Bedford District

Summary This report recommends that the Committee of Adjustment grant approval of this application for permission to enlarge a legal non-conforming building per section 45(2) of the Planning Act, subject to conditions.

Background Official Plan Designation: Rural and Environmental Protection Area Zoning: Rural (RU) and Environmental Protection (EP) Relief Requested The applicant seeks permission under section 45(2) of the Planning Act to enlarge one of the two single detached dwellings on the property. This permission is requested because the Rural (RU) zone only permits one dwelling on the property. Related Applications The lands are not subject to any additional applications under the Planning Act.

Discussion/Analysis Property Description The subject property is located at 217-219 Garrett Road. The 206-acre property consists of fields, forest and wetlands. The wetlands are part of the Provincially significant Doran Lake Wetland. The two single detached dwellings, two sheds and two barns on the property are near Garrett Road. The primary dwelling has a 2,612 square feet gross floor area. This dwelling is setback approximately 55 metres from the front lot line. The secondary dwelling has a 1,408 square foot gross floor area. This dwelling is setback approximately 68 metres www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 279 of 304

Township of South Frontenac Staff Report - PL-ZNA-2022-0028, Carole Pickett, 217-219 Garrett Road, Bedford District

from the front lot line. The two dwellings are more than 90 metres from the nearest wetland. The two dwellings are serviced by a shared well and sewage system. Summary of Proposal The proposal is to construct a 300 square foot addition to the secondary dwelling for an accessible, main floor bedroom. Agency Comments Public Services did not provide comments on the application as it does not impact the existing entrance of the property. Building Services indicated that a performance review of the existing sewage system will be required as part of the building permit application process for the proposed addition. Rideau Valley Conservation Authority indicated on April 3, 2022, that it has no objection to the approval of this application. They noted that the proposed development is within the 120 metre regulation limit of the Doran Lake Provincially Significant Wetland, and that written permission from their office will be required under O. Reg. 174/06. Public Comments No comments were received from the public at the time this report was written. Planning Analysis The subject property is zoned Rural (RU), which permits one dwelling per property. The primary dwelling on the property was constructed in 1870 and the secondary dwelling was constructed in 1900. The secondary dwelling is a legal non-conforming use since it predates Zoning By-law No. 2003-75. The Zoning By-law does not prevent the continued use of the secondary dwelling. However, it does not permit the building to be enlarged in height, size or volume. Through its powers under section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the building. Permitting the secondary dwelling to be enlarged through a 300 square foot addition for a main floor bedroom would make the dwelling accessible for elderly people and people with mobility issues. It would also support the Township’s goal to encourage residential development which is affordable, of high quality and capable of meeting the changing and diverse needs of the rural community. Adequate water and sewage disposal systems are a consideration for rural development. The two dwellings are serviced by a shared well and sewage system. The bedroom addition is not anticipated to result in an increase in water demand. A performance review www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 280 of 304

Township of South Frontenac Staff Report - PL-ZNA-2022-0028, Carole Pickett, 217-219 Garrett Road, Bedford District

of the existing sewage system will be required as part of the building permit application process for the proposed addition. The property is large enough to accommodate an upgraded or new sewage system that meets Ontario Building Code separation distances, if one is required. The primary dwelling and the secondary dwelling are setback approximately 55 metres and 68 metres from the front lot line, respectively. The dwellings are visually screened from the road by a treed fence line. The dwellings are more than 90 metres from the nearest wetland, which is in a valley to the west. The building addition would not have a negative impact on the wetland or its adjacent lands. 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 posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies

Recommendation That the Committee of Adjustment receive comments from the public and, pending comments received, approve for application PL-ZNA-2022-0028, subject to the following conditions.

1. Permission is granted to enlarge the 1,408 square foot secondary dwelling on the subject property by 300 square feet, consistent with drawings submitted at the time of application.
2. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac. Report Prepared By: Christine Woods, MCIP RPP, Senior Planner Reviewed By: Claire Dodds, MCIP, RPP, Director of Development Services www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 281 of 304

Page 282 of 304

Updated January, 2022

APPLICATION FOR MINOR VARIANCE OR PERMISSION

TOWNSHIP OF SOUTH FRONTENAC FSR9Nl.l.JE-[I41-CI

provided the Committee

is of the opinion

I

$979.00 $1,343.00 $2,058.00

Planting Fee:

Buildin

Admin Fee:

TOTAL: $1,076.00 $1,440.00 $2,1055.00

$46300 $72000 $1’183'00

$425.00 $358.00

Township of South Frontenac Minor Variance Only Minor Variance WITH Performance Review Minor Variance in combination with a new Class 2, 3, 4, or5 sewage system other than a Class A system

Cataraqui Region Conservation Authority

Quinte Conservation Authority

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

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

of the

1. it is required that one (1) copy of this application be ?led with the Secretary-Treasurer Committee of Adjustment, together with the SKETCH referred to in Note 3 (below), accompanied by a NON-REFUNDABLE FEE in accordance with the chart below in cash, debit or by cheque made payable to the Township of South Frontenac.

Application Requirements

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

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

The Committee of Adjustment is a Committee of eight persons appointed by Township Council. The Committee is formed under Section 45 of the Planning Act R.S.O. 1990, Chapter P.13, to authorize a minor variance from a zoning by-law.

‘“

/’\

Page 283 of 304

of Personal

Information

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

4. Collection

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

3. PLEASE READ THIS ITEM CAREFULLY

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

Page 284 of 304

/– (I3 ‘~

/Q0I3!I-9 6/? Q

2 O -3.3. «J

6

File No:

Bedford

Street Number:

9,

Concession Number:

District:

The description of the subject land:

Signature(s) of Owner(s)

Portland

Lot Number:

B/Loughborough

Storrington

Agent as named above is hereby authorized to act on behalf of the owners for purposes of processing this application for Minor Variance.

Email Address of Authorized Agent:

Phone number of Authorized Agent:

Full Mailing Address of Authorized Agent:

Name of Authorized 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, must accompany the application.

Email Address of Owner(s): _

Phone number of Owner(s)

Full Mailing Address of Owner(s): _

Name of Owner(s):

Date Received:

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

Page 285 of 304

3 3. /“L 1 Area:

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What are the existing uses of the subject land?

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

F o R E 51’

Name of Road/Lane:

No

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cu s‘zS’CeUD :ji2«u’eu:(Il—/r 0;-re <7nl2Hc”—Ew-U» re, es Does th subject property front on a municipally maintained road? No Yes OR a privately maintained road?

or»

;meA

/—/own.

Llcglteelea? I5.» 71> 57-.Le3E /”/JCH/HE/Q1 ‘feign E’(Q.u;.4‘L‘—LE/uT. 4140 130.37,» M¢To£<;r’(,‘LE, 6:4RS”, 5-‘vow-’~c:3:I—E, The reason why the proposed use cannot comply with the provisions of the Zoning By-law:

GULLD 5E’,9,£r’LFlT,Q

9 1

8 Lt(*7 M2

Frontage (on road/lane):

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

KUIZHL

The current zoning of the subject land:

Depth:

Frontage (on water):

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

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

Page 286 of 304

.

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(3)

indicate: (4)

14.Are any bui|ding(s) or structure(s), or additions to existing bui|ding(s) or structure(s), PROPOSED to be built on the subject land?

RE 5 I I3E M 7’!’ A L

13.The proposed uses of the subject land:

Setback from High Water Mark (If applicable)

Dimensions of Floor Area

.

'

sroru

O

6 H ED

I 9’

(2)

I‘7°55‘i“ 75$,“

ONE

Height of Building

(Also indicate if it is one story or two story)

7

.

Setback from Side Lot Line

\3

“

Setback from Rear Lot Line

a

l 3 (‘J

/3665t ;3.s,.;¢5

Setback from Front Lot Line

Type of Structure (E.g. residence)

(1)

12. If the answer to item 11 is yes, for EACH building or structure

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

Page 287 of 304

_

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"

_

{ 7 (4 57 V‘

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(2) (3)

setback

(4)

Do your plans include any DEMOLITION of existing structures?

Yes

?2l’<3

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

Setback from High Water Mark (If applicable)

Outside Dimensions of Buildinglstructure

Height of Building

_

Setback from Side Lot Line

LLI 3 ' I

Q L)

Setback from Front Lot Line

Setback from Rear Lot Line

6’ A R 9 C; E

Type of Structure (E.g. residence)

D E THC /4 E 0

(1)

15. Ifthe answer to item 14 is yes, for each proposed addition, building or structure indicate:

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

Page 288 of 304

Yes

Yes Yes

Yes

Increase in number of bedrooms

Increase in plumbing fixtures

Increase in living space

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

(a)

(b)

(c)

(d)

What are the uses of the proposed development?

If yes, please provide details:

Do your plans include the RAISING of an existing structure?

5

2oI7

lEl’No

E’No

E’No

EKNO

Yes

SHED

9.018

Gyrs

:@

PRIUQTE

LJELL

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

élollo

Ll}/IQ

P12I we re

55 u,~.4lz;«£

§r5

Tam

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

{QE$lDE.d(,f.

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

)___

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

N ow

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

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

Page 289 of 304

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

**Note: **

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

ii)

The distances to on—siteand abutting owners’ wells, septic fields and barns, from the property to be varied, IS REQUIRED to be shown.

The approximate location of all natural and artificial features on the subject land and on the land that is adjacent to the subject land. Examples include buildings, railways, roads, watercourses, drainage ditches, river or stream banks, barns, wetlands, wooded areas, wells and septic tanks. Show distance of these features from the applicant’s property lines.

The location of all abutting (neighbours’) lands.

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

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

i)

29. A SKETCH must be submitted showing the following:

me

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

Yes

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

me

E Yes

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

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

Page 290 of 304

Roam

2«~3

DAY OF

/’l Es’-Z LH

2&1;

,2o

7-1

5FiG—m§ I, /1292.25? (Zn OF solemnly declare that all the statements contained in this application are true and I make this solemn declaration conscientiogsly believing it to be true and knowing that it is of the same force and effect as if made

THIS

DATED AT THE TOWNSHIP or SOUTH FRONTENAC

The Owner/Applicant/Agent further agrees that, until such requests have been complied with, the municipality will have no continuing obligation to process the application or attend or be represented at the Ontario Municipal Board or any court or other administrative proceeding in connection with the application:

The Owner/ApplicantlAgent further agrees to provide the municipality, upon request and in cases where an application has been appealed to the Ontario Municipal Board, with a deposit (over and above the normal application fee), from which the municipality may, from time to time charge any fees and expenses incurred by the municipality in order to process the application. If such appeal expenses exceed the deposit, the Owner/Applicant shall pay the difference forthwith upon being billed by the municipality, with interest at the rate of 1.25% per month (15% per annum) on accounts overdue more than 30 days,

Vl?thout limiting the foregoing, such fees and expenses shall include the fees and expenses of consultants, planners, engineers, lawyers and such other professional and technical advisors as the municipality may, in its absolute discretion acting reasonably, consider necessary or advisable to more properly process and support the application.

The Owner/App|icantlAgent agrees to reimburse and indemnify the municipality for all fees and expenses incurred by the municipality to process the application, including any fees and expenses attributable to proceedings before the Ontario Municipal Board or any court or other administrative tribunal if necessary to defend Council’s decision to support the application.

The Owner/Applicant/Agent agrees that the information recorded in this Minor Variance Application Form is accurate. The Owner/Applicant/Agent agrees that representatives of the Township and, where applicable, the appropriate Conservation Authority, may enter onto the subject property for the purpose of determining the appropriateness of the site for the proposed development.

Attached to this application is a cheque payable to the Township of South Frontenac representing payment of the application fee.

AGREEMENT TO INDEMNIFY

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

Page 291 of 304

Page 292 of 304

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Page 293 of 304

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Inset Map

RAILTON ROAD

©

FOREST ROAD

STA GE CO A

3565 STAGE COACH RD

PL-ZNA-2022-0033 (GAGNE)

CH

2926 FOREST ROAD

RO

AD

Legend

FOREST RD

Subject Property Road

Railway

Assessment Parcel

Provincially Significant Wetlands Wetland

Wooded Area Water 2926 FOREST RD

2918 FOREST RD

Township Boundary

2898 FOREST RD

FOREST ROAD Produced by the Township of South Frontenac under license with the Ontario Ministry of Natural Resources © Queen’s Printer for Ontario, 2020.

Page 296 of 304

2949 FOREST RD

2929 FOREST RD

2901 FOREST RD

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

Scale 1:1,500 0

12.5

25

50

Meters

UTM Zone 18 NAD 83

Date: 2022-03-07

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: April 14, 2022 Minor Variance Application (S. 45(1) of the Planning Act) Subject: PLZNA-2022-0033 (Gagne) – 2926 Forest Road, District of Loughborough

Summary This application is a request for zoning relief for an accessory structure (detached garage and shed) to be located in the projected front yard of an existing dwelling. This report recommends that the Committee of Adjustment grant approval of this application, subject to conditions, as this application meets the four tests of a minor variance under section 45(1) of Planning Act.

Background Official Plan Designation: Rural Zoning: Rural

Zoning Relief Requested Section 5.24.2 – to permit accessory structures (detached garage and shed) to be located in front of the projected front wall of the dwelling 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.

Discussion/Analysis Property Description The subject property municipally known as 2926 Forest Road is located on the north side of Forest Road and has an area of approximately 0.84 hectares (2.09 acres). The subject property contains a dwelling with an attached deck and garage, a shed and associated sewage system. The development is accessed off a driveway from Forest Road.

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

Page 297 of 304

Township of South Frontenac Staff Report - PLZNA-2022-0033 (Gagne) – 2926 Forest Road, District of Loughborough

The dwelling including the deck and the attached two car garage has a total footprint of 173.5 square metres (1868 square feet). It is one storey with a height of 7.6 metres (25 feet). It is located on the west side of the subject property approximately 41.5 metres (136 feet) from Forest Road. The shed is located on the east side of the dwelling. It is 8.9 square metres (96 square feet) in size and has a height of 3.4 metres (11 feet). It is located 37.5 metres (123 feet) from Forest Road. The sewage system is located to the west of the single detached dwelling between the dwelling and the west property line. The surrounding lots are developed with similar residential uses.

Summary of Proposal The application is requesting permission to locate an accessory building (detached garage) in the front yard of the dwelling. The proposed detached garage is 7.3 metres by 7.3 metres (24 feet by 24 feet). It will have a total footprint of 53.5 square metres (576 square feet). It will be single storey with a height of 4.5 metres (14.6 feet) in compliance with the height for an accessory structure in the Rural zone. The proposed detached garage will be located 19.5 metres (64 feet) from the front lot line adjacent to Forest Road and 14.6 metres (48 feet) from the west side lot line. The garage would be located to the south-west of the dwelling. It will be located off the existing driveway. As part of this application, permission is also being requested to allow the existing shed to be located in the front yard.

Department and Agency Comments This application did not meet the criteria for circulation to any departments or agencies.

Public Comments No comments were received from the public at the time of the writing of this report.

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

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Township of South Frontenac Staff Report - PLZNA-2022-0033 (Gagne) – 2926 Forest Road, District of Loughborough

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. All four tests must be met for an application to be approved. 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 subject property is designated Rural in the Township Official Plan. The detached garage and shed are accessory uses consistent within the permitted residential use of a property in the Rural designation. The variance maintains the general intent and purpose of the Official Plan. Does the variance maintain the general intent and purpose of the Zoning By-law? The proposed detached garage and shed are permitted uses on the subject property. The proposed detached garage and shed do not exceed the maximum permitted height for accessory buildings, nor lot coverage for accessory buildings, and are not larger than the principal building. The garage is located a suitable distance from property lines. It is located 19.5 metres from the front lot line being Forest Road, which is 0.5 metres less than what is required for the principal building. It is also able to meet the other setback requirements for an accessory building in the RU zone (side yard and height). The garage will be located 14.5 metres from the principal dwelling. The shed is small in size (8.9 square metres), did not require a building permit and is located 37.5 metres from Forest Road. The shed is located 4.5 metres from the principal dwelling. The 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? Allowing the shed to be located on the east side of the property is practical as it provides safe storage of materials near the garage and the principal dwelling. The shed is existing and is roughly located in line with the principal dwelling. It is screened from Forest Road and from the neighbouring property to the east by trees and distance and is not visible from the road or neighbouring properties. The shed is small in size and scale and is located more than 20 metres from Forest Road. Locating the detached garage in the front yard on the west side of the property off the existing driveway is practical, as it facilitates access to the garage. The garage could not be located in line with, or behind, the dwelling on the west side of the property because the sewage system is located there. Although there is area on the east side of the property to

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Township of South Frontenac Staff Report - PLZNA-2022-0033 (Gagne) – 2926 Forest Road, District of Loughborough

locate a garage in line with, or behind, the dwelling, this would require a substantial increase in hard surface for a driveway extension across the front of the house. The proposed location of the garage will be screened from Forest Road by existing shrubs and trees, and distance. The size and scale of the garage will be smaller than the existing house. It is proposed to complement the dwelling in design and finish. The detached garage is proposed to be oriented so that the garage doors are facing east, perpendicular to the garage doors on the dwelling, so that the view of the property from the road is not overwhelmed by garages. This will allow the focus to remain on the residential use of the property. The applicant has indicated that between the two garages, they are intended to be used to store machinery, a four-wheeler, a motorcycle, a boat, cars, a snowmobile and yard equipment. The proposed garage is desirable for the appropriate development of the land, as it allows for enclosed storage which should help keep the property in a neat, tidy and safe condition. The variance is desirable for the appropriate development. Is the variance minor? Yes, the variance is minor as it maintains the general intent and purpose of the Official Plan and Zoning By-law, and is desirable for the appropriate development of the land.

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 posting on the Township’s Current Planning Application webpage by e-mail to prescribed persons and public bodies

Recommendation That the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PZNA-2022-0033 for 2926 Forest Road, District of Loughborough, subject to the following conditions:

1. The Minor Variance is for a detached garage and the shed. The detached garage is permitted to be located in the front yard of the dwelling, and setback a minimum of 19 metres from Forest Road; and the shed is permitted to be located in the front yard of the dwelling and setback a minimum of 20 metres from Forest Road, all as

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Township of South Frontenac Staff Report - PLZNA-2022-0033 (Gagne) – 2926 Forest Road, District of Loughborough

per the drawing submitted and received on March 1st, 2022 with PLZNA-2022-0033, attached to the Decision as Schedule “A”. 2. A building permit is required for ALL construction and demolition on the property. There shall be no additional development, or demolition of existing structures, on the property without the approval from the Township of South Frontenac. 3. Minor variance PLZNA-2022-0033 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws.

Report Prepared By: Anna Geladi, MCIP, RPP, Planner

Reviewed By: Christine Woods, MCIP RPP, Senior Planner

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To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: April 14, 2022 Subject: Decision 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) S-51-21-P (Allan) This undisputed consent was granted provisional consent on March 29, 2022. The purpose of this consent application is to create one new waterfront residential lot. b) S-65-21-B (Pricker) This undisputed consent was granted provisional consent on March 9, 2022. The purpose of this consent application is to create one new waterfront residential lot. c) S-78-21-S (Moreland) This undisputed consent was granted provisional consent on March 7, 2022. The purpose of this consent application is to create one new residential lot. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - Decision on Delegated Consents

d) S-82,83,84-21-L (Murphy) (Sands) These undisputed consents were granted provisional consent on March 7, 2022. The purpose of these consent applications is to create three new residential lots. e) S-85-21-L (Yeatman & Chartrand) This undisputed consent was granted provisional consent on March 29, 2022. The purpose of this consent is for the creation of a new open space lot. f) S-86-21-L (The Nature Conservancy of Canada) This undisputed consent was granted provisional consent on March 7, 2022. The purpose of this consent is for of a lot addition to the abutting property. g) S-87,88-21-S (Blake) (Williams) These undisputed consents were granted provisional consent on April 8, 2022. The purpose of these consent applications is to create two new waterfront residential lots. h) S-91-21-B (Thomas) This undisputed consent was granted provisional consent on February 18, 2022. The purpose of this consent application is to create a new right of way. i) S-94-21-P (Allan) This undisputed consent was granted provisional consent on April 8, 2022. The purpose of this consent is for a lot addition to the abutting property. j) S-93-21-L (Bachelder) This undisputed consent was granted provisional consent on March 7, 2022. The purpose of this consent is for the creation of one new residential lot.

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Township of South Frontenac Staff Report - Decision on Delegated Consents

k) S-95-21-P (Dixon) (Allan) This undisputed consent was granted provisional consent on April 8, 2022. The purpose of this consent is for a lot addition to the abutting property. l) PL-BDJ-2022-0004 (Swarthout)(Metcalfe) This undisputed consent was granted provisional consent on April 8, 2022. The purpose of this consent is for a lot addition to the abutting property. m) PL-BDJ-2022-0016 (Vandenberg) This undisputed consent was granted provisional consent on April 4, 2022. The purpose of this consent is for a new right of way. n) PL-BDJ-2022-0017 (Platenius) This undisputed consent was granted provisional consent on March 29, 2022. The purpose of this consent is for a new residential lot. Attachments None. Approvals Report Prepared By: Michelle Hannah, Planning Assistant Approved by: Claire Dodds, Director of Development Services

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