Committee Of Adjustment - 14 Dec 2023 - Agenda

Published December 14, 2023

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Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: December 14, 2023 Collection: Council Agendas Municipality: South Frontenac

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

7:00 PM, Thursday, December 14, 2023 Council Chambers/Virtual Via Zoom .

Call to Order

Resolution

Adoption of Agenda

Resolution.

Electronic Meeting Information

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

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

4 - 92

Declaration of pecuniary interest

None heard.

Approval of Minutes – November Meetings

Resolution - Approval of November 09, 2023 Minutes

93 100

Resolution - Approval of November 15, 2023 Minutes

101 102

Consent Applications from a Previous Meetings: (if applicable)

New Consent Applications:

PL-BDJ-2023-0080 (Hughson) (The Boulevard Group) - Storrington District

103 159

Property Address: Horning Road at Sydenham Road Purpose & Effect of the Application: Consent for the creation of one new rural residential lot, being 2.5 acres in area and having 80 metres of frontage on Horning Road.

Page 1 of 453

PL-BDJ-2023-0081 (Hughson) (The Boulevard Group) - Storrington District

160 216

PL-BDJ-2023-0082 (Hughson) (The Boulevard Group) - Storrington District

217 273

PL-BDJ-2023-0119 (Upton) - Bedford District

274 298

Property Address: 2163 Devil Lake Road Purpose & Effect of the Application: The applicants propose to abandon the existing right-of-way that runs through the developed area of the subject property and to establish a new right-of-way in a different location on the property. The new right-of-way would continue to provide legal access to multiple waterfront properties. The proposed right-of-way would be 750 metres long and 4.5 metres wide.

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

New Minor Variance / Permission Applications:

PL-ZNA-2023-0117 (Leonard) - Loughborough District

299 324

Property Address: 1004 Goslin Lane Purpose & Effect of the Application: The applicant seeks permission under section 45(2) of the Planning Act to enlarge a legal non-complying dwelling on the property within 30 metres of the highwater mark of Knowlton Lake b)

PL-ZNA-2023-0124 (Holmes & Menard) (Preston) - Bedford District

325 348

Property Address: 35 That Way Lane Purpose & Effect of the Application: The applicant seeks permission under section 45(2) of the Planning Act to enlarge a legal non-conforming dwelling on the property within 30 metres of the highwater mark of Devil Lake.

Page 2 of 453

PL-ZNA-2023-0125 (Duff) (McNutt) - Bedford District

349 379

Property Address: 126 Mill Bay Lane Purpose & Effect of the Application: The applicant is proposing to construct a 264sqft (24.5sqm) addition to the existing 1643sqft (152.6sqm) seasonal dwelling. The proposed addition would increase overall lot coverage of the seasonal dwelling from 6.9% to 8.1%. d)

PL-ZNA-2023-0126 (Goldie) - Storrington District

380 425

Property Address: 1121A Beach Lane Purpose & Effect of the Application: The applicant seeks permission under section 45(2) of the Planning Act to enlarge a legal non-complying dwelling on the property within 30 metres of the highwater mark of Cranberry Lake

PL-ZNA-2023-0127 (Asanin) - Loughborough District

426 451

Property Address: 1023 Koen Lane Purpose & Effect of the Application: The applicant seeks permission under section 45(2) of the Planning Act to enlarge a legal non-complying dwelling on the property within 30 metres of the highwater mark of Loughborough Lake. 10.

Other Business

Consent Granting Authority Report

Adjournment

Resolution

452 453

Page 3 of 453

Committee of Adjustment Meeting Page 4 of 453

Thursday, December 14, 2023 7:00 p.m. Council Chambers 4432 George Street, Sydenham, ON and Virtual on Zoom

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 joining on Zoom are muted on our end and your cameras will not be turned on. Committee Members

Township Staff

• Alan Revill

• Kate Kaestner (Planning Clerk/SecretaryTreasurer)

• Brett Moreland • Doug Morey • Kevin Fox • Mike Howe • Norm Roberts Page 5 of 453

• Randy Ruttan • Steven Pegrum

• Christine Woods (Senior Planner) • Noah Perron (Planner) • Tom Fehr (Planner)

Agenda

Page 6 of 453

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

Format for Each Hearing

Chair introduces application
Planner presents application
Applicant/agent permitted to address Committee
Members of the public permitted to address Committee (maximum 5 minutes per individual)
Staff and/or applicant to provide response to public comments / questions
Questions from Committee members (no comments or debate)
Secretary-Treasurer reads the resolution
Committee discussion and vote Page 7 of 453

After the Meeting • 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. • The applicant, the Minister or a specified person or public body in as defined by the Planning Act subsection 1(1) may appeal the decision to the Ontario Land Tribunal. The appeal must be filed with the SecretaryTreasurer 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. Page 8 of 453

• 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 • If a member of the public attending in person wishes to speak, we ask that they raise their hand, wait to be called on and clearly state their name for the record. Page 9 of 453

In Case of Technical Difficulties • If a Committee member joining virtually disconnects from the meeting, the meeting will proceed if there is still quorum. The Committee member will attempt to reconnect. • If quorum cannot be met 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 if the meeting is postponed.

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Notice of Collection

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• Personal information, as defined by the Municipal Freedom of Information and protection of Privacy Act (MFIPPA), including (but not limited to names, addresses, opinions and comments, is collected under the authority of the Municipal Act, 2001, Planning Act and in accordance with MFIPPA. • All personal information may form part of the meeting agendas and minutes, and therefore will be made available to members of the public at the meetings, through requests, and through the website of the Corporation of the Township of South Frontenac. • Questions regarding the collection, use and disclosure of this personal information may be directed to the Township Clerk.

Agenda

Page 12 of 453

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

New Consent Applications

Page 13 of 453

Application PL-BDJ-2023-0080, -0081 & -0082 Consent Application

Applicant: Herbert Hughson Agent: The Boulevard Group Property: Unaddressed Lands on the Corner of Sydenham Road & Horning Road Page 14 of 453

Property Description • Lot area of ~57.5Ac – With frontage on Sydenham Rd. & Horning Road • 3 existing barns (Red) • Rural Designation • RU Zone

Page 15 of 453

Proposal • 3 new rural residential lots • Severed lots: • 2Ac in area; 80m of frontage on Horning Road • Retained lot: • 50Ac in area; 250m of frontage on Horning Road & 845m on Sydenham Road

Page 16 of 453

Proposed Site Plan

Department and Agency Comments • Public Services – No Objection • Building Services – No Objection • Conservation Authority – Circulation not required following joint site-visit with Planning Staff

Page 17 of 453

Public Comments • Application circulated for public comment on August 11, 2023 • Planning Staff received approximately 15 letters objecting the proposed severance • Concerns included:

Page 18 of 453

• Groundwater availability • Groundwater quality • Impacts to adjacent groundwater users • Lack of groundwater studies • Compensation should the newly created lots impact existing wells

Planning Analysis • The PPS & County OP (S. 3.3) permit residential development on rural lands. Township OP permits residential development in the Rural designation. • Eligible for maximum of 3 severances (Section 5.7.4) • Satisfies minimum requirements for area and frontage (OP Section 5.7.4; ZBL Section 7.3.2) • Conforms to General Consent Policies:

Page 19 of 453

• Complies with Minimum Distance Separation I requirements • Applicant has demonstrated the ability for all lots to be serviced by private sewage disposal system (Section 7.1)

Planning Analysis

• Water Servicing (Section 6.10.3 & 7.1(s))

• Demonstrated as condition of approval – 6-hour pump test • Given concerns & independent review of well records on Horning Road – the Township will require a more detailed demonstration • Applicant to submit Hydrogeological Assessment completed by a Hydrogeologist (P. Eng or P. Geo) • To be prepared in accordance with the Townships Standards for Hydrogeological Assessment • Assessment to include: • Standard 6-hour pump test • Assessment of groundwater quality and quantity • Assessment of the potential for impact to adjacent water well users and properties

Page 20 of 453

• Submitted study to be peer-review by subject matter expert • Satisfactory assessment is required to clear the condition, and for Certificates of Official to be issued.

Hydrogeological Assessment

• Water Quantity and Interference Assessment

• To determine whether a new well has adequate and sustainable groundwater quantity, and to demonstrate whether operation of the new well will have unacceptable impact on the quantity of groundwater available to existing, adjacent users of the groundwater resource. • Hydrogeologist to provide comments on the acceptability of draw down interference on adjacent existing wells. The radius of interference to be determined by the Hydrogeologist and must be justified in the final report. • Considerations for adjacent owners do not wish to have their wells monitored for interference

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Recommendation

• Approval • Pending any comments received • Subject to condition

Page 22 of 453

• Conditions satisfied within 2 years • Severance is for 3 rural residential lots • Reference Plan deposited to LRO • Requirements for road widening (to be determined by OLS) • Payment of outstanding taxes • Parkland dedication • Hydrogeological Assessment • Closure of abandoned wells • Development Agreement registered on the title of the property (entrance permits, lot grading and drainage plans)

Questions & Comments

Applicant/Agent
Members of the Public
Committee Member questions

Page 23 of 453

PL-ZNA-2023-0080, -0081 & -0082 Resolution and Vote

Page 24 of 453

Application PL-BDJ-2023-0119 Consent Application

Applicants: Tim Upton Property: 2163 Devil Lake Road

Page 25 of 453

Property Description • • • •

Rural Designation RU and RRC-50 Zones 100 acre Frontage on Devil Lake and Devil Lake Road • Former resort and campground

Page 26 of 453

Proposal • Establish a new right-of-way for Michaels Lane • Abandon the existing right-ofway • 750 m long • 4.5 m wide

Page 27 of 453

Existing ROW to left, new proposed ROW to right

Proposed ROW looking east

Page 28 of 453

Page 29 of 453

Top left: Proposed ROW Bottom left: End of Proposed ROW Right: Existing ROW

Department, Agency and Public Comments • Public Services – New ROW must be surveyed to 20m width; lane designed and constructed to Township’s Private Lane Standards • Cataraqui Conservation – No objection; new lane requires a permit under O. Reg. 148/06 • Public Comment – Mr. Compton raised concerns about the steepness of grade and tight curve; the concerns will be alleviated if new lane constructed to Township standards Page 30 of 453

Planning Analysis • Existing ROW runs through developed area of property and near shoreline • The new ROW would facilitate redevelopment plans • Survey and construction standards needed to ensure safe access for users and emergency service vehicles • Legal access would continue to multiple waterfront properties

Page 31 of 453

Recommendation • Approval • Pending any comments received • Subject to conditions outlined in planning report:

Page 32 of 453

• 750m long, 20m width • Reference plan • Maintenance of legal deeded access • Proof of transfer, release and abandonment of existing ROW • Payment of property taxes • Lane construction to Township Private Lane Standards

Questions & Comments

Applicant/Agent
Members of the Public
Committee Member questions

Page 33 of 453

PL-BDJ-2023-0119 Resolution and Vote

Page 34 of 453

New Minor Variance / Permission to Enlarge Legal Non-Conforming Use Applications

Page 35 of 453

Application PL-ZNA-2023-0117 Permission to Enlarge Legal Non-Conforming Use

Applicant: Brad & Stephanie Leonard Property: 1004 Goslin Lane

Page 36 of 453

Property Description

Page 37 of 453

• Lot area of 1.05Ac – frontage on western shore Knowlton lake • Existing Dwelling (1900sqft) w/ attached deck (2063sqft) (red) & detached garage/carport (1000sqft) (purple) • HWM setbacks • Dwelling: 10m • Garage/Carport: 26.8m • Topography & Vegetation • Rural Designation • RLSW Zone

Proposal

Page 38 of 453

• Enlarge existing garage/carport • Two additional stories (“Man-Cave” & Storage) • Attached Covered Deck • Connect dwelling & garage/carport via covered walkway • Permission required to • Increase GFA of garage/carport to 2667sqft and height to 9.7m • Reduce highwater mark setback of garage/carport to 23.2m • Connect dwelling & garage/carport via covered walkway (180sqft increase in GFA) • The footprint would increase by the area of attached deck (480sqft) & covered walkway (180sqft). This increases overall lot coverage by 1.5%. • As connected structures, the garage/carport would become a component of the existing dwelling

Proposed Site Plan

Conceptual drawing of existing structures following renovation (rear view) Rear view of existing structures (Looking SE towards Knowlton Lake) Page 39 of 453

Conceptual drawing of existing structures following renovation (front view) Page 40 of 453

Front view of garage/carport (Dwelling to the left; Ridge between structure and slope viewable)

Conceptual drawing of existing structures following renovation (Side view)

Page 41 of 453

Conceptual drawing showing proposed covered deck

Department, Agency and Public Comments • Building Services – No objection – Existing sewage system will need to be replaced • Cataraqui Conservation – No objection • Public Comments – None received

Page 42 of 453

Planning Analysis • Existing garage/carport & dwelling are legal non-conforming uses, setback 26.8m and 10m from the HWM of Knowlton Lake. • Enlargements of legal non-conforming uses require permission from the Committee of Adjustment • No anticipated negative impacts on the environment or surrounding area: • Existing ridge, recommended runoff measures and tree buffer along shoreline will mitigate impacts

• Desirable for the appropriate development of the lands Page 43 of 453

• More favourable to enlarge garage/carport as opposed to the existing dwelling that is setback closer to the lake

Recommendation • Approval • Pending any comments received • Subject to condition: • Permission to:

• Enlarge GFA & height of garage/carport • Reduce HWM setback of garage/carport • Connect dwelling & garage/carport via covered walkway

Page 44 of 453

• Locations and dimensions should be consistent with submitted plot plans and drawings • Development agreement (erosion, runoff, shoreline vegetation) • Building permit

Questions & Comments

Applicant/Agent
Members of the Public
Committee Member questions

Page 45 of 453

PL-ZNA-2023-0117 Resolution and Vote

Page 46 of 453

Application PL-ZNA-2023-0124 Permission to Enlarge Legal Non-Conforming Use

Applicant: Karly Holmes and Alexandre Menard Agent: Mike Preston Property: 35 That Way Lane

Page 47 of 453

Property Description

Page 48 of 453

• 0.9ha lot area • 96 m frontage on Devil Lake; access from That Way Lane • Property slopes steadily down to lake and has mature tree cover • Contains existing dwelling and boathouse • Rural • RLSW zone

Proposal • Permission under section 45(2) of the Planning Act to enlarge a legal non-conforming dwelling • Existing dwelling • Single storey – 6.5 m height • 115.3 sqm ground floor area • Set back 15.3m from lake

• Proposed dwelling • Single storey – 8.2m height • 149.2 sqm ground floor area Page 49 of 453

• Set back 17.5m from lake

Page 50 of 453

Page 51 of 453

Page 52 of 453

Rear of existing dwelling and area of proposed development

Front of existing dwelling

Page 53 of 453

Towards waterfront from dwelling

Area of existing septic system

Department, Agency and Public Comments • Building Services – No objection to approval – property has flexibility for siting of septic system. • Cataraqui Conservation – No objection to approval. A permit under their regulation will be required prior to development. • Public Comments – None received

Page 54 of 453

Planning Analysis • Minimal footprint compared to existing = 33.9sqm increase • Lot coverage increasing from 1.3% to 1.6%

Page 55 of 453

• Setback of dwelling from lake is increasing by 2.2m • New septic system to be in compliant location • Proposed dwelling constructed in similar location as existing – minimize site disturbance/vegetation removal • No visual impacts anticipated from height increase • Conditions recommended related to controlling runoff, vegetation retention/removal, sediment erosion controls.

Recommendation

Page 56 of 453

• Approval • Pending any comments received • Subject to conditions • The application is approved in accordance with submitted drawings; • Development agreement to address runoff, erosion controls, vegetation retention. • Building permit is required for ALL demolition and construction on the property

Questions & Comments

Applicant/Agent
Members of the Public
Committee Member questions

Page 57 of 453

PL-ZNA-2023-0124 Resolution and Vote

Page 58 of 453

Application PL-ZNA-2023-0125 Minor Variance

Applicant: Barry & Debbie Duff Agent: Cameron McNutt Property: 126 Mill Bay Lane

Page 59 of 453

Property Description • Lot area of 0.54Ac (2185sqm) – frontage on Mill Bay Lane & Bob’s Lake • Existing Seasonal Dwelling w/ covered porch (1418sqft), attached deck/walkway (140sqft) & attached ramp (86sqft) • Rural Designation • RLSW Zone Page 60 of 453

Proposal • Proposed 264sqft addition • Seeking relief from Zoning Bylaw to permit: • Increase in overall lot coverage to 8.2% • Proposal would comply with all other requirements of the Zoning By-law Page 61 of 453

Proposed Site Plan

Page 62 of 453

Rearview of existing dwelling (facing SE towards Bob’s Lake)

Sideview of existing dwelling (addition to occur behind existing ramp)

Page 63 of 453

Proposed floor plans

Conceptual image of dwelling with proposed addition

Department, Agency and Public Comments • Building Services – No objection • Rideau Valley Conservation – No objection • Public Comment – None received

Page 64 of 453

Planning Analysis Variance meets four tests of a minor variance

Maintains the general intent and purpose of the Township of South Frontenac Official Plan
Maintains the general intent and purpose of Zoning By-law No. 2003-75
Is desirable for the appropriate development of the lands in question
Is minor Page 65 of 453

Recommendation • Approval • Pending any comments received • Subject to condition:

Page 66 of 453

• Minor variance is for a 264sqft addition. Lot coverage is permitted to be a maximum of 8.2%. Location must be consistent with sketch submitted by applicant • Development agreement (erosion, runoff, maintenance of shoreline buffer) • Building permit for the proposed structure • Only applicable to Zoning By-law 2003-75

Questions & Comments

Applicant/Agent
Members of the Public
Committee Member questions

Page 67 of 453

PL-ZNA-2023-0125 Resolution and Vote

Page 68 of 453

Application PL-ZNA-2023-0126 Permission to Enlarge Legal Non-Conforming Use

Applicant: Warren & Tracey Goldie Property: 1121A Beach Lane

Page 69 of 453

Property Description • Lot area of 1.05Ha with frontage on Cranberry Lake • Existing seasonal dwelling (1606.2sqft) w/ attached deck (804sqft), detached garage & bunkie • Dwelling setback 8.7m from HWM • High bedrock bank along shoreline • Rural Designation • RLSW Zone Page 70 of 453

Proposal

Page 71 of 453

• Replace existing seasonal dwelling • New dwelling built mostly within same building footprint (increase to 3850sqft; 358sqm) with reduce height • Permission required to • Increase gross floor area to 5047sqft (469sqm) • HWM setback of existing to be maintained (8.7m) – new dwelling to be re-oriented • Maintain same top of bank setback (2m)

Proposed Site Plan

Page 72 of 453

Rearview of existing seasonal dwelling (looking south towards Cranberry Lake)

Front view of existing seasonal dwelling (bedrock slope to shoreline partially viewable)

Conceptual front view

Conceptual rearview

Page 73 of 453

Supporting Documentation • Slope and Erosion Assessment (Concord Engineering, July 7, 2023) • Proposed development would be founded on bedrock • No anticipated with erosion or global slope stability from building on bedrock • The proposed development may be safely regulated by the site conditions, corresponding to the current location of the dwelling

Page 74 of 453

Department, Agency and Public Comments • Building Services – No objection • Rideau Waterway Development Review Team – No objection • Slope and Erosion Assessment considered sufficient

• Public Comment – None received

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Planning Analysis • Existing seasonal dwelling is a legal non-conforming use setback 8.7m from the HWM of Cranberry Lake • Enlargements of legal non-conforming uses require permission from the Committee of Adjustment • No anticipated negative impacts to the environment or surrounding area • Maintain existing HWM setback, runoff control & maintenance of shoreline buffer would mitigate environmental impacts • Scale and density of development not out of character for the neighbourhood, reduction in height

• Desirable for the appropriate development of the lands

Page 76 of 453

• Existing dwelling deteriorating with age • Maintain same top of bank setback • Improve existing conditions

Recommendation • Approval • Pending any comments received • Subject to conditions

• Permission to enlarge. Dwelling may have 3850sqft footprint area, 5047sqft gross floor area and 20.5ft building height, and be setback 8.7m from HWM of Cranberry Lake. Location and dimensions should be consistent with submitted drawing and plot plan. • Development agreement (erosion, runoff, maintenance of shoreline buffer)

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• Implement recommendations outline in Slope and Erosion Assessment

• Building permit

Questions & Comments

Applicant/Agent
Members of the Public
Committee Member questions

Page 78 of 453

PL-ZNA-2023-0126 Resolution and Vote

Page 79 of 453

Application PL-ZNA-2023-0127 Minor Variance

Applicant: Vera Asanin Property: 1023 Koen Lane

Page 80 of 453

Background • The following enlargement proposal was referred from Building Services after it was discovered that work had begun without receiving building permit or the necessary planning approvals.

Page 81 of 453

Property Description • Lot area of 21Ac – Frontage on Koen Lane & Loughborough Lake • Existing 1291.7sqft two-storey dwelling (Red) & detached storage barn (purple) • HWM setback • Dwelling: 25m • Rural Designation • Rural Zone Page 82 of 453

Proposal • Enlarge dwelling • Enclose portion of covered deck • Add greenhouse • Increase height • Permission to • Increase GFA to 2917.1sqft • Increase height to 25.25ft • Maintain existing HWM setback (25m) • Acknowledge garage addition to north side of dwelling, setback more than 30m from HWM of Loughborough Lake Page 83 of 453

Proposed Site Plan

Page 84 of 453

Front view of existing dwelling (Facing north; enclosed porch shown in red)

Side view of dwelling (Approximate location of proposed greenhouse)

Department, Agency and Public Comments • Building Services – Applicant required to replace existing sewage system • Cataraqui Conservation – did not require formal circulation as the renovation is to occur outside their area of regulation • Public Comment – None received

Page 85 of 453

Planning Analysis • Existing dwelling is a legal non-conforming use, setback 25m from the HWM of Loughborough Lake • Enlargements of legal non-conforming uses require permission from the Committee of Adjustment • No anticipated negative impacts on the environment or surrounding area: • None anticipated due to the modest size of the addition, recommended development agreement and maintenance of existing 25m HWM setback

• Desirable for the appropriate development of the lands Page 86 of 453

• Dwelling has deteriorated in quality with age and sat vacant for some time • Enlargement provides opportunity to revitalize the dwelling and make it livable once again

Recommendation • Approval • Pending any comments received • Subject to conditions

Page 87 of 453

• Permission is granted to enlarge the existing dwelling. The dwelling may be enlarged to a GFA of 2917.1sqft and a height of 25.25ft, setback 25m from the HWM of Loughborough Lake. Location and Dimensions should be consistent with submitted plot plans. • Development agreement (runoff, erosion, maintenance of shoreline vegetation) • Building permit

Questions & Comments

Applicant/Agent
Members of the Public
Committee Member questions

Page 88 of 453

PL-ZNA-2023-0127 Resolution and Vote

Page 89 of 453

Consent Granting Authority Report • PL-BDJ-2023-0079 (Tasneem) (ZanderPlan) - Loughborough • The purpose of this consent application was for the creation of one waterfront residential lot, being 6.2 hectares in area, and having frontage on 14 Island Lake. The newly created parcel would be accessed via an extension of Stewart Lane. • PL-BDJ-2023-0106 (Creasy) - Storrington • The purpose of this consent application was for the creation of one rural residential lot from property municipally known as 4371 Duff Road, being 0.8 hectares in area, with 76 metres of frontage on Keir Road. • PL-BDJ-2023-0118 (Schenkel) (Whiticar) - Bedford Page 90 of 453

• The purpose of this consent application was for one residential lot addition, being 0.13 hectares in area, from property municipally known as 1115 Lee Lane.

Consent Granting Authority (cont’d) • PL-BDJ-2022-0056 (Bechard) - Bedford • The purpose of this consent application was for the creation of one waterfront residential lot from property municipally known as 223 Sleapview Lane, being 3.4 hectares in area, with 103 metres of frontage on Sleapview Lane and 205 metres of frontage on Desert Lake • PL-BDJ-2023-0114 (Cumpson) - Storrington • The purpose of this consent application was for one residential lot addition, being 0.19 acres in area, from property municipally known as 4403 Latimer Road. • PL-BDJ-2023-0115 (Sanderson) - Portland Page 91 of 453

• The purpose of this consent application was for one new rural residential lot from property municipally known as 3786 McConnel Road, being 1.5 hectares in area.

Adjournment

Page 92 of 453

Minutes of Committee Of Adjustment November, 9, 2023

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

Call to Order

Adoption of Agenda

Resolution. Resolution No. 2023-10-02 Moved by: Norm Roberts Seconded by: Kevin Fox THAT The Committee of Adjustment adopts the agenda for the November 09, 2023 Committee of Adjustment meeting. Carried

Electronic Meeting Information

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

A PowerPoint Presentation, prepared by Township Staff, was displayed on the screen of the meeting.

Declaration of pecuniary interest

None declared.

Approval of Minutes – October 12, 2023 Meeting

Resolution. Resolution No. 2023-10-03 Moved by Kevin Fox Seconded by: Norm Roberts THAT the Committee of Adjustment approves the minutes of the October 12, 2023 Committee of Adjustment meeting.

Page 93 of 453

Minutes of Committee Of Adjustment November, 9, 2023 Carried 6

Consent Applications from a Previous Meetings: (if applicable)

New Consent Applications:

PL-BDJ-2023-0103 (Deroche) - Loughborough Property Address: 1048 Shallow Lane Purpose & Effect of the Application: Consent for the creation of one new limited-service residential lot, being 2.0 acres in area, with frontage on Shallow Lane. The retained property would be 2.5 acres in area with frontage on Dusty Lane and Sydenham Lake. Noah Perron, Planner, delivered his report to the Committee with a staff recommendation of approval of the application, subject to conditions. Randy Ruttan, Chair, inquired as to whether there were any questions from the applicant, heir agent or members of the public regarding this application. Gay Beckwith, neighbouring property owner, stated that he had no objections to the proposed severance, however, he was concerned that the survey sketch that was circulated for the application was not the most up-to-date version and did not accurate depict the existing easements. Mr. Perron replied that should the application be approved, a new survey would be a required condition, and that survey would portray the most current information with respect to property lines and any easements. He stated that the Planning Department does not require the application sketch to be a plan of survey. Chair Ruttan inquired, 2 more times as to whether there were any further comments from the applicant, their agent or members of the public surrounding this application. None heard. Chair Ruttan inquired as to whether the members of the Committee had any questions or comments regarding this application. (None heard). Resolution No. 2023-10-04 Moved by: Alan Revill Seconded by: Steve Pegrum THAT the Committee of Adjustment approves Consent application PL-BDJ-20230103 for property municipally known as 1048 Shallow Lane for the creation of one new limited-service residential lot, to be a minimum of 2.0 acres in area and fronting on Shallow Lane, subject to conditions. Carried

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

PL-ZNA-2023-0046 (Sheridan) - Bedford District Property Address: 144 Timmerman Road Purpose & Effect of the Application:

Page 94 of 453

Minutes of Committee Of Adjustment November, 9, 2023 To permit a 98.2 sqm detached accessory structure to be setback 3.4 metres from the front lot line, whereas the Zoning By-Law requires 20 metres. Noah Perron, Planner, delivered his report to the Committee with a staff recommendation of approval of the application, subject to conditions. Chair Ruttan inquired, 3 times, as to whether there were any comments from the applicant, their agent, or members of the public regarding the application. (None heard). Chair Ruttan asked members of the Committee whether they had any comments or questions regarding this application. (None heard). Resolution No. 2023-10-05 Moved by: Steve Pegrum Seconded by: Alan Revill THAT the Committee of Adjustment approves Minor Variance application PLZNA-2023-0046 for property municipally known as 144 Timmerman Road, to permit a 98.2 square metre detached accessory structure to be setback 3.4 metres from the front lot line, subject to conditions. Carried 9

New Minor Variance / Permission Applications:

PL-ZNA-2023-0105 (Todd) - Loughborough District Property Address: 5970 Bedford Road Purpose & Effect of the Application: To request permission under Section 45(2) of the Planning Act to enlarge an existing 40.1sqm single storey legal non-conforming dwelling located within 30m of the highwater mark of Cronk Lake. The existing dwelling is also nonconforming as it is one of three dwellings currently on the property. The existing building will be raised and a new foundation and ground floor storey will be added underneath the existing structure. The footprint of the structure will also be expanded with an addition with a ground floor area of 10.4sqm. The addition will extend closer to the water than the existing dwelling. The gross floor area of the structure will increase from 40.1sqm to 101sqm and the height of the structure will increase from 4.3m to 6.6m Tom Fehr, Planner, delivered his report to the Committee with a staff recommendation of approval of the application, subject to conditions. Chair Ruttan inquired, 3 times, as to whether there were any comments from the applicant, their agent or the public regarding the application. (None heard). Chair Ruttan inquired as to whether there were any questions or comments from Committee Members regarding the application. Committee Member Mike Howe stated that he had attended the property and noted that it was quite small and constrained. He referenced a written comment from a neighbouring land owner, and questioned the suitabiilty of the septic system on the property with respect to serving the proposed development. Mr. Fehr replied that the Township was able to locate the septic permit records for all 3 septic systems on the property, confirming that they were installed with

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Minutes of Committee Of Adjustment November, 9, 2023 permits, and confirmed that the suitability of the septic system in relation to the proposed development would be addressed by the Building department at the building permit stage. Chair Ruttan inquired again as to whether there were any further questions from Committee members regarding the application. (None heard). Resolution No. 2023-10-06 Moved by: Alan Revill Seconded by: Steve Pegrum THAT application PL-ZNA-2023-0105 for property municipally known as 5970 Bedford Road is granted permission to enlarge the existing legal non-conforming dwelling to have 101 square metres in gross floor area, 50.5 square metres in ground floor area, and a height of 6.6 metres; subject to conditions. Carried b)

PL-ZNA-2023-0110 (Wilson) - Storrington District Property Address: 20500 Bearberry Island Purpose & Effect of the Application: To request permission under Section 45(2) of the Planning Act to enlarge a legal non-conforming use. The subject property contains a seasonal dwelling with a gross floor area of 134.5sqm and a height of 4.8m, setback 6.3m from Loughborough Lake. The applicant is proposing a new enlarged seasonal dwelling with a gross floor area of 251.5sqm and a height of 8.2m, setback 9.7m from Loughborough Lake. The proposed dwelling would occupy a lesser footprint but would include an additional storey. Noah Perron, Planner, delivered his report to the Committee with a staff recommendation of approval of the application, subject to conditions. Chair Ruttan inquired, 3 times, as to whether there were any comments from the applicant, their agent, or the public. (None heard). Chair Ruttan asked Committee members as to whether they had any questions or comments with respect to the application. (None heard). Resolution No. 2023-10-07 Moved by: Doug Morey Seconded by: Kevin Fox THAT application PL-ZNA-2023-0110 for property municipally known as 20500 Bearberry Island be granted permission to enlarge the legal-non conforming dwelling to have a gross floor area of 251.5 square metres and a height of 8.2 metres, and to be setback 9.7 metres from the highwater mark of Loughborough Lake, subject to conditions. Carried

Page 96 of 453

Minutes of Committee Of Adjustment November, 9, 2023 c)

PL-ZNA-2023-0122 (Pritchard) - Bedford District Property Address: 55 Oak Shores Crescent Purpose & Effect of the Application: To request permission under Section 45(2) of the Planning Act to enlarge an existing 70.6sqm deck attached to an existing dwelling. The existing deck and dwelling are legal non-conforming due to being located within 30m of the highwater mark of Bob’s Lake. The existing deck is set back 16.7m from the lake and wraps around the dwelling on three sides. The deck attached to the west side of the dwelling has been expanded. The new overall area of the deck is 91.7sqm and it is set back 15.2m from Bob’s Lake. The deck has been reconstructed and expanded prior to the granting of the required approvals and building permits Tom Fehr, Planner, delivered his report to the Committee with a staff recommendation of approval of the application, subject to conditions. Chair Ruttan inquired, 3 times, whether there were any comments from the applicant, their agent or members of the public with respect to the application. (None heard). Chair Ruttan inquired as to whether there were any questions or comments from Committee members. Steve Pegrum, Councillor and Committee Member, noted that the Committee does not like to see development that has taken place prior to obtaining the appropriate approvals and permits, and inquired as to what recourse there has been for this occurrence. He also inquired as to whether any of the concerns of the neighbouring property owner had been addressed. Mr. Fehr replied that one of the conditions of approval of the application is that the applicant would be required to obtain the appropriate building permits for the construction, and that there would be recourse under the building Code Act should be not obtain those permits. Mr. Fehr stated that with respect to the concerns raised by the neighbour, the Township is working with the property owner to ensure that the property is brought into compliance with the zoning by-law. He also stated that the subject application was circulated in accordance with the provisions outlined in the Planning Act. Chair Ruttan inquired why the applicant is only now asking for permission when the work has already been completed. Mr. Fehr stated that in order to obtain he required building permit, the property owner first has to receive permission from the Committee so that the proposal would be in compliance with all applicable law and the permit could be issued. Chair Ruttan inquired as to whether there would be the required inspections on the deck with respect to it’s safe construction. Mr. Fehr confirmed that once the building department would be inspecting the deck and ensuring it’s compliance with the Ontario Building Code. Committee Member Alan Revill echoed his frustration with the fact that the construction had taken place prior to obtaining the proper approvals, however,

Page 97 of 453

Minutes of Committee Of Adjustment November, 9, 2023 with the department recommending approval, it may not be fruitful to deny the application. Committee Member and Councillor Norm Roberts inquired as to whether the applicant would be forced to remove the deck should the application be denied. Christine Woods, Senior Planner, stated that the construction was originally discovered by a Building Inspector. When this occurs, the property owner is issued an order and given two options: either apply for and obtain all required approvals and permits, or to remove the structure. It is up to the owner how to proceed. If they wish to keep the deck, then there is a process that needs to be followed. There was already an existing deck on the dwelling which was rebuilt, and this application is for the small extension of the deck. If approved, they will then need to prove to the building department that it was constructed in compliance with the OBC. Mr. Pegrum inquired as to whether there was any sort of penalty for doing construction without the required approvals or permits. Ms. Woods stated that the application fee and the building permit fees are both increased when development occurs prior to obtaining the proper approvals. Mr. Howe expressed his hope that there are consequences and that the public hears and understands that the rules must be followed, and permits must be obtained prior to commencing construction. Resolution No. 2023-10-08 Moved by: Steve Pegrum Seconded by: Mike Howe THAT application PL-ZNA-2023-0122 for property municipally known as 55 Oak Shores Lane is granted permission to enlarge the existing deck to be 91.7 square metres in area and to be setback 15.2 metres from the highwater mark of Bob’s Lake; subject to conditions. Carried d)

PL-ZNA-2023-0123 (Kaack) - Loughborough District Property Address: 7248 Perth Road Purpose & Effect of Application: The applicant proposes to construct a 97.7sqm single detached dwelling, a new septic system, a 32sqm detached garage, and relocate two existing 9sqm sheds on the property. Minor variances are being requested for relief from the 15m top of bank setback as well as from the 30m setback from a watercourse that runs through the property. The proposed setbacks from the watercourse are 22m for the single detached dwelling, 21m for the septic system, 22m for the detached garage, and 18m for the sheds. The proposed setbacks from top of bank are 6m for the single detached dwelling, 6.5m for the septic system, 22m for the detached garage, and 10m for the sheds.

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Minutes of Committee Of Adjustment November, 9, 2023 Tom Fehr, Planner, delivered his report to the Committee with a staff recommendation of approval of the application, subject to conditions. Chair Ruttan inquired, 3 times, as to whether there were any comments from the applicant, their agent, or members of the public regarding the application. (None heard). Chair Ruttan inquired as to whether there were any comments or questions from members of the Committee. Mr. Howe stated that he had visited the property and noted that it was very narrow. He inquired as to how concerns regarding the contamination from runoff during construction. Mr. Fehr stated that the Development Agreement, which would be a condition of approval, would speak to the requirements surrounding runoff and protection of the waterbody. Committee member and Councillor Doug Morey stated that while he appreciated that a Development Agreement was going to be put into place, he inquired as to how the Agreement is enforced, and whether it is purely complaint based or whether there is active monitoring that occurs at the site during construction by someone who is knowledgeable on the protection of watercourses. Ms. Woods stated that there isn’t active monitoring of the requirements of the Agreement(s) but that the Building Inspectors are aware that the Agreement is in place and what the Agreement speaks to. When they are on site and they observe something that is of concern they will raise that concern with the Planning Department. One of the requirements under the Agreement is for sediment and erosion control, which usually requires a silt fence at the top of the ridge so that no materials enter into the watercourse. Mr. Pegrum stated that when he attended the site, he noticed a rock ridge between the proposed development area and the waterbody and he suspects that this ridge will help to act as a buffer during construction.

Resolution No. 2023-10-09 Moved by: Mike Howe Seconded by: Steve Pegrum THAT the Committee of Adjustment approves minor variance application PLZNA-2023-0123 for property municipally known as 7248 Perth Road to permit a 97.7 square metre single detached dwelling to be located 22 metres from the highwater mark and 6 metres from the top of bank , a septic system to be located 21 metres from the highwater mark and 6.5 metres from the top of bank, to permit a 32 square metre detached garage to be located 22 metres from the highwater mark, and to permit two (2) 9 square metre accessory buildings, being storage sheds, to be located 10 metres from the top of bank and 18 metres from the watercourse; subject to conditions. Carried

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Minutes of Committee Of Adjustment November, 9, 2023 10

Other Business

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

Adjournment

Resolution. Resolution No. 2023-10-010 Moved by: Kevin Fox Seconded by: Doug Morey THAT the November 09, 2023 meeting of the Committee of Adjustment for the Township of South Frontenac is hereby adjourned at :02 pm to reconvene on Thursday, December 14, 2023 at 7:00pm or at the call of the Chair. Carried

Randy Ruttan, Chair

Page 100 of 453

Minutes of Committee Of Adjustment November, 15, 2023

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

Call to Order

Adoption of Agenda

Resolution. Resolution No. 2023-11-02 Moved by: Norm Roberts Seconded by: Kevin Fox THAT the Committee of Adjustment adopts the Agenda for the special November 15th, 2023 Committee of Adjustment meeting. Carried

Scheduled Closed Session

Resolution Councillor and Committee Member Norm Roberts inquired as to why the Committee had to go into Closed Session for training purposes. James Thompson, Clerk, replied that under section 239(1) 3.1 of the Municipal Act, Committees of Council can go into closed session for the purposes of education and training. Resolution No. 2023-11-03 Moved by: Alan Revill Seconded by: Steve Pegrum THAT the Committee of Adjustment resolve into Closed Session as permitted by Section 239 (1) 3.1 of the Municipal Act, for the purposes of education and training. Carried

Education/Training session - Committee Procedure

Page 101 of 453

Minutes of Committee Of Adjustment November, 15, 2023 c)

Resolution Resolution No. 2023-11-04 Moved by: Steve Pegrum Seconded by: Alan Revill THAT the Committee of Adjustment rise from “Closed Meeting” without reporting. Carried

Adjournment

Resolution. Resolution No. 2023-11-05 Moved by: Alan Revill Seconded by: Steve Pegrum THAT the November 15, 2023 special meeting for the Committee of Adjustment is hereby adjourned at 9:00 pm, to reconvene on Thursday December 14th, 2023 or at the call of the Chair. Carried

Randy Ruttan, Chair

Page 102 of 453

Page 103 of 453

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Page 115 of 453

‘ALH

SOUTH FRONTENAC PL-BDJ-2023-0080/81/82

(HUGHSON) (THE BOULEVARD GROUP) HORNING ROAD & SYDENHAM ROAD Legend

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Page 116 of 453

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Page 117 of 453

Page 118 of 453

Separation

Applications for consent (lot creation)

Roll#: 1029-060-010-02102

Unaddressed parcel fronting Sydenham Road

Distance

(MDS)

Publication 853 provides two classes of MDS formulae: MDS l and M DS ll. MDS l applies the setbacks between proposed new development and existing livestock facilities. MDS ll applies to setbacks from new, enlarged, or renovated livestock facilities and existing or approved development. The owner of the subject property is seeking to subdivide the parcel into a total of four (4) separately conveyable parcels, maintaining the existing livestock facility and accessory structures on the proposed retained parcel (fronting Sydenham Road) while establishing three (3) vacant parcels suited for residential development fronting Horning Road. Based on the Planning Act application (Section 53), the proposal is subject to MDS l consideration.

This Minimum Distance Separation (MDS) Assessment utilizes the 2017 MDS formulae as provided in Publication 853 issued by the Ministry of Agriculture, Food and Rural Affairs (OMAFRA). Publication 853 includes the definitions, implementation guidelines and factor tables (i.e., calculations) which collectively make up the MDS formulae referenced in the Provincial Policy Statement (PPS), as well as additional information to assist with the interpretation and application of the MDS formulae. The calculations are completed using the AgriSuite software supplied by OMAFRA, while the definitions and guidelines provide necessary direction to interpret and apply the calculations.

RE:

July 2023

Assessment

Minimum

QLVD.

Page 119 of 453

—

Figure 1 Subject Property

Page 120 of 453

—

Although the buildings on the subject property fail to accommodate livestock currently, the

A site visit was completed Friday, June 23, 2023, to confirm the required parameters associated with the livestock facility. During the site visit, the author spoke with the owner (Neil Carey), who toured the property and confirmed the lack of livestock on—siteand the conversions which took place years past to support the agricultural equipment sales use. The former livestock facility has and currently functions as a machinery storage facility.

The property known municipally as 2217 Horning Road located on the south side of Horning Road, immediately west of the Homing Road & Sydenham Road intersection. The subject property measures approximately 40.0 hectares in area and is developed with a single detached dwelling, unoccupied livestock facility and multiple accessory structures. The subject property is the home of Carey Equipment Sales, which sells agricultural equipment (see Exhibit A Livestock Facilities Photos). Although the subject property maintains multiple accessory structures and a livestock facility, the unoccupied livestock facility has been converted internally to support the agricultural equipment sales use, no longer capable of housing livestock.

LivestockFacility#1: 2217 Homing Road

Figure 3 delineates the livestock facilities described above so that spatially, there location as it relates to the subject property is better understood and represented visually.

Page 121 of 453

—

The MDS assessment utilizing the OMAFRA AgriSuite software and the agricultural use

—

A site visit was completed Friday, June 23, 2023, to confirm the required parameters associated with the livestock facility; which included obtaining multiple photos of the structure to augment previous discussions with the owner of the lands, Mr, Bert Hughson (see Exhibit B Livestock Facilities Photos).

The livestock facility measures (15.5m x 11.0m) 170.5 square metres that is a wood framed structure clad in wood siding. Notwithstanding the total livestock facility area, the owner pastures 25 beef backgrounders on the subject property, with limited access to the structure. The subject property currently maintains 58.5 acres, whereas should the proposed consent applications be approved the proposed retained parcel would be approximately 51.0 acres. The northernmost structure is an open building that is used for storage, not livestock. The southernmost building is utilized for both hay and equipment storage, therefore exempt from being included in the total livestock facility area for the purposes of the MDS calculation.

The subject property located at the northwest corner of Sydenham Road & Horning Road is unaddressed. The subject property is currently development with a livestock facility, that is located immediately adjacent to Sydenham Road, along the easternmost boundary of the land holding. The existing livestock facilities are proposed to be maintained through the processing of these Consent applications and entirely located on the proposed retained parcel. The subject property is currently utilized for beef cattle pasturing, while the livestock maintains access to the existing livestock facility for shelter.

LivestockFacility#4: unaddressedSydenham Road(retained parcel)

—

experienced multiple additions over the past decades, most recently in 2020. Through discussions with the owner, it was confirmed that the livestock facility is designed to accommodate 35 dairy cattle (see Exhibit B Livestock Facilities Photos). The MDS assessment utilizing the OMAFRA AgriSuite software and the agricultural use parameters summarized above, a required MDS setback of 370 metres was yielded using OMAFRA AgriSuite software (see Exhibit A M DS Calculation) as it relates to the livestock facility and 433 metres was yielded from the manure pit. The proposed severed parcels on the subject property are located on the southern extent of the lands, fronting Horning Road, which are well beyond the MDS l setback generated from the livestock facility located at 3113 Sydenham Road. Therefore, in accordance with OMAFRA guidance, the livestock facility will have no adverse odour impact on the proposed development as considered through this consent application.

Page 122 of 453

—

Structure Photos

Figure 1 Subject property &equipment sale yard fronting Homing Road

A: MDS Assessment

2217 Horning Road

Exhibit

Page 123 of 453

Page 124 of 453

Page 125 of 453

2989 Sydenham Road

Page 126 of 453

3113 Sydenham Road

Page 127 of 453

....,t_..,.,,_

Unaddressed Sydenham Road (retained parcel)

Page 128 of 453

Figure 24 —

interior ofsouthernmost structure on the subject property

—

used forstorage

Page 129 of 453

Date (mmm-dd-yyyy)

27 June 2023

Agrisuite

The Ontario Ministry of Agriculture, Food and RuralAffairs (OMAFRA)has developed this software program for distribution and use with the Minimum Distance Separation (MDS)Formulae as a public service to assist farmers, consultants, and the general public. This version of the software distributed by OMAFRAwill be considered to be the of?cial version for purposes of calculating MDS. OMAFRA is not responsible for errors due to inaccurate or incorrect data or information; mistakes in calculation; errors arising out of modi?cation of the software, or errors arising out of incorrect inputting of data. Alldata and calculations should be veri?ed before acting on them.

Note to the user

Jason Sands

Signature of preparer

613-453-2715 jason@theb|vdgroup.ca

Kingston, ON

Preparer contact information Jason Sands The Boulevard Group

Preparer signoff & disclaimer

6/27/23, 8:57 PM

Page 130 of 453

Date (mmm-dd-yyyy)

27 June 2023

AgriSuite

The Ontario Ministry of Agriculture, Food and Rural Affairs(OMAFRA) has developed this software program for distribution and use with the Minimum Distance Separation (MDS)Formulae as a public service to assist farmers, consultants, and the general public. This version of the software distributed by OMAFRAwillbe considered to be the of?cial version for purposes of calculating MDS. OMAFRAis not responsible for errors due to inaccurate or incorrect data or information; mistakes in calculation; errors arising out of modi?cation of the software, or errors arising out of incorrect inputting of data. All data and calculations should be veri?ed before acting on them.

Note to the user

Jason Sands

Signature of preparer

Preparer contact information Jason Sands The Boulevard Group Kingston, ON 613-453-2715 jason@theb|vdgroup.ca

Preparer signoff & disclaimer

6/27/23, 8:49 PM

Page 131 of 453

Date (mmm-dd-yyyy)

27 June 2023

AgriSuite

The Ontario Ministry of Agriculture, Food and RuralAffairs (OMAFRA)has developed this software program for distribution and use with the Minimum Distance Separation (MDS)Formulae as a public service to assist farmers, consultants, and the general public. This version of the software distributed by OMAFRAwillbe considered to be the of?cial version for purposes of calculating MDS. OMAFRAis not responsible for errors due to inaccurate or incorrect data or information; mistakes in calculation; errors arising out of modi?cation of the software, or errors arising out of incorrect inputting of data. Alldata and calculations should be veri?ed before acting on them.

Note to the user

Jason Sands

Signature of preparer

jason@theb|vdgroup.ca

Preparer contact information Jason Sands The Boulevard Group Kingston, ON 613-453-2715

Preparer signoff & disclaimer

6/27/23, 8:43 PM

Page 132 of 453

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Page 135 of 453

Noah Perron From: Sent: To: Cc: Subject:

Herman Cornel August 17, 2023 7:24 AM planning Del Blakney Notice of Consent Applications: PL-BDJ-2023-0080/81/82

Follow Up Flag: Flag Status:

Follow up Completed

Kate Kaestner: Hi, I’ve been informed by a neighbour of the subject application for severance by applicant Herbert Hughson and its deadline for comments (2023Aug28) and therefore I am writing to you as the notice indicates with my comments/concerns. With well water being a well known issue on Horning, both in quantity and quality, having more homes on Horning Rd raises our concern about more new wells affecting our existing wells. Is it correct that now or in the near future lots of 2.5acres in size, as being proposed here, will be permitted to have two homes each, making these three lots possibly to include six homes, not just three? Is there a requirement for the applicant to provide a well water study to convince/assure the existing residents that our wells will not be affected? What is the plan to assure the existing residents of Horning Rd that our wells will not be affected by this development? I trust that this written email is adequate to fulfill the requirements for “comments or objections to this application” and I look forward to any feedback on this important matter. Further, as stated in the subject notice, I request to be notified of the application decision and I assume this e-mail written request is sufficient for such a request. Also as stated in the subject notice, I request the public record of this communication NOT include my “postal address, telephone number and e-mail address” and I assume this e-mail written request is sufficient for such a request.

/Herman Cornel

Page 136 of 453

Page 137 of 453

Noah Perron From: Sent: To: Subject:

Jim Neeson August 21, 2023 1:24 PM planning Notice of Consent Applications PLBDJ20230080 ,PLBDJ20230081 , &PLBDJ20230081

ATT; Noah As a resident of Horning Road for over 35 years, I strongly object to this severance application. The only reason is the lack of a constant water supply. When I moved here on September 1 st 1988 , the well was dry for several weeks. When I went to Ministry of the Enviroment of Ontario on October 16 ,2 012 to obtain a copy of the well record. There was only one well record which is dated February 28 ,1983. The person dealing with my application at the Ministry of the Enviroment stated the he would never built a house there because of this well report. I applied to MPAC for a lower evaluation of my house due to at least 3 months of having a dry well . I received a lower evaluation. The well being dry is also full of Sulpher when I do have water. It must be noted that a resident of City of Kingston who lives almost across the street from this location had a well drilled and went down over 200 feet and came up dry. Apparently he spent $20,000.00 Yours truly Jim Neeson Sent from Mail for Windows

Page 138 of 453

Noah Perron From: Sent: To: Subject:

Jay Clayton August 21, 2023 5:38 PM planning Land severance

Follow Up Flag: Flag Status:

Follow up Completed

Kate Kaestner Secretary-Treasurer, Committee of Adjustment P.O. Box 100, 4432 George Street Sydenham, Ontario K0H 2T0 I am writing with reference to the application PLBDJ20230080, PLBDJ20230081 and PLBDJ20230082. I live at 2392 Horning Road. The water situation is already taxed in my area, in which I am forced to primarily use my cistern as a water source. The severance will make this much worse for all involved. Thanks for your concern, Jason Clayton 2392 Horning Road Elginburg, ON K0H 1M

Page 139 of 453

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Page 145 of 453

Katherine Christmas and Peter Raftis 2328 Horning Road Elginburg ON. KH 1M0 Kate Kaestner Secretary-Treasurer, Committee of Assessment South Frontenac Township PO Box 100 4432 George Street Sydenham ON K0H 2T0 Re:

NOTICE OF CONSENT APPLICATIONS PLBDJ2023-0080, 0081 & 0082 (Horning Road) (HERBERT HUGHSON AND THE BOULEVARD GROUP)

Further to our letter delivered to your office on August 17, 2023, it has been brought to our attention that South Frontenac Township does not measure well recovery rates1, 2 on newly drilled wells but rather you measure volume only. If this true, this is a foolhardy and shocking approach to responsible ground water management. According to the Government of Ontario, Ministry of Environment and Energy’s guidelines “the recovery water levels must be measured and recorded 3 - simply recording and measuring well pumping rates is not enough. We are aware that our neighbours on Horning and Sydenham Roads are all deeply concerned about this issue and we hope that you will take all factors into consideration before allowing this atrocity to continue with regard to and further drilling of wells on this road. Sincerely, Katherine Christmas and Peter Raftis 2328 Horning Road, Elginburg ON K0H 1M0

1 Well Recovery Rate is the rate at which water runs into the well from the rock fissures and openings into the

lower portion of the well below the steel casing, while we’re pumping water out of the well. Some other terms for well recovery rate include well yield, well flow rate, and well water quantity. Recovery is the rate, in gallons per minute, at which water in the well returns to its static water level after the pump is turned off. The recovery rate is another estimate of well yield. To get this data, the driller measures depth to water in the well immediately at the end of the test. This is the drawdown. Then, at some later time, say one hour, depth to water is measured again. From this information, the driller figures the amount the water level rose in the well (e.g., the length of the water column) in that period of time. This is the recovery of the well.

2 (Estimating Private Well Yields using DEM’s Well Completion Report and Pumping Test Information)

https://www.mass.gov/doc/estimating-private-well-yields-0/download 3 Government of Ontario, Ministry of Environment and Energy

Page 146 of 453

From: To: Subject: Date:

planning Attention Kate Kaestner re: PLBDJ2023-0080, -0081 and 0082 August 19, 2023 2:38:19 PM

Greetings. I write concerning plans for the serverence of land in South Frontenac near my home at 2247 Horning Rd. and the possible residential development of that land. That I am aware of, there are three homes on the south side of Horning Rd., my home being one of them, that have water cisterns. In my case, the presence of the cistern ensured my water supply during a severe summer drought in the 1990s when supply was quite limited. Though I haven’t had to use it since, it is reassuring to know that it is there. Since that time, the city of Kingston has prohibited any new cisterns from being installed. Therefore, any significant increase in the demand for ground water could leave at least some of the current residents of Horning Rd. with a dramatic decline in available water that could not be overcome by having current cisterns maintained or new ones installed, the expense aside. I have no difficulties with residential development of any land that is not useful for farming or conservation purposes. However, the supply of water is critical and will the developer guarantee that that supply will be maintained? Yours truly, Anita Smith Down 2247 Horning Rd., Elginburg, ON, K0H 1M0

Page 147 of 453

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Page 150 of 453

Report from Public Services PL-BDJ-2023-0080 Application Number: ___________________________________________________ Hughson Herbert Seth Applicant’s Name: _____________________________________________________

7 14 Storrington Lot: _______________District:

Concession: _________________ Horning Road Road: ________________________________________________________________

Road Maintenance:

✔ Year-round □

Seasonal □

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

✔ Yes □

No □

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

Road Conditions:

Are there any special drainage/ditching concerns related to creation of new lot(s)? ✔ Yes □ No □ If yes, what action is the applicant required to take?

This is a boundary road with the City of Kingston who have been circulated on this file. Existing drainage conditions flow through this property which cannot be adversely affected. Applicant is required to submit a grading and drainage plan for approval which addresses drainage from the existing cross culvert at this location

Is the overall road condition adequate to serve increased development/traffic? ✔ Yes □ No □ If no, please explain, and indicate if there are any measures that could be taken to correct the inadequacies.

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

Local road - rural classification. Ensure that there is a 20m (66ft road allowance) otherwise applicant to dedicate any shortfall of 10m from centerline.

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

Refer to drainage comments

Signature on behalf of Public Services

2023-09-13

Date

Page 151 of 453

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: December 14, 2023 Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & Subject: PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Summary These applications are for the creation of three new rural residential lots. The applications have unresolved objections/concerns raised by the public. For this reason, the Committee of Adjustment is being asked to make a decision on the consent applications. This report recommends approval of the applications.

Background The purpose of these applications is to create three new rural residential lots. The retained parcel is intended to be used for agricultural purposes. Application Details Severed Parcel 1 (PL-BDJ-20230080)

Severed Parcel 2 (PL-BDJ-20230081)

Severed Parcel 3 (PL-BDJ-20230082)

Retained Parcel

Area (Ac)

2.5

50.0

Frontage on Horning Road (m)

250.0

Frontage on Sydenham Road (m)

845.0

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

Page 152 of 453

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Designation and Zoning The subject property is designated Rural in the Township Official Plan. The property is zoned Rural (RU) in Zoning By-law No. 2003-75. Related Applications The lands are not subject to any additional application under the Planning Act. Review ✔ Conforms to section 51 (24) of the Planning Act; ✔ Does not require a plan of subdivision for the proper and orderly development of the municipality (s. 53(1) Planning Act); ✔ Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act); ✔ Conforms to the County of Frontenac Official Plan (s. 3.3 & 7.1); ✔ Conforms to the Township of South Frontenac Official Plan (s. 5.7.4 & 7.1); ✔ Does not comply with Zoning By-law No. 2003-75; and X

Has unresolved objections/concerns raised from agencies or the public.

Property Description The subject property is approximately 57.5Ac in area with 490m of frontage on Horning Road and 845m of frontage on Sydenham Road. Horning Road exists at the southernmost extent of Township and is a shared boundary with the City of Kingston. The property contains three livestock barns adjacent to Sydenham Road along the eastern lot line. The primary use of the property is beef cattle pasturing, with the existing barns being used for shelter. With the exception of the southwest corner, which is densely covered in mature tree and vegetation growth, a majority of the subject property is cleared. Topographically, the property is mostly flat but varies slightly. For example, the southwest corner is elevated slightly from the remainder of the property. Additionally, there is an existing drainage channel which flows through the bottom half of the property east across Sydenham Road, towards an existing wetland feature on an adjacent property. Finally, the surrounding area consists mainly of rural residential and agricultural land uses.

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

Page 153 of 453

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Department and Agency Comments Public Services provided their comments on September 13, 2023. Public Services have no objection to the approval of the three consent applications. It was noted that there are adequate sight lines to permit entrances from Horning Road for the three severed parcels and the retained parcel. Public Services staff also noted that Horning Road is a boundary road with the City of Kingston and existing drainage conditions cannot be adversely impacted. For this reason, the applicant will be required to submit a grading and drainage plan which addresses drainage from the existing cross culvert. Road widening is to be determined by an Ontario Land Surveyor. Any shortfall of the 20m road allowance, measured 10m from the centreline of Horning Road, shall be dedicated for the severed lots. Building Services provided their comment on November 29, 2023. Staff had no objection with the approval of the three consent applications. Staff noted that additional suitable granular soil would be required to accommodate the installation of sewage systems on the three severed lots. The specific requirements for additional soil will be indicated on an Application to Construct a Sewage System prior to site development. Finally, staff noted that the proposed severed lots are capable of providing flexibility in locating a sewage system. Cataraqui Conservation conducted a joint site visit with Township Planning staff to assess the subject lands for natural heritage features. During the site visit it was determined that no natural heritage features were present. For this reason, Cataraqui Conservation Staff indicated that they would not require formal circulation on the applications.

Public Comments All three consent applications were circulated for public comment on August 11, 2023. During the 14 day comment period, Township Planning Staff received approximately fifteen (15) letters objecting the proposed severances. The primary concerns outlined within the letters of objection included, but were not limited to, water availability, water quality, lack of groundwater studies, the need for hydrogeological studies and potential compensation should the newly created lots adversely effect existing wells. At this time, the public concerns addressed remain unresolved. Planning Staff elaborate on how these unresolved concerns are to be addressed in a later section of this report.

Planning Analysis Minimum Distance Separation from Livestock Facilities In conformity with the Provincial Policy Statement, the Township Official Plan requires all division of land for non-farm uses to comply with the Minimum Distance Separation Formulae www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 154 of 453

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

I (MDS I) (Section 7.1 (I)). The Township Zoning By-law also requires residential development to comply with MDS. Township Planning Staff identified six livestock facilities within 750m of the proposed severed lots which warranted further investigation. Three of the six facilities exist on the retained parcel, with only one being used to shelter livestock. The applicant’s agent calculated MDS I setbacks for three facilities and provided evidence that the facility located at 2217 Horning Road and the two remaining facilities on the retained parcel no longer house livestock. The following table identifies the actual and required MDS I setbacks for livestock and related manure storage. Location of Livestock Barn and Manure Storage

Actual Distance from Livestock Barn to Nearest Severed Parcel (Metres)

Minium Required MDS I Setback (Metres)

2989 Sydenham Road

472

235

3113 Sydenham Road

715

433

Retained Parcel

253

233

The applicant’s agent submitted an MDS package which included a description of each facility, results of on-site investigation, MDS I calculation sheets and photographs. Using this information, Township Planning Staff created sketches that confirmed a development enveloped on all three severed parcels that would meet the required MDS I setbacks, in addition to all other required zoning setbacks. Rural Residential Development The PPS allows growth and development to be directed to rural lands, including lot creation that is locally appropriate. The County Official Plan and the Township Official Plan permit residential development in the Rural Designation. Section 5.7.4 of the Official Plan indicates that a maximum of three rural residential lots may be created by consent from landholdings provided that the new lots meet the General Consent Policies, as well as other applicable policies. The subject property has existed in its current configuration since July 17, 1981. As no lots have been severed since the adoption of the Township Official Plan, the subject property is eligible for a maximum of three severed lots.

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Page 155 of 453

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Section 5.7.4 of the Official Plan requires the frontage, size and shape of any lot created for rural residential purposes through the severance approval process to be appropriate for the proposed use and to comply with the requirements of the Zoning By-law. All three severed parcels and the retained parcel would satisfy the requirements for a minimum lot area of 0.8 hectares and minimum 76 metres of frontage on a public road. General Consent Policies Sections 6.10.3 and 7.1(s) of the Official Plan indicate that where applicable, the applicant will provide sufficient information to substantiate that all lots created have a source of potable water and appropriate sanitary sewage disposal facilities in accordance with current regulations to the satisfaction on the Township. The Owner demonstrated to the satisfaction of Building Services that the severed parcels would have the ability to be serviced by private sewage disposal systems. The Township typically requires the ability of a lot to be serviced by a private well to be demonstrated as a condition of consent approval. The condition requires the submission of a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test. Given the concerns raised by the public, Township Planning Staff conducted an independent review of well records along Horning Road. This review found that several wells along Horning Road were pumping at rates less than or equal to 3.5 gallons per minute. In light of this review and supportive official plan policies, it was determined that a more detailed demonstration should be required. For this reason, a recommended condition of approval is to require the applicant to submit a Hydrogeological Assessment completed by and signed and stamped by a Hydrogeologist (P. Eng. or P. Geo.). The assessment must be prepared in accordance with D-5-5 Private Wells: Water Supply Assessment, include the standard 6-hour pump test, address groundwater quality and quantity, and the potential for impact to adjacent water well users and properties. The Hydrogeological Assessment would need to be peer reviewed by County’s Hydrogeologist. A satisfactory Hydrogeological Assessment would be required to clear the condition, and for Certificates of Official to be issued for the proposed severed lots. Conclusion The severed parcels would be consistent with the Provincial Policy Statement and conform to the County Official Plan and Township Official Plan, provided that a satisfactory Hydrogeological Assessment is produced that demonstrates an adequate supply of potable water is available for each of the new lots and no unacceptable impacts to adjacent water well users and properties. The severed parcels would also comply with Zoning By-law No. 2003-75.

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

Page 156 of 453

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 14 days in advance of the Public Hearing. This included notice given: • • • •

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

Recommendation It is recommended that applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 and PL-BDJ2023-0082 be approved for consent for the creation of three new rural residential lots from property legally described as PT Lots 14-15 CON 7, Storrington District (ARN: 102906001002102), each subject to the following conditions: Expiry Period

Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands
The lands to be severed by Consent Applications PL-BDJ-2023-0080, PL-BDJ-20230081 and PL-BDJ-2023-0082 shall be for the creation of three new residential lots each with a minimum of 2.5Ac of area and a minimum of 80m of frontage on Horning Road. Survey/Reference Plan or Registerable Description
An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The surveyor or applicant shall submit the draft Reference Plan(s), including an area calculation and noting frontage along the roads, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 157 of 453

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Road Widening 5. The surveyor who prepares the reference plan(s) referred to in Condition #3 and #4 shall also determine by survey the width of Horning Road to be 20m. If such a width is less than 20m, the owner shall dedicate to the Township land along the frontage of each of the severed lands in the following manner as required: a. The land to be dedicated shall be the width required to provide 10m from the centre of the existing travelled road for Horning Road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the issuance of the Certificate of Official; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to the issuance of the Certificate of Official. Municipal Requirements

Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the issuance of the Certificate of Official.
The Township of South Frontenac shall receive 5% of the value of the three (3) severed parcels, in lieu of parkland [Planning Act, s. 51(1)].
The Owner shall submit a Hydrogeological Assessment that demonstrates an adequate supply of potable water is available for each severed parcel and no unacceptable impacts to adjacent water well users and properties, to the satisfaction www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 158 of 453

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

of the Township. The Hydrogeological Assessment shall be prepared in accordance with the Township’s Standards for Hydrogeological Assessment. In determining whether the assessment is satisfactory, the Township shall require the submitted Hydrogeological Assessment to be peer reviewed. The peer review process shall be initiated by the Township but will be at the cost of the Owner. 4. In the event that there are abandoned wells located on the three (3) severed parcels or the retained property, they shall be sealed in accordance with the requirements of the Ministry of the Environment, Conservation and Parks and that this work shall be accomplished prior to the issuance of the Certificate of Official. 5. The applicant shall enter into a Development Agreement with the Township to be registered on title to the severed parcels to address the development of the lot, including requirement for an entrance permit, as well as a lot grading and drainage plan to be submitted at the building permit stage. Zoning 6. Where a violation of Zoning By-law No. 2003-75 is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Municipality.

Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Senior Planner

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

Page 159 of 453

Page 160 of 453

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by water distance for water

New

The

confirmation.

If access approximate and Docking

TOVVNSHIP

Page 169 of 453

the

applicant

current

SKETCH A “A guide required be required

"”

—

be must completing survey shows including

acquire

Yes

the

50 of

provide owner

the

Official

land

and

No’””

for

the

Act,

UDDUEIDD

there the

land?

is no land

lg/No

September

Application

land that

Yes

2 0 ?

abutti ng could

on what the sketch needs to If your is application approved location than was a submitted, and fees.”

than

that

consent?

since land.

Date

Q/Unknown

for

section an to all appl icab le

APPLICATION

application under amendment Complete

of an consent

for an order?

retained

other

result

property,

statement land,

uses

the

plan,

zoning

for

CONSENT

subject

the Act,

Number

subject

lawyer’s the subject Planning

subject

Certificate

the

from transferee

Application

lVlinister’s

Planning site of a

currently,

FRONTENAC

submitted. For more information your consent application form”. different frontages, area and submission of a new application

must by the section

requesting

owner

SOUTH

or is the of for approval or a by»law

been, 51

severed name of

Order

Amendment

previously transfer;

Zoning

the If yes applicant lands that are owned without contravening

Did

Yes

been date

I:|

23.Has land provide

l/linister’s

By—law

zoriiFi’g

Amendment

Approval

Plan

land ever under section variance, the zoning

Subdivision

Variance

Official

Site

l/linor

Consent

Plan

Type

the subject subdivision for Act, minor a amendment to

Has

Application

TOVVNSHIF’

Page 170 of 453

The

l:l

-l:]

Note:

The

Indicate

indicate

The

unopened

location,

propane

the

wells

top

name

proposed of

uses

the

septic

any

public

roads

the

nearest

within

farnw

road,

road

land,

a s

i c a ti n g

rign ht d

above)

such

Dista

withnce applic ation.

banks,

roads,

and

originall y

approximate

subject

the

property,

the

road

s w it c hi n g

pro pos railway al.

your

listed

l/linirnum check

stream

railways,

of:

property

(as

private

the

the indicate

features

bridge

near

applicable)

Please structure,

abutting

surrounding please

river

part

hectares),

that

APPLICATION application,

the

lands

the

location bridges,

complete

issues.

pits

artificial

any

you

and

ditches,

(if

subject

road,

other

LABEL (acres

parcel

owns

area

systems,

travelled

lot).

new

that

and

agricultural,

land

application

natural

page.

CONSENT as shown.

located on the the approxin1ate

(if

also the

metric are

property.

total

the

from

drainage quarry’s

and

show

are

severed

and

property land

same both

whole the

the unless

FRONTENAC

barn will require consider compatibility the implications of

facility,

allowance,

current

that and

land.

watercourses,

information may affect

nearby

subject

features label

Buildings,

and road

subject

previously

the

subject

commercial the from

width

and

the

any

opinion

include

agricultural barn structure

Please

applicants

Please

order in regarding

Landfills, Barns

land the

include

SOUTH

following:

North

the

must acceptable

dimensions the of retained, including and waterbodies.

with

artificial Please

Existing

existence Calculation Department

The

all of

Waterbodies,

between

b. areas

each

owner

for

and

arrow

not

sketch

include

will

the

property.

and

owner

location

distance

All natural subject

current

boundaries the that part roads/lanes if the

The

directional

must

feet

that

sketch

note and

The

Please meters

TOVVNSHIP

Page 171 of 453

The

We,

the

abandoned

used,

any

on the property

affecting

documents

please

AGREEMENT

title

only,

FRONTENAC

the subject

AND

DECLARATION

ACKNOVVLEDGEIVIENT OF

ADDITIONAL

the

agency

application

payment

this

commenting

is payment

review

application

AGREEMENT

fees.

to the fee,

Township additional

and

payment

South

INDEIVINIFY

propos ed

Frontenac (or

proof

the pa ym ent )

acting review the need arise , application to legal

agent

REQUIREMENTS

actin g accurate enter

such payable

costs will by the incurred

include all legal, engineering, planning, Municipality to the process application from or connection in with the Municipality to appear at the hearing of any to appeal the Ontario Delegated Decision of or Council, Committee of Adj as the ust case hearing nway be, the applicant’s application. me nts, The Owner/Applicant further to agrees the Municipality, provide upon and request has been application appealed to the Ontario Land Tribunal, with a (over deposit and fee). application from which the Municipality from time may, to time charge f any incurred by the prepare to for Municipality and participate the hearing. in such e If exceed the e the deposit, Owner/Applicant shall pay the difference forthwith upon s municipality, with interest the at rate of 1 .25"/o month (15%: per annum) per on accounts than 30 days.

limiting Without the foregoing, fees and charges incurred costs expenses and arising by the requested applicant, decision of the any Council, designated approval authority,

hereby applicant agrees to indemnify and save harmless The Corporation th of South Frontenac (“the from Municipality”) all costs and expenses that the Municipality e with connection the processing the of applicant’s for application under approval the

The

Attached representing required

land.

deed ed

the

APPLICAJK

the location of QN demonstrate legal

CONSENT show

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

Wells

easement

the

water

SOUTH

is by and

the undersigned, II We, being the registered property owner(s) and/or acknowledge owner, that additional studies and/or peer review and/or by the as Township a the review part of my/our of application. Should responsible for completing the studies as requested in order the for complete.

for

any

nature

land

ACKNOVVLEDGEIVIENT,

and

subject

TOVVNSI-IIP the

undersigned, that the

location

agree

representatives property

owner

to facilities

location

PERMISSION,

The

access

docking facilities

Page 172 of 453

‘ALH

SOUTH FRONTENAC PL-BDJ-2023-0080/81/82

(HUGHSON) (THE BOULEVARD GROUP) HORNING ROAD & SYDENHAM ROAD Legend

’v[rEHH»‘

Subject Property

Proposed Severance 3 Proposed Severance 2

»t,

Proposed Severance 1

Retained Lands

Wooded Area

Lake Trout Lake At Capacity

:] [:

Lake Trout Lake Not at Capacity

—

Non—LakeTrout Lake At Capacity —

Waterbody —(F‘HwVZ

Road

,!“Ha\L

a mu,

Pvodumd by the Emmy m Fvomgnat amt hoerue wnmhe Dnum Mwslry oi mum Rewurces Prmtzv for Omano, 2022

Km‘:

Page 173 of 453

Sca|e:1:4,8S0 0

140

:—m UTMZone 123NAD53 Due

za2a—n7—1s

+/- 845m

+/- 50ac

+/- 2.5ac

+/- 2.5ac +/- 250m

80m

Page 174 of 453

Page 175 of 453

Separation

Applications for consent (lot creation)

Roll#: 1029-060-010-02102

Unaddressed parcel fronting Sydenham Road

Distance

(MDS)

RE:

July 2023

Assessment

Minimum

QLVD.

Page 176 of 453

—

Figure 1 Subject Property

Page 177 of 453

—

Although the buildings on the subject property fail to accommodate livestock currently, the

LivestockFacility#1: 2217 Homing Road

Figure 3 delineates the livestock facilities described above so that spatially, there location as it relates to the subject property is better understood and represented visually.

Page 178 of 453

—

The MDS assessment utilizing the OMAFRA AgriSuite software and the agricultural use

—

LivestockFacility#4: unaddressedSydenham Road(retained parcel)

—

Page 179 of 453

—

Structure Photos

Figure 1 Subject property &equipment sale yard fronting Homing Road

A: MDS Assessment

2217 Horning Road

Exhibit

Page 180 of 453

Page 181 of 453

Page 182 of 453

2989 Sydenham Road

Page 183 of 453

3113 Sydenham Road

Page 184 of 453

....,t_..,.,,_

Unaddressed Sydenham Road (retained parcel)

Page 185 of 453

Figure 24 —

interior ofsouthernmost structure on the subject property

—

used forstorage

Page 186 of 453

Date (mmm-dd-yyyy)

27 June 2023

Agrisuite

Note to the user

Jason Sands

Signature of preparer

613-453-2715 jason@theb|vdgroup.ca

Kingston, ON

Preparer contact information Jason Sands The Boulevard Group

Preparer signoff & disclaimer

6/27/23, 8:57 PM

Page 187 of 453

Date (mmm-dd-yyyy)

27 June 2023

AgriSuite

The Ontario Ministry of Agriculture, Food and Rural Affairs(OMAFRA) has developed this software program for distribution and use with the Minimum Distance Separation (MDS)Formulae as a public service to assist farmers, consultants, and the general public. This version of the software distributed by OMAFRAwillbe considered to be the of?cial version for purposes of calculating MDS. OMAFRAis not responsible for errors due to inaccurate or incorrect data or information; mistakes in calculation; errors arising out of modi?cation of the software, or errors arising out of incorrect inputting of data. All data and calculations should be veri?ed before acting on them.

Note to the user

Jason Sands

Signature of preparer

Preparer contact information Jason Sands The Boulevard Group Kingston, ON 613-453-2715 jason@theb|vdgroup.ca

Preparer signoff & disclaimer

6/27/23, 8:49 PM

Page 188 of 453

Date (mmm-dd-yyyy)

27 June 2023

AgriSuite

The Ontario Ministry of Agriculture, Food and RuralAffairs (OMAFRA)has developed this software program for distribution and use with the Minimum Distance Separation (MDS)Formulae as a public service to assist farmers, consultants, and the general public. This version of the software distributed by OMAFRAwillbe considered to be the of?cial version for purposes of calculating MDS. OMAFRAis not responsible for errors due to inaccurate or incorrect data or information; mistakes in calculation; errors arising out of modi?cation of the software, or errors arising out of incorrect inputting of data. Alldata and calculations should be veri?ed before acting on them.

Note to the user

Jason Sands

Signature of preparer

jason@theb|vdgroup.ca

Preparer contact information Jason Sands The Boulevard Group Kingston, ON 613-453-2715

Preparer signoff & disclaimer

6/27/23, 8:43 PM

Page 189 of 453

Page 190 of 453

Page 191 of 453

Page 192 of 453

Noah Perron From: Sent: To: Cc: Subject:

Herman Cornel August 17, 2023 7:24 AM planning Del Blakney Notice of Consent Applications: PL-BDJ-2023-0080/81/82

Follow Up Flag: Flag Status:

Follow up Completed

/Herman Cornel

Page 193 of 453

Page 194 of 453

Noah Perron From: Sent: To: Subject:

Jim Neeson August 21, 2023 1:24 PM planning Notice of Consent Applications PLBDJ20230080 ,PLBDJ20230081 , &PLBDJ20230081

Page 195 of 453

Noah Perron From: Sent: To: Subject:

Jay Clayton August 21, 2023 5:38 PM planning Land severance

Follow Up Flag: Flag Status:

Follow up Completed

Page 196 of 453

Page 197 of 453

Page 198 of 453

Page 199 of 453

Page 200 of 453

Page 201 of 453

Page 202 of 453

NOTICE OF CONSENT APPLICATIONS PLBDJ2023-0080, 0081 & 0082 (Horning Road) (HERBERT HUGHSON AND THE BOULEVARD GROUP)

1 Well Recovery Rate is the rate at which water runs into the well from the rock fissures and openings into the

2 (Estimating Private Well Yields using DEM’s Well Completion Report and Pumping Test Information)

https://www.mass.gov/doc/estimating-private-well-yields-0/download 3 Government of Ontario, Ministry of Environment and Energy

Page 203 of 453

From: To: Subject: Date:

planning Attention Kate Kaestner re: PLBDJ2023-0080, -0081 and 0082 August 19, 2023 2:38:19 PM

Page 204 of 453

Page 205 of 453

Page 206 of 453

Page 207 of 453

Report from Public Services PL-BDJ-2023-0081 Application Number: ___________________________________________________ Hughson Herbert Seth Applicant’s Name: _____________________________________________________

7 14 Storrington Lot: _______________District:

Concession: _________________ Horning Road Road: ________________________________________________________________

Road Maintenance:

✔ Year-round □

Seasonal □

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

✔ Yes □

No □

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

Road Conditions:

Are there any special drainage/ditching concerns related to creation of new lot(s)? ✔ Yes □ No □ If yes, what action is the applicant required to take?

Is the overall road condition adequate to serve increased development/traffic? ✔ Yes □ No □ If no, please explain, and indicate if there are any measures that could be taken to correct the inadequacies.

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

Local road - rural classification. Ensure that there is a 20m (66ft road allowance) otherwise applicant to dedicate any shortfall of 10m from centerline.

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

Refer to drainage comments

Signature on behalf of Public Services

2023-09-13

Date

Page 208 of 453

Severed Parcel 2 (PL-BDJ-20230081)

Severed Parcel 3 (PL-BDJ-20230082)

Retained Parcel

Area (Ac)

2.5

50.0

Frontage on Horning Road (m)

250.0

Frontage on Sydenham Road (m)

845.0

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

Page 209 of 453

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Has unresolved objections/concerns raised from agencies or the public.

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

Page 210 of 453

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Page 211 of 453

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Actual Distance from Livestock Barn to Nearest Severed Parcel (Metres)

Minium Required MDS I Setback (Metres)

2989 Sydenham Road

472

235

3113 Sydenham Road

715

433

Retained Parcel

253

233

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

Page 212 of 453

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

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

Page 213 of 453

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 14 days in advance of the Public Hearing. This included notice given: • • • •

Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands
The lands to be severed by Consent Applications PL-BDJ-2023-0080, PL-BDJ-20230081 and PL-BDJ-2023-0082 shall be for the creation of three new residential lots each with a minimum of 2.5Ac of area and a minimum of 80m of frontage on Horning Road. Survey/Reference Plan or Registerable Description
An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The surveyor or applicant shall submit the draft Reference Plan(s), including an area calculation and noting frontage along the roads, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 214 of 453

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the issuance of the Certificate of Official.
The Township of South Frontenac shall receive 5% of the value of the three (3) severed parcels, in lieu of parkland [Planning Act, s. 51(1)].
The Owner shall submit a Hydrogeological Assessment that demonstrates an adequate supply of potable water is available for each severed parcel and no unacceptable impacts to adjacent water well users and properties, to the satisfaction www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 215 of 453

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Senior Planner

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

Page 216 of 453

Page 217 of 453

fee

completed

Type:

or transfer,

form

prior

re—

application

or lot

1990,

l-3.13

authorization

Supporting

amended

for

Staff

identified

review

the

Nil

$97.00

pre»consultation

acquire

title

lot)

with in the

paym

Fee:

(if documents

a p p li c a b l e )

t h e

that secure

agencies

new

only; construction.

(per

included

proof Township

$97.00

include).

Township

wish

Building

the

lotaddition)

may

applic ation. $105.00

the

compl ete.

which

Applicati on

commissioned.

considered

what to recommended

and

this application any prior to

new lot

disposal lot addition) addition)

Township

Information

cheque

Fee:

payable

submitted review fee

s-37/‘age

separate

$927.00 $209.00 $365.00

Planning

fee,

it is You

Rm)

application

submission

Any be

not

Consent D

signed

application. or will

Authority Conservation (per These fees consultation are for on are if permit applications required

studies

fees

Valley Note:

Conservation

January 2022 R.S.O. Act,

Deed

application

onsfe Frontenac (per new lot nevi/‘lot or (per

Conservation

South

Rideau Please additional

your

accepted

requirement

with be

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

not

Fees (as applicable). A Conservation Authority, is to The on~site sewage disposal fee to the Township.

conditions

Review

Conditions

requiring

non~refunclable

Cataraqui Quinte

Updated Planning

this proposal

Township

Agency:

application. application

Agency applicable

Consent Change Change circulation

Required

Application

applicable

Application

The

your

copy of

meeting meeting

may

submitted

(see with dimensions accurate carefully assemble the data person who specializes in the

hard

Sketch A drawn

One

pre—consultation

Pre~consu|tation

l:l

l::l l3

‘l.

be must information

Requirements

following items below required

l:l l:l

the

The

Application

U T

FRQNTENAC

Page 218 of 453

Personal

-2

and

the

application. health, safety, to:

FRONTENAC CONSENT

APPLICATION

the decision convenience

reviewing

and

making

application? approval welfare of

authority, the present

shall and

future

have

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

considering In to matters, municipality

SOUTH

on the form is application under the required the for purpose Township the reviewing of the application. Commissions, Agencies and Persons Authorities, having regarding the collection this of information should be directe d Adjustment of (P.O. Box 100, Sydenham, KOH Ont.,

when

considered

Information: requested

What

information

available matter. Treasurer 3027 ext.

information

be used will to those boards, Any questions the of Committee 2224).

Personal

Collection

TOWNSHIP

Page 219 of 453

Page 220 of 453

Address:

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the

type

l:|

Addition

/Lee

tr-paw.

LAD

brief

3./ms

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The

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Paid:

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APPLICATION

application?

Meeting:

Number:

road/lane

|:|Correction

Amrleé-Leg

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Lot

Frontage Name

Fee

this

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the

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Staff

FRONTENAC

s7A;-~.

Planning

SOUTH

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Bedford

description

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provide

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Lot

:77

depth Please

(m):

Township

subject

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water

the

5139,:

L_J

with

Number:

changes.

Vvaterbody:

the

any

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Please

Select

Depth(m):

Neme

Frontage

lndicate to prior

Number:

Identification

Nurnber:

Property

Roll

Reference

consulted

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description

Concession

Civic

District:

The

Name

you

Q/Yes

Have

TO\NNSHlP

Page 221 of 453

a LOT

information

NE\IV is

Lot:

Proposed Buildings/Structures:

Use

Proposed

Buildings/Structures:

Existing

Existing Use Of

L0“

existing

the

list

Please

(acres

Acres

he):

(rn):

Depth

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Water

Name

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Page 222 of 453

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Existing Use of

Please

‘l2.Type

1 1

Page 223 of 453

Page 224 of 453

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Page 225 of 453

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parking and docking from the subject land properties MUST be legally

the

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facilities

describe

how the application conforms applicable sections and Official Plan and Section do not know.

current

zoning

explain:

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water

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approximate

TOVVNSHIP

Page 226 of 453

the

applicant

current

—

SKETCH must be guide to completing required survey shows be including required

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lands

"”

must

acquire

different submission

your

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by the section

requesting

owner

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land

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property.

statement land, Act.

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the

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an appl icab le

abutti ng could

all

for section

APPLICATION

DUDUEIUD

more information on what the sketch needs to application form”. If your is approved application frontages, area and location than was a submitted, of a new application and fees.“

For

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consent

provide owner

subject

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the

from transferee

Number

Planning site of a Minister’s

CONSENT

the subject of an application for a consent Act, under plan, or for an amendment zoning order? Complete

FRONTENAC

currently,

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or been, is 51 of the for approval by—law or a

severed name of

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Amendment"

previously transfer;

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yes the applicant that are owned without contravening

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ever section variance, the zoning

land under

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the subject subdivision minor for a Act. amendment to

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Application

TOVVNSHIP

Page 227 of 453

Note:

Please

The

all

The it is

unopened

location,

the

the subject

subject

features label

propane

current

wells

facility,

and road

uses

affect

frorn

septic drainage

narne allowance,

natural

(if

land

that

application

and

any

public

roads

the

nearest

DUE

river

bridges, or

private

the

the indicate

features

abutting road,

please

surrounding

bridge

road

Dist

such

land, or a

i c a t i

i rig ht

above)

applic ation.

withance

banks,

roads,

and

originally

approximate

subject

the

property,

the

is road

pro pos railway al.

your

listed

check

|Vlinin1urn

(as

strearn

railways,

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property

near

applicable)

to cornplete issues. Please farin structure,

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any

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and

ditches,

part

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that

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the

lands

the

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road,

other

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parcel

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systems,

within travelled

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on the

also the

page. property.

total

the

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metric as are shown.

located the on the approximate

and

the

whole

quarry’s

and

show

are

severed

land

property

the

top

barn will require consider corhpatibility the irnplications of

inforrnation n1ay

the

that and

watercourses,

Buildings,

Please

commercial uses from the proposed

width

indicate and the

any

opinion

include

agricultural barn structure

Please

applicant’s

Please

same both

FRONTENAC

the unless

retained, including and waterbodies.

a nearby order to regarding

d. of

Landfills, Barns

North

include

SOUTH

following:

dimensions

with

the

must acceptable

land previously the subject land.

artificial

Existing

VVaterbodies, areas

existence Calculation Departrnent

The

owner

property.

and to be each

between

for

arrow

sketch not

include

the will

natural All subject

and

location owner

current

The

the

distance

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indicate

the

part

directional

rnust

that feet

boundaries that roads/lanes

i:i

note and

sketch

The

meters

TOVVNSHIP

Page 228 of 453

The

for

abandoned

being the

ACKNOVVLEDGEIVIENT

the property

affecting

documents

complete.

this

is payment

review

application

the fee,

AGREEMENT

fees.

AND

subject

DECLARATION

land.

South payment

INDEMNIFY

Township additional

and

and/or

agent

REQUIREMENTS

actin g accurat e enter propo sed

deed ed

the

acting

legal

Frontenac (or

proof

the pa y m en t)

peer review and/or legal review application. Should the need arise , for in order the application to

owner(s)

ADDITIONAL

property

the

APPLICATION

location demonstrate

the

CONSENT show

such payable

costs

include will all legal, engineering, planning by the Municipality , to process the application from or incurred in connection with the Municipality to appear at the hearing of the any appeal to Ontario Delegated Decision of Council, or Committee of Ad as the case may hearing just be, the applicants application. me The Owner/Applicant further to agrees the provide Municipality, upon andnts, request application has to been appealed the Ontario Land with Tribunal, a deposit (over and fee), from application which the Municipality may, from time to time charge f any incurred by the Municipality prepare to for and the participate in hearing. If such exceed the deposit, the Owner/Applicant shall pay the difference forthwith upon municipality. with interest at the rate of ’l .25”/> month per (15% per annum) on accounts than 30 days. or

hereby to agrees indemnify and save harmless The Corporation of t (“the from Municipality") all costs and expenses that the l/lunicipality h the processing of the applicant’s application for under approval the e

Without limiting the foregoing, fees and charges incurred and costs expenses arising the requested by applicant, any decision of the Council, designated approval authority,

Frontenac with

the agency

application payment of

this

commenting

applicant

connection

South

The

Attached representing required

please

AGREEMENT in

title

only,

FRONTENAC

owner(s) and/or agent Consent Application Form is relevant commenting agencies may the appropriateness the of site the for

registered

wells

easement

the

water

SOUTH

and

any

information recorded of the Township and purpose of determining

undersigned, that the

the

any

nature

used,

land

ACKNOVVLEDGEIVIENT,

and

subject to be

TOVVNSHIP the

I/ We, the undersigned, being the registered property acknowledge owner, that additional studies and/or by the as a Township of the review part my/our of for responsible completing the studies as requested

property

I/ We, the owner agree representatives

PERMISSION,

location

facilities

location

If access docking facilities

Page 229 of 453

‘ALH

SOUTH FRONTENAC PL-BDJ-2023-0080/81/82

(HUGHSON) (THE BOULEVARD GROUP) HORNING ROAD & SYDENHAM ROAD Legend

’v[rEHH»‘

Subject Property

Proposed Severance 3 Proposed Severance 2

»t,

Proposed Severance 1

Retained Lands

Wooded Area

Lake Trout Lake At Capacity

:] [:

Lake Trout Lake Not at Capacity

—

Non—LakeTrout Lake At Capacity —

Waterbody —(F‘HwVZ

Road

,!“Ha\L

a mu,

Pvodumd by the Emmy m Fvomgnat amt hoerue wnmhe Dnum Mwslry oi mum Rewurces Prmtzv for Omano, 2022

Km‘:

Page 230 of 453

Sca|e:1:4,8S0 0

140

:—m UTMZone 123NAD53 Due

za2a—n7—1s

+/- 845m

+/- 50ac

+/- 2.5ac

+/- 2.5ac +/- 250m

80m

Page 231 of 453

Page 232 of 453

Separation

Applications for consent (lot creation)

Roll#: 1029-060-010-02102

Unaddressed parcel fronting Sydenham Road

Distance

(MDS)

RE:

July 2023

Assessment

Minimum

QLVD.

Page 233 of 453

—

Figure 1 Subject Property

Page 234 of 453

—

Although the buildings on the subject property fail to accommodate livestock currently, the

LivestockFacility#1: 2217 Homing Road

Figure 3 delineates the livestock facilities described above so that spatially, there location as it relates to the subject property is better understood and represented visually.

Page 235 of 453

—

The MDS assessment utilizing the OMAFRA AgriSuite software and the agricultural use

—

LivestockFacility#4: unaddressedSydenham Road(retained parcel)

—

Page 236 of 453

—

Structure Photos

Figure 1 Subject property &equipment sale yard fronting Homing Road

A: MDS Assessment

2217 Horning Road

Exhibit

Page 237 of 453

Page 238 of 453

Page 239 of 453

2989 Sydenham Road

Page 240 of 453

3113 Sydenham Road

Page 241 of 453

....,t_..,.,,_

Unaddressed Sydenham Road (retained parcel)

Page 242 of 453

Figure 24 —

interior ofsouthernmost structure on the subject property

—

used forstorage

Page 243 of 453

Date (mmm-dd-yyyy)

27 June 2023

Agrisuite

Note to the user

Jason Sands

Signature of preparer

613-453-2715 jason@theb|vdgroup.ca

Kingston, ON

Preparer contact information Jason Sands The Boulevard Group

Preparer signoff & disclaimer

6/27/23, 8:57 PM

Page 244 of 453

Date (mmm-dd-yyyy)

27 June 2023

AgriSuite

The Ontario Ministry of Agriculture, Food and Rural Affairs(OMAFRA) has developed this software program for distribution and use with the Minimum Distance Separation (MDS)Formulae as a public service to assist farmers, consultants, and the general public. This version of the software distributed by OMAFRAwillbe considered to be the of?cial version for purposes of calculating MDS. OMAFRAis not responsible for errors due to inaccurate or incorrect data or information; mistakes in calculation; errors arising out of modi?cation of the software, or errors arising out of incorrect inputting of data. All data and calculations should be veri?ed before acting on them.

Note to the user

Jason Sands

Signature of preparer

Preparer contact information Jason Sands The Boulevard Group Kingston, ON 613-453-2715 jason@theb|vdgroup.ca

Preparer signoff & disclaimer

6/27/23, 8:49 PM

Page 245 of 453

Date (mmm-dd-yyyy)

27 June 2023

AgriSuite

The Ontario Ministry of Agriculture, Food and RuralAffairs (OMAFRA)has developed this software program for distribution and use with the Minimum Distance Separation (MDS)Formulae as a public service to assist farmers, consultants, and the general public. This version of the software distributed by OMAFRAwillbe considered to be the of?cial version for purposes of calculating MDS. OMAFRAis not responsible for errors due to inaccurate or incorrect data or information; mistakes in calculation; errors arising out of modi?cation of the software, or errors arising out of incorrect inputting of data. Alldata and calculations should be veri?ed before acting on them.

Note to the user

Jason Sands

Signature of preparer

jason@theb|vdgroup.ca

Preparer contact information Jason Sands The Boulevard Group Kingston, ON 613-453-2715

Preparer signoff & disclaimer

6/27/23, 8:43 PM

Page 246 of 453

Page 247 of 453

Page 248 of 453

Page 249 of 453

Noah Perron From: Sent: To: Cc: Subject:

Herman Cornel August 17, 2023 7:24 AM planning Del Blakney Notice of Consent Applications: PL-BDJ-2023-0080/81/82

Follow Up Flag: Flag Status:

Follow up Completed

/Herman Cornel

Page 250 of 453

Page 251 of 453

Noah Perron From: Sent: To: Subject:

Jim Neeson August 21, 2023 1:24 PM planning Notice of Consent Applications PLBDJ20230080 ,PLBDJ20230081 , &PLBDJ20230081

Page 252 of 453

Noah Perron From: Sent: To: Subject:

Jay Clayton August 21, 2023 5:38 PM planning Land severance

Follow Up Flag: Flag Status:

Follow up Completed

Page 253 of 453

Page 254 of 453

Page 255 of 453

Page 256 of 453

Page 257 of 453

Page 258 of 453

Page 259 of 453

NOTICE OF CONSENT APPLICATIONS PLBDJ2023-0080, 0081 & 0082 (Horning Road) (HERBERT HUGHSON AND THE BOULEVARD GROUP)

1 Well Recovery Rate is the rate at which water runs into the well from the rock fissures and openings into the

2 (Estimating Private Well Yields using DEM’s Well Completion Report and Pumping Test Information)

https://www.mass.gov/doc/estimating-private-well-yields-0/download 3 Government of Ontario, Ministry of Environment and Energy

Page 260 of 453

From: To: Subject: Date:

planning Attention Kate Kaestner re: PLBDJ2023-0080, -0081 and 0082 August 19, 2023 2:38:19 PM

Page 261 of 453

Page 262 of 453

Page 263 of 453

Page 264 of 453

Report from Public Services PL-BDJ-2023-0082 Application Number: ___________________________________________________ Hughson Herbert Seth Applicant’s Name: _____________________________________________________

7 14/15 Storrington Lot: _______________District:

Concession: _________________ Horning Road Road: ________________________________________________________________

Road Maintenance:

✔ Year-round □

Seasonal □

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

✔ Yes □

No □

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

Road Conditions:

Are there any special drainage/ditching concerns related to creation of new lot(s)? ✔ Yes □ No □ If yes, what action is the applicant required to take?

Is the overall road condition adequate to serve increased development/traffic? ✔ No □ Yes □ If no, please explain, and indicate if there are any measures that could be taken to correct the inadequacies.

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

Local road - rural classification. Ensure that there is a 20m (66ft road allowance) otherwise applicant to dedicate any shortfall of 10m from centerline.

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

Refer to drainage comments

Signature on behalf of Public Services

2023-09-13

Date

Page 265 of 453

Severed Parcel 2 (PL-BDJ-20230081)

Severed Parcel 3 (PL-BDJ-20230082)

Retained Parcel

Area (Ac)

2.5

50.0

Frontage on Horning Road (m)

250.0

Frontage on Sydenham Road (m)

845.0

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

Page 266 of 453

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Has unresolved objections/concerns raised from agencies or the public.

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

Page 267 of 453

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Page 268 of 453

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Actual Distance from Livestock Barn to Nearest Severed Parcel (Metres)

Minium Required MDS I Setback (Metres)

2989 Sydenham Road

472

235

3113 Sydenham Road

715

433

Retained Parcel

253

233

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

Page 269 of 453

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

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

Page 270 of 453

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 14 days in advance of the Public Hearing. This included notice given: • • • •

Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official. Severed Lands
The lands to be severed by Consent Applications PL-BDJ-2023-0080, PL-BDJ-20230081 and PL-BDJ-2023-0082 shall be for the creation of three new residential lots each with a minimum of 2.5Ac of area and a minimum of 80m of frontage on Horning Road. Survey/Reference Plan or Registerable Description
An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], the deed or instrument conveying the severed lands, and the Certificate of Official shall be submitted to the SecretaryTreasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
The surveyor or applicant shall submit the draft Reference Plan(s), including an area calculation and noting frontage along the roads, electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 271 of 453

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the issuance of the Certificate of Official.
The Township of South Frontenac shall receive 5% of the value of the three (3) severed parcels, in lieu of parkland [Planning Act, s. 51(1)].
The Owner shall submit a Hydrogeological Assessment that demonstrates an adequate supply of potable water is available for each severed parcel and no unacceptable impacts to adjacent water well users and properties, to the satisfaction www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 272 of 453

Township of South Frontenac Staff Report - Consent Applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 & PL-BDJ-2023-0082, Horning Road, Pt Lots 14-15 CON 7, Storrington District

Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Senior Planner

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

Page 273 of 453

Page 274 of 453

go»

pre—consultation

Deed

El El

Updated Planning

Required

requiring

your

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accepted

South

transfer,

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1990,

F’.13

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or lot

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proof Township included

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with the in

title

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payment,

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commissioned.

the

which complete.

Application

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

addition)

lot

Township

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payable

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and

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submission

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cheque submitted to fee may review

sewage

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fee,

Authority (per new are consultation for on are applications required

Frontenac (per (per new

These fees if permit

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fees

Valley Note:

Conservation Conservation

form

prior

application.

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

with be

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

conditions

Review

January 2023 R.S.O. Act,

Rideau Please additional

Township Cataraqui Quinte

Agency:

app able application. application

Agency

Change Change circulation

Consent

non-refundable

Type: Application conditions of

applicable

Application

The

completed

this

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copy

fee

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Page 275 of 453

What

. ..

Personal

Information:

SOUTH FRONTENAC

CONSENT

APPLICATION

to:

an application, safety, health,

when an

application?

the decision—mal<ing convenience and

reviewing approval welfare of

authority, the present

shall and

future

have

reg ard.

The effect of on development matters interest of as referred to provincial Planning Act. Whether the severed lot is proposed or the in public interest. premature Whether the consent to the intent the conforms of Official Plan and subdivision (if any) The suitability the land of for the purposes which it is being severed for affordable housing units being are If the suitability the proposed, of p housing r affordable o The number, width, location and grades and elevations of proposed ro p ad adequacy relation to in roadway linking the severe any proposed proposed o wa d established roadway system. s ys The dimensions and the lot. of shape proposed e Any restrictions on on the subject land (or the buildings and structures to bed any restrictions abutting on lands. natural and Conservation of resources flood control. The adequacy utilities and services. of municipal The adequacy schools. of The area of exclusive roadways, that is be land, of to or if any, de conveyed di (such as for parks). purposes The physical configuration the of new lot energy to conservation. ca having regard te Plan Site Control d County Frontenac Plan of Official of Township Frontenac Plan South Official of South Township Frontenac Zoning By—Law Provincial Policy Statement

the and

considered

information

the on requested is under Pl application form the required be used by the the for will Township purpose reviewing the of application. an those to boards, Commissions, Agencies Authorities, and Persons having ni Any regarding the collection questions this should be of information directed ng of the Committee Adjustment (P.O. of Box Sydenham, 100, Ont_, KOH 2T0, 2224).

considering In matters, to municipality

ext.

BO27

Personal information available matter. Treasurer

Collection

TOVVNSHIP

Page 276 of 453

Page 277 of 453

Please consent.

Move

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the

right

provide

way

brief

new location

area

the

which

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away

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|:|

buildings

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land.

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application?

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subject the of

Portland

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your

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water

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type

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2163

consulted

Planner:

Address:

Concession

Civic

Yes

you

description

District:

The

Name

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TOVVNSHIP

Page 278 of 453

Lot:

the

Lot:

Proposed Buildings/Structures:

Proposed U se of

Exis ng Buildings/Structures:

Existing Use of

list

(acres

Acres

Please

(rn):

Depth

LOT

Water

(m):

information

NEVV

ha):

existing

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Name

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Name

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following The retained.

Create —

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USES and

land to

lot):

ONLY

new

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STRUCTURES.

new

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the

this

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regarding

proposed

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and

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TOVVNSHIP

are

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you

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Retained

cr ea te and

Retained

(created)

applying

APPLICATION

Page 279 of 453

Name

(rn):

(acres

Depth

Acres

ha):

Water

(rn):

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the

information

or ha):

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(rn):

receiving

Name

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Road/Lane:

are

Frontage Road/Lane

which

following

(acres

Acres

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(rn):

Depth

information

ADDITION

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Name

Frontage (rn):

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Name

Road/Lane

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—

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the

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Addition

Lands

(Severed

this section ONLY the land intended to

SOUTH

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regarding addition.

Existing (Before

lot

Complete regarding

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if be

known

are

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lso

severed

you

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the

ad de d

and

for

land

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applying (Created)

APPLICATION

Page 280 of 453

the

posed Lot: of

Oth

Lake

er:

Privately

water owned

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allow

system

—

for

of 3

operated

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—

trafic

well

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Privately

from

owned

water

the

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and

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benefit:

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ONLY

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you

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water

Municipal

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away

property

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section

travel

method

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the

residents

properties

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from

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Width:

this

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CONSENT

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500-0000

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Complete

and

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easement

affected

the

010-030-01

2163

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USES

SOUTH

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Lands:

lands:

Depth:

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seperating

and

proposed

effect traffic

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safety

will

purpose and

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water

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LOT)

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location

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res:

existing

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will

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new

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the

address

Number

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Length:

750M

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easernent

s/Structu

Lot:

list

Proposed Buildings/Structures:

Pro Use

Existing Building

Existing Use of

Please

TOVVNSHIP

Page 281 of 453

Please

16.Are

Please

Name

Roll:

owned

Privy/Outhouse

|:l

retain

The

l:l El El highway

Road

Municipal

Municipal —

—

seasonally

the

whom

the

land

l:l

maintained

by:

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subject

round

will

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year

land

will

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effect:

land

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right A

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its

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bed

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interest

(Cornpton),

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owned owned system:

syste

covenant

property?

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l:l

septic

Privately

Publicly septic

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disposal

CONSENT sewage

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covenants? easement

the

1029010030Cl1700

each

restrictive

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wells

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maintained

accesses:

access

addition

which

abandoned

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whether

lot:

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lane

lot

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description

individual

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existing

the name the of leased (ifknown):

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15.Are

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13.Type

TOVVNSHIP

Page 282 of 453

the

the current

Township that you

specific

describe

zoning

Please

explain:

. is the application I:lYes I:

N/A

Please citing the in 7 indicate

Rural

, RRC~5Cl

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18.What

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for

only.

the

not

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the

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with

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the

subject lands?

www.frontenacrnags.ca)

Provincial

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used a public n Pleasd e

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access.

nearest

APPLICATION

Official make Plan.

and the deeded

facilities

CONSENT

Township with the sections. Please the County Official

sub 3 in

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conforms sections and and Section

application

Plan know.

how the applicable

Plan

SOUTH

the parking and docking facilities the subject from land only properties MUST be legally

OF describe

subject

of these access

Official

Lot:

water

by water distance

New

The

con?rrnation.

If access approximate and Docking

TOVVNSHIP

Page 283 of 453

the

applicant

current

Yes

“A

SKETCH

guide required be required

*”

—

including

must be completing survey shows

acquire

from

provide

For

owner 50 of

of the

Official

land

for

the

information

EIEIUUDEIU

Unknown

no land is

land that

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2000 ?

s h o

abutting could

a l

applica ble

on what the sketch needs to is application If your approved location than was a submitted. and fees.*"‘

that there than the

land?

September

all

for section

APPLICATION

Application

consent?

since land.

Date

retained

other

result

property, the of

statement land, Act.

uses

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subject and

Iawyer’s the subject Planning

subject

the

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transferee

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the

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for

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the subject of an application for a consent Act, under or for an plan, amendment zoning order? Complete

FRONTENAC

currently, Planning site of a a Minister’s

the of approval

SOUTH

consent your form”. application different frontages, area and submission of a new application

submitted.

been, 51

severed name

must by the section

requesting

owner

transfer;

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previously

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the If yes applicant lands that are owned without contravening

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Has the subject land_ever of subdivision under section for a minor Act, variance, amendment to the zoning

Application

TOVVNSHIP

Page 284 of 453

Note:

The

directional

that

must

feet

location, an unopened

the

the subject

subject

may

facility,

affect

the

name

allowance,

quarry’s

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that

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public

roads

the

nearest

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w et la n d s,

such

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banks,

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the

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private

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features

road,

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please

surrounding

near

applicable)

bridge

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river

bridges,

to complete issues.

pits

artificial

any

you ty

and

ditches,

systems,

(if

application.

the part hectares),

lands

the

APPLICATION

subject property location of:

road,

other

LABEL (acres

parcel

the

owns

area

approximate

within travelled

agricultural, lot). new

natural

drainage

septic

the

and

located

from

are

application

any

also the

page.

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metric as are shown.

property.

total

the

show

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property

land

whole the

barn will require consider compatib the implications

information

nearby to

propane

and road

the

top

severed

that and

wells

watercourses,

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features label

the current uses commercial uses the from proposed

width

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any

opinion

Please indicate agricultural and barn structure

land previously the land. subject

in order regarding

applicant’s

Please

Department

include

Barns

d. of

Landfills,

areas

the

retained, including and waterbodies.

following:

North

the

same both

FRONTENAC

the unless

SOUTH

must include acceptable

dimensions

arti?cial Please

Existing

existence

all of

Waterbodies,

Calculation

The

and

property.

owner

and be each

between

for

arrow with

sketch be

not

include

the will

natural All subject

owner

location

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current

distance

if the

The

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note

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sketch

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Please meters

TOVVNSHIP

Page 285 of 453

access docking facilities

The

the

abandoned

FRONTENAC

on property

AGREEMENT

the

affecting

ACKNOVVLEDGENIENT

the of agency

application

payment

this

commenting

AND

subject

DECLARATION

land.

is payment

application review

the fee,

Township and additional

AGREEIVIENT

fees.

and/or

payment

South

INDENINIFY

Frontenac (or

proof

the

rec paym t ent)

cor

acting legal review the need arise, to be application agent

REQUIREMENTS

review peer and/or Should application. order the for in

owner(s)

ADDITIONAL

proposed

enter

acting accurate

and and

arising

foregoing. incurred to

or or

appear Delegated as the

from

such payable

include all will engineering, planning, legal, the Municipality to process the application incurred in connection with the Municipality at the hearing of to the L any appeal Ontario a Decision of or Committee Council, Adjus of n tment hearing case be, the may applicant’s application. d s,

costs by

applica

further agrees Owner/Applicant to the provide Municipality, and upon i request been n has appealed to the Land Ontario with a deposit Tribunal, (over and fee), application which the Municipality from may, time time charge from to any fee incurred by the Municipality prepare to and for participate the hearing. such s in lf exceed the the deposit. Owner/Applicant shall the difference forthwith upon b pay municipality, with interest at the rate of 1.25% per month (15% annum) on per accountsei n than 30 days. g

The

designated

the

applicant, of the Counc’ authority, approval

expenses by the

ng charges

limi

requested decision any

costs

fees

Without

South

hereby agrees applicant indemnify to save and harmless The Corporation the of Frontenac (“the Municipality”) all from costs and expenses that the Municipality connection with the processing of the for applicant’s application under the approval

The

required

Attached representing

the

APPLICATION the location the par of kin demonstrate legal deeded g

CONSENT

show

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

wells

easement

water only, please the title documents

SOUTH

and

any

the undersigned, being II We, the registered property acknowledge owner, that add onal studies and/or by the as a Township the review of my/our part of for responsible completing the studies as requested complete.

for

the agree

representatives property

I/ We, owner

any

nature

used,

land

ACKNOVVLEDGEIVIENT,

and

subject to be

TOVVNSHIP

the

undersigned, that the

location

PERMISSION,

to facilities

location

Page 286 of 453

LAN

Inset Inset Map Map

9874 CANOE LAKE RD

D EV

ROA D

CON 9 E PT LOT 10 DEVIL LAKE RD

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D OA E R AK

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PL-BDJ-2023-0119 (UPTON)

CANOE LAKE RD

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Wetland

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DEVIL LAKE RD

UC KL E

Wooded Area Lake Trout Lake - At Capacity Lake Trout Lake - Not at Capacity Non-Lake Trout Lake - At Capacity Waterbody Road Township Boundary

Devil Lake 2163B DEVIL 171 LAKE RD MICHAELS LANE

HANNIGAN ISLAND

Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2023.

Page 287 of 453

48 KINGSFORD LAKE DAM

Gibson Lake

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

Scale: 1:12,000 0

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420 m

UTM Zone 18 NAD 83 Date: 2023-10-10

1-01

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From: To: Cc: Subject: Date:

Evan Bancroft Christine Woods Troy Dunlop RE: 2163 DEVIL LAKE ROAD - External Agency Review - PL-BDJ-2023-0119 October 26, 2023 3:06:01 PM

Hello Christine, Public services has no comment on the planning components of this application. Should the application be successful the new access must comply with the private lane standards and an engineered design of the Lane would be required. Thank you, Evan Evan Bancroft, C.Tech. Operations Technologist Township of South Frontenac p: +613-376-3027 ext. 3350 e: ebancroft@southfrontenac.net a: 4432 George St., Box 100, Sydenham, ON, K0H 2T0 www.southfrontenac.net Please consider the environment before printing this email —–Original Message—-From: Troy Dunlop tdunlop@southfrontenac.net Sent: Wednesday, October 25, 2023 8:56 AM To: Evan Bancroft ebancroft@southfrontenac.net Subject: 2163 DEVIL LAKE ROAD - External Agency Review - PL-BDJ-2023-0119 Hi Evan, I would like you to work on this file when you have time. We should have an advance discussion. Deadline is November 10th.

W. Troy Dunlop, C.E.T. Manager of Engineering and Capital Projects Public Services Department Township of South Frontenac p: +613-376-3027 ext.3333 e: tdunlop@southfrontenac.net a: 4432 George St., Box 100, Sydenham, ON, K0H 2T0 www.southfrontenac.net Please consider the environment before printing this email

Page 289 of 453

—–Original Message—-From: planning planning@southfrontenac.net Sent: Monday, October 23, 2023 8:50 AM To: Troy Dunlop tdunlop@southfrontenac.net; Evan Bancroft ebancroft@southfrontenac.net Subject: External Agency Review - PL-BDJ-2023-0119 Dear Troy and Evan, Please find attached to this email, documentation for your review with respect to: Application number: PLBDJ20230119 Roll Number: 102901003001500 Owner/Applicant: UPTON TIMOTHY JOSEPH Location (civic address): 2163 DEVIL LAKE ROAD, Unit:B Legal Description: CON 9 PT LOT 7 LOT 8 DEVIL;LAKE Proposal: Consent for a right-of-way. The applicants propose to abandon the existing right-of-way that runs through the developed area of the property and to establish a new right-of-way in a different location on the property. The new right-of-way would continue to provide legal access to two waterfront properties. Staff contact: Christine Woods Kindly provide your comments on this application to planning@southfrontenac.net by November 10, 2023. Regards, Christine Woods Senior Planner (613) 376-3027 cwoods@southfrontenac.net List of emails for circulation:

Page 290 of 453

November 10, 2023

File: SEV/FRS/256/2023

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

Application for Consent to Sever PL-BDJ-2023-0119 (Upton) Pt Lot 7/8, Concession 9; 2163 Devil Lake Road Bedford District, Township of South Frontenac Waterbody: Devil Lake

Staff of the Cataraqui Region Conservation Authority (CRCA) have reviewed the above-noted application for consent to sever and offer the following comments for the Land Division Committee’s consideration, based on our role as a commenting agency responsible for natural hazards on Planning Act applications, and as administrator of Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses. Summary of the Proposal This application involves the creation of a new right-of-way which will replace the existing right-ofway that runs through the developed area of the property to provide legal access to two waterfront properties. The driveway layout plan indicates that there is an existing access road in the location of the proposed easement, but some site alteration, including the placement of compacted gravel fill and grading work, is proposed to facilitate the new driveway. Site Description The subject lands are irregular in shape, located northwest of the west basin of Devil Lake, and have road frontage on Devil Lake Road. The topography along the shoreline where the development is located is relatively flat, though there is a slope/embankment between the existing access road and the interior of the lot. Presently, the main building is under construction and there are two cabins/accessory buildings located along the shoreline, to the east of the existing access road. The property is heavily forested with mature trees and natural vegetation. The proposed easement splits off from the existing access road where the development is located and runs north along a level area between two slopes, before turning south and connecting with the driveway down to the waterfront homes on the southern peninsula. Staff understand that there is an existing aggregate road where the right-of-way is proposed, which will be upgraded as part of the proposed development. Staff visited the site on September 19, 2023. The subject lands are designated ‘Rural’ and ‘Environmental Protection’ per Schedule A of the Township’s Official Plan, and zoned ‘Rural’ (RU) and ‘Recreational Resort Commercial’ (RRC-50)

Page 291 of 453

Page 2 of 3 in the implementing Zoning By-law. The RRC-50 zone applies to the portion of the site next to the shoreline where the tourist development is located. Discussion CRCA’s scope of review with respect to this application is the avoidance of natural hazards (e.g. flooding and erosion) associated with the shoreline of Devil Lake. Natural Hazards Flooding: The highest recorded water level for Devil Lake is 131.96 metres geodetic. For Devil Lake, the highest recorded water level is used in lieu of an engineered flood plain. Cataraqui Conservation’s Guidelines for Implementing Ontario Regulation 148/06 (see description below) require all development and site alteration to be set back a minimum of 6 metres from the regulatory floodplain of a waterbody. Based upon elevation mapping data and the site plan submitted with the application, the proposed access road will be located outside of any area that may be subject to potential flood risk. Erosion: CRCA, in accordance with provincial technical standards, defines the extent of potential erosion hazards along the shoreline of Devil Lake to include an allowance for toe erosion, a stable slope allowance for till shorelines of 3(h):1(v) and 1(h):1(v) for rock, plus an erosion access allowance of 6 metres. Based on the site plan and observations taken on site, the proposed rightof-way will be located along portions of the shoreline embankment which fall within the extent of the erosion hazard. CRCA’s regulatory policies allow for the construction of an access road through the erosion hazard in order to provide access to the water provided there is no viable alternative outside of the erosion hazard, the provision of safe access has been considered, and there is no impact on existing and future slope stability. Staff recognize that the road must cross through the erosion hazard (i.e. the shoreline slope) at some point in order to access the waterfront properties further south. Staff are satisfied that the proposed location of the right-of-way and proposed modifications to the existing roadway will not put the road at further risk of erosion or instability, however a CRCA permit will be required for the roadway upgrades within approximately 30 metres of the shoreline (including grading, excavation, or placement of fill). As part of the permit review process, CRCA will require additional details about the design (quantity of fill etc.) and location of the roadway in order to confirm that the driveway will not be subject to instability or put the slope at further risk of instability. Overall, staff are satisfied that CRCA’s regulatory policies for natural hazards can be addressed at the permitting stage. Recommendation Staff have no objection to the approval of application PL-BDJ-2023-0119 based on our consideration for natural hazard policies. Ontario Regulation 148/06 Please note that portions of the subject lands are subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, which is administered by the CRCA. The purpose of the regulation is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected by natural hazards, such as Cataraqui Conservation 1641 Perth Road, PO Box 160, Glenburnie ON, K0H 1S0 • info@Cataraqui Conservation.ca • 613-546-4228 • CataraquiConservation.ca

Page 292 of 453

Page 3 of 3 flooding and erosion, and that the changes do not put other properties at greater risk from these hazards. For this property, any development (buildings and structures) and site alteration (excavation, grading, placement of fill) within 15 metres of the floodplain of Devil Lake (the elevation 136.96 m geodetic) or within 30 metres of the toe of slope of the shoreline is subject to O. Reg. 148/06. Therefore, a permit will be required from our office for the proposed roadway upgrades. The landowner(s) are advised to contact CRCA about permitting requirements under O. Reg. 148/06 at the building permit stage. Please inform this office of any decision made by the Committee with regard to these applications. If you have any questions, please contact the undersigned at 613-546-4228 ext. 239, or by e-mail at jtreash@crca.ca. Yours truly,

Janelle Treash Resource Planner Cc:

Tim Upton, Owner, via e-mail

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

Page 293 of 453

To: Committee of Adjustment Prepared by: Development Services Department Report Date: December 14, 2023 Subject:

Consent Application PL-BDJ-2023-0119, Upton, 2163 Devil Lake Road, Bedford District

Summary This application is for consent for a right-of-way. The Committee of Adjustment is being asked to make a decision on this application, as it is a disputed consent per By-law 202027. Specifically, one of the landowners who would use the right-of-way has concerns with the location and design of the lane.

Background The applicants propose to abandon the existing right-of-way that runs through the developed area of the subject property and to establish a new right-of-way in a different location on the property. The new right-of-way would continue to provide legal access to multiple waterfront properties. The proposed right-of-way would be 750 metres long and 4.5 metres wide. Designation and Zoning The subject property over which the right-of-way is proposed is designated Rural and is zoned Rural (RU) and Recreational Resort Commercial – Special Provision (RRC-50). The benefitting lands are zoned Limited Service Residential – Waterfront (RLSW). Related Applications The subject property is not subject to any other applications under the Planning Act. Review This application:  Conforms to section 51(24) of the Planning Act;  Does not require a plan of subdivision for the proper and orderly development of the municipality (s. 53(1) Planning Act);

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

Page 294 of 453

Township of South Frontenac Staff Report - Consent Application PL-BDJ-2023-0119, Upton, 2163 Devil Lake Road, Bedford District

 Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act);  Conforms to the County of Frontenac Official Plan (s. 3.2 & 7.1);  Conforms to the Township of South Frontenac Official Plan (s. 5.2, 5.7.7 & 7.1);  Complies with Zoning By-law No. 2003-75; and X Has unresolved objections/concerns raised from agencies or the public. Property Description The subject property over which the right-of-way is proposed is on Devil Lake south of Devil Lake Road. The property is more than 100 acres in area. The central portion of the property is developed with a former resort and campground. The remainder of the property is forested and vacant. The new right-of-way would follow an existing trail that leads to the same endpoint as the existing right-of-way. Department and Agency Comments Public Services indicated on October 26, 2023, that should the application be successful, the new right-of-way will need to be surveyed to a 20 metre width, and be designed and constructed to the Township’s Private Lane Standards. Cataraqui Conservation indicated on November 10, 2023, that they have no objection to the approval of the application. They noted that a permit under O. Reg. 148/06 would be required for lane upgrades within approximately 30 metres of the shoreline. As part of the permit application, they would required additional details about the design and location of the laneway in order to confirm that the driveway will not be subject to instability or put the shoreline slope at further risk of instability. Public Comments Mr. Joseph Compton (171 Michaels Lane) indicated in writing and verbally to staff that he did not accept the proposed plans to change the right-of-way that he uses to access his property. He raised concerns about the steepness of the grade and the tight curve near the shoreline. It is the understanding of staff that the applicant discussed these matters with this individual, and that changes were subsequently made to the lane. Mr. Compton indicated on December 4, 2023, that his concerns would be alleviated if the new lane were to be constructed to the Township’s Private Lane Standards. Planning Analysis The existing right-of-way for Michaels Lane runs through the developed area of the subject property and near the shoreline, in close proximity to a replacement tourist cabin/dwelling that is under construction. It is also close to another cabin near the water’s edge, which is www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 295 of 453

Township of South Frontenac Staff Report - Consent Application PL-BDJ-2023-0119, Upton, 2163 Devil Lake Road, Bedford District

proposed to be demolished and replaced with a new, same sized cabin farther from the shoreline. The proposal is to abandon the existing right-of-way and to establish a new right-of-way in a different location on the property in order to facilitate the redevelopment plans of the applicant. The new right-of-way would continue to provide legal access to multiple waterfront properties. The proposed right-of-way would need to be surveyed to have a 20 metre width, and the new lane will need to be constructed within the right-of-way and in accordance with the Township’s Private Lane Standards. The new lane will also need to be constructed to Cataraqui Conservation’s standards for access through an area that may be subject to shoreline erosion hazard. The purpose of the Township and Conservation Authority’s standards is to ensure that private lanes will provide safe access for the users of the lane as well as for emergency service vehicles. The applicant, through their lawyer, would be responsible for ensuring that all of the properties that currently have legal access over the existing Michaels Lane will have legal access over the new Michaels Lane.

Notice/Consultation Notice of the Application was given pursuant to the requirements of the Planning Act, at least 14 days before the applications were reviewed. This included notice given: • • •

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

Notice of the Public Hearing was given by mail to every owner of land within 60 metres of the subject lands.

Recommendation It is recommended that application PL-BDJ-2023-0119 for the creation of a right-of-way over 2163 Devil Lake Road in Part of Lots 7 and 8, Concession 9, Bedford District, be approved subject to the following conditions. Expiry Period

Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 296 of 453

Township of South Frontenac Staff Report - Consent Application PL-BDJ-2023-0119, Upton, 2163 Devil Lake Road, Bedford District

deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. 2. The proposed right-of-way will be approximately 750 metres in length and shall be surveyed to a width of 20 metres along its length. The right-of-way will have a total area of approximately 15,000 square metres. Survey/Reference Plan or Registerable Description 3. An acceptable reference plan or legal description of the right-of-way, in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the Certificate of Official shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)]. 4. The surveyor or applicant shall submit the draft Reference Plan electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office. 5. The lawyer for the Owner shall submit the pertinent documentation noting all servient and dominant lands in draft form to the Secretary-Treasurer for review prior to registration. The documentation provided shall include any necessary rights-of-way to ensure legal deeded access is maintained for all dominant lands. All reference plans noted in the documentation shall be provided electronically, if they are different from the reference plan in Condition #4. Municipal Requirements 6. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the issuance of the Certificate of Official. 7. The right-of-way described in condition 2 shall be constructed in accordance with the Township of South Frontenac Private Lane Standards, to the satisfaction of the Township. Zoning 8. Where a violation of Zoning By-law No. 2003-75 is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 297 of 453

Township of South Frontenac Staff Report - Consent Application PL-BDJ-2023-0119, Upton, 2163 Devil Lake Road, Bedford District

Report Prepared By: Christine Woods, RPP, MCIP, Senior Planner

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

Page 298 of 453

Page 299 of 453

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PL-ZNA-2023-0017 (Leonard) – Permission to Enlarge Description: The following seeks permission to enlarge the legal non-conforming use located within 30m of Knowlton Lake. The subject property is developed with a single dwelling and detached garage/carport, setback 10m and 26.8m from the highwater mark respectively. The proposed enlargement would consist of two parts

Add two extra storeys and attached deck to garage/carport; 2) Connect both structures via semicovered walkway. As connected structures, the garage/carport would become part of the principal structure. The proposal would facilitate an increase in gross floor area to 680sqm and height to 9.7m. The enlarged structure would encroach no further towards Knowlton Lake, with the deck addition being setback approximately 23.2m.

Existing Structures Ground Floor Area (m ) Gross Floor Area (m2) Height (m) Highwater Mark Setback (m) Lot Coverage (%) 2

Dwelling (w/ attached deck) 368.2 368.2 8 10 8.6

Garage/ Carport 92.9 92.9 3 26.8 2.2

Proposed Structures Garage/ Carport Upward Addition (2 Storeys) * 92.9 250.0 9.7 26.8

Garage Carport Deck Addition

Semi-covered Walkway

Ground Floor Area (m2) 44.6 16.7 2 Gross Floor Area (m ) 44.6 16.7 Height (m) n/a n/a Highwater Mark 23.2 24.2 Setback (m) Lot Coverage (%) 2.2 1.04 0.4

Upward addition to consist of 1 full storey (92.9sqm) and 1 partially open loft storey (64sqm)

Resultant Structure Ground Floor Area (m2) Gross Floor Area (m2) Height (m) Highwater Mark Setback (m) Lot Coverage (%) *All considered the principal structure

Dwelling (w/attached deck) + Enlarged garage/carport (w/ attached deck) * 522.4 (368.2 + 92.9 + 44.6 + 16.7) 680.0 (368.2 + 250.0 + 44.6 + 16.7) 9.7 (2-storey addition height) 10 (Existing dwelling setback) 12.2 (8.6 + 2.2 + 1.04 + 0.4)

Page 314 of 453

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To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: December 14, 2023 Subject:

Permission Application (S. 45(2) of the Planning Act), PL-ZNA2023-0117, Leonard, 1004 Goslin Lane, Loughborough District

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

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

Discussion Property Description The subject property is 1.05Ac in area and has approximately 48m of frontage on the western shore of Knowlton Lake. The property is accessible via private laneway (Goslin Lane) via Mabels Lane and New Morin Road. There currently exists a 1900sqft (176.5sqm) one-storey dwelling with 2063sqft (191.7sqm) attached deck, a 1000sqft (92.9sqm) detached garage/carport and a 625sqft (58sqm) detached accessory structure. The dwelling with attached deck is setback 33ft (10m) from the highwater mark of Knowlton Lake, with the detached garage/car port being setback 88ft (26.8m). The topography of the site can be www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 317 of 453

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act), PL-ZNA-2023-0117, Leonard, 1004 Goslin Lane, Loughborough District

characterized as having relatively steep embankment at the shoreline that rises towards the location of the existing dwelling. There is a small ridge between the detached garage/car port and the embankment. The shoreline is well vegetated, but the developed portion of the property is mostly cleared of trees. The surrounding area is characterized by rural residential and agricultural land uses. Summary of Proposal To request permission under section 45(2) of the Planning Act to enlarge the legal nonconforming building located within 30m of the highwater mark of Knowlton Lake. The applicant is proposing to enlarge the existing garage/carport setback 26.8m from the highwater mark of Knowlton Lake by adding two additional stories and an attached covered deck. The proposed addition is to be utilized as a “Man-Cave” and storage area. The applicant would also connect the dwelling and the garage/carport via a covered walkway. As connected structures, the garage/carport would become part of the principal dwelling. The two-storey addition to the garage/car port will include a main floor and a loft. This addition would increase gross floor area of the garage/carport from 1000sqft (92.9sqm) to 1667sqft (154.8sqm) and would increase overall height from 8m to 9.7m. This would be taller than the existing dwelling. The proposed 480sqft (44.6sqm) covered deck would not increase gross floor area but would increase building footprint and reduce the highwater mark setback of the garage/carport from 26.8m to 23.2m. The proposed covered walkway connecting the garage/carport and the house would increase gross floor area and building footprint by 180sqft (16.7sqm). For reference, the proposal would facilitate a 1.5% increase in overall lot coverage. In summary, the proposal requires permission to increase the gross floor area of the garage/carport to 2667sqft (247.7sqm) and increase height to 32ft (9.7). Further, the proposed deck addition requires permission to be setback 23.2m from the highwater mark of Knowlton Lake. Finally, permission is required to connect the enlarged garage/carport to the dwelling via semi covered walkway, increasing gross floor area by 180sqft (16.7sqm).

Department and Agency Comments Cataraqui Conservation submitted their comments in a letter dated November 27, 2023. Staff cited no objection to the approval of the application. Additionally, staff noted that proper sediment and erosion controls should be incorporated into construction plans, as well as maintenance and enhancement of a healthy buffer of shoreline vegetation. Finally, the proposed development is within the area regulated by O. Reg 148/06, therefore a CRCA permit will be required.

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

Page 318 of 453

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act), PL-ZNA-2023-0117, Leonard, 1004 Goslin Lane, Loughborough District

Building Services conducted a performance level review of the existing sewage system on the subject property. Ultimately, staff determined that the existing system did not have the capacity to accommodate the proposed increase in livable space. As such, the applicant will be required to install a new Class 4 sewage system to accommodate the proposed development. The specifics of the new Sewage System are to be addressed the time of applying for a building permit.

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

Planning Analysis The subject property is zoned RLSW. The dwelling and garage/carport are permitted uses within the RLSW Zone. Section 5.10.2 of the Zoning By-law states that existing buildings with less than the minimum 30m setback from the highwater mark of a waterbody may be repaired, renovated, or strengthened to a safe condition provided there is no enlargement of gross floor area or increase in height. This provision prohibits the enlargement of existing buildings, without seeking permission from the Committee of Adjustment. The existing dwelling and garage/carport are legal non-conforming uses as they were constructed prior to the current Zoning By-law. The existing dwelling with attached deck is setback 10m and the garage/carport is setback 26.8m from the highwater mark of Knowlton Lake. Through its powers under Section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the dwelling. The proposed enlargement would involve connecting the existing dwelling and detached garage/car port via covered walkway. Further, two storeys and an attached deck will be added to the detached garage/car port. The proposed enlargement would occur mostly within the existing footprint of the garage/carport, with the proposed attached deck and covered walkway slightly increasing overall ground floor area and lot coverage. As connected structures, the garage/car port would become a part of the existing dwelling. Therefore, the proposed enlargement would facilitate an increase in gross floor area of the existing dwelling to 6845.8sqft (636sqm), and an increase in height to 9.7m. The proposed deck addition would reduce the highwater mark setback of the garage/car port to 23.2m but would maintain a greater setback than the dwelling (10m). Proposal to enlarge legal non-conforming uses are not required to demonstrate conformity with Official Plan policy or compliance with Zoning By-law requirements. However, the Committee of Adjustment may consider potential impacts, as well as the desirability of the proposal for the appropriate development or use of the land. It is unlikely that the proposed www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 319 of 453

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act), PL-ZNA-2023-0117, Leonard, 1004 Goslin Lane, Loughborough District

enlargement would result in negative environmental impacts on Knowlton Lake. The proposed enlargement would encroach no further towards the shoreline than the existing dwelling. Additionally, the small ridge occurring between the garage/carport and the embankment of the downward slope towards the shoreline should direct runoff away from Knowlton Lake. It is also unlikely that the proposed enlargement would have a negative effect on the surrounding area. The shoreline of the subject property is well vegetated and should effectively screen the enlarged structure from the lake and surrounding properties. Further, the proposal would minimally increase overall lot coverage by 1.5%. The proposed enlargement is also desirable for the appropriate development of the land. The applicants have chosen to enlarge the garage/carport, as opposed to the existing dwelling setback approximately 12m closer to Knowlton Lake. Enlarging the existing dwelling would have the possibility of resulting in negative impacts. Therefore, planning staff interpret the enlargement of the garage/car port as more favorable. It is the opinion of Township Planning Staff that it is appropriate for the Committee of Adjustment to grant permission to enlarge the legal non-conforming use on the property, as described in this report.

Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing. This included notice given: • • •

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

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve application PL-ZNA-2023-0117 for 1004 Goslin Lane, subject to the following conditions.

Permission is granted to enlarge the legal non-conforming garage/carport and the dwelling on the subject property. The garage/carport may be enlarged to a gross floor area of 2667sqft (247.7sqm) and a height of 9.7m. The proposed deck addition to the garage/carport is permitted to be setback 23.2m from the highwater mark of Knowlton Lake. Finally, the enlarged garage/car port and dwelling are permitted to be connected via 180sqft (16.7m) covered walkway. The location and dimensions of the proposed enlargement should be consistent with the plot plans and drawings submitted by the applicant, that will be attached to the Decision as Schedule “A”.

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

Page 320 of 453

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act), PL-ZNA-2023-0117, Leonard, 1004 Goslin Lane, Loughborough District

The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated. b. Roof runoff will be directed away from the shoreline of Knowlton Lake and neighbouring buildings and structures and discharged to natural or constructed leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads to reduce the velocity of runoff. c. A natural vegetated buffer must be maintained in its natural state within 20 metres of the shoreline.
A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac. Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Senior Planner

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

Page 321 of 453

November 27, 2023

File: MV/FRS/277/2023

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

Application for Permission PL-ZNA-2023-0117 (Leonard) Pt Lot 1, Concession 8; 1004 Goslin Lane Loughborough District, Township of South Frontenac Waterbody: Knowlton Lake

Cataraqui Conservation staff have reviewed the above-noted application for permission and provide the following comments for the Committee of Adjustment. Proposal The proposal involves a request for permission to enlarge an existing legal nonconforming use and structure. Specifically, the applicant is seeking to add two storeys to an existing detached garage/carport, add a deck, and connect the structure to the principal dwelling via a semi-covered walkway. The permission is requested to: •

Reduce the required setback from the highwater mark from 30 metres, as required by Section 5.8.2.a) of the South Frontenac Zoning By-law, to 23.2 metres to permit the construction of the addition and deck.

Site Description The property is located on the western shore of Knowlton Lake. The topography of the site can be characterized as having a relatively steep embankment at the shoreline that rises towards the location of the existing dwelling. There appears to be a small ridge between the existing detached garage and the shoreline embankment. Presently, the lot has a mixture of wooded and open areas. The property is currently designated as ‘Rural’ in the Official Plan and is zoned ‘Limited Service Waterfront Residential’ (RLSW) in the Zoning By-law for South Frontenac Township. Knowlton Lake is designated a Highly Sensitive Lake Trout Lake in the Official Plan. Page 1 of 3

Page 322 of 453

Discussion Cataraqui Conservation’s scope of review for this proposal includes the avoidance of natural hazards (e.g. flooding and erosion) associated with the shoreline of Knowlton Lake. Natural Hazards / Ontario Regulation 148/06 Flooding: Cataraqui Conservation does not have floodplain mapping for Knowlton Lake. However, based upon a review of Lidar elevation mapping, the floodplain is not anticipated to extend inland further than the roughly 5 metre high slope adjacent to the shoreline. 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. The proposed development will be located outside of the setback from the regulatory flood plain. Therefore, staff have no concerns with the proposal from a flooding hazard perspective. Erosion: Section 5.8.2.b) of the Township’s Zoning By-law requires that no building or structure or septic tank installation shall be located within 15 metres horizontal of the top of bank of any embankment, the slope of which is greater than 30% from horizontal. Due to the bedrock shoreline, and in accordance with provincial technical standards, Cataraqui Conservation defines the extent of the erosion hazard associated with the shoreline of Knowlton Lake to be 6 metres from the stable top of bank. The purpose of this setback is to ensure that regular maintenance or repair of buildings and structures, or bank stabilization and shoreline protection works, can occur, and that emergency personnel have the ability to access shoreline areas. Based on the relevant aerial and elevation mapping and the site plan submitted with the application, staff are satisfied that the proposed development will meet the 6 metre top of bank setback and will not further impede access to the shoreline. Staff therefore have no concerns from a natural hazards perspective. If approved, staff recommend that proper sediment and erosion controls be incorporated into construction plans. Staff also recommend the maintenance and enhancement of a healthy buffer of native vegetation between all buildings/structures and the water, to help stabilize soils into the long-term. Recommendation In summary, staff have no objection to the approval of application PL-ZNA-2023-0117 based on our consideration for natural hazard policies. We also recommend implementation of the above-noted environmental mitigation measures (in bold text) and advise the applicant that a permit will be required for the proposed work under O. Reg. 148/06. Ontario Regulation 148/06

Page 323 of 453

Please note that portions of the subject lands are subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, which is administered by the CRCA. The purpose of the regulation is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected by natural hazards, such as flooding and erosion, and that the changes do not put other properties at greater risk from these hazards. For this property, any development (buildings and structures) and site alteration (excavation, grading, placement of fill) within 30 metres of the highwater mark of Knowlton Lake is subject to O. Reg. 148/06. Therefore, a permit will be required from our office for the proposed development. The landowner(s) are advised to contact CRCA at the building permit stage for more information about permitting requirements under O. Reg. 148/06. Please inform this office of any decision made by the Committee with regard to this application. If you have any questions, please contact the undersigned at 613-546-4228 ext. 239, or by e-mail at jtreash@crca.ca. Yours truly,

Janelle Treash Resource Planner cc:

Brad Leonard, Applicant, via e-mail

Page 324 of 453

Page 325 of 453

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used road.

septic

property

the

area 315‘

the

proposed back

maintained

the

Way

That

Road/Lane:

used nearest

the

Service

the

and

SOUTH Planning

perrnission

allowed.

for

extent

cottage

why

subject

the

than

access

and

Limited

zoning

328‘

depth water):

looking

privately

the

facilities

Narne

Does

Moving

reason

water

are

nature

encroaching

The

current

RLSVV

the

The

Depth:

(on

frontage(s),

Frontage

The

TOVVNSHIP

Page 329 of 453

answer I

Setback

Lot

Line

from

Side

Setback

Lot

Line

from

Irle

getbaI::ktf’:9n1 ear

Front

(‘NO

story)

13.The

14.Are

from

any

Seasonal

building(s) built on the

uses

High

dwelling

proposed

Water Mark (lf applicable)

Setback

rea

15.8111

6-Sm

subject

15-35111

the

_87m

2192’“ 49.04m

Yes

for

7.3m

land:

7'47”‘

existing

7.3m

92_50m

Boathouse

building

FOR amended

building(s)

(3)

structure

APPLICATION c. P.13

1950,

73-74m

5”»

additions

(2)

EACH

FRONTENAC Act, R.S.O.

(cottage)

yes,

or structure(s), subject land’?

SOUTH

Planning

1535’“

Of Di’r=I‘lIerISiXr1S oor

story

1 1

Dwelling

(1)

item

(‘,‘5‘’ge‘,’.esi;::¢’;’;e

If the

4:112 :::*s.::is:.5:.

TOVVNSHIP

indicate: (4 )

VARIANCE

structure(s),

IVIINOR

Page 330 of 453

If the

ron

Outside

item 14

story)

If yes,

Existing

please

plans

provide cottage

‘5lm

5‘°“Y

10-731

(cottage)

for each (Z)

proposed

FRONTENAC R.S.O. Act,

DEMOLITION

demolished

details:

any

on relate

mark

existing

building.

and

FOR amended

(3)

building

VARIANC E

structure

MINOR

structures?

|2FYes

a ivate setback p lane, the be the same. wil the CONSTRUCTION to NEVV

addition.

APPLICATION 1990, c. P.13

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

17-55”!

17m

“

2o.25m 48.511-n

yes,

SOUTH Planning

17_56m

8-2m

include

your

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

one

ing

Mark

from

Line

from

Line

from

Ine

Dwelling

(1)

NOTES:

Water applicable)

Setback

High (If

have

Lot

Dimensions Buildinglstructure

story

indicate

Side

Setback

Rear

Setback

Height

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t ure

ruc residence)

o f

answer

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TOVVNSHIP

Page 331 of 453

Lake

storm

other

Ditches

drainage

water

and

swales

provided

privately by

fixtures

bedrooms

sewers,

provided

system

existing

owner:

have

other

land individual

the

Yes

and

publicly communal

means?

owned well,

own ed

rate lake . d

ope

la nd s:

EF NO

VARIANCE

subject

IVIINOR

continued:

FOR amended

a publicly or communal

land

the subject operated

swales

structure?

constructed

land individual

subject

were

current

encroach

to and

ditches.

owned

the

subject

operated

the

structures

uses

and

sgptic

APPLICATION 1990, P.13 C.

development?

or structure system? septic

disposal privately a

provided owned

owned

the

space

acquired

living

plumbing

number

existing

was

buildings

land

sewage system. means:

currently

means;

that

2012

privately

time

existing

1960:

sewage

whether

water

other

whether system.

Individual,

operated privy,

Indicate

water body.

Since

length

19605

date

the

19,

date

subject

the V?ll the on

(d)

the

Increase

(c)

RAISING

FRONTENAC R.S.O. Act,

proposed

addition existing

Increase

the

(b)

details:

the

SOUTH Planning

Increase

uses

provide

include

(a)

the

November

Vvhat

plans please

are

your

If yes,

Indicate

.The

20.The

19.The

TOVVNSHIP

Page 332 of 453

**Note:

Iv)

boundaries

abutting

line

or (neighbours’)

importance

to IS

on—site

varied, and should

land

the

?le

FOR

bridge

the

including

THE

been

between

ever

number

the

ga ni s ?c an t

of s, si

barn

subject the buildings, wetlands, the applicant’s on

an d

Pl a n ni n g

la crossing. n subject

location

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

THE

subject

the

railway

the

VARIANC E

application

the

under

IVIINOR

TOP

arnended

arti?cial features include Examples or stream banks, barns, these of features from

and land.

lands.

application

land

number

has

.i.e. distance as such

subject

file

ARROVV

following:

the

Variance).

give

APPLICATION c. P.13 1990, subject

the

NORTH

point.. landmark

the

give

subject (Minor

abutting and REQUIRED be prepared

all

lot

reference

dimensions

HAVE

showing

please

the Act

please

land is Consent.

The distances propevty to

buildings.

and

IVIUST

yes,

all natural of to the subject river ditches, distance Show

location

Planning

submitted

whether

subject

FRONTENAC Act, R.S.O.

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

The

The location of nearest township

proposed

The and

item

indicate of the

SKETCH

must

Yes

THE

SKETCH

answer If the the application.

III

please If known, under Section

the

SOUTH Planning

Subdivision

question

whether Plan

Yes

answer to application.

indicate

If the the

Please approval

TOVVNSHIP

Page 333 of 453

Inset Inset Map Map

H NE

LOON

S EW

L L A AN N E

DA C M

IS W AY TH

ILL &

L E

Devil Lake AT TH

AY W

E N

TH IS

W AY

PL-ZNA-2023-0124 (HOLMES MENDARD) (PRESTON) 35 THAT WAY LANE

LA NE 142 THIS WAY LANE

Legend Subject Property

MCANDREWS RD

Provincially Significant Wetland Wetland Wooded Area Lake Trout Lake - At Capacity Lake Trout Lake - Not at Capacity Non-Lake Trout Lake - At Capacity Township Boundary Road Railway

44 THAT WAY LANE

35 THAT WAY LANE

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

Page 334 of 453

Devil Lake

Scale: 1:1,882

60 m

UTM Zone 18 NAD 83

Date: 2023-11-02

Page 335 of 453 O 20

Hens-In-ad Humplu-as J: Burgham Ltd.-O.L.S. Goo-rga Bracken Ltm¢¢od—~O.L.S. Rnfonncn Plan 1912-20599 Plan by (H&B) dated June 2, 1985 mu Nam by (Ha.-3) dated February Concrete 7’ of Bank Bottom of Ban]: Edge of Gravel

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1966

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FOR HEARING COMPARISONS. A ROTATION OF O'48'66’ APPLIED TO BEARINGS ON (P2).

TIES TO THE 7ATER’S EDGE ARE PERPENDICULAR TO THE TRAVERSE LINE UNLESS OTHERNTSE NOTED.

DISTANCES SIIOIN ON THIS PLAN ARE IN IIETRES AND CAN BE CONVERTED TO FEET BY DIVIDING 3}’ 0.3048

DISTANCES ARE GROUND AND CAN BE CONVERTED TO GRID BY IIULTIPLYING BY THE COIIBINED SCALE FACTOR OF 0.9997473

CLOCKWISE PAS

FOR HEARING COMPARISONS.A ROTATION OF 3’O8'40’ APPLIED TO BEARINGS ON (P1).

BEARINGS ARE UTII GRID. UTE ZONE 18 (76’ WEST LONGITUDE NAD88 (CSRS) (2010) DERIVED FRO]! REAL-TIIIE KINETIC (RTK GPS OBSERVATIONS AND TRANSFERRED TO ORP ‘A’ AND ORP ‘8’ BY CONVENTIONALTOTALSTATION OPERATIONS.

BEARING NOTE:

sss um)‘

s £3

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-P 0),,

The SURVEY was completed

on the 3rd

day

DATE: JUNE 7. 2021 PHIL F. CHITTY -

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S UR VEYOR’S‘ GER TIFI CATE’:

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FRONTENAC

ELEVATIONS ARE GEODETIC AND ARE REFERRED TO THE HT2_0 GEOID HODEL BEING A PRODUCT OF THE GEODETIC SURVEY DIVISION (GSD) OF NATURAL RESOURCES CANADA.DERIVED FRO]! PRECISE POINT POSITIONING (PPP) SERVICE. THE ELEVATIONS ARE REFERRED TO A SITE BENCHMARKBEING THE TOP OF SIB (H&B), DESIGNATED AS ORP ‘A’ HAVING AN ELEVATION OF 141.75 (GGVD)

ELE VATION N 0 TE:

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SSIB’S PLANTED DUE TO INSUFFICIENT OVERBURDEN

LEGEND:

HOPKINS

1Ometrea

S’CALE’=1:50O

TOWNSHIP OF SOUTH COUNTY of FRONTENAC

TOPOGRAPHIC PLAN of PART of LOT 9, CONCESSION 72 Geographic Township of Bedford

A-1

1/32”=1’

LOL/Ce

[2o.25m] 66’—5%"

27/ 10/23

Devil

Page 336 of 453

SITE PLAN PROPOSAL

EXIST. COTTAGE AND DECK (DAéHED) TO BE REMOVED

COTTAGE

1—STORE*

PROPOSED NEW

—

. 5I m]

257’—7" [78

MENARD DEVILLA KE

’

APPROX. LOCATION OF EXISTING SEPTIC NEW SYSTEM TO BE INSTALLED IN SAME LOCATION

A-2

3’

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P’)

2’

0»

‘5

27/ 10/23

+:+—————

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A-<——4e———

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Page 337 of 453

3/16”=1’

BUILDINGFOOTPRINT

[”-49’“3 37’‘8%"

:5o’—4” [9.25m]

[17.31m] 56’—9%”

T’

[17.97m] 58-11%”

MENARD DEVILLA KE

J’

25’-3” [7. 7om]

A-3

27/ 10/23

Page 338 of 453

3/16"=1’

SOUTH ELEVATION PROPOSAL

MENARD DEVILLA KE

A-4

27/ 1o / 23

Page 339 of 453

3/1e"=1’

NORTH ELEVATION PROPOSAL

MENARD DEVILLA KE

Page 340 of 453

Page 341 of 453

S0 UTH . x \ F R0 N1-ENAc

Development Services 4432 George St, Box 100 Sydenham ON, KOH2T0 613-376-3027 Ext 2226 buildin southfrontenac.net H.

Type of Application or Proposal:

Number:

To:

Comments:

Location:

No objections, setbacks to the hydro lines must be considered for a replacement of the sewage system is the current location. The property is capable of providing flexibility in siting a sewage system, dependent on the proposal submitted through an Application to Construct a Sewage System.

35 That Way Lane Township of South Frontenac (Bedford)

Holmes, Karley (Preston)

Minor Variance

PL-ZNA—2023-0124

Planning Department Township of South Frontenac 4432 George St, Box 100 Sydenham, ON KOH 2T0

COMMENTS SEWAGE SYSTEM REVIEW

App"°a“°"

Applicant Name(s):

I I (s__‘

December 6, 2023

File: MV/FRS/284/2023

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

Application for Permission PL-ZNA-2023-0124 (Holmes & Menard)(Preston) Pt Lot 9, Concession 12; 35 That Way Lane Bedford District, Township of South Frontenac Waterbody: Devil Lake

Cataraqui Conservation staff have reviewed the above-noted application for permission and provide the following comments for the Committee of Adjustment. Proposal The proposal involves a request for permission to enlarge an existing legal nonconforming dwelling on the subject property by expanding the footprint and raising the height. The permission is requested to: •

Reduce the required setback from the highwater mark from 30 metres, as required by Section 5.8.2.a) of the South Frontenac Zoning By-law, to 17.5 metres to permit the construction of the enlarged dwelling.

Site Description The property is located on the northern shore of Devil Lake. The topography of the site can be characterized as having a relatively steep embankment at the shoreline that rises towards the location of the existing dwelling and continues to gradually rise towards the north of the lot. The property is densely covered in mature woodlands. Currently, there is an existing dwelling and boathouse located on the property. The property is currently designated as ‘Rural’ in the Official Plan and is zoned ‘Limited Service Waterfront Residential’ (RLSW) in the Zoning By-law for South Frontenac Township. Discussion Page 1 of 3

Page 342 of 453

Cataraqui Conservation’s scope of review for this proposal includes the avoidance of natural hazards (e.g. flooding and erosion) associated with the shoreline of Devil Lake. Natural Hazards / Ontario Regulation 148/06 Flooding: The highest recorded water level for Devil Lake is 131.96 metres geodetic. For Devil Lake, the highest recorded water level is used in lieu of an engineered flood plain. Cataraqui Conservation’s Guidelines for Implementing Ontario Regulation 148/06 (see description below) require all development and site alteration to be set back a minimum of 6 metres from the regulatory floodplain of a waterbody. Based upon elevation mapping data and the site plan submitted with the application, the proposed development will be located outside of any area that may be subject to potential flood risk. Erosion: Section 5.8.2.b) of the Township’s Zoning By-law requires that no building or structure or septic tank installation shall be located within 15 metres horizontal of the top of bank of any embankment, the slope of which is greater than 30% from horizontal. Due to the bedrock shoreline, and in accordance with provincial technical standards, Cataraqui Conservation defines the extent of the erosion hazard associated with the shoreline of Devil Lake to be 6 metres from the stable top of bank. The purpose of this setback is to ensure that regular maintenance or repair of buildings and structures, or bank stabilization and shoreline protection works, can occur, and that emergency personnel have the ability to access shoreline areas. Based on the relevant aerial imagery and elevation mapping and the site plan submitted with the application, staff are satisfied that the proposed development will be set back at least 6 metres from the top of bank of the immediate shoreline slope. While the dwelling is still situated on a gradual slope, staff are satisfied that the development will not impede access between the dwelling and the shoreline or aggravate the erosion hazard. Staff therefore have no concerns from a natural hazards perspective. If approved, staff recommend that proper sediment and erosion controls be incorporated into construction plans. Staff also recommend the maintenance and enhancement of a healthy buffer of native vegetation between all buildings/structures and the water, to help stabilize soils into the long-term. Recommendation In summary, staff have no objection to the approval of application PL-ZNA-2023-0124 based on our consideration for natural hazard policies. We also recommend implementation of the above-noted environmental mitigation measures (in bold text) and advise the applicant that a permit will be required for the proposed work under O. Reg. 148/06. Ontario Regulation 148/06

Page 343 of 453

Please note that portions of the subject lands are subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, which is administered by the CRCA. The purpose of the regulation is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected by natural hazards, such as flooding and erosion, and that the changes do not put other properties at greater risk from these hazards. For this property, any development (buildings and structures) and site alteration (excavation, grading, placement of fill) within 15 metres of the floodplain of Desert Lake (the elevation 131.96 m geodetic) or within 15 metres of the top of bank of the shoreline is subject to O. Reg. 148/06. Therefore, a permit will be required from our office for the proposed development. The landowner(s) are advised to contact CRCA at the building permit stage for more information about permitting requirements under O. Reg. 148/06. Please inform this office of any decision made by the Committee with regard to this application. If you have any questions, please contact the undersigned at 613-546-4228 ext. 239, or by e-mail at jtreash@crca.ca. Yours truly,

Janelle Treash Resource Planner cc:

Michael Preston, Agent, via e-mail

Page 344 of 453

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: December 14, 2023 Permission Application (S. 45(2) of the Planning Act) Subject: PL-ZNA-2023-0124, Holmes and Menard (Preston), 35 That Way Lane, Bedford District

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

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

Discussion/Analysis Property Description The subject property has a lot area of 0.9ha with 96m of frontage on Devil Lake and is accessed from That Way Lane. The property contains an existing dwelling with an attached deck and a boathouse. The property slopes down towards the water and the lot contains mature tree cover. The property is located in an area of similar waterfront residential development.

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

Page 345 of 453

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2023-0124, Holmes and Menard (Preston), 35 That Way Lane, Bedford District

Summary of Proposal To request permission under Section 45(2) of the Planning Act to enlarge a legal nonconforming dwelling located within 30m of the highwater mark of Devil Lake. The existing 115.3sqm single storey dwelling is set back 15.3m from the lake. The existing dwelling is to be demolished and will be replaced with a 149.2sqm single storey dwelling that is set back 17.5m from the lake. The height of the dwelling will increase from 6.5m to 8.2m. A new septic system is also proposed in a complying location to service the expanded dwelling. Agency Comments The application was circulated to Building Services and Cataraqui Conservation. Building Services had no objection to the application and noted that the property is capable of providing flexibility in siting the replacement septic system. Cataraqui Conservation provided comments stating they have no objection to approval of the application. They recommended that appropriate sediment and erosion controls are incorporated into construction plans and the maintenance and enhancement of a healthy buffer of native vegetation between the development and the lake. Public Comments No comments were received from the public at the time this report was written. Planning Analysis The Township Official Plan Schedule designates the subject property as Rural and the property is zoned RLSW in Zoning By-law No. 2003-75. The dwelling is a permitted use. Section 5.10.2 of the Zoning By-law states that existing buildings with less than the minimum 30 metre setback from the highwater mark of a waterbody may be repaired, renovated or strengthened to a safe condition provided there is no enlargement of the gross floor area or increase in height. This provision prohibits the enlargement of these existing buildings, without seeking permission from the Committee of Adjustment. The existing dwelling is a legal non-conforming building because it was constructed prior to the current Zoning By-law and is setback 15.3 metres from the highwater mark. Through its powers under section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the dwelling. The criteria for considering an application under Section 45(2) are:

Whether the application is desirable for appropriate development of the subject property; and www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 346 of 453

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2023-0124, Holmes and Menard (Preston), 35 That Way Lane, Bedford District

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

The proposed dwelling will be located further from the water than the existing dwelling as it will be set back 17.5m from the highwater mark compared to the 15.3m setback of the existing dwelling. There would be minimal opportunity to increase the set back further due to the location of the proposed septic system which will be in a compliant location set back more than 30m from the lake. The building location minimizes the amount of site disturbance and the amount of vegetation removal that would be required as there is significant overlap of the existing and proposed building footprints. Regarding lot coverage, the proposed dwelling footprint is slightly larger than the existing dwelling and lot coverage will be increasing from 1.3% to 1.6% as a result of the development. Both the existing and expanded dwellings will be one storey structures. The building height will slightly increase from 6.5 metres to 8.2 metres which is within the maximum permitted height of the RLSW zone. Maintaining existing vegetation will assist in screening the development from adjacent properties and help mitigate any visual impacts. Conclusion It is the opinion of staff that it is appropriate for the Committee of Adjustment to grant permission to expand the legal non-conforming dwelling on the property, as described in this report.

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

Recommendation That the Committee of Adjustment receive comments from the public and, pending comments received, approve for application PL-ZNA-2023-0124 for 35 That Way Lane, subject to the following conditions.

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

Page 347 of 453

Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act) PL-ZNA-2023-0124, Holmes and Menard (Preston), 35 That Way Lane, Bedford District

Permission is granted to enlarge the legal non-conforming dwelling on the subject property. The replacement dwelling is permitted to have a 149.2 square metre ground floor area, a maximum building height of 8.2 metres, and be set back a minimum of 17.5 metres from the high water mark of Devil Lake, consistent with the submitted plans (MPD. dated 2023-10-27) that will be attached to the Decision as Schedule “A”.
The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated. b. Roof runoff will be directed away from the shoreline of Devil Lake and neighbouring buildings and structures, and discharged to natural or constructed leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads to reduce the velocity of runoff. c. A natural vegetated buffer must be maintained in its natural state within 30 metres of the shoreline.
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: Tom Fehr, Planner Report Reviewed By: Christine Woods, MCIP RPP, Senior Planner

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

Page 348 of 453

Page 349 of 453

.. .

permit

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Page 350 of 453

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Personal

Information

Personal information herein is requested under the Planning required Act, This information be used by the Committee will Adjustment/Land of Division of purpose reviewing the above referenced and may be application, made boards, Commissions, Agencies and Authorities, Persons having an interest regarding the questions collection this of information should be directed Treasurer of the Committee Adjustment of (P.O. Box Sydenham, 100, Ont., 376-3027 ext.2224).

Collection

lands

shall a sketch showing provide the dimensions of the subject as outlined Question in 29 the of The application. sketch sho uld dimensioned and scaled either in Metric Imperial or measures. This sketch, the is Application Form, the basis the for analysis of the Minor Variance Committee of Adjustment. It is strongly recommended that the applicant spe time carefully to and thoroughly assemble the data and transfer data nd t the o that the important sketch be drawn with accurate dimensions and measu which does application not include the above information may required not remen be ts. regard, the may applicant wish to secure the assistance of a who person drafting of such sketches. A guide to answering the is application questions

Each abutting

PLEASE

Note: These fees permit applications

TOVVNSHIP

Page 351 of 453

Page 352 of 453

What

Please (Le.

season

the

indicate residence,

are

used nearest

be to public

subject

road

21 Yes

whether garage,

residential

existing

the

property

does

the

and

the

1“

the

etc.)

the

Maberly

Yes

any

EXISTING

land?

is by water approximate

rnunicipally

buildings

the facilities

structures

indicate these

Rd)

1 1 X24

acres

new

road?

IVIINOR

road/lane):

FOR amended

provisions

0.54

(on

Badour please distance

only,

(Off

maintained

the

for

By—Iaw:

with

maximum

Zoning

Area:

Frontage

land.

APPLICATION 1990, c. P.13

comply

subject

zoning.

cannot

the

from

subject

the

Lane,

are

dwelling there shed,

uses

and

property

road.

used

Bay

road?

use

the

land:

FRONTENAC R.S.O. Act,

exceed

relief

permit

the

subject

front

Mill

not

proposed

the

area

SOUTH Planning

13711

coverage

extent

maintained

lot

why

lot

Road/Lane:

privately

Unknown,

the

and

the

zoning

ft of

depth

water): 225

and

subject

reason

access

facilities

Name

Does

nature

Undersized

The

current

RLSVV

Permit

The

Depth:

(on

frontage(s),

Frontage

The

TOVVNSHIP

Zon ing

the

from

parking

Yes

the

addition.

8 2

VARIAN CE

Page 353 of 453

story

indicate

if It

14.Are

13.The

any be

Same

with

uses

High

one

ing

building(s) on the

built

use.

proposed

story)

Area

tvvo

Line

from

Line

from

Line

frorn

Setback from Water Mark (If applicable)

Dirnensions Floor

(Also

Lot

Setback Side

Height

Lot

Rear

Setback

Front

answer

Structure residence)

the

Setback

(E_g_

Type

TOVVNSHIP

‘

27-

subject

proposed

the

1 55

1 8’

1 9-

1 55

yes,

j2l<Yes

or structure(s), subject land?

the

SOUTH Planning

Dwelling

1 1

24x36

(1)

item

addition

land:

for

additions

(2)

EACH

FRONTENAC R.S.O. Act,

205

‘lOx‘lO

20’

5’

205

existing

Outhouse

building

FOR

MINOR

VARIAN CE

structure(s),

indicate:

amended

building(s)

(3)

structure

APPLICATION 1990, P.13 C.

Page 354 of 453

If the

story

two

Outside

indicate

NOTES:

iii

story)

Line

frorn

from Line

Line

from

item (1)

1’

for

each (2)

proposed

FRONTENAC Act, R.S.O.

walls

DEMOLITION

details: partition

any

existing

mark relate building.

and

FOR amended

(3)

structures?

VARIAN CE

structure

IVIINOR

Yes

the setback lane, the same. CONSTRUCTIO NEW

building

a private be will to the

F’.13

addition,

APPLICATION

1990,

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

1 60’

24-‘x1

1 8.

55’

40'

1 60‘

15'

yes,

SOUTH Planning

Addition of dwelling

interior

provide

include

dimensions the to

subject and the

plans

NOT

If the line The

yes, please Just some

your

and

lot 2)

Setback from High Water Mark (If applicable)

Dimensions Buildinglstructure

(Also

Lot

Setback Side

Height

Lot

Rear

Setback

Front

Structure

answer

residence)

Setback

Type (E.g.

TOVVNSHIP

Page 355 of 453

other

natural

that

the

or septic

sewers,

fixtures

bedrooms

ditches,

owned

provided

the

existing

swales

have

other

land individual

a or

land

FOR

Yes

the

and

publicly communal

means?

owned well,

continued:

.<Yes

JS“<Yes

ow ned

er lake , ate

l a n d s :

I)N o

F‘

VARIAN CE

subject

MINOR

J>T<Yes

amended

publicly communal

owner:

subject operated

the

structure?

constructed

land individual

subject

were

current

encroach

and

subject

operated

the

structures

structure system?

uses

and

privately

disposal

provided owned

existing

was

existing

space

acquired

living

plumbing

number

APPLICATION 1990, P.13 C.

development?

FRONTENAC Act, R.S.O.

RAISING

proposed

addition

the

details:

the

SOUTH Planning

buildings

land

provided

sewage system, means:

drainage

the the

water a privately means:

time

existing

system

sewage

whether

Septic

whether

system, other or

VVelI

storm

Indicate operated privy,

the

subject

Will

Increase

(<3) (:1)

Increase

(b)

uses

provide

Increase

the

include

(a)

the

years

length

~32

indicate

water body,

date

~1991

.The

20.The

date

plans please

are

your

yes,

What

~1990

1 9.The

TOVVNSHIP

Page 356 of 453

Please

**Note:

*"‘

property

distances to importance

The

be and

should

to on—site IS varied,

tanks.

location adjacent drainage of

file

subject

(neighbours’)

and abutting REQUIRED be prepared

FOR

the

features

an d

bar ofns,si ga ns if ic a n t

the subject buildings, wetlands, the applicant’s

subject la crossing. n

location

THE

subject

the

the railway

TOP

the

VARIAN CE

application

the

under

IVIINOR

include barns, from

features

between bridge or

including

THE

been

amended

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

these owners’

ever

number

Examples banks,

artificial

land. or stream

and

lands.

application

land

number

ARROVV

following:

the

P.13

land has Variance).

give

subject

APPLICATION

1990,

. . . . ..i.e. distance landmark as a such point

NORTH

the

give

all natural the subject ditches, river Show distance to

subject (Minor

please

showing HAVE

abutting

land

R.S.O.

Consent.

the Act

please

yes,

Act,

FRONTENAC

dimensions

yes,

reference lot line

and buildings.

MUST

submitted

all

whether Planning

)<iNo 27

ofa

septic

approximate land that

location

watercourses, wells and lines.

The the

The

township

location

The

nearest

boundaries proposed

and

SOUTH Planning

)’(No

indicate the of

item

The

the subject Subdivision

question

SKETCH

must

Yes

THE

SKETCH

answer If the the application.

l_l

If known, please under Section

Yes

whether Plan

answer application.

indicate of a

If the of the

approval

TOVVNSHIP

Page 357 of 453

Page 358 of 453

Nature

Subject

and

this

mailing

—

your behalf should

section, address,

Minor

FOR amended

the here

arat post ale

sep

VARIANC E

variance owne All

live with

Form

NIINOR

if they complete

during appear

even

Variance

for

be not aware pre—consu|tation

may

and

ofthe with

zoning planning

that

are

themselves generally

maintained

shared

roads

(not

private

meet add further

not to

the Township; but lanes

can you a variance developing

why

after driveways, others).

looked

seeking or that

words,

with

are

other you are the water, embankment. In

and

that

private provide

req uire an d the

d to o than within buil ding

this

the to from

asking rather structure accessory are m

property

25 of a an

you

your staff.

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

for

You in

Roads: Municipally that residents maintain

property

phone

appear the full

the

APPLICATION P.13 c.

1990,

on act number

R.S.O.

Completing

someone

line

mark, mark,

—

come

zoning:

and

you

lot

the The

appoint address

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

front

water water

variance

must

Act,

FRONTENAC

Land: Districts are the same as the former a Townships. If you the roll number (the long number beginning with 1029) on bill. r tax your e or your 010, 020 district is numbers are 030, Bedford; if the O40~O50, Loughborough; the numbers are or your if 060 district is Storrin 070. gton; numbers are district 080, is Portland. your Concession and Lot Numbers: check bill are not tax if you sure, your Street Number: Your civic address civic number has been as if a not si space blank. g Name of Road/Street: This or you are o question whether not applies n n road. a public e Reference Plan No: has been surveyed, it will have a If your property d, one or more on that surveyed, parts has been plan. If your not property blank. Roll No: This is the number beginning ‘1029' appears on y with which o take time it up to look before submitting the application. u r acres: depth, this be of must area, All question completed. parts

District:

name,

wish

Guide

SOUTH Planning

owners should

Current

when

Frontage,

b. c.

Description

authorization.

may You person’s

the

The and

names all of address(es)

TOVVNSHIP

Page 359 of 453

Parking

Buildings:

are information

Description

actually

may

Water their

Uses:

“yes" —

new

structures:

do under

it.

although because

Structure:

that.

acquired:

water

and

ANY

from

in a

lake.

most

uses:

the is be

cases

are

the

not

take

e.g.

are

answer

example,

you

—

answer

words,

walls

did

For

Please with

other

new

screened

part

proposing

permit

will

has

sure,

the

private

land

provide

possession

each

you

the

development and

your

the

well,

been

porch

this

must a

but

used

best

for

some

property?

invol ide ved. nce . in

res

depart ment.

be deck,

as con stru ct

increase An an involve

building

waterfront

residential

estimate.

the

question. would

raise

of this describ e

now,

access

VARIAN CE

property, systems.

add

the

the same planning recreational on

septic

are

will “vacant

you

please

sections

land

only

property

can

MINOR

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

ANYTHING garages,

and

dwelling,

would build decks,

proposed addition to

ALL

planning additions,

you

FOR amended

recreational

all complete dwelling,

your

question

must on

structures

to this vacant,

You deck

“residential"

currently section in

answer

P_13

vacant

relevant

APPLICATION

1990,

only

business,

R.S.O.

requires or increase made clear you are granted you have made not

When

buildings

retail

structures: there

are if you includes

Act,

FRONTENAC

question

construction: construct columns.

buildings:

months?

existing

supply:

are

demoIit’on All addition proposed walls. is If this not

This

residential,

This

proposing to in separate

SOUTH

Planning

Generally, the land described 13 would

example, use to be section in

existing

20)Date

Length years,

land

19)Date

there If “yes".

e.g.

Docking:

of buildings on your property. residence.

Uses:

and

of Development: include anything

basement

18)Uses would space.

find

Demolition: instances, existing of

you

17)Raising

question

Proposed

Proposed but for if, then the described

Description structure the from

question

Existing

water.

TOVVNSHIF’

Page 360 of 453

most

Are drainage,

Must the

signed

been

sewage

the

or sign the application,

front

variance be aware a new

severance this

FOR

system,

arnended

for consent

constructed

any

commissioner application it can or

granted

but

(severance) the

ma y with

VARIANC E

there deal

IVIINOR

or subdivision information)

P.13

application

a minor probably are If you

application, sign must

ever been you will by—law.

provide

for

have

private

APPLICATION

1990,

in be

signed

of front

oaths

Agreement Indernnify: to this done before submitting as owners commissioners. All has been appointed.

Has there property, the zoning

can

help

currently

that

R.S.O.

will

application

there

ditches

answer

current (Staff

specific

the

Act,

FRONTENAC

the

a is number.

consent:

etc.?

there

cases

SOUTH Planning

property? on the other special a for to the seller pro will owner. ba this. aware of you bly a has been variance granted the on If yes: if there previous pl property, e number and what the details of the variance were. application if known, a We SKETCH: cannot stress enough the importance of a accurate, s detailed, e sketch. You do not necessarily need to with contract a to professional are but sketches that not drawn do show dimensions and to not scale, drawn neatly (PLEASE RULER), not USE be A will not accepted.

time

Minor

If there the file

variance: owner of variance

yes:

indicate

for Application the property?

for

Drainage: natural

Septic:

TOVVNSHIP

164 MILL BAY LANE

Inset Map Inset Map

LA KE

151 MILL BAY LANE

CRO

126 MILL BAY LANE

BAD

AN E

T H IST LE

L DS

NA L

LAW S

O O P LANE

A R L NE DE

TW RIF

AN E

ROAD UR BA D O

148 MILL BAY LANE

AN DL

R OU

133 MILL BAY LANE

PL-ZNA-2023-0125 (DUFF) (MCNUTT)

MILL BAY LANE

Bobs Lake

O D

126 MILL BAY LANE Legend Subject Property

128 MILL BAY LANE

Provincially Significant Wetland

123 MILL BAY LANE

Wetland Wooded Area Lake Trout Lake - At Capacity 126 MILL BAY LANE

Lake Trout Lake - Not at Capacity Non-Lake Trout Lake - At Capacity

Bobs Lake 113 MILL BAY LANE

Township Boundary Road 116 MILL BAY LANE

Railway

103 MILL BAY LANE

108 MILL BAY LANE

93 MILL BAY LANE

Y BA

Page 361 of 453

87 MILL BAY LANE

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

98 MILL BAY LANE

450 BADOUR RD

Scale: 1:1,341

83 MILL BAY LANE

0 88 MILL BAY LANE

12.5

50 m

450 BADOUR RD

UTM Zone 18 NAD 83 84 MILL BAY LANE

Date: 2023-11-08

Page 362 of 453

DUFF COTTAGE ADDITION 126 MILL BAY LANE, MABERLY, ON K0H 2A0 OWNER: BARRY & DEBORAH DUFF

WALL, PARTITION & FURRING SCHEDULE 1. 2. 3. 4.

ALL GYPSUM BOARD TO BE TAPED, SANDED, AND PRIMED. ALL EXPOSED GYPSUM BOARD TO BE FINISHED WITH 2 COATS OF OWNER SELECTED PAINT. ALL WASHROOMS TO HAVE MOLD-RESISTANT DRYWALL, AND PARTITIONS SEPARATING WASHROOM FROM OTHER INTERIOR SPACES TO BE FILLED WITH ACOUSTIC BATT INSULATION. ALL SHEATHING TO BE INSTALLED HORIZONTALLY. SPRAY FOAM INSULATION MAY BE SUBSTITUTED WITH R-24 BATT INSULATION INSTALLED BETWEEN WALL CAVITIES, ALONG WITH 6 MIL POLYETHYLENE VAPOUR BARRIER INSTALLED ON INTERIOR SURFACE OF WALL FRAMING - INSTALLED WITH CAULKING AND JOINT TAPE AS PER MANUFACTURER’S INSTALLATION RECOMMENDATIONS / REQUIREMENTS.

GENERAL NOTES 1. 2. 3. 4. 5. 6. 7.

NEW VINYL SIDING TO MATCH EXISTING WEATHERPROOF BARRIER 2x6 SPF No.1/2 STUDS

2-LB SPRAY FOAM INSULATION (MINIMUM R-24) 1/2" GYPSUM BOARD

SYMBOLS & ANNOTATIONS

SOME ASSUMPTIONS HAVE BEEN MADE ABOUT THE COMPOSITION OF THE EXISTING ASSEMBLIES. IF DISCREPANCIES ARE DISCOVERED, GC MUST NOTIFY THE ARCHITECT. GC IS RESPONSIBLE TO COORDINATE VERIFICATION OF ALL DIMENSIONS BEFORE CONSTRUCTION STARTS, AND MUST NOTIFY ARCHITECT OF ANY DISCREPANCIES. ALL SUB-CONTRACTORS ARE RESPONSIBLE TO TAKE SITE MEASUREMENTS WHICH PERTAIN TO THEIR SCOPE OF WORK, AND REPORT ANY DISCREPANCIES TO THE GC. DO NOT SCALE DRAWINGS. ALL WORK TO BE IN COMPLIANCE WITH THE OBC, MUNICIPAL REGULATIONS AND BY-LAWS. ALL GYPSUM BOARD TO BE TAPED, PATCHED, & PRIMED. ALL EXPOSED GYPSUM BOARD TO BE PAINTED. COLOUR TO BE CONFIRMED BY OWNER. GC TO REPAIR ALL EXISTING MATERIALS TO REMAIN THAT ARE DAMAGED DURING DEMOLITION OR CONSTRUCTION. GC TO PATCH AND MAKE GOOD ALL OPENINGS OR GAPS IN EXISTING FINISHES TO A LEVEL CONSISTENT WITH THE SURROUNDING AREA. ALL NEW OPENINGS IN WALLS REQUIRE LINTELS CONFORMING TO TABLES A-1 THROUGH A-37 OF DIVISION B PART 9 OF THE 2012 ONTARIO BUILDING CODE. ALL NEW RECEPTACLES, WIRING & PANELS TO CONFORM TO 2015 ONTARIO ELECTRICAL SAFETY CODE & CHAPTER 9 OF THE 2012 ONTARIO BUILDING CODE. ALL PLUMBING & GAS WORK TO BE EXECUTED BY CONTRACTOR IN COMPLIANCE WITH THE ONTARIO BUILDING CODE. ALL SPRAY FOAM INSULATION TO BE LOW V.O.C. 2LB CLOSED CELL POLYURETHANE FOAM. ALL FOAMED PLASTICS, INCLUDING SPRAY FOAM OR RIGID INSULATION (EPS, XPS, ISO) TO BE PROTECTED FROM INTERIOR SPACES WITH 1/2" GYPSUM BOARD. ALL POLYETHYLENE VAPOUR BARRIERS TO BE SEALED WITH APPROVED CAULKING & TAPE (TUCK TAPE OR EQUIV.) FOR INTERNAL SEAMS/JOINTS & PERIMETERS EDGES. TAPE TO BE FLAT, FREE OF FOLDS OR GAPS. TAPING SUBSTRATE TO BE EITHER ADJACENT CONTINUOUS VAPOUR BARRIER OR OTHER VAPOUR IMPERMEABLE MATERIAL

Room Name

ROOM NAME ROOM TAG

101

ROOM NUMBER

NEW DOOR

EXISTING DOOR

ELEV./SECT. NUMBER

SIM X

REFERENCE SIM - SIMILAR

PENDANT LIGHT

EXISTING (ASSEMBLY HATCH)

ELEVATION/SECTION

AX.XX

DRAWING WHERE ELEVATION/SECTION IS LOCATED

1 2

RECESSED LIGHT

SIM

CONCRETE PARGING TO 6" BELOW GRADE

PERMIT DRAFT PERMIT SUBMISSION

REFERENCE SIM - SIMILAR

DETAIL CALLOUT

AX.XX

2023-08-16 2023-09-12

NOT IN SCOPE (AREA HATCH)

DETAIL NUMBER

ISSUED FOR

EMERGENCY LIGHT w/ 30min BATTERY BACK-UP (CSA C22.2 No.141)

DRAWING WHERE DETAIL IS LOCATED

2" XPS INSULATION 8" POURED CONCRETE w/ 2-10M REBAR @ TOP

DEMO & CONSTRUCTION KEYNOTES 1

6 1/2"

P1 P2

DRAWING LIST

A0.01 A1.51 A1.60 A2.00 A2.01 A2.02 A2.03 A5.00

DEMOLISH EXISTING EXTERIOR WALL FOR WALL OPENING. PROVIDE NEW L1 LINTEL

2x6 WOOD STUDS @ 16" O.C. [P1] 2x4 WOOD STUDS @ 16" O.C. [P2]

DEMOLISH EXISTING CLADDING & EXTERIOR WOOD SHEATHING WHERE WALL INTERSECTS WITH NEW ADDITION

1/2" GYPSUM BOARD

DOWEL NEW FOUNDATION WALL & FOOTING INTO EXISTING FOUNDATION & FOOTING C/W 15M BARS EPOXY GROUTED @ 16" O.C. w/ MIN 4" EMBEDMENT, TYP.

550mm x 900mm CRAWL SPACE ACCESS HATCH. LOCATION OF HATCH MAY BE REVISED BY CONTRACTOR TO SUIT FRAMING

550mm x 900mm ATTIC ACCESS HATCH. LOCATION OF HATCH MAY BE REVISED BY CONTRACTOR TO SUIT ROOF TRUSS LAYOUT

6 7

PROVIDE TWO (2) 15M BARS VERTICALLY EACH SIDE OF OPENING

FLOOR TYPE

220-240v DUPLEX RECEPTACLE

KEYNOTE

DUPLEX RECEPTACLE

D000

DOOR TAG

FL#

EXTERIOR / STRUCTURAL WALL TYPE

FURRING TYPE

CONNECT NEW WEEP TILE TO EXISTING WEEP TILE & SUMP SYSTEM (IF EXTANT)

1/2" GYPSUM BOARD

LEGENDS AND SCHEDULES DEMO GROUND FLOOR PLAN DEMO ELEVATIONS 3D VIEWS DESIGN FOUNDATION DESIGN GROUND FLOOR PLAN DESIGN ROOF PLAN DESIGN SECTIONS

INTERIOR PARTITION TYPE

GFCI DUPLEX RECEPTACLE

GFCI SD

SMOKE DETECTOR (CEILING MOUNTED)

ABBREVIATIONS: ABOVE FINISHED FLOOR ANNUAL FUEL UTILIZATION EFFICIENCY BETWEEN B/W COMPLETE WITH C/W ENERGY FACTOR EF GENERAL CONTRACTOR GC HORIZ. HORIZONTAL LEVEL LVL

AFF AFUE

MAX MIN MPA OBC O.C. OSB PEO RFG

MAXIMUM MINIMUM MPA ONTARIO BUILDING CODE ON CENTRE ORIENTED STRAND BOARD PROFESSIONAL ENGINEER OF ONTARIO REFRIGERATOR

SPRUCE-PINE-FIR SENSIBLE RECOVERY EFFICIENCY STRUCTURAL SELECT SS TYPICAL T&G TONGUE & GROOVE TYP VERT VERTICAL WITH W/ WWM WELDED WIRE MESH SPF SRE

DOOR&SCHEDULE FOOTINGS FOUNDATIONS STRUCTURAL KEYNOTES F1

CONTINUOUS 8" x 24" CONCRETE FOOTING C/W (2) 15M REBARS

LINTEL: 3-PLY 2x8 (SPF No.1/2) POSTS: 2x6 JACK POST + 2x6 KING POST TO T/O WALL (SPF No.1/2)

THIS DRAWING IS COPYRIGHTED AND MUST NOT BE USED, REPRODUCED, OR REVISED WITHOUT WRITTEN PERMISSION. DIMENSIONS ARE IN FEET & INCHES UNLESS OTHERWISE NOTED. VERIFY DIMENSIONS. DO NOT SCALE THIS DRAWING. REPORT INCONSISTENCIES AND OMISSIONS TO THE CONSULTANT FOR CLARIFICATION BEFORE COMMENCING WITH THE WORK. DEVIATIONS FROM THE CONTRACT DOCUMENTS WITHOUT WRITTEN APPROVAL FROM THE CONSULTANT ARE SUBJECT TO CORRECTION AT THE CONTRACTOR’S EXPENSE.

ARCHITECT & PRIME CONSULTANT GRAFF ARCHITECTURE 1358 RIDEAU FERRY ROAD PERTH, ONTARIO K7H 3C7 Tel: (613)-900-1963

KEYPLAN

ALL CONCRETE WALLS & FOOTINGS TO BE 20 mPa (3000 PSI). ALL WALL FOOTINGS TO BE 24"w x 8"h UNLESS OTHERWISE NOTED. REFER TO FOUNDATION PLAN.

ALL FOOTINGS TO BE TAKEN TO SOLID BEARING, UNDISTURBED NATIVE MATERIAL OR COMPACTED GRANULAR WITH MINIMUM SLS = 75 kPa AND ULS = 150 kPa UNLESS OTHERWISE NOTED. BEARING CAPACITY TO BE CONFIRMED ON-SITE BY A GEOTECHNICAL ENGINEER PRIOR TO POURING CONCRETE. CONCRETE MIXES TO COMPLY WITH SECTION 9.3.1.7 OF OBC.

CONCRETE COMPRESSIVE STRENGTH AFTER 28 DAYS TO COMPLY WITH SECTION 9.3.1.6 OF OBC.

CONCRETE COVER CLEAR TO REINFORCING SHALL BE 1" FOR U/S OF SLABS, 3" FOR U/S OF FOOTINGS.

ALL CONCRETE SHALL HAVE THE FOLLOWING MINIMUM COMPRESSIVE STRENGTH @ 28 DAYS TO COMPLY w/ SECTION 9.3.1.6 OF OBC. a. EXPOSED EXTERIOR STRUCTURAL SLAB 32 mPa, (4650 PSI) W/ 5 TO 8% AIR ENTRANIMENT b. GARAGE SLAB ON GRADE 32 mPa, (4650 PSI) W/ 5 TO 8% AIR ENTRANIMENT c. BASEMENT SLAB ON GRADE 25 mPa, (3600 PSI) d. REMAINING CONCRETE 20 mPa, (3000 PSI)

STEPPED FOOTING WHERE REQUIRED TO BE CONFIRMED ON-SITE TO SUIT GRADING & APPROVED BEARING & FROST COVER. MAXIMUM STEP HEIGHT = 23", MINIMUM FOOTING RUN = 23"

PROVIDE FOUNDATION FROST PROTECTION AS PER GEOTECHNICAL ENGINEER’S DETAILS, WHERE U/S OF FOOTING IS LESS THAN a. 6’-0" BELOW GRADE @ UNHEATED SPACE b. 5’-0" BELOW GRADE @ HEATED SPACE

IMPERIAL

SEAL

FILL UNDER CONCRETE SLABS SHALL BE CLEAN UNIFORM FINE SAND OR CLEAR STONE & FREE OF DEBRIS & OTHER DELETERIOUS MATERIAL. FILL SHALL BE COMPACTED.

DRAINAGE OF FOOTING UNDER FOUNDATION WALL TO CONFORM TO SECTION 9.14.2.1. - PROVIDE MIN 4"~ WEEPING TILE C/W FILTER CLOTH @ PERIMETER AS PER OBC 9.14.3 (TYPICAL).
WINDOW WELLS TO HAVE 4" WEEPING TILE C/W FILTER CLOTH CAPPED AT END AND CONNECTED TO PERIMETER FOOTING WEEPING TILE. WINDOW WELL TO BE FILLED WITH 3/4" CLEAR STONE UP TO 6" BELOW BASEMENT WINDOW SILL.

WINDOW SCHEDULE

DOOR SCHEDULE

DUFF COTTAGE WINDOW NOTES:

FLOOR SCHEDULE

ROOF SCHEDULE

ALL WINDOWS TO BE VINYL FRAMES WITH 6MM DOUBLE GLASS PANES LOW-E COATING & ARGON GAS. WINDOWS MUST HAVE A MAXIMUM U-VALUE OF 0.32, AND A MAX. SOLAR HEAT-GAIN COEFFICIENT OF 0.40. DIMENSIONS LISTED ARE ROUGH OPENINGS. CONTRACTOR TO COORDINATE NEW WINDOW AND DOOR INSTALLATION TO ENSURE HEADERS ALIGN AS SHOWN ON ELEVATIONS. CONFIRM ALL WINDOW SIZES WITH OWNER. TYPE HEIGHT A-1 3’ - 4" B-1 4’ - 0"

METAL ROOFING OR ASPHALT SHINGLES AS PER OWNER’S REQUEST

WIDTH 3’ - 4" 4’ - 0"

SILL HEIGHT 3’ - 4" 2’ - 6"

COUNT 4 2

DOOR D106 D107 D108

LOCATION W/C BEDROOM BEDROOM

ABBREVIATIONS: PF PRE-FINISHED TBD TO BE DETERMINED

TYPE D3 D3 D3

±HEIGHT 6’ - 8" 6’ - 8" 6’ - 8"

±WIDTH 2’ - 8" 2’ - 8" 2’ - 8"

DOOR MAT. WD WD WD

FINISH PT PT PT

126 MILL BAY LANE MABERLY, ON K0H 2A0

LEGENDS AND SCHEDULES

PT PAINTED WD WOOD

FLOOR FINISH TO BE CONFIRMED ROOFING MEMBRANE

3/4" PLYWOOD SHEATHING

FL1

9 1/2" WOOD I-JOISTS @ 16" O.C. (SPACING TO BE CONFIRMED BY SUPPLIER)

3/4" T&G PLYWOOD SHEATHING

2" TYP

ENGINEERED WOOD TRUSS (DESIGN BY SUPPLIER)

R-61 BATT INSULATION 6 mil POLYETHYLENE VAPOUR BARRIER 5/8" GYPSUM BOARD (INTERIOR) VENTED METAL SOFFIT (EXTERIOR) SEE KEYNOTE #2

DRAWN: GJG PLOT DATE: 9/13/2023 2:00:24 AM

DOOR NOTES:

SLIDER

A-1

B-1

ALL HARDWARE TO BE CONFIRMED BY OWNER EXTERIOR DOORS MUST HAVE A MAXIMUM U-VALUE OF 0.50. ALL SWING DOORS TO RECEIVE FLOOR STOPS ALL EXTERIOR DOORS TO BE INSULATED WITH WEATHERSTRIPPING AND THRESHOLDS

A0.01

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23014P01

1 A1.60

ISSUED FOR 1 2

2023-08-16 2023-09-12

PERMIT DRAFT PERMIT SUBMISSION

IMPERIAL THIS DRAWING IS COPYRIGHTED AND MUST NOT BE USED, REPRODUCED, OR REVISED WITHOUT WRITTEN PERMISSION.

SCREENED PORCH

DIMENSIONS ARE IN FEET & INCHES UNLESS OTHERWISE NOTED. VERIFY DIMENSIONS. DO NOT SCALE THIS DRAWING.

100

REPORT INCONSISTENCIES AND OMISSIONS TO THE CONSULTANT FOR CLARIFICATION BEFORE COMMENCING WITH THE WORK. DEVIATIONS FROM THE CONTRACT DOCUMENTS WITHOUT WRITTEN APPROVAL FROM THE CONSULTANT ARE SUBJECT TO CORRECTION AT THE CONTRACTOR’S EXPENSE.

ARCHITECT & PRIME CONSULTANT GRAFF ARCHITECTURE 1358 RIDEAU FERRY ROAD PERTH, ONTARIO K7H 3C7 Tel: (613)-900-1963

BEDROOM

103

105

KEYPLAN

A1.60

LIVING ROOM 101

SEAL ENTRY

BEDROOM

102

106

DUFF COTTAGE

126 MILL BAY LANE MABERLY, ON K0H 2A0

DEMO GROUND FLOOR PLAN DRAWN: Author PLOT DATE: 9/13/2023 2:02:05 AM 2 A1.60

1 A1.51

GROUND FLOOR DEMO PLAN 3/8" = 1’-0"

A1.51

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23014P01

TOP OF ROOF 18’ - 0 1/2"

T/O WALL 12’ - 2"

ISSUED FOR

1 2 GROUND LEVEL 4’ - 0"

4 A1.60

WEST DEMO ELEVATION 3/16" = 1’-0"

2023-08-16 2023-09-12

PERMIT DRAFT PERMIT SUBMISSION

GROUND LEVEL 4’ - 0"

3 A1.60

EAST DEMO ELEVATION IMPERIAL

3/16" = 1’-0"

ARCHITECT & PRIME CONSULTANT TOP OF ROOF 18’ - 0 1/2"

GRAFF ARCHITECTURE 1358 RIDEAU FERRY ROAD PERTH, ONTARIO K7H 3C7 Tel: (613)-900-1963

T/O WALL 12’ - 2"

KEYPLAN

GROUND LEVEL 4’ - 0"

2 A1.60

SOUTH DEMO ELEVATION 3/16" = 1’-0"

SEAL

TOP OF ROOF 18’ - 0 1/2"

T/O WALL 12’ - 2"

DUFF COTTAGE

126 MILL BAY LANE MABERLY, ON K0H 2A0 GROUND LEVEL 4’ - 0"

DEMO ELEVATIONS DRAWN: GJG PLOT DATE: 9/13/2023 2:02:07 AM

BASEMENT -4’ - 6 1/2"

1 A1.60

NORTH DEMO ELEVATION 3/16" = 1’-0"

A1.60

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23014P01

ISSUED FOR

1 2

2023-08-16 2023-09-12

PERMIT DRAFT PERMIT SUBMISSION

IMPERIAL THIS DRAWING IS COPYRIGHTED AND MUST NOT BE USED, REPRODUCED, OR REVISED WITHOUT WRITTEN PERMISSION.

N-W VIEW

A2.00

DIMENSIONS ARE IN FEET & INCHES UNLESS OTHERWISE NOTED. VERIFY DIMENSIONS. DO NOT SCALE THIS DRAWING. REPORT INCONSISTENCIES AND OMISSIONS TO THE CONSULTANT FOR CLARIFICATION BEFORE COMMENCING WITH THE WORK. DEVIATIONS FROM THE CONTRACT DOCUMENTS WITHOUT WRITTEN APPROVAL FROM THE CONSULTANT ARE SUBJECT TO CORRECTION AT THE CONTRACTOR’S EXPENSE.

ARCHITECT & PRIME CONSULTANT GRAFF ARCHITECTURE 1358 RIDEAU FERRY ROAD PERTH, ONTARIO K7H 3C7 Tel: (613)-900-1963

KEYPLAN

S-E VIEW

A2.00

SEAL

DUFF COTTAGE

126 MILL BAY LANE MABERLY, ON K0H 2A0

3D VIEWS DRAWN: GJG PLOT DATE: 9/13/2023 2:02:41 AM

5 A2.00

S-W VIEW

A2.00

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ISSUED FOR

1 2

LOW LYING SEPTIC LINE

2023-08-16 2023-09-12

PERMIT DRAFT PERMIT SUBMISSION

FOUNDATION WALL TO 6" ABOVE GRADE

IMPERIAL

THIS DRAWING IS COPYRIGHTED AND MUST NOT BE USED, REPRODUCED, OR REVISED WITHOUT WRITTEN PERMISSION.

10’ - 9 7/8"

DIMENSIONS ARE IN FEET & INCHES UNLESS OTHERWISE NOTED. VERIFY DIMENSIONS. DO NOT SCALE THIS DRAWING.

2’ - 0"

6 7

ARCHITECT & PRIME CONSULTANT

FOUNDATION WALL TO 6" ABOVE GRADE

1’ - 6"

3’ - 6"

GRAFF ARCHITECTURE 1358 RIDEAU FERRY ROAD PERTH, ONTARIO K7H 3C7 Tel: (613)-900-1963

5’ - 1 7/8"

9’ - 5 7/8"

2’ - 0"

20’ - 10"

OPEN GRAVEL (CRAWL SPACE)

23’ - 6"

KEYPLAN

SEAL OPEN GRAVEL (CRAWL SPACE)

2’ - 0"

DUFF COTTAGE

126 MILL BAY LANE MABERLY, ON K0H 2A0

DESIGN FOUNDATION DRAWN: GJG PLOT DATE: 9/13/2023 2:02:47 AM

1 A2.01

FOUNDATION PLAN 3/8" = 1’-0"

A2.01

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23014P01

A1.60

A4.00

ISSUED FOR

1 2

2023-08-16 2023-09-12

PERMIT DRAFT PERMIT SUBMISSION

IMPERIAL

SCREENED PORCH

THIS DRAWING IS COPYRIGHTED AND MUST NOT BE USED, REPRODUCED, OR REVISED WITHOUT WRITTEN PERMISSION.

100

W1 ATTIC HATCH

B-1

A-1

DEVIATIONS FROM THE CONTRACT DOCUMENTS WITHOUT WRITTEN APPROVAL FROM THE CONSULTANT ARE SUBJECT TO CORRECTION AT THE CONTRACTOR’S EXPENSE. L1

EQ 8’ - 0"

10’ - 0"

BEDROOM

103

105

ARCHITECT & PRIME CONSULTANT GRAFF ARCHITECTURE 1358 RIDEAU FERRY ROAD PERTH, ONTARIO K7H 3C7 Tel: (613)-900-1963

ELECTRIC BASEBOARD BELOW WINDOW

BEDROOM

10’ - 4"

107 12’ - 4 1/2"

15’ - 11"

STUD-TO-STUD

B-1

KEYPLAN

3 A1.60 A4.00

A4.00 A1.60

W1 FL1

EFL1

NEW SHOWER

Existing Shower to be removed

3’ - 7"

101

STUD-TO-STUD

22’ - 8"

D107

LIVING ROOM

L1 6 6’ - 7 7/8" STUD-TO-STUD

D106

D108

BEDROOM

ENTRY W/C W/C EXISTING PANEL

106

8’ - 2"

102 5

STUD-TO-STUD

9’ - 11"

108

SEAL

104 10’ - 4 3/8"

5’ - 0"

ELECTRIC BASEBOARD BELOW WINDOW

36"

13’ - 7"

5’ - 0"

10’ - 0"

STUD-TO-STUD

DUFF COTTAGE A-1 W1

126 MILL BAY LANE MABERLY, ON K0H 2A0

DESIGN GROUND FLOOR PLAN DRAWN: GJG PLOT DATE: 9/13/2023 2:02:05 AM 2

A1.60

A4.00

1 A2.02

GROUND LEVEL DESIGN PLAN 3/8" = 1’-0"

A2.02

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ISSUED FOR

1 2

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PERMIT DRAFT PERMIT SUBMISSION

EXISTING ROOF

IMPERIAL THIS DRAWING IS COPYRIGHTED AND MUST NOT BE USED, REPRODUCED, OR REVISED WITHOUT WRITTEN PERMISSION. DIMENSIONS ARE IN FEET & INCHES UNLESS OTHERWISE NOTED. VERIFY DIMENSIONS. DO NOT SCALE THIS DRAWING. 1’ - 6"

ARCHITECT & PRIME CONSULTANT GRAFF ARCHITECTURE 1358 RIDEAU FERRY ROAD PERTH, ONTARIO K7H 3C7 Tel: (613)-900-1963

ROOF SLOPE TO MATCH EXISTING. CONTRACTOR TO CONFIRM EXISTING ROOF SLOPE

KEYPLAN

1’ - 6"

SEAL 24" O.C.

1’ - 6"

DUFF COTTAGE

126 MILL BAY LANE MABERLY, ON K0H 2A0

DESIGN ROOF PLAN DRAWN: GJG PLOT DATE: 9/13/2023 2:02:51 AM

1 A2.03

DESIGN ROOF PLAN 3/8" = 1’-0"

A2.03

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NEW ROOF PROFILE TO MATCH EXISTING

TOP OF ROOF 18’ - 0 1/2"

T/O WALL 12’ - 2"

ISSUED FOR

1 2 GROUND LEVEL 4’ - 0"

4 A4.00

2023-08-16 2023-09-12

PERMIT DRAFT PERMIT SUBMISSION

GROUND LEVEL 4’ - 0"

WEST DESIGN ELEVATION

3/16" = 1’-0"

A4.00

EAST DESIGN ELEVATION IMPERIAL

3/16" = 1’-0"

ARCHITECT & PRIME CONSULTANT TOP OF ROOF 18’ - 0 1/2"

GRAFF ARCHITECTURE 1358 RIDEAU FERRY ROAD PERTH, ONTARIO K7H 3C7 Tel: (613)-900-1963

EXTERIOR FINISHES NOTES 1

NEW EXTERIOR SIDING, MATERIAL T.B.D.

NEW EXTERIOR SIDING, (FUTURE DATE) MATERIAL T.B.D.

NEW CONCRETE PARGING

NEW PRE-FINISHED METAL FASCIA

NEW PRE-FINISHED METAL GUTTER

T/O WALL 12’ - 2"

KEYPLAN

A-1 GROUND LEVEL 4’ - 0"

2 A4.00

SOUTH DESIGN ELEVATION 3/16" = 1’-0"

SEAL

TOP OF ROOF 18’ - 0 1/2"

T/O WALL 12’ - 2"

A-1

DUFF COTTAGE

126 MILL BAY LANE MABERLY, ON K0H 2A0 GROUND LEVEL 4’ - 0"

DESIGN ELEVATIONS DRAWN: GJG PLOT DATE: 9/13/2023 2:02:54 AM

BASEMENT -4’ - 6 1/2"

1 A4.00

NORTH DESIGN ELEVATION 3/16" = 1’-0"

A4.00

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NTE N

613-376-3027

Development Services 4432 George St, Box 100 Sydenham ON, KOH2T0 Ext 2226 . b uIld|ng@southfrontenac.net

Comments. _

Location_ '

Minor Variance

Type of Application or Proposal:

No objections, the proposed addition will not encroach in any parts of the existing sewage system. A Review of Performance Level of the existing sewage system will be required prior to issuance of the building permit for the proposed addition.

126 MillBay Lane Township of South Frontenac (Bedford)

Duff, Barry & Debbie

PL—ZNA—2023—0125

Secretary—Treasurer, Committee of Adjustment Township of South Frontenac 4432 George St, Box 100 Sydenham, ON KOH2T0

A’°""°a”°" Number:

To:

COMMENTS SEWAGE SYSTEM REVIEW

Applicant Name(s):

\‘V'\

r’
I h L._ SO UTH

December 4, 2023 23-SFR-MVA-0050 (Bedford) Township of South Frontenac Committee of Adjustment PO Box 100 4432 George Street Sydenham, ON K0H 2T0

Attention:

Noah Perron

Subject:

Duff, Barry & Debbie; Application for Minor Variance, PL-ZNA-2023-0125, 126 Mill Bay, Lot 34, Concession 7; Geographic Township of Bedford, Now the Township of South Frontenac; Roll Number: 1029 0300 2093 3600 0000 ———————————————————————————————————–Dear Mr. Perron, The Rideau Valley Conservation Authority (RVCA) has reviewed the subject applications within the context of:

Section 3.1 Natural Hazards of the Provincial Policy Statement under Section 3 of the Planning Act;
The Rideau Valley Conservation Authority (“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 Proposal The RVCA understands this application is seeking relief from the Township’s Zoning By-law to allow for lot coverage more than the 5% maximum permitted in the Limited Service Residential Waterfront Zone (RLSW) to allow for the construction of an 11’ x 24’ addition. The Property The subject property is an irregularly shaped, undersized lot indicated as being 2185 m2 (0.54 acre). The property is developed with a dwelling, attached decks, a screened porch, and an

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outhouse. The dimensions of the existing deck and screened porch were not included in the application. Mature trees are present throughout the property and along the shoreline. From the review of the desktop mapping the following natural hazards or natural heritage features are indicated: -Our office has determined the 1:100 year flood level on Bobs Lake to be 163.07 metres above sea level -Bobs 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 of steep slopes, marine clays, organic soils, or wetland areas. Review Comments Provincial Policy Statement Concerning section 3.1 of the PPS our office has no concerns concerning the 1:100-year flood level or slope hazard given the location of the proposed addition. Ontario Regulation 174/06 Our office regulates the shoreline of Bobs Lake. Any development proposed along the shoreline of Bobs Lake and 15 m inland (including, but not limited to, grading, site alteration, dock installation, or erosion protection works) requires prior 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. The proposed addition is located outside the portion of the property regulated by our office and will not require permission from our office under the aforementioned regulation. Source Water Protection Most of RVCA’s watershed has been identified as a highly vulnerable aquifer as s indicated in the Mississippi-Rideau Source Water Protection Plan. These are aquifers that are vulnerable to surface contaminants due to thin or absent soils overlying bedrock that may be fractured. Where these conditions exist, it may be possible for contaminants to enter drinking groundwater supplies. For this reason, care should be taken to avoid land 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 properly maintained, • avoiding the use of pesticides, herbicides, and fertilizers

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Discussion The proposed addition will result in increases in impervious surfaces which have the potential to increase runoff and erosion. Consideration should be given to how to effectively manage any runoff on-site to prevent shoreline erosion, this may include a combination of low-impact development (LID) techniques to promote adsorption and infiltration of runoff and increases in the amount of vegetation cover. If desired, RVCA’s shoreline naturalization program can assist with shoreline planting, please visit https://www.rvca.ca/stewardship-grants/shorelinenaturalization/shoreline-naturalization-program for more information. 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 in any decision:

Sediment and erosion controls (such as silt fencing & straw bales) should be installed on the downslope side of the construction area and maintained in place until vegetation has been reestablished.
All roof leaders should be directed to the rear and side of proposed structures, to an area of appropriate soil depth, and away from services to promote maximum infiltration of stormwater runoff and lessen any erosion from concentrated runoff. Rain gardens, infiltration trenches or French drains should be considered to promote infiltration of surface water runoff. -For any work undertaken along the shoreline of Bobs Lake and 15 m inland, a permit will 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 to 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 –Barry & Debbie Duff, owner cc –Cameron McNutt, agent

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Page 3 of 3

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: December 14, 2023 Subject:

Minor Variance Application (S. 45(1) of Planning Act) PL-ZNA-2023-0125, Duff, 126 Mill Bay Lane, Bedford District

Summary This report recommends that the Committee of Adjustment grant approval of this application for zoning relief for a seasonal 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 Official Plan Designation: Rural Zoning: Limited Service Residential – Waterfront (RLSW) Zoning Relief Requested Section 10.3.1 – to permit an increase in lot coverage to 8.2% for the principal building, whereas the Zoning By-law established a maximum lot coverage of 5%. Related Applications The lands are not subject to any additional applications under the Planning Act.

Discussion Property Description The subject property is an undersized lot of record with 0.54Ac (2,185sqm) of area, approximately 42m of frontage on Bob’s Lake and 25m of frontage on Mill Bay Lane. The property contains an existing 1418sqft (132sqm) seasonal dwelling with attached covered porch, 140sqft (13sqm) deck/walkway and 86sqft (8sqm) ramp, and an outhouse. The seasonal dwelling is setback approximately 47m from the highwater mark of Bob’s Lake, with the sewage system being setback 34m. The area surrounding the seasonal dwelling is cleared of trees, but the remainder of the property is well vegetated, including at the shoreline of Bob’s Lake. The developed portion of the property is mostly flat, before sloping downwards www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - PL-ZNA-2023-0125, Duff, 126 Mill Bay Lane, Bedford District

subtly towards the shoreline. The surrounding area is characterized by similar limited service residential development. Summary of Proposal The minor variance application, as it was submitted, described the seasonal dwelling as being 864sqft (80sqm) in area. Following discussion with the conservation authority and observations made on site, it was determined that seasonal dwelling was larger. For reference, the application did not account for the area of the covered porch, or the attached deck/walkway and attached ramp. All three of these structures would count towards the lot coverage of the seasonal dwelling. As such, Township Planning staff amended the area of the dwelling to include the covered porch and attached deck/walkway and attached ramp. The amended area is 1644sqft (153sqm), being a lot coverage value of 7.0%. The proposal seeks relief from Zoning By-law No. 2003-75 to permit an increase in lot coverage to accommodate a proposed addition to the seasonal dwelling. The applicant is proposing to construct a 264sqft (24.5sqm) addition to the 1644sqft (153sqm) seasonal dwelling. The proposed addition would increase overall lot coverage of the seasonal dwelling from 7.0% to 8.2%. With the exception of lot coverage, the seasonal dwelling would comply with all other requirements of the Zoning By-law.

Department and Agency Comments Rideau Valley Conservation Authority submitted their comments in a letter dated December 4, 2023. RVCA staff cited no objection to the approval of the application. Further, RVCA staff recommend proper sediment and erosion control and considerations for roof runoff be incorporated into construction. Finally, RVCA staff acknowledge that the proposed development is outside of the area regulated by O. Reg 174/06. As such, an RVCA permit would not be required to permit the proposed development. Building Services submitted their comments in a letter dates December 1, 2023. Building Services cited no objection to the approval of the application. Staff noted that the proposed addition would not encroach within the existing sewage system. Additionally, Building Services noted that a review of the performance level of the existing sewage system would be required prior to the issuance of a building permit for the proposed addition.

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

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Township of South Frontenac Staff Report - PL-ZNA-2023-0125, Duff, 126 Mill Bay Lane, Bedford District

The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. It is the opinion of Planning staff that the proposal meets the four tests as explained below. Does the variance maintain the general intent and purpose of the Official Plan? The variance would facilitate the construction of an addition to an existing seasonal dwelling on lands designated Rural on Schedule A of the Township Official Plan. The proposed addition to the seasonal dwelling is a permitted use within the Rural land use designation. As such, it is the opinion of Township Planning Staff that the proposed variance maintains the general intent and purpose of the Official Plan, specifically the policies related to rural residential development. Does the variance maintain the general intent and purpose of the Zoning By-law? A seasonal dwelling is a permitted use within the RLSW Zone. The seasonal dwelling and the proposed addition will comply with all requirements of the Zoning By-law except maximum lot coverage. The RLSW zone permits a maximum of 5% lot coverage for the principal building. The maximum lot coverage value is intended to control the scale and density of development, avoid an overdeveloped appearance of a lot and shoreline, ensure adequate landscaped space, and to minimize site disturbance and vegetation removal. The existing seasonal dwelling already exceeds maximum lot coverage, being approximately 7.0%. The proposed addition would further increase lot coverage to approximately 8.2%. This scale and density of development is not out of character for the neighbourhood and would not conflict with surrounding properties. Further, the proposed addition is of a modest size and would only slightly increase lot coverage by 1.2%. The existing seasonal dwelling is setback more than 30m from the highwater mark of Bob’s Lake. Therefore, no vegetation removal or site alteration within 30m of Bob’s lake would be required as part of the proposed development. Finally, the developed portion of the subject property will be well screened from Bob’s Lake and Mill Bay Lane by existing vegetation. For these reasons, Township Planning staff are of the opinion that the proposed zoning relief to permit a lot coverage value of 8.2% is appropriate. The proposed variance maintains the general intent and purpose of the Zooning By-law. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The requested variance is desirable for the appropriate use of the land. The modest increase in lot coverage would permit additional living space in the seasonal dwelling, while having minimal impact on the surrounding area. Additionally, the location of the proposed addition

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

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Township of South Frontenac Staff Report - PL-ZNA-2023-0125, Duff, 126 Mill Bay Lane, Bedford District

would not result in further encroachment towards the lake and would minimize the amount of site alteration and tree removal required. 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. The requested variance is also desirable for the appropriate use of the land. It is anticipated that there will be no negative impacts on surrounding properties and on the lake as a result of the proposed addition.

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

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2023-0125 for 126 Mill Bay Lane, subject to the following conditions.

The minor variance is for a 264sqft (24.5sqm) addition to a seasonal dwelling. Lot coverage for the principal building is permitted to be 8.2%. The location of the addition on the subject property must be consistent with the application sketch submitted by the applicant, attached to the Decision as Schedule “A”.
The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated. b. Roof runoff will be directed away from the shoreline of Bob’s Lake and neighbouring buildings and structures and discharged to natural or constructed leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads to reduce the velocity of runoff. c. A natural vegetated buffer must be maintained in its natural state within 30 metres of the shoreline. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - PL-ZNA-2023-0125, Duff, 126 Mill Bay Lane, Bedford District

A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac.
Minor variance PL-ZNA-2023-0125 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Senior Planner

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11/2/2023

P. 877-GO-2-LOGS P. 705-738-5131 F. 705-738-5283

E. operations@confederationloghomes.com www.facebook.com/1867CLTF W. www.confederationloghomes.com

P.O. BOX 9 BOBCAYGEON,ON K0M 1A0

WARREN & TRACEY GOLDIE RESIDENCE

J#23-124-04

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11/2/2023

P. 877-GO-2-LOGS P. 705-738-5131 F. 705-738-5283

E. operations@confederationloghomes.com www.facebook.com/1867CLTF W. www.confederationloghomes.com

P.O. BOX 9 BOBCAYGEON,ON K0M 1A0

WARREN & TRACEY GOLDIE RESIDENCE

J#23-124-04

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11/2/2023

P. 877-GO-2-LOGS P. 705-738-5131 F. 705-738-5283

E. operations@confederationloghomes.com www.facebook.com/1867CLTF W. www.confederationloghomes.com

P.O. BOX 9 BOBCAYGEON,ON K0M 1A0

WARREN & TRACEY GOLDIE RESIDENCE

J#23-124-04

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E. operations@confederationloghomes.com www.facebook.com/1867CLTF W. www.confederationloghomes.com

P.O. BOX 9 BOBCAYGEON,ON K0M 1A0

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66’-0" 12’-4 1/2"

29’-1"

14’-6 1/2"

10’-0"

TF ENTRY 13’-0" X 6’-0"

MU-309 8

ENTRY

MU-301 30

MU-309 0

SC-2 447

11’-5" X 8’-3"

W/C

W.I.C

8’-0" X 3’-0"

5’-4" X 8’-7"

48 "

AW-722 4

ENSUITE 10’-3" X 8’-11"

LAUNDRY

HALL

12’-5" X 7’-11"

7’-5" X 10’-6"

PANTRY

MUDRM.

8’-2" X 11’-1"

5’-6" X 8’-8"

30 "

28 "

FU LL GL ASS-3 882

13’-9 1/2"

MU-307 8

5’-0"

3-0 FU LL GL ASS

COVERED PORCH 10’-0" X 13’-9"

36 "

LIVING

KITCHEN

DINING

15’-6" X 16’-0"

24’-6" X 17’-1"

13’-9" X 19’-5"

10’-9" X 17’-3"

AW-724 4

PD-2 -9 580

DC-486 4

PRIMARY BDRM

DC-486 4

SC-2 447

AW-722 4

52’-8"

CATHEDRAL CEILING

18’-2 1/2" 52’-6"

CATHEDRAL CEILING

DC-486 4

48 "

CATHEDRAL CEILING

2’-6"

BATH 7’-0" X 5’-3"

DC-484 8 SC-2 447

29’-6"

36 "

42 “X60 "

PD-3 -1 068 0

PD-4 -1 399 5

SC-3 072

SCREEN

SC-3 072

DECK 16’-0” X 11’-10"

SCREENED PORCH SCREEN

DECK 50’-2" X 15’-9"

25’-4"

24’-8"

SCREEN

16’-0"

66’-0"

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MAIN FLOOR PLAN LIVING AREA

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15’-6"

15’-8"

23’-7" X 15’-0" CATHEDRAL CEILING SCREEN SYSTEM IN PORCH NOT IN CLTF CO NTRACT

10’-0" VERTICAL RISE MAX BETWEEN STAIR LANDINGS (IF MORE THAN 10’-0" A LANDING INTERMITTENTLY IS REQUIRED) SCREEN

SCREEN

1955 SQ.FT

P. 877-GO-2-LOGS P. 705-738-5131 F. 705-738-5283

E. operations@confederationloghomes.com www.facebook.com/1867CLTF W. www.confederationloghomes.com

P.O. BOX 9 BOBCAYGEON,ON K0M 1A0

WARREN & TRACEY GOLDIE RESIDENCE

J#23-124-04

UTILITY 10’-5" X 11’-8"

60 "

REC.RM.

UTILITY

3-0 FU LL GL ASS

20’-0" X 13’-11"

42 “X72 "

7’-11” X 6’-9"

BATH

32 "

6’-0" X 13’-4"

LOWER MUDRM.

REF.

8’-2" X 11’-5"

FRZ.

32 "

SPEAK EASY/STRG. 9’-11" X 6’-0"

36 "

32 "

60 "

FAMILY 27’-8" X 13’-4"

TC-9 060

32 "

30 "

STEP-IN

BEDRM #2

6’-5" X 4’-2"

15’-0" X 11’-7"

BEDRM #3 13’-6" X 13’-7"

W.I.C 30 "

OPTIONAL SPEAK EASY LOCATION

6’-5" X 7’-0"

PD-2 -9 586

TC-9 048

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LOWER FLOOR PLAN

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P.O. BOX 9 BOBCAYGEON,ON K0M 1A0

WARREN & TRACEY GOLDIE RESIDENCE

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T/O SUBFLR. - 1 0'

ESTABLISHE -7’-5 7

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E. operations@confederationloghomes.com www.facebook.com/1867CLTF W. www.confederationloghomes.com

P.O. BOX 9 BOBCAYGEON,ON K0M 1A0

WARREN & TRACEY GOLDIE RESIDENCE

J#23-124-04

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P. 877-GO-2-LOGS P. 705-738-5131 F. 705-738-5283

E. operations@confederationloghomes.com www.facebook.com/1867CLTF W. www.confederationloghomes.com

P.O. BOX 9 BOBCAYGEON,ON K0M 1A0

WARREN & TRACEY GOLDIE RESIDENCE

J#23-124-04

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P. 877-GO-2-LOGS P. 705-738-5131 F. 705-738-5283

E. operations@confederationloghomes.com www.facebook.com/1867CLTF W. www.confederationloghomes.com

P.O. BOX 9 BOBCAYGEON,ON K0M 1A0

WARREN & TRACEY GOLDIE RESIDENCE

J#23-124-04

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P. 877-GO-2-LOGS P. 705-738-5131 F. 705-738-5283

E. operations@confederationloghomes.com www.facebook.com/1867CLTF W. www.confederationloghomes.com

P.O. BOX 9 BOBCAYGEON,ON K0M 1A0

WARREN & TRACEY GOLDIE RESIDENCE

J#23-124-04

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P. 877-GO-2-LOGS P. 705-738-5131 F. 705-738-5283

E. operations@confederationloghomes.com www.facebook.com/1867CLTF W. www.confederationloghomes.com

P.O. BOX 9 BOBCAYGEON,ON K0M 1A0

WARREN & TRACEY GOLDIE RESIDENCE

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November 28, 2023

File: MV/FRS/278/2023

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

Application for Permission PL-ZNA-2023-0126 (Goldie) Pt Lot 31, Concession 10; 1121a Beach Lane Storrington District, Township of South Frontenac Waterbody: Cranberry Lake

The Rideau Waterway Development Review Team (RWDRT), made up of staff from Cataraqui Conservation and Parks Canada, has reviewed the above-noted application for permission, and provide the following comments for the Committee of Adjustment’s consideration. The site was visited by Cataraqui Conservation staff on June 15, 2023. Proposal The proposal involves a request for permission to enlarge an existing legal nonconforming use and structure. Specifically, the applicant is seeking to tear down and rebuild the existing residential dwelling mostly within the same footprint, with a larger ground floor area. The permission is requested to: •

Reduce the required setback from the highwater mark from 30 metres, as required by Section 5.8.2.a) of the South Frontenac Zoning By-law, to 8.7 metres to permit the construction of the dwelling expansion.

Site Description The property is located on the north shore of Cranberry Lake. The topography of the property can be described as having a very high bedrock bank along the shoreline of the lake, then continuing to rise slowly toward the north end of the lot. The property is designated ‘Rural’ in the Official Plan and is zoned ‘Limited Service Residential Waterfront’ (RLSW) in the implementing Zoning By-law. Discussion The main interests of the RWDRT in this application are the avoidance of natural hazards associated with the shoreline of Cranberry Lake (e.g. flooding and erosion) and the conservation of the cultural and natural heritage and scenic values of the Rideau Canal National

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Historic Site and UNESCO World Heritage Site. Natural Hazards Flooding: The maximum recorded water level for Cranberry Lake is 98.95 metres geodetic. For Cranberry Lake, the highest recorded water level is used in lieu of an engineered flood plain. Cataraqui Conservation’s Guidelines for Implementing Ontario Regulation 148/06 (see description below) requires that all development be set back a minimum of 6 metres from the regulatory floodplain of a waterbody. Based upon elevation mapping data and site observations, the proposed development will be located outside of the setback from the regulatory flood plain. Erosion: Section 5.8.2.b) of the Zoning by-law requires that no building or structure or septic tank installation shall be located within 15 metres horizontal of the top of bank of any embankment, the slope of which is greater than 30% from horizontal. The applicant has completed a Slope Stability Assessment (Concord Engineering Inc., July 7, 2023) which states that the extent of the erosion hazard can be taken as a sum of an allowance for toe erosion (0.3 metres), a stable slope allowance of 1(h):1(v), plus 0 metres for the access allowance, since the proposal to maintain the current setback as the existing dwelling “will not change access to the property or slope. Maintenance of the slope will not be necessary for stability purposes.” The report also recommends the following mitigation measures:

Sound excavation, grading, and drainage practice should be observed at all stages of construction, and appropriate measures implemented to ensure that subgrade and excavation side-slope integrity are preserved.
If sloping bedrock is encountered footings should be pinned using 16” lengths of 15M bar embedded 10” into the underlying bedrock – the frequency of dowels will depend on site conditions.
During construction, control measures such as tarping any stockpiled excavation spoil or silt fencing set close to the crest of the slope are recommended. The performance of control measures should be monitored, and additional efforts taken as warranted. Disturbed areas should be restored and seeded or replanted to promote re-growth, as soon as possible following completion of the work.
Eaves trough is recommended to preserve the grade adjacent to the foundations. Discharge from eave trough downspouts should be directed away from the slope. Due to the stable slope, Cataraqui Conservation’s Guidelines for Implementing O. Reg. 148/06 typically require all new development to be set back at least 4-6 metres from the top of bank. The purpose of this setback is to ensure that regular maintenance or repair of buildings and structures, or bank stabilization and shoreline protection works, can occur, and that emergency personnel have the ability to access shoreline areas. The topography of the slope varies along the shoreline. Portions of the eastern side of the existing dwelling are situated on the slope face itself, and portions of the dwelling on the western side meet the 4 metre top of bank setback. Access to the shoreline is already encumbered due to the existing stairs to the west and continuous slope to the east, and staff recognize that there is limited opportunity to move the dwelling further back from the shoreline, due to the location of the well and septic system to the north of the existing dwelling. Overall, provided the existing setback from the water is maintained, staff are satisfied that the proposed rebuild will be located outside the extent of the immediate erosion hazard, and will not aggravate the erosion hazard by further impeding access to the shoreline. The Slope Stability

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Assessment has provided a satisfactory assessment of the extent of the erosion hazard as it relates to the proposed development. Staff recommend that the recommendations numbered above be implemented through a development agreement registered on title as a condition of permission approval. Staff also recommend the maintenance and enhancement of a healthy buffer of native vegetation between all buildings/structures and the water, to help stabilize soils into the long-term. Heritage Values of the Rideau Canal The subject property is located on Cranberry Lake, part of the Rideau Canal National Historic Site and UNESCO World Heritage site. The Rideau Canal National Historic Site is valued in part for its historic, ecological and visual associations with shore lands and communities along the waterway which contribute to the unique historical environment of the canal [Parks Canada, Rideau Canal Commemorative Integrity Statement, 2000]. In addition, when the Rideau Canal was inscribed on the World Heritage List in 2007, the World Heritage Committee recognized a 30 metre buffer zone surrounding the inscribed property and recommended that consideration be given to strengthening the canal’s visual protection outside the buffer zone, in order to ensure that the visual values of the setting are protected alongside environmental values. In this sector of the Canal the buffer zone extends back from the high water mark of Cranberry Lake. Per the Operational Guidelines for the Implementation of the World Heritage Convention, effective management of a world heritage site goes beyond the property to include any buffer zone(s), as well as the broader setting. Ways this can be achieved are through limiting development within the 30 metre buffer zone, and by designing development to be unobtrusive, visually screened and integrated within the vegetation and topography. We encourage developing the property in a manner that complements the visual character of the landscape and minimizes visual impact on the protected heritage property. The use of building materials and colours that blend in with the surrounding landscape are encouraged. Earth tones and neutral colours are recommended for the finished exteriors. Reflective materials, such as galvanized and bare metals, particularly for roof coverings and support structures, are discouraged. In accordance with the PPS (2020), planning authorities shall strive to maintain, and where possible, enhance water quality through the review of development proposals. One way to achieve this and to protect natural heritage is through provision of an adequate riparian buffer or “ribbon-of-life”. A minimum buffer of 30 metres can provide a buffer of undisturbed soil and vegetation along the shoreline, which will help to filter runoff, prevent soil erosion, and provide wildlife habitat. Due to site constraints, the proposal maximizes the setback from the water and has been designed to complement the local landscape. For long term protection, we recommend preservation and, where possible, enhancement of the vegetative buffer between the proposed building and the water. This can be achieved through: • •

Limiting vegetation and soil mantle disturbance within 30 m of the water; Directing runoff from hardened surfaces (e.g. roofs, decking, patios) away from the water to a vegetated area to allow for maximum infiltration before entering the lake;

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•

Use of native, non-invasive species when landscaping and gardening on waterfront properties.

Over the last ten years, Parks Canada has been working closely with all 13 municipalities, three counties, two conservations authorities, the Province and First Nations along the Rideau Canal as part of a collaborative working group called the Rideau Corridor Landscape Strategy. One of the initiatives undertaken by this group is the Principles for Good Waterfront Development. The 10 Principles provide helpful guidance when undertaking new development/redevelopment along the historic site. Recommendation The RWDRT has no objection to the approval of application PL-ZNA-2023-0126 based on our review of natural hazards and cultural and natural heritage protection policies, provided the following: •

That the above construction recommendations numbered 1-4 be implemented through a development agreement to be registered on title.

We also recommend implementation of the above-noted best practice measures (in bold text) and advise the applicant that a CRCA permit will be required at the building permit stage. Regulatory Requirements Please note that portions of the subject lands are subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, which is administered by the CRCA. The purpose of the regulation is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected by natural hazards, such as flooding and erosion, and that the changes do not put other properties at greater risk from these hazards. For this property, any development (buildings and structures) and site alteration (excavation, grading, placement of fill) within 15 metres of the floodplain of Cranberry Lake, within 15 metres of the top of bank of the shoreline is subject to O. Reg. 148/06. Therefore, a CRCA permit will be required for the reconstruction of the dwelling. The landowner(s) should contact CRCA’s office at the building permit stage for more information about permitting requirements under O. Reg. 148/06. The Parks Canada Rideau Canal Office is an approval authority for all in-water and shoreline works along the Rideau Canal. If the landowner wishes to carry out any in-water and shoreline works, the Rideau Canal Office must be contacted. Written approval must be obtained prior to the commencement of construction. Work must adhere to the Policies for In-water and Shoreline Works and Related Activities. The Parks Canada/Rideau Canal permitting staff can be reached at on-rc-cr.permits-permis@pc.gc.ca. Please inform this office of any decision made by the Committee with regard to this application. If you have any questions, please contact the undersigned at 613-546-4228 ext. 239, or by email at jtreash@crca.ca. Yours truly, .

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Janelle Treash Resource Planner Cataraqui Conservation cc:

Susan Millar, Planner, Ontario Waterways Unit, Parks Canada Applicant, via email

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To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: December 14, 2023 Subject:

Permission Application (S. 45(2) of the Planning Act), PL-ZNA2023-0126, Goldie, 1121A Beach Lane, Storrington District

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

Discussion Property Description The subject property is a lot of record measuring at 1.04Ha in area with approximately 100m of frontage on the north shore of Cranberry Lake. The subject property is developed with a 1606.2sqft (149.2sqm) single dwelling with 804sqft (74.7sqm) attached deck and a detached garage and bunkie. The existing dwelling is setback 8.7m from the highwater mark of Cranberry Lake. The topography of the property can be described as having a very high bedrock bank along the shoreline of the lake, then continuing to rise slowly towards the north end of the lot. The existing dwelling is setback 2m from the stable top of bank. With the www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act), PL-ZNA-2023-0126, Goldie, 1121A Beach Lane, Storrington District

exception of the developed area around the existing dwelling, the subject property is well vegetated. The bedrock slope just to the south of the existing dwelling features some vegetation but lacks mature deep-rooted trees due to shallow soil. The surrounding area is characterized by similar limited service residential and agricultural land uses. Summary of Proposal To request permission under section 45(2) of the Planning Act to enlarge the legal nonconforming use located within 30m of Cranberry Lake. The subject property is currently developed with 1606.2sqft (149.2sqm) one-storey dwelling with unfinished crawlspace, and 804sqft (74.7sqm) attached deck, setback 8.7m from the highwater mark of Cranberry Lake. The applicant is proposing to replace the existing structure with a new one-storey dwelling with a walkout basement. The proposed dwelling will be built mostly within the footprint of the existing, increasing from 223.9sqm to 358sqm. The proposed structure would facilitate an increase in gross floor area to 5047sqft (469sqm) and a decrease in height from 25.5ft (7.8m) to 20.5m (6.25m). The proposed dwelling would maintain the same setback from the highwater mark of Cranberry Lake as the existing (8.7m). Additionally, the proposed structure would not comply with the minimum 15m setback from the top of bank and will maintain the same setback as the existing dwelling (2m).

Supporting Documentation A slope and erosion assessment (Concord Engineering, July 7, 2023) was submitted in support of the application. The report concluded that the proposed development would be founded on bedrock. For this reason, Concord Engineering do not anticipate any problems with erosion or global slope stability from building or retaining works bearing on bedrock. Additionally, it is stated that the proposed development may be safely regulated by the site conditions, corresponding to the current location of the dwelling. Finally, Concord Engineering included a series of recommendation to be implemented during construction.

Department and Agency Comments Rideau Waterway Development Review Team submitted their comments in a letter dated November 28,2023. The review team cited no objection to the approval of the application. Additionally, the review team provided comments on the slope and erosion assessment submitted in support of the application, and concluded it was satisfactory. Additionally, it was also recommended that the recommendations outlined in the submitted assessment be implemented through a development agreement registered on the title of the property. Finally, it was acknowledged that the proposed development is within the area regulated by O. Reg 148/06. Therefore, a CRCA permit will be required to permit the proposed development. Building Services conducted an informal review of the existing sewage system to confirm its capacity to accommodate the proposed development. The existing system had recently www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act), PL-ZNA-2023-0126, Goldie, 1121A Beach Lane, Storrington District

been replaced to accommodate a different development proposal on the subject property. As such, staff determined that the existing system was adequate.

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

Planning Analysis The subject property is zoned RLSW. The proposed dwelling is a permitted use within the RLSW Zone. Section 5.10.2 of the Zoning By-law states that existing buildings with less than the minimum 30m setback from the highwater mark of a waterbody may be repaired, renovated, or strengthened to a safe condition provided there is no enlargement of gross floor area or increase in height. This provision prohibits the enlargement of existing buildings, without seeking permission from the Committee of Adjustment. The existing seasonal dwelling is a legal non-conforming use as it was constructed prior to the current Zoning By-law. The existing dwelling has a ground floor area and a gross floor area of 2410.2sqft (223.9sqm) and is setback 8.7m from the highwater mark of Cranberry Lake, and 2m from the stable top of bank. The proposed enlargement would involve the removal of the existing dwelling, in favour of a new dwelling. The proposed dwelling would be constructed mostly within the footprint of the existing but will increase ground floor area to 3278sqft (304.5sqm). The proposed enlargement would facilitate an increase in gross floor area to 5277.1sqft (490.3sqm), and a decrease in height to 20.5ft (6.25m). The proposed dwelling will maintain the same highwater mark setback (8.7m) and top of bank setback (2m) as the existing dwelling. For reference, the proposed dwelling is to be re-oriented. Therefore, the front corner would maintain the existing setback, with the remainder of the dwelling improving on the existing. Proposals to enlarge a legal non-conforming use are not required to demonstrate conformity with Official Plan policy or compliance with Zoning By-law requirements. However, planning staff are permitted to consider potential impacts, as well as the desirability of the proposal for the appropriate development or use of the land. The proposed dwelling is to maintain the highwater mark setback as the existing dwelling (8.7m). As such, it is unlikely that the proposed dwelling would have a greater impact on the environmental quality of Cranberry Lake than the existing. Additionally, recommended runoff control measures and maintenance of a healthy shoreline buffer will minimize any potential negative impacts. It is also unlikely that the proposed development would negatively impact surrounding properties or the rural character of the area. This scale and density of development is not out of character for the neighbourhood. Further, the proposed dwelling will be decreasing in height and would likely be less visible from Cranberry Lake than the existing. The proposed enlargement is also www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act), PL-ZNA-2023-0126, Goldie, 1121A Beach Lane, Storrington District

desirable for the appropriate development of the land. The existing dwelling has deteriorated in quality with age. For example, the portion of the dwelling facing Cranberry Lake is supported by wooden stiles and concrete cinderblocks, and its exterior is significantly weathered. Therefore, the proposed dwelling provides an opportunity to replace the existing structure with a safer alternative. As such, Township Planning Staff interpret the proposed enlargement as an improvement over the existing conditions of the subject property. It is the opinion of Township Planning Staff that it is appropriate for the Committee of Adjustment to grant permission to enlarge the legal non-conforming use on the property, as described in this report.

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

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve application PL-ZNA-2023-0126 for 1121A Beach Lane, subject to the following conditions.

Permission is granted to enlarge the legal non-conforming dwelling on the subject property. The dwelling may be enlarged to a gross floor area of 5047sqft (469sqm) and a height of 20.5ft (6.25m), setback 8.7m from the highwater mark of Cranberry Lake. The footprint of the enlarged dwelling is also permitted to be 3850sqft (358sqm). The location and dimensions of the proposed dwelling must be consistent with the plot plans and drawing submitted by the applicant, that will be attached to the Decision as Schedule “A”.
The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated. b. Roof runoff will be directed away from the shoreline of Cranberry Lake and neighbouring buildings and structures and discharged to natural or constructed www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act), PL-ZNA-2023-0126, Goldie, 1121A Beach Lane, Storrington District

leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads to reduce the velocity of runoff. c. A natural vegetated buffer must be maintained in its natural state within 30 metres of the shoreline. d. The recommendations outlined in the “Slope and Erosion Assessment” (Concord Engineering, July 7, 2023) by implemented as follows: i. Sound excavation, grading, and drainage practice should be observed at all stages of construction, and appropriate measures implemented to ensure that subgrade and excavation side-slope integrity are preserved. ii. If sloping bedrock is encountered footings should be pinned using 16” lengths of 15M bar embedded 10” into the underlying bedrock – the frequency of dowels will depend on site conditions. iii. During construction, control measures such as tarping any stockpiled excavation spoil or silt fencing set close to the crest of the slope are recommended. The performance of control measures should be monitored, and additional efforts taken as warranted. Disturbed areas should be restored and seeded or replanted to promote re-growth, as soon as possible following completion of the work. iv. Eaves trough is recommended to preserve the grade adjacent to the foundations. Discharge from eave trough downspouts should be directed away from the slope. 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. Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Senior Planner

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

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To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: December 14, 2023 Subject:

Permission Application (S. 45(2) of the Planning Act), PL-ZNA2023-0127, Asanin, 1023 Koen Lane, Loughborough District

Background The following enlargement proposal was referred from Building Services after it was discovered that work had begun without receiving a building permit or the necessary planning approvals. Official Plan Designation: Rural Zoning: Limited Service Residential – Waterfront (RLSW) Zoning Relief Requested The applicant seeks permission under section 45(2) of the Planning Act to enlarge a legal non-complying dwelling on the property within 30 metres of the highwater mark of Loughborough Lake. Related Applications The lands are not subject to any additional applications under the Planning Act.

Discussion Property Description The subject property is a lot of record with approximately 21Ac of area, 150m of frontage on Koen Road and 230m of frontage on Loughborough Lake. Existing development consists of a 1291.7sqft (120sqm) two-storey dwelling and a detached storage barn. The existing www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act), PL-ZNA-2023-0127, Asanin, 1023 Koen Lane, Loughborough District

dwelling is setback 25m from the highwater mark of Loughborough Lake. Koen Lane runs along the southern boundary of the subject property, between the existing dwelling and shoreline, and provides access to several properties to the east. The topography of the subject property varies slightly, with the area around the existing dwelling and shoreline being mostly flat. Additionally, there is a gradual upward slope towards the northwestern corner of the subject property. The northwestern corner and the area around the existing dwelling are also characterized by mature tree and vegetation growth, with a cleared area extending from the southwest corner into the middle of the subject property. Finally, the surrounding area consists of similar rural residential and agricultural lands uses. Summary of Proposal To request permission under Section 45(2) of the Planning Act to enlarge the legal nonconforming use located within 30m of the highwater mark of Loughborough Lake. The applicant is proposing to enlarge the existing dwelling on the subject property, which has a gross floor area of 2583.3sqft (240sqm), height of 24ft (7.3m), setback 25m from Loughborough Lake. The proposed enlargement would involve enclosing a portion of the existing porch, adding an attached greenhouse to the western portion of the dwelling, and increasing the height of the dwelling’s roof. The enlarged structure would have a gross floor area of 2917.1sqft (271sqm) and a height of 25.25ft (7.7m) and will maintain the same setback as the existing dwelling (25m). The applicant is also proposing a garage addition to the north side of the dwelling. The garage addition would be setback more than 30m from the shoreline. As such, the addition does not require permission, but needs to be acknowledged as a part of the application.

Department and Agency Comments Cataraqui Conservation provided preliminary comments stating that the proposed development was outside of the area regulated by O. Reg 148/06. For this reason, they did not require formal circulation on the application. Building Services conducted a performance level review of the existing sewage system on the subject property. It was ultimately determined that the existing sewage system was no longer adequate to accommodate the proposed enlargement. As such, the applicant will be required to replace the existing sewage system prior to receiving a building permit for the proposed enlargement.

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

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

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Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act), PL-ZNA-2023-0127, Asanin, 1023 Koen Lane, Loughborough District

The subject property is zone Rural (RU). The dwelling is a permitted use within the RU Zone. Section 5.10.2 of the Zoning By-law states that existing buildings with less than the minimum 30m setback from the highwater mark of a waterbody may be repaired, renovated, or strengthened to a safe condition provided there is no enlargement of gross floor area or increase in height. This provision prohibits the enlargement of existing buildings, without seeking permission from the Committee of Adjustment. The existing seasonal dwelling is a legal non-conforming use as it was constructed prior to the current Zoning By-law. The existing two-storey dwelling occupies a footprint of 1291.7sqft (120sqm), with a gross floor area of 2583.3sqft (240sqm) and a height of 24ft (7.3m), setback 25m from Loughborough Lake. Through its powers under Section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the seasonal dwelling. The proposed enlargement would involve enclosing a portion of the existing porch, adding an attached greenhouse and increase the dwellings height. The proposed enclosure (108sqft; 10.1sqm) and greenhouse (225sqft; 21sqm) would facilitate an increase in ground floor area from 1291.7sqft (120sqm) to 1614.6sqft (151sqm) and gross floor area from 2583.3sqft (240sqm) to 2917.1sqft (271sqm). Additionally, height of the existing dwelling is to be increase slightly from 24ft (7.3m) to 25.25ft (7.7m). Finally, the proposed enlargement would not further encroach within 30m of Loughborough Lake and will maintain the same setback as the existing dwelling (25m). Proposals to enlarge a legal non-conforming use are not required to demonstrate conformity with Official Plan policy or compliance with Zoning By-law requirements. However, planning staff are permitted to consider potential impacts, as well as the desirability of the proposal for the appropriate development or use of the land. It is not anticipated that the enlargement would result in negative environmental impacts on Loughborough Lake when considering the 25m setback and the nature of the proposal. Further, recommended runoff controls and maintenance of a healthy shoreline buffer would minimize any potential impacts. The proposed enlargement is of a modest size and shouldn’t result in negative impacts on surrounding properties or alter the rural character of the area. The proposed enlargement is also desirable for the appropriate development of the land. The existing dwelling has deteriorated significantly in quality with age, with the exterior and roof being significantly weathered. Additionally, the existing dwelling has sat vacant for some time. Therefore, the proposed renovation and enlargement provide an opportunity to the revitalize the dwelling and make it livable once again. As such, Township Planning Staff interpret the proposal as appropriate and a general improvement over existing conditions. It is the opinion of Township Planning Staff that it is appropriate for the Committee of Adjustment to grant permission to enlarge the legal non-conforming use on the property, as described in this report. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - Permission Application (S. 45(2) of the Planning Act), PL-ZNA-2023-0127, Asanin, 1023 Koen Lane, Loughborough District

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

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve application PL-ZNA-2023-0127 for 1023 Koen Lane, subject to the following conditions.

Permission is granted to enlarge the legal non-conforming dwelling on the subject property. The dwelling may be enlarged to a gross floor area of 2917.1sqft (271sqm) and a height of 25.25ft (7.7m), setback 25m from the highwater mark of Loughborough Lake. The location and dimensions of the proposed enlargement must be consistent with the plot plans and drawings submitted by the applicant, that will be attached to the Decision as Schedule “A”.
The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated. b. Roof runoff will be directed away from the shoreline of Loughborough Lake and neighbouring buildings and structures 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. Maintenance of the existing vegetated buffer along the shoreline.
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 - Permission Application (S. 45(2) of the Planning Act), PL-ZNA-2023-0127, Asanin, 1023 Koen Lane, Loughborough District

Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP, MCIP, Senior Planner

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

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To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: December 14, 2023 Subject: Decisions on Delegated Consents

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

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

Discussion/Analysis a) PL-BDJ-2023-0079 (Tasneem) (ZanderPlan) - Loughborough This undisputed consent was granted provisional consent on November 13, 2023. The purpose of this consent application was for the creation of one waterfront residential lot, being 6.2 hectares in area, and having frontage on 14 Island Lake. The newly created parcel would be accessed via an extension of Stewart Lane. b) PL-BDJ-2023-0106 (Creasy) - Storrington This undisputed consent was granted provisional consent on November 13, 2023. The purpose of this consent application was for the creation of one rural residential lot from property municipally known as 4371 Duff Road, being 0.8 hectares in area, with 76 metres of frontage on Keir Road.

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

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Township of South Frontenac Staff Report - Decisions on Delegated Consents

c) PL-BDJ-2023-0118 (Schenkel) (Whiticar) - Bedford This undisputed consent was granted provisional consent on November 14, 2023. The purpose of this consent application was for one residential lot addition, being 0.13 hectares in area, from property municipally known as 1115 Lee Lane. d) PL-BDJ-2022-0056 (Bechard) - Bedford This undisputed consent was granted provisional consent on November 15, 2023. The purpose of this consent application was for the creation of one waterfront residential lot from property municipally known as 223 Sleapview Lane, being 3.4 hectares in area, with 103 metres of frontage on Sleapview Lane and 205 metres of frontage on Desert Lake. e) PL-BDJ-2023-0114 (Cumpson) - Storrington This undisputed consent was granted provisional consent on November 15, 2023. The purpose of this consent application was for one residential lot addition, being 0.19 acres in area, from property municipally known as 4403 Latimer Road. f) PL-BDJ-2023-0115 (Sanderson) - Portland This undisputed consent was granted provisional consent on November 30, 2023. The purpose of this consent application was for one new rural residential lot from property municipally known as 3786 McConnel Road, being 1.5 hectares in area. Attachments None. Report Prepared By: Kate Kaestner, Planning Clerk Report Approved By: Brad Wright, Director of Development Services

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