Committee Of Adjustment - 14 Mar 2024 - Agenda

Published March 14, 2024

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Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: March 14, 2024 Collection: Council Agendas Municipality: South Frontenac

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

7:00 PM, Thursday, March 14, 2024 Council Chambers/Virtual Via Zoom .

Call to Order

Resolution.

Adoption of Agenda

Resolution.

Electronic Meeting Information

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

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

Declaration of pecuniary interest

There are none.

Approval of Minutes – February 08, 2024

Resolution.

Consent Applications from a Previous Meetings: (if applicable)

New Consent Applications:

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

New Minor Variance / Permission Applications:

PL-ZNA-2024-0004 (Huehn & Kuske) (Stokes) - Loughborough District

4 - 64

65 - 72

73 107

Property Address: 38 Phoebe Lane Purpose & Effect of the Application: The application seeks zoning relief for the purpose of permitting a

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new single dwelling on the subject property. The existing 150sqm single storey cottage is to be replaced with a 202.4sqm two-storey dwelling with covered front porch and attached deck. The proposed dwelling requires zoning relief to permit a 15.6m setback from the highwater mark of Desert Lake, a 12.5m setback from the wetland feature to the west, a 2.5m setback from the right-of-way over Phoebe Lane, and a 6m setback from the top of bank.

PL-ZNA-2024-0008 (Larmon) (Ireland-Frasso & Larouche) Loughborough District

108 130

Property Address: 5407 Opinicon Road Purpose & Effect of the Application: The proposal is for a 1,015 square foot house and a sewage system. The house would be setback 25m from a wetland on the property, and 12.5m from the front lot line. Minor variances are being requested to allow the house to be setback less than the 30m from the wetland and less than 20m from the front lot line required by the Zoning By-law.

PL-ZNA-2024-0019 (Loureiro & Mason) - Bedford District

131 158

Property Address: 325 Spruce Lane Purpose & Effect of the Application: To request permission under Section 45(2) of the Planning Act to enlarge a legal non-conforming dwelling located within 30m of the highwater mark of Desert Lake. The existing 72sqm 1.5 storey dwelling is to be demolished and replaced with a 275sqm single storey dwelling. An area of approximately 170sqm of the proposed dwelling is to be located outside the 30m setback from Desert Lake. An existing 18.3sqm porch and 62sqm deck that were attached to the existing dwelling are to be remain and are to be attached to the proposed dwelling. The height of the proposed dwelling will not be increasing from the current dwelling height of 7m.

PL-ZNA-2024-0020 (Solenka & Cossa) - Bedford District

159 187

Property Address: 32 Dogwood Lane Purpose & Effect of the Application: To request permission under Section 45(2) of the Planning Act to enlarge an existing accessory building. The existing accessory building is non-complying due to being located within 30m of the highwater mark of Kingsford Lake. The area of the structure will be decreasing slightly from 24sqm to 23.7sqm and the height of the structure will be increasing from 3.6m to 3.8m. The existing structure is located underneath a hydro line. In order to achieve compliance with the minimum clearance required from the hydro line the new structure will be moving closer to the water. The existing structure is set back 17.8m from the south shoreline and the new structure will

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be set back 13.7m from the shoreline. 10.

Other Business

Consent Granting Authority Report.

Adjournment

Resolution.

188 189

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Committee of Adjustment Meeting Page 4 of 189

Thursday, March 14, 2024 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 189

• Randy Ruttan • Steven Pegrum

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

Agenda

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• 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 189

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 189

• 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 189

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. • Meetings are broadcast live over the internet for the public to view. Your voice will be heard in the broadcast if you speak at the meeting. Broadcasts are archived and continue to be publicly available. • Questions regarding the collection, use and disclosure of this personal information may be directed to the Township Clerk.

Agenda

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Consent Applications

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

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Application PL-ZNA-2024-0004 Minor Variance

Applicants: Linda Huehn & Peter Kuske Agent: Rod Stokes Property: 38 Phoebe Lane

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Property Description • ~1.37Ac with frontage on Desert Lake • Existing seasonal dwelling (~150sqm), detached garage/sleeping cabin, frame deck w/ hot tub, and 2 accessory structures • Dwelling setback 5.6 from HWM • Narrow Peninsula Lot • Steep Vegetated Shoreline • RU Designation & RLSW-133 Zone Page 16 of 189

Proposal

• Replace existing seasonal dwelling with new dwelling • New dwelling (202.4sqm) to be located further into the property • Zoning Relief to permit: • 15.6m setback from Desert Lake • 15.6m setback from front lot line • 12.5m setback from wetland • 6m setback from top of bank • Increase in lot coverage from 2.7% to 3.7% Page 17 of 189

Proposed Site Plan

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Looking southeast towards the rear of the seasonal dwelling Looking South (Garage/Sleeping Cabin w/ seasonal dwelling beyond)

Front view of the proposed dwelling (facing northwest)

Rear view of existing dwelling (Facing west; extension of Desert Lake beyond)

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Conceptual drawings of the proposed seasonal dwelling (Facing South; Facing West)

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Department, Agency and Public Comments • Cataraqui Conservation – No Objection • Building Services & Public Services – Not Circulated • Public Comment – Letter received from neighbouring property owner. Concerns related to maintenance of 30m setback, nutrient loading into the lake and the scale of development

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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 22 of 189

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

• The application is approved in accordance with submitted drawings • Development agreements to address runoff, erosion controls, vegetation retention • Building Permit is required for all demolition and construction on the property

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Questions & Comments

Applicant/Agent
Members of the Public
Committee Member questions

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PL-ZNA-2024-0004 Committee Deliberation and Vote

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Application PL-ZNA-2024-0008 Minor Variance

Owner: Paul Larmon Applicant/Agent: Shannon Ireland-Frasso and Tyler Larouche Property: 5407 Opinicon Road

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Property Description • 3.47 acre lot area • Opinicon Road • Rural designation • RU zone

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Proposal • A 1,015 sq. ft. house • Set back 25m from wetland • Set back 12.5m from front lot line

• A sewage system • Set back 30m from wetland

• Lot coverage: less than 1%

Sewage System

House

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Proposal

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Looking south onto property from entrance off Opinicon Road (house would be on the left, sewage system would be on the right)

Looking east onto property from top of bank (house would be in distance centre, sewage system would be on the left) Page 31 of 189

Department, Agency and Public Comments • Public Services – no objection • Building Services – no objection; the existing well will need to be decommissioned and a compliant well installed • Cataraqui Conservation – no objection; O. Reg. 148/06 permit will be required • Public Comments – none received Page 32 of 189

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 33 of 189

Recommendation

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• 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

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PL-ZNA-2024-0008 Committee Deliberation and Vote

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Application PL-ZNA-2024-0019 Permission to Enlarge Legal Non-Conforming Use

Applicant: Tony Loureiro and Debra Mason Property: 325 Spruce Lane

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Property Description

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• 5ha lot area • 900m frontage on Desert Lake; access from Spruce Lane • Undulating topography and has mature tree cover • Contains existing dwelling with attached deck and accessory structures • Rural • RLSW zone

Proposal • Permission under section 45(2) of the Planning Act to enlarge a legal non-conforming dwelling and attached deck • Existing dwelling •

1.5 storey – 7 m height

•

72 sqm ground floor area

• Proposed dwelling •

Single storey – 7m height

•

275 sqm ground floor area (170sqm area outside 30m setback)

• Retain existing 18.3sqm porch and 62sqm deck •

Deck to be expanded by 22sqm

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• All development setback further than 20m from water which is existing closest point

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Towards the front of dwelling

Looking northeast along shoreline

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Looking southwest along shoreline

North side of dwelling

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Towards area of expansion and northern shoreline

Area of proposed septic system

Department, Agency and Public Comments • Building Services – No objection to approval – a new septic system will be required to service the expanded dwelling • Cataraqui Conservation – No objection to approval. The development is outside any flooding or erosion hazard on the property • Public Comments – No objections received Page 46 of 189

Planning Analysis • Majority of expansion is located outside 30m setback • Lot coverage increasing from 0.3% to 0.7%

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• Setback of dwelling from lake is being maintained • New septic system to be in compliant location • Proposed dwelling constructed in same location as existing – minimize site disturbance/vegetation removal • No visual impacts anticipated as height not increasing • Conditions recommended related to controlling runoff, vegetation retention/removal, sediment erosion controls.

Recommendation

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• 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

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PL-ZNA-2024-0019 Resolution and Vote

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Application PL-ZNA-2024-0020 Permission to Enlarge Legal Non-Conforming Use

Applicant: Stephen Solenka and Rita Cossa Property: 32 Dogwood Lane

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Property Description

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• 0.17ha lot area • 72m frontage on Kingsford Lake • Property is on a peninsula bound by water on to sides • Contains dwelling and accessory building • Rural • RLSW and RW zone

Proposal • Permission under section 45(2) of the Planning Act to enlarge a legal non-conforming accessory building. • Structure currently under hydro line • Existing building was 24sqm and 3.6m in height Page 53 of 189

• Proposed building is 23.7sqm and 3.8m in height

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Towards existing shed

Towards subject property

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Toward north shoreline

Area of proposed shed

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Along south shoreline

Towards south shoreline

Department, Agency and Public Comments • Hydro One – The shed will need to be 1.88m from the overhead power line. No objections otherwise. • Building Department – No concerns given the comments from Hydro One. The 1.88m setback will need to be marked on site prior to inspection. • Cataraqui Conservation – No objections to approval of application Page 58 of 189

• Public Comments – None received

Planning Analysis

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• Existing structure is located underneath hydro line • Proposed will be relocated to meet setback from hydro line – will be located in a cleared area to minimize site disturbance/vegetation removal • Proposed structure will be located in the middle of the property between both shorelines. • Proposal has smaller footprint and slight increase in height compared to existing • No visual impacts anticipated

Recommendation • Approval • Pending any comments received • Subject to conditions • The application is approved in accordance with submitted drawings • Building permit is required for ALL demolition and construction on the property Page 60 of 189

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

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PL-ZNA-2024-0020 Committee Deliberation and Vote

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Consent Granting Authority Report • PL-BDJ-2024-0005 (Denton) – Portland • This undisputed consent was granted provisional consent on February 22, 2024. • The purpose of this consent application was for one rural residential lot addition from property located at 4887 Petworth Road. The lot addition is to be 0.38 acres in area, and to be conveyed to adjacent lands at 4871 Petworth Road Page 63 of 189

Adjournment

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Minutes of Committee Of Adjustment February, 8, 2024

Township of South Frontenac Committee of Adjustment Meeting Minutes Meeting # 2024-01 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. 2024-01-02 Moved by: Steve Pegrum Seconded by: Alan Revill THAT the Committee of Adjustment hereby adopts the Agenda for the February 08, 2024 Committee of Adjustment meeting. Carried

Committee of Adjustment Appointments

Appointment of Committee of Adjustment Chair (Resolution) Resolution No. 2024-01-03 Moved by: Norm Roberts Seconded by: Mike Howe THAT the Committee of Adjustment hereby appoints Randy Ruttan to the position of Chairperson for the 2024 calendar year.

Carried

Appointment of Committee of Adjustment Vice-Chair (Resolution) Resolution No. 2024-01-04 Moved by: Norm Roberts Seconded by: Steve Pegrum THAT the Committee of Adjustment hereby appoints Alan Revill to the position of Vice-Chairperson for the 2024 calendar year.

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Minutes of Committee Of Adjustment February, 8, 2024 Carried 4

Electronic Meeting Information

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

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

Declaration of pecuniary interest

There are none.

Approval of Minutes – December 14, 2023

Resolution. Resolution No. 2024-01-05 Moved by: Alan Revill Seconded by: Steve Pegrum THAT the Committee of Adjustment approves the minutes of the December 14, 2023 Committee of Adjustment meeting. Carried

Consent Applications from a Previous Meetings: (if applicable)

PL-BDJ-2022-0067 (Campbell) - Storrington District Property Address: 4797 Latimer Road Purpose & Effect of the Application: Consent for the creation of one new residential lot. The original proposal was for the severed parcel to be 5.1 acres in area with 12 metres of frontage on Latimer Road and 10 metres frontage on Round Lake Road. In the amended application, the severed parcel would be approximately 4.2 acres in area with 12 metres of frontage on Latimer Road. Christine Woods, Senior Planner, delivered her report to the Committee with a staff recommendation of denial of the application. Randy Ruttan, Chairperson inquired as to whether the applicant or their agent would like to address the Committee. Jody Campbell, applicant, spoke to his desire to sever the land for the purposes of being able to leave the properties to his children, as well as his desire to keep the drive shed on the retained lands as the cost of re-building it would be substantial. He also spoke to his desire to keep the entranceway on Round Lake Road to be able to access the rear pastures. Chair Ruttan inquired as to whether any members of the public wished to address the Committee. Rick Hatton, neighbouring landowner came forward to state that he had submitted written comments on the application pertaining to the commercial

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Minutes of Committee Of Adjustment February, 8, 2024 activities on the property, but that he believes these concerns have been rectified and has no objection to the proposed consent application. Chair Ruttan inquired as to whether there were any further members of the public who wished to speak to the application. None heard. Chair Ruttan inquired as to whether there were any questions form Committee Members regarding the application. Alan Revill posed whether the accessory structure on the property could be considered a livestock facility when, in his opinion, it couldn’t really be used as a barn given the size of the severed property. Ms. Woods stated that the barn is still considered a livestock facility regardless of the size of the property. If a prospective purchaser saw the barn, there is a possibility of them wanting to use it to house livestock. She stated that the Committee could take measures to ensure that the structure is not used for livestock, such as requiring a Change of Use permit on the structure, and/or addressing it via a Zoning By-Law Amendment on the property. Steve Pegrum inquired as to the future development of the retained lands with respect to it being more suitable for a plan of subdivision. He inquired as to whether the frontage on Greenfield Road or Round Lake Road could be utilized as an entrance for future development. Ms. Woods stated that her concern is less about access into the property but more with how the property will be laid out with the current severance proposal, and how that would effect development potential on the severed lands as well. Doug Morey inquired about the Road Widening condition on Latimer Road and what that applied to. Ms. Woods explained that on any approved consent application that fronts on a Township-owned and maintained road, the Township requires the applicant to ensure, thorugh the survey, that the Road Allowance is surveyed to a width of 20 metres (10 metres from the centre line) along the subject property. If they Ontario Land Surveyor determines that the Road Allowance is less than 20 metres in width, the Township requires the strip of land to be surveyed and transferred over to the Township in order to rectify the deficiency. Ms. Kaestner read the resolution for denial of the application. Mr. Ruttan opened the floor to Committee members for comment and discussion. Alan Revill stated that he believed severing the dwelling off of the majority of the remaining lands would be ideal for future development possibilities and that approving the application with the condition of a zoning by-law amendment would help to correct some of the concerns with the proposal to bring it into compliance. He stated that he was not in support of the resolution for denial. Norm Roberts inquired as to whether a retaining wall between the storage shed on the retained parcel and the structures on the severed parcel could alleviate the concern with potential conflicts with the future owner of the severed parcel. He also inquired as to whether the access doors of the storage shed could be moved to the Eastern end. Ms. Woods stated that those are options available to the Committee should they choose to approve the application.

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Minutes of Committee Of Adjustment February, 8, 2024 Mr. Pegrum inquired as to how the 10-metre setback between the machine shed and the proposed property line could be addressed. Ms. Woods replied that the Committee could require a condition that the Surveyor ensure that the property line is 10 metres from the building, which could make for undesirable lot line configuration, or, if that was the result than the Committee could address the deficiency in the setback via the Zoning ByLaw Amendment that would be required under a conditional approval. Brett Moreland inquired as to the setback between the proposed property line and the smaller shed on the property. Ms. Woods replied that the small shed would need to be removed/demolished if the application were to be approved as it would be either on or too close to the proposed lot line. She stated that the Applicant had indicated he was wiling to remove the shed. Committee Members voted against the motion to deny the application. Mr. Revill moved to approve the application with the conditions that were discussed throughout the meeting. Ms. Woods provided the Committee a list of recommended conditions that she had prepared in the event that the Committee was considering approval of the application. She went through the conditions in detail. Ms. Woods stated that if the applicant were to fulfill these conditions, it would bring the properties into compliance with the Township’s Official Plan and Zoning By-Law. Ms. Woods stated that as part of the consent process, the Applicant is typically provided the details of conditions prior to the approval of the application so that they are agreeable to the terms of the approval. Ms. Woods suggested Mr. Campbell be given the opportunity to ask any questions he may have regarding the proposed conditions to ensure that he is willing to fulfill them. Mr. Campbell received clarification on the conditions surrounding the Change of Use permit for the barn and the requirement for Road Widening. He then stated he was happy with the conditions. Resolution No. 2024-01-06 Moved by: Mike Howe Seconded by: Randy Ruttan THAT the Committee of Adjustment denies amended consent application PLBDJ-2022-0067 for property municipally known as 4797 Latimer Road. Defeated Resolution No. 2024-01-07 Moved by: Alan Revill Seconded by: Norm Roberts THAT the Committee of Adjustment approves amended consent application PLBDJ-2022-0067 for property municipally known as 4797 Latimer Road for the creation of one new residential lot, being 4.2 acres in area and having 12 metres of frontage on Latimer Road; subject to conditions. Carried

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Minutes of Committee Of Adjustment February, 8, 2024 b)

PL-BDJ-2023-0080 (Hughson) (The Boulevard Group) - Storrington District 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. Committee member Doug Morey stated that he was not present at the meeting when these applications were originally put forward, and as such, he is recusing himself from discussion and voting on them this evening. Noah Perron, Planner, delivered his report to the Committee for applications PL-BDJ-2023-0080, PL-BDJ-2023-0081 and PL-BDJ-2023-0081, with a staff recommendation of approval of all three applications, subject to conditions. Chair Ruttan inquired as to whether the applicant or their agent wished to address the Committee. Jason Sands, Agent, thanked the Committee for considering the application and introduced Chris Rancourt who is a Senior Geoscientist and Hydrogeologist at CCR Environmental and whom prepared the workplan for the hydrogeological assessment which was prepared as a result of the application being deferred in December of 2023. Mr. Ruttan inquired as to whether there were any members of the public who wished to comment on the application. Kathy Christmas, neighbouring resident, inquired as to the Committee’s plan to compensate residents should their water supply be impacted by the hydrogeological testing. Chair Ruttan stated that there been no discussions of this nature. He stated that the reason for the assessment and workplan was to determine if there would be adverse effects on neighbouring wells at which time the applications would no longer move forward. Ms. Christmas inquired as to whether the County’s hydrogeologist would be on site when the assessment take place. Mr. Perron stated that the County’s hydrogeologist would be performing a desktop peer review and that it would be very uncharacteristic for them to be on site when the work is being performed. Mr. Perron spoke to the education, credentials and professional standards of hydrogeologists and as such, they have the autonomy to conduct the required assessments to those standards. Mr. Rancourt provided the Committee and the public with extensive details about his professional background. Mr. Rancourt answered numerous questions from Herman Cornel, neighbouring landowner, surrounding the technical nature of hydrogeological assessments and how they are conducted. Sarah Boughen, neighbouring landowner thanked Mr. Rancourt for all of the information that he had provided. She inquired as to how the neighbouring residents would be informed that the test was going to take place so that they could participate. Mr. Rancourt advised that he conducts a thorough desktop review of records and will use that information to determine the scope of

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Minutes of Committee Of Adjustment February, 8, 2024 potential impact. He will be reaching out to landowners in person when the testing is taking place. Chair Ruttan inquired as to whether there were any questions from Committee members regarding the application. Norm Roberts inquired as to whether dug or blasted wells were permitted in the area. Mr. Rancourt replied that the Ministry of Environment does allow dug wells. He provided details regarding how dug or blasted wells are created. Committee Member Revill thanked Mr. Rancourt for educating him and the other committee members regarding the work that he performs. He spoke to the concerns of neighbouring residents and inquired as to whether checking the static level of their wells prior to conducting the testing would be beneficial. Mr. Rancourt replied that looking at the static levels are part of the initial field work for the assessment. Mr. Rancourt answered additional technical questions from Mr. Revill regarding how the testing would be conducting and how the monitoring would take place. Kate Kaestner read the resolution for approval of the application. Resolution No. 2024-01-08 Moved by: Kevin Fox Seconded by: Norm Roberts THAT the Committee of Adjustment approves Consent Application PL-BDJ2023-0080 for the creation of one new rural residential lot, being a minimum of 2.5 acres in area and having a minimum of 80 metres of frontage along Horning Road, subject to conditions. Carried c)

PL-BDJ-2023-0081 (Hughson) (The Boulevard Group) - Storrington District 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. See Agenda Item 7. b) for Minutes Text. Resolution No. 2024-01-09 Moved by: Randy Ruttan Seconded by: Mike Howe THAT the Committee of Adjustment approves Consent Application PL-BDJ2023-0081 for the creation of one new rural residential lot, being a minimum of

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Minutes of Committee Of Adjustment February, 8, 2024 2.5 acres in area and having a minimum of 80 metres of frontage along Horning Road, subject to conditions. Carried d)

PL-BDJ-2023-0082 (Hughson) (The Boulevard Group) - Storrington District 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. See Agenda Item 7. b) for Minutes Text. Resolution No. 2024-01-010 Moved by: Brett Moreland Seconded by: Steve Pegrum THAT the Committee of Adjustment approves Consent Application PL-BDJ2023-0082 for the creation of one new rural residential lot, being a minimum of 2.5 acres in area and having a minimum of 80 metres of frontage along Horning Road, subject to conditions. Carried

New Consent Applications:

9 Minor Variance / Permission Applications from a Previous Meetings: (if applicable) 10

New Minor Variance / Permission Applications:

PL-ZNA-2023-0137 (Monty & Leonard) - Storrington District Subject Property Address: Carrying Place Road Purpose & Effect of the Application: The applicant proposes to construct a one storey single detached dwelling and a septic system on the property. The dwelling will have a floor area of approximately 266sqm. Minor variances are requested to allow the dwelling and septic system to be set back less than 30m from the highwater mark of Cranberry Lake and less than 15m from the setback from top of bank. The dwelling is proposed to be set back 15m from Cranberry Lake and 6m from the top of bank. The septic system is proposed to be set back 24.4m from Cranberry Lake and 7.7m from the top of bank. Tom Fehr, Planner, delivered his report to the Committee with a staff recommendation of approval of the application. Chair Ruttan inquired as to whether the applicant or their agent wished to address the Committee. Shane Monty, applicant, thanked the Planning Staff for their assistance with getting the application to this stage. He spoke to his efforts to minimize the impact of construction on the property.

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Minutes of Committee Of Adjustment February, 8, 2024 Chair Ruttan inquired as to whether there were any questions from Committee members regarding the application (None heard). Ms. Kaestner read the resolution for approval of the application. Chair Ruttan inquired as to whether there were any comments from members of the Committee. (None heard). Resolution No. 2024-01-011 Moved by: Brett Moreland Seconded by: Doug Morey THAT the Committee of Adjustment approves Minor Variance application PLZNA-2023-0137 to permit a 266sqm single detached dwelling to be set back 15 metres from the highwater mark of Cranberry Lake and 6 metres from the top of bank, and to permit the installation of a sewage system to be set back 24.4 metres from the highwater mark of Cranberry Lake and 7.7 metres from the top of bank; subject to conditions. Carried 11

Other Business

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

Adjournment

Resolution. Resolution No. 2024-01-012 Moved by: Norm Roberts Seconded by: Kevin Fox THAT the February 08, 2024 meeting of the Committee of Adjustment for the Township of South Frontenac is hereby adjourned at 8:46 pm to reconvene on Thursday, March 14, 2024 or at the call of the Chair. Carried

Randy Ruttan, Chair

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Inset Map Inset Map

S DEYO RO AD

AD RO

O N CA

B OE PH

CON 14 PT LOT 5 RP 13R10023 PARTS 1-7

E AN

E SER T

Desert Lake

AD RO

L A NE

E AK

PL-ZNA-2024-0004 (HUEHN & KUSKE) (STOKES) 38 PHOEBE LANE

14 PHOEBE LANE

E OS

Legend Subject Property Provincially Significant Wetland Wetland Wooded Area Lake Trout Lake - At Capacity 22 PHOEBE LANE

Lake Trout Lake - Not at Capacity Non-Lake Trout Lake - At Capacity Township Boundary 38 PHOEBE LANE

Road

Desert Lake

Railway

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

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1304 ROSE LANE

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

Scale: 1:1,000

12.5

50 m

UTM Zone 18 NAD 83

Date: 2024-01-09

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D A-2

General Notes:

Wood Deck Over

Wood Deck

Crawl Space Access

Wood Deck Over Crawl Space

@ 16’o.c. Engineered Joists

Great Room

A-2 A

(Vaulted Ceilings)

Wood Deck

DESIGNER INFORMATION

B A-2

Wood Deck Over

A-2 A

B A-2

A-2 A

Wood Deck

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

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

Dining Engineered Joists @ 16’o.c.

November 27th 2023

Engineered Joists @ 16’o.c.

Project North

Bridge Above 8" conc block pier filled solid on 30" x 30" x8" conc pad ftg

Rod Stokes

Master Bedroom

8" conc block pier filled solid on 30" x 30" x8" conc pad ftg

A-2 A

A-2 C

Solid bearing

Kitchen

Solid bearing

Engineered Joists @ 16’o.c.

Wood Stove

Solid bearing

A-2 C

Solid bearing

Crawl Space Engineered Joists @ 16’o.c.

Engineered Joists @ 16’o.c.

Cl Linen

Foyer

(Vaulted Ceilings)

Shelves

HwT

Bath

Ensuite

Reissued for Minor Variance Application

Jan01/24

Issued for minor variance application

Nov27/23

No.

B A-2

Revision/Issue

Date

Covered Porch

Foundation Plan

Ground Floor Plan

D A-2

B A-2

Covered Wood Porch Above

Shower

Gross Area 1,376 sf

Scale 1/4"=1’-0"

Proposed Seasonal Cottage for Dr. Linda Huehn & Peter Kuske 38 Phoebe Lane, Desert Lake Twp of South Frontenac BIGFOOT SYSTEMS INC. (BIGFOOT SYSTEMS ) â RR#2 MAHONE BAY, NOVA SCOTIA B0J 2E0 TOLL FREE: 1-800-934-0393 PHONE: (902) 627-1600 FAX: (902) 627-1700 www.bigfootsystems.com

BIGFOOT SYSTEMS

The Original.

12.42" [515.4] 12.02" [305.2] 11.5" [292] 10.42" [264.6] 10.02" [254.4] 9.5" [241.2] 1.125" [28.6] R. 03" TYP [R 0.8]

1.125" [28.6]

R. 06" TYP [R 1.5]

1.125" [28.6] 1.125" [28.6] 1.125" [28.6]

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R. 2" TYP [R 50.8]

STIFFENER RIB (16)

19" [482.6]

.245 DIA. HOLES (16)

.94" THK WALL

41°

8" [203.2]

Soil Gas Mitigation Strategy, 1. A 100 mm diameter PVC pipe rough-in through the floor slab adjacent an exterior wall connected to a corrugated plastic soil pipe extending under the slab and terminating at or near the centre in conformance with Subsection 3.2 , sentences (1)through (5) of SB-9 (a)Minimum 150mm granular material for a radius not less than 300mm centered on the pipe, with the bottom of the pipe open to the granular and (b) The upper end of the pipe shall be provided with a removable seal and labelled to indicate for “soil gas removal” Mandatory radon gas testing in conformance with Subsection 2. 3.2 Sentence (6) of SB-9.

12.25" [311.2]

Insulated concrete foundations are to be designed and installed by a certified contractor. Contractor is to meet the minimum requirements of NBC Footings and Foundations. Contractor is also responsible for connections of floor and roof assemblies as required as well as all reinforcing in lintels over openings in ICF.

1.125" [28.6]

Ground Floor Plan & Foundation Plan

R. 4" TYP [R 101.6]

.5" [12.7] 28.25" [717.6]

June 2013

NOTES:

INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER’S SPECIFICATIONS.
DO NOT SCALE DRAWINGS.
CONTRACTORS NOTE: FOR PRODUCT AND COMPANY INFORMATION VISIT www.CADdetails.com/info REFERENCE NUMBER 552-001b.

As noted

BIGFOOT SYSTEMS FOOTING FORM BF 28 FOOTING

552-001b PROTECTED BY COPYRIGHT - 04/11/05

www.CADdetails.com

A-1

D A-2

A-2 D

General Notes:

A-2 A

B A-2

A-2 B

Continuous ridge vent

4’Deep Ridge beam

Open to Below

Railing

Attic

Bench

A-2 A

Slope

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

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

Attic

Chimney

Signed:

Sloped ceiling

November 27th 2023

Sloped ceiling

Project North

Solid bearing

Flat Ceiling

Open to Below

A-2 A

Continuous ridge vent

A-2 A

Continuous ridge vent

Flat Ceiling

Bedroom

Sloped ceiling

4’Deep Ridge beam

Sloped ceiling

D A-2

Scale 1/4"=1’-0"

Gross Area 550 sf

Slope

Roof Plan

Reissued for Minor Variance Application

Jan01/24

Issued for minor variance application

Nov27/23

No. Slope

Second Floor Plan

Slope

Attic

A-2 B

Sloped ceiling

B A-2

Attic

Sloped ceiling

Slope

Sloped ceiling

A-2 A

Revision/Issue

Date

Slope

A-2 D

Bedroom

Solid bearing

Continuous ridge vent

Solid bearing

Wood Stove Below

Slope

Railing

A-2 A

Slope

Sloped ceiling

Bridge

Rod Stokes

Scale 1/4"=1’-0"

Proposed Seasonal Cottage for Dr. Linda Huehn & Peter Kuske 38 Phoebe Lane, Desert Lake Twp of South Frontenac

Second Floor Plan & Roof Plan June 2013

As noted

A-2

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General Notes:

Prefinished metal Roofing Prefinished metal Roofing

Prefinished metal Roofing

DESIGNER INFORMATION

Covered Porch

Hardiboard siding Hardiboard siding

Wood Deck

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

Wood Deck

Signed:

November 27th 2023

Crawl Space

South Elevation

Rod Stokes

Project North

West Elevation Scale 1/4"=1’-0"

Scale 1/4"=1’-0"

Reissued for Minor Variance Application

Jan01/24

Issued for minor variance application

Nov27/23

No.

Revision/Issue

Date

Prefinished metal Roofing Prefinished metal Roofing Prefinished metal Roofing

Proposed Seasonal Cottage for Dr. Linda Huehn & Peter Kuske 38 Phoebe Lane, Desert Lake Twp of South Frontenac Wood Deck

Hardiboard siding

Wood Deck Wood Deck

Crawl Space

North Elevation

Elevations

Scale 1/4"=1’-0"

East Elevation Scale 1/4"=1’-0"

June 2013

As noted

A-3

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General Notes:

2’Deep Flat girder

Prefinished metal Roofing Prefinished metal Roofing

Bedroom

Bedroom Bridge

Master Bedroom

Stairs

Foyer

Bridge

DESIGNER INFORMATION

Kitchen

Great Room Wood Deck

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

Cross Section A-A

Crawl Space

November 27th 2023

Crawl Space

Project North

Scale 1/4"=1’-0"

Cross Section C-C

Soil Gas Mitigation Strategy, 1. A 100 mm diameter PVC pipe rough-in through the floor slab adjacent an exterior wall connected to a corrugated plastic soil pipe extending under the slab and terminating at or near the centre in conformance with Subsection 3.2 , sentences (1)through (5) of SB-9 (a)Minimum 150mm granular material for a radius not less than 300mm centered on the pipe, with the bottom of the pipe open to the granular and (b) The upper end of the pipe shall be provided with a removable seal and labelled to indicate for “soil gas removal” 2. Mandatory radon gas testing in conformance with Subsection 3.2 Sentence (6) of SB-9.

Scale 1/4"=1’-0"

Rod Stokes

4’Deep Ridge beam

Reissued for Minor Variance Application

Jan01/24

Issued for minor variance application

Nov27/23

No.

Revision/Issue

Date

Flat Girder truss

Prefinished metal Roofing

Window

Bridge Attic

Bridge

Attic

Railing

Proposed Seasonal Cottage for Dr. Linda Huehn & Peter Kuske 38 Phoebe Lane, Desert Lake Twp of South Frontenac

Open to Below

Master Bedroom

Covered Porch

Foyer

Kitchen

Dining

Great Room

Window

Wood Deck Steel Beam

Crawl Space

Cross Section B-B

Cross Section D-D Scale 1/4"=1’-0"

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Scale 1/4"=1’-0"

Crawl Space

Cross Sections

June 2013

As noted

A-4

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January 24, 2024

File: MV/FRS/1/2024

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

Application for Minor Variance PL-ZNA-2024-0004 (Huehn & Kuske) Lot 5, Concession 14; 38 Phoebe Lane Loughborough District, Township of South Frontenac Waterbody: Desert Lake

Cataraqui Conservation staff have reviewed the above-noted application for minor variance and provide the following comments for the Committee of Adjustment. Proposal The proposal involves the replacement of an existing residential dwelling on the subject property with a new residential dwelling, including a covered porch and attached deck. The variance 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 15.6 metres; Reduce the required setback from the wetland from 30 metres, as required by Section 5.8.2.a) of the South Frontenac Zoning By-law, to 12.5 metres, and; Reduce the required setback from the top of bank from 15 metres, as required by Section 5.8.2.b) of the South Frontenac Zoning By-law, to 6 metres to permit the construction of the new building and attached deck.

Site Description The subject property is located on the western shore of Desert Lake and is situated on Precambrian Shield. The property consists of a small peninsula of elevated land with a steeply sloping shoreline on the east and west sides. The property is cleared at the centre and southern tip but has retained mature tree and vegetation growth along the shoreline embankments. Mapping suggests that there is a small unevaluated wetland adjacent to the property in the bay to the west. The property is designated Rural on Schedule A of the Township of South Frontenac Official Plan and zoned Limited Service Residential – Waterfront (RLSW) in the implementing Zoning

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By-law. Desert Lake itself is identified as a moderately sensitive Lake Trout Lake in the Official Plan and is zoned ‘Environmental Protection’ (EP) in the Zoning By-law. Discussion Cataraqui Conservation’s scope of review for this proposal includes the avoidance of natural hazards (e.g. flooding and erosion) associated with the shoreline of Desert Lake and the protection of the hydrologic function of the wetland. Natural Hazards Flooding: The highest recorded water level for Desert Lake is 136.31 metres geodetic. For Desert Lake, the highest recorded water level is used in lieu of an engineered flood plain. CRCA planning and permitting policies require all development and site alteration to be setback 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 any area that may be subject to potential flood risk. Erosion: The subject lot has frontage on Desert Lake to the east, west and south. Section 5.8.2.b) of the Zoning By-law specifies that no building or structure or septic tank installation shall be located within a minimum of 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, CRCA defines the extent of potential erosion hazards to be 6 metres from the stable top of bank. CRCA policies and guidelines require that this 6 metre setback is applied for all new development, including attached decks. Based on available LiDAR data, the general location of the top of bank appears to be consistent with the diagrams included in the application’s site plan. Staff note that the proposed dwelling, including the covered porch and attached deck, will be located outside of the 6 metre setback from the top of bank, and are therefore consistent with CRCA policies and guidelines. If approved, staff recommend that proper sediment and erosion controls be incorporated into construction plans. Unevaluated Wetland / Ontario Regulation 148/06 As noted above, the lands contain a small unevaluated wetland in the bay to the west of the property. CRCA’s Guidelines for Implementing Ontario Regulation 148/06 typically require new development and site alteration to be set back a minimum of 30 metres from an unevaluated wetland, to protect the hydrologic function of wetland. However, a reconstructed building may be permitted within 30 metres of a wetland on a constrained lot if the proposed development does not encroach further into the setback from the wetland boundary than existing development and if the interference on the hydrologic function of the wetland has been deemed to be acceptable by Cataraqui Conservation. Based on a review of relevant aerial imagery and elevation mapping, the proposed dwelling, including the attached deck and covered porch, will be set back further away from the

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unevaluated wetland than the existing dwelling. Staff do not anticipate any negative impacts to the hydrologic function of the wetland on the lot as a result of the proposal. Recommendation In summary, staff have no objection to the approval of application PL-ZNA-2024-0004 based on our consideration for natural hazard and regulatory policies. We also recommend implementation of the above-noted environmental mitigation measures (in bold text) and advise the applicant that a CRCA permit is required for the proposed development under O. Reg. 148/06. Ontario Regulation 148/06 Please note that portions of the subject lands are subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, which is administered by the CRCA. The purpose of the regulation is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected by natural hazards, such as flooding and erosion, and that the changes do not put other properties at greater risk from these hazards. For this property, any development (buildings and structures) and site alteration (excavation, grading, placement of fill) within 15 metres from the top of bank and within 30 metres of the unevaluated wetland is subject to O. Reg. 148/06. Therefore, a permit will be required from our office should the application be approved. Please inform this office of any decision made by the Committee with regard to this application. If you have any questions, please contact the undersigned at 613-546-4228 ext. 239, or by e-mail at jtreash@crca.ca. Yours truly, Janelle Treash Resource Planner cc:

Rod Stokes, Agent, via e-mail

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To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: March 14, 2024 Minor Variance Application (S. 45(1) of Planning Act) Subject: PL-ZNA-2024-0004, Huehn and Kuske, 38 Phoebe Lane, Loughborough 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 Special Provision (RLSW-133) Zoning Relief Requested Section 5.8.2 (b) – To permit a seasonal dwelling to be setback 6m from the top of bank, whereas the Zoning By-law requires a minimum of 15m. Section 5.8.2 (a) & Section 10.3.1 – To permit a seasonal dwelling to be setback 15.6m from the highwater mark of Desert Lake, whereas the Zoning By-law requires a minimum of 30m. Section 5.8.2 (a) & Section 10.3.1 – To permit a seasonal dwelling to be setback 12.5m from the highwater mark of a wetland, whereas the Zoning By-law requires a minimum of 30m. Section 10.3.1 – To permit a seasonal dwelling to be setback 15.6m from the front lot line, whereas the Zoning By-law requires a minimum of 30m. Related Applications The lands are not subject to any additional applications under the Planning Act.

Discussion

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

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Township of South Frontenac Staff Report - PL-ZNA-2024-0004, Huehn and Kuske, 38 Phoebe Lane, Loughborough District

Property Description The subject property is a lot of record measuring approximately 1.37Ac (5544sqm) in area with frontage on the western shore of Desert Lake. Access to the subject property is via Phoebe Lane, which extends from Rose Lane off of Desert Lake Road. Existing Development consists of a single storey seasonal dwelling, detached garage/sleeping cabin, frame deck with hot tub and two frame sheds. The property consists of a small peninsula of elevated land with steeply sloping shoreline on the east and west sides. To the east is the shoreline of Desert Lake and to the west is an unevaluated wetland feature. The property is cleared in the centre, and at the southern tip in the area of the existing cottage but has retained mature tree and vegetation growth along the shoreline. The surrounding area is characterized by similar types of limited service residential development. Summary of Proposal This proposal seeks relief from the Zoning By-law No. 2003-75 to permit a new seasonal dwelling in the RLSW Zone. The applicant is proposing to replace the existing 150sqm (1615sqft) cottage setback 5.6m from the highwater mark of Desert Lake. The proposed twostorey seasonal dwelling would have an area of 127.8sqm with a 22.3sqm covered porch and 52.3sqm attached deck. The seasonal dwelling would have a total ground floor area of 202.4sqm (2179sqft), a gross floor area of 217sqm (2336sqft), and a height of 8.5m (28ft). The proposed seasonal dwelling would be located more towards the interior of the property than the existing dwelling. The proposed seasonal dwelling requires zoning relief to be setback 15.6m from the highwater mark of Desert Lake and the front lot line, 12.5m from the highwater mark of the wetland to the west, and 6m from the top of bank. Agency and Department Comments Public Services were not circulated the application due to the proposal being located on a private laneway. Building Services were not circulated the application. A new sewage system was installed on the subject property in 2022 when a zoning amendment was approved to permit a detached garage with second floor sleeping cabin. The performance level of the existing system will be determined as part of the building permit process. Cataraqui Conservation in a letter dated January 24, 2024, stated no objection. CRCA regulatory policies require a 6m setback from the stable top of bank for all new development. Staff noted that the proposed seasonal dwelling and attached deck would be outside of the 6m top of bank setback and would therefore be consistent with CRCA policies and guidelines. Finally, CRCA staff note that the proposed development is within the area regulated by O. Reg 148/06. Therefore, a CRCA permit will be required for the proposed development. Public Comments www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - PL-ZNA-2024-0004, Huehn and Kuske, 38 Phoebe Lane, Loughborough District

Public comments were received from a surrounding property owner. The owners of 22 Phoebe Lane provided a letter outlining their concerns with the proposed development. The outlined concerns related primarily to the maintenance of a 30m shoreline setback, nutrient loading into Desert Lake and the scale of development on the subject property. Township Planning Staff acknowledged these comments and have included the submitted letter in the meeting agenda for consideration. No further comments have been received at this time. Planning Analysis The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. It is the opinion of Planning staff that the proposal meets the four tests as explained below. Does the variance maintain the general intent and purpose of the Official Plan? The variance would facilitate the construction of a new seasonal dwelling on lands designated Rural in the Official Plan on Schedule A. The type and amount of development on rural lands must maintain the rural character, natural heritage, and cultural landscape in the Township. The proposed seasonal dwelling is in line with the permitted residential use of the property. Section 5.2.4 of the Official Plan states that the Township will direct development or site alteration away from lands which may be subject to shoreline erosion hazard. This is typically addressed through a 15m setback from the top of bank, as required by the Zoning By-law. Cataraqui Conservation Staff reviewed the proposal and concluded that the new seasonal dwelling is outside of the extent of the erosion hazard. Setback 6m from the stable top of bank, the proposed seasonal dwelling would satisfy Provincial access allowance requirements for future maintenance or emergency. The existing seasonal dwelling on the subject property is located less than one metre from the top of bank. Therefore, the 6m setback of the proposed dwelling is interpreted as an improvement over existing conditions. Township staff are satisfied that the proposed development would not result in, or be impacted by, a shoreline erosion hazard. Section 5.2.7 of the Official Plan requires buildings and structures to be setback a minimum of 30m from the highwater mark of a waterbody. The purpose of this is to minimize the environmental and visual impacts by reducing phosphorus inputs, preventing erosion and by maintaining the natural appearance of the shoreline. Further, section 5.7.7 requires limitedservice residential development to be designed to preserve as much as possible a site’s physical attributes for the benefit of future residents. The interior of the subject property, where the proposed seasonal dwelling is to be located, is mostly cleared of trees. The vegetated shoreline would not require any alteration as a result of the development and should continue to act as a visual screen from the lake. Appropriate run-off and erosion controls are to be implemented through a recommended development agreement registered on the title of the property. It is the opinion of Township Planning Staff that the highwater setback from both Desert Lake and the Wetland to the west have been maximized to the www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - PL-ZNA-2024-0004, Huehn and Kuske, 38 Phoebe Lane, Loughborough District

greatest extent possible given the existing constraints. Due to the subject property being a peninsula, and the irregular shape of the north half of the property, it would likely not be possible to locate a compliant structure. The 15.6m setback from Desert Lake and the 12.3m setback from the wetland to the west are interpreted as general improvements over the existing conditions. 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 limited services waterfront residential development, and development adjacent to environmentally sensitive areas. 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 proposed seasonal dwelling will increase lot coverage slightly from 2.7% to 3.7% and would comply with all requirements of the Zoning By-law except for minimum setback from the highwater of a waterbody, minimum setback from the front lot line, and minimum setback from the top of bank. Section 5.8.2 of the Zoning By-law directs development away from slopes which are greater than 30% from horizontal. This is typically accomplished through a 15m setback, whereas the proposed seasonal dwelling is to be setback 6m from the top of bank. Due to the property being a peninsula and featuring steep slopes along the shoreline, the proposed seasonal dwelling is unable to comply with the setback requirements. At 6m the structure would be outside the extent of the erosion hazard, as concluded by Cataraqui Conservation staff. Further, the incorporation of appropriate erosion control measures and the maintenance of a healthy shoreline buffer will assist in stabilizing the soil. Therefore, Township Planning Staff are satisfied that the proposed development would not result in, or be impacted by, a shoreline erosion hazard. The General Provision and the RLSW zone require a 30m setback from the highwater mark of a waterbody. As discussed in a previous section of this report, the purpose of this setback is to minimize impacts to the waterbody. The subject property features several constraints which would limit the ability to locate a compliant structure. For example, the subject property is a peninsula bounded by Desert Lake to the east and a wetland feature to the west. At a width of approximately 50m, it would not be possible to locate a structure which would comply with the 30m setback requirement. In light of these constraints, Township Planning Staff are satisfied that the setback from the highwater mark has been maximized to the greatest extend possible, while also having consideration for other applicable setbacks. The RLSW Zone requires a 30m setback from the front lot line of a property. Within the RLSW zone, the lot line between the waterway and the lot is considered the front lot line. This requirement is reflective of the 30m setback requirement from the highwater mark waterbody but is also used to minimize visual impact on the lake. The proposal would facilitate a modest www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - PL-ZNA-2024-0004, Huehn and Kuske, 38 Phoebe Lane, Loughborough District

increase in ground floor area, gross floor area and height. However, the proposed seasonal dwelling will greatly improve upon the front yard setback of the existing (5.6m vs. 15.6m). Additionally, existing tree cover along the shoreline of the property should act as an effect buffer and mitigate against any visual impacts on the lake. For this reason, Township Planning Staff interpret the reduction in front yard setback as appropriate. It is the opinion of Township Planning Staff that the proposed variance maintains the general intent and purpose of the Zoning By-law. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The requested variance is desirable for the appropriate development of the land. The proposal would facilitate a modest increase in ground floor area from 150sqm to 202.4sqm, an increase in lot coverage of approximately 1%. Given the existing physical constraints on the property, the proposed setbacks from the top of bank, highwater mark and front lot line have been maximized to the greatest extent possible. Further, the proposed dwelling will be visually screened from the lake by existing tree cover and a greater setback from the shoreline. For this reason, planning staff interpret the proposal as a general improvement over existing property conditions. 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 development of the land. Given that the proposed development would generally improve the existing conditions of the property, it is unlikely that it would result in adverse impacts on the lake. Further, it is anticipated that there will be no negative impact on surrounding properties as a result of the proposed seasonal dwelling.

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 minor variance application PL-ZNA-2024-0004 for 38 Phoebe Lane, subject to the following conditions. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - PL-ZNA-2024-0004, Huehn and Kuske, 38 Phoebe Lane, Loughborough District

The minor variance is for a Seasonal Dwelling with covered porch and attached deck with a ground floor area of 202.4sqm (2179sqft), a gross floor area of 217sqm (2336sqft), and a height of 8.5m (28ft). The seasonal dwelling is permitted to be setback a minimum of 15.6m from the highwater of Desert Lake, a minimum of 15.6m from the front lot line, a minimum of 12.3m from the highwater of the wetland feature to the west, and a minimum 6m from the top of bank. The location of the seasonal dwelling shall be consistent with the location shown on the revised sketch submitted by the applicant’s agent on January 4, 2024, 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 discharged to natural or constructed leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads to reduce the velocity of runoff before it leaves the immediate building area. c. A natural vegetated buffer must be maintained in its natural state within 30 metres of Desert Lake and the wetland, and along the steep slope, except in the immediate area of the building envelope.
A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac.
Minor variance PL-ZNA-2024-0004 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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Township of South Frontenac Staff Report - PL-ZNA-2024-0004, Huehn and Kuske, 38 Phoebe Lane, Loughborough District

Exhibit A Photo 1 – Looking South into the subject property (Garage/Sleeping Cabin on the left, existing seasonal dwelling beyond)

Photo 2 – Looking towards the rear of the proposed seasonal dwelling (southeast)

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Township of South Frontenac Staff Report - PL-ZNA-2024-0004, Huehn and Kuske, 38 Phoebe Lane, Loughborough District

Photo 3 – Looking towards the front of the proposed seasonal dwelling (northwest)

Photo 4 – Existing seasonal dwelling location (front wooden stakes denote top of bank)

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Township of South Frontenac Staff Report - PL-ZNA-2024-0004, Huehn and Kuske, 38 Phoebe Lane, Loughborough District

Photo 5 – Looking northwest towards the unevaluated wetland feature

Photo 6 – Facing east towards Desert Lake

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February 23, 2024

File: MV/FRS/24/2024

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 Minor Variance PL-ZNA-2024-0008 (Larmon) (Ireland-Frasso & Larouche) Lot 21, Concession 10; 5407 Opinicon Road Loughborough District, Township of South Frontenac Waterbody: Unevaluated Wetland

Cataraqui Conservation staff have reviewed the above-noted application for minor variance and provide the following comments for the Committee of Adjustment. Proposal The proposal involves the construction of a new residential dwelling and a septic system on the subject property. The variance is requested to: • •

Reduce the required setback from the wetland from 30 metres, as required by Section 5.8.2.a) of the South Frontenac Zoning By-law, to 25 metres, and; Reduce the required setback from the front yard from 20 metres, as required by Section 7.3.1 of the South Frontenac Zoning By-law, to 12.5 metres to permit the construction of the new building and septic system.

Site Description The subject property is located on the southern side of Opinicon Road and is bounded by Cat Trail to the south, east and north. The property consists of a steep rock embankment, rising to two main tablelands where the development is proposed. In the valley at the bottom of the slope is an unevaluated wetland which is part of a larger wetland complex that spans the area. The property has some cleared areas in the centre of the parcel but is heavily vegetated with mature trees along the slopes. Staff visited the site on November 17, 2023. The property is designated Rural on Schedule A of the Township of South Frontenac Official Plan and zoned Rural (RU) in the implementing Zoning By-law. Discussion

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Cataraqui Conservation’s scope of review for this proposal includes the avoidance of natural hazards (e.g. flooding and erosion) associated with the wetland/slope and the protection of the hydrologic function of the wetland. Natural Hazards Flooding: Cataraqui Conservation does not have floodplain mapping for the unevaluated wetland. However, due to the difference in elevation between the wetland and the upland plateaus where the development is proposed, the floodplain is not expected to extend beyond the top of bank of the slope. Cataraqui Conservation’s Guidelines for Implementing Ontario Regulation 148/06 (see description below) typically requires that all development be set back a minimum of 6 metres from the regulatory floodplain of a waterbody. Based on the site plan submitted with the application, the proposed development will be located well outside of the floodplain and applicable setback. Erosion: As noted, the subject lot consists of a steep slope, climbing to a height of roughly 10 metres, adjacent to the wetland. Section 5.8.2.b) of the Zoning By-law specifies that no building or structure or septic tank installation shall be located within a minimum of 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 slope, and in accordance with provincial technical standards, CRCA defines the extent of potential erosion hazards to be 6 metres from the stable top of bank. Based on available LiDAR data, the proposed dwelling is located outside the extent of the erosion hazard associated with the slope. If approved, staff recommend that proper sediment and erosion controls be incorporated into construction plans. Unevaluated Wetland / Ontario Regulation 148/06 As noted above, the lands contain portions of an unevaluated wetland in the valley to the south of the property. CRCA’s Guidelines for Implementing Ontario Regulation 148/06 typically require new development and site alteration to be set back a minimum of 30 metres from an unevaluated wetland, to protect the hydrologic function of wetland. However, a residential dwelling and associated site alteration may be permitted within 30 metres of a wetland on a constrained lot provided the development is located outside the regulated wetland and maintains as much setback as feasible, disturbances to the natural vegetation communities contributing to the hydrologic function are avoided, the overall existing drainage patterns will be maintained, and impervious areas are minimized. In the opinion of staff, the proposal represents a modestly sized dwelling that will minimize impervious areas and maintain the lot’s existing drainage patterns and natural vegetation. Staff recognize that the development has been located as far from the wetland as possible due to the site’s physical constraints. Staff do not anticipate any negative impacts to the hydrologic function of the wetland as a result of the proposal. Recommendation

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In summary, staff have no objection to the approval of application PL-ZNA-2024-0008 based on our consideration for natural hazard and regulatory policies. We also recommend implementation of the above-noted environmental mitigation measures (in bold text) and advise the applicant that a CRCA permit is required for the proposed development under O. Reg. 148/06. Ontario Regulation 148/06 Please note that portions of the subject lands are subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, which is administered by the CRCA. The purpose of the regulation is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected by natural hazards, such as flooding and erosion, and that the changes do not put other properties at greater risk from these hazards. For this property, any development (buildings and structures) and site alteration (excavation, grading, placement of fill) within 15 metres from the top of bank and within 30 metres of the unevaluated wetland is subject to O. Reg. 148/06. Therefore, a permit will be required from our office should the application be approved. Please inform this office of any decision made by the Committee with regard to this application. If you have any questions, please contact the undersigned at 613-546-4228 ext. 239, or by e-mail at jtreash@crca.ca. Yours truly, Janelle Treash Resource Planner cc:

Shannon Frasso and Tyler Larouche, Agents, via e-mail

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

Sewage System Review Comments To:

Secretary-Treasurer, Committee of Adjustment Township of South Frontenac 4432 George Street, PO Box 100 Sydenham, Ontario K0H 2T0

Application Number:

PLZNA2024008

Type of Application or Proposal:

Minor Variance

Applicant: (if applicable) Agent:

LARMON PAUL TIMOTHY Shannon Ireland Frasso & Tyler Larouche

Location:

102904004013700 5407 OPINICON ROAD CON 10 PT LOT 21 RP 13R7346;PART 1 Proposed sewage system location conflicts with the existing drilled well.

Comments:

The drilled well must be decommissioned per Ministry of the Environment, Conservation and Parks requirements prior to applying for the sewage system permit. A new drilled well must meet or exceed the minimum clearance distances outlined by the Ministry of the Environment, Conservation and Parks.

Building Inspector: Matthew Doyle Date:

February 22, 2024

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To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: March 14, 2024 Minor Variance Application (S. 45(1) of Planning Act) Subject: PL-ZNA-2024-0008, Paul Larmon (Shannon Ireland Frasso and Tyler Larouche), 5407 Opinicon Road, Storrington District

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

Background Official Plan Designation: Rural Zoning: Rural Proposal The applicant proposes to construct a 1,015 square foot house and a sewage system. The house would be setback 25m from a wetland on the property, and 12.5m from the front lot line. The sewage system would be setback 30m from the wetland. The variances are being requested to accommodate a house on the property. Zoning Relief Requested Section 5.8.2(a) – to permit a single detached dwelling to be setback a minimum of 25 metres from the highwater mark of a waterbody, whereas a minimum 30 metre setback is required for all buildings and structures. Section 7.3.2 – to permit a single detached dwelling to be setback a minimum of 25 metres from the highwater mark of a waterbody, whereas a minimum 30 metre setback is required for the principal building. Section 7.3.2 – to permit a single detached dwelling to establish a minimum 12.5 metre front yard, whereas a minimum 20 metre front yard is required for the principal building. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - PL-ZNA-2024-0008, Paul Larmon (Shannon Ireland Frasso and Tyler Larouche), 5407 Opinicon Road, Storrington District

Related Applications The lands are not subject to any additional applications under the Planning Act.

Property Description The property is 3.47 acres in area and has frontage on Opinicon Road. Approximately half of the property consists of a wetland. There is a steep slope between the wetland and the upland area. The upland areas are forested.

Department and Agency Comments Public Services reviewed the application and offered no objection. The property has an existing entrance from Opinicon Road. Building Services confirmed that there is a large enough area on the property for a sewage system. They noted that the existing well on the property will need to be properly decommissioned and a new well installed in a location that would meet the minimum separation distances for a well from a sewage system (e.g. 15 metres for a drilled well, 30 metres for a dug well). Cataraqui Conservation staff indicated in a letter dated February 23, 2024, that they have no objection to the application based on their consideration of natural hazard and natural heritage protection policies. They recognized that the proposed development has been located as far from the wetland as possible with consideration for the site’s physical constraints. They also noted that the proposed dwelling would appear to be outside the extent of the erosion hazard associated with the slope. Cataraqui Conservation confirmed that a permit will be required under O. Reg. 148/06 for the dwelling and sewage system.

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

Planning Analysis The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. It is the opinion of Planning staff that the proposal meets the four tests as explained below.

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Township of South Frontenac Staff Report - PL-ZNA-2024-0008, Paul Larmon (Shannon Ireland Frasso and Tyler Larouche), 5407 Opinicon Road, Storrington District

Does the variance maintain the general intent and purpose of the Official Plan? The proposed variances maintain the general intent and purpose of the Official Plan related to rural residential development, and development adjacent to environmentally sensitive areas. The variances would facilitate construction of a dwelling and related sewage system on lands that are designated Rural in the Official Plan on Schedule A. The proposed dwelling would be in a location that minimizes its setback from Opinicon Road and maximizes its setback from the highwater mark of the wetland and the steep slope, as intended by section 5.2.7(b) of the Official Plan. The sewage system would be setback at least 30 metres from the wetland. Does the variance maintain the general intent and purpose of the Zoning By-law? The proposed single detached dwelling is a permitted use in the RU zone. It is not possible to achieve all setback requirements on the subject property due to its shape and the location of the wetland and steep slope. The footprint of the proposed dwelling was minimized in order to maximize its setback from the wetland, as well as from the front lot line. The proposed dwelling will be setback an adequate distance from the front lot line/road to ensure it is not a hazard. The proposed variances maintain the general intent and purpose of the Zoning By-law. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The requested variances are desirable for the appropriate development of the land. The design and location of the proposed dwelling on the property ensures that development will maximize the required setback from the wetland as well as from the front lot line. The dwelling will also be the minimum distance required by Hydro One from the hydro line that runs across the frontage of the property. The building will be located in an appropriate area where there are no impacts anticipated on the subject or abutting properties. Is the variance minor? The requested variances are minor as they maintain the general intent and purpose of the Official Plan and Zoning By-law and are desirable for the appropriate development of the land. The development of the property will have no impacts on surrounding land uses. The request for the reduced setback from the front lot line will not impact the road network.

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Township of South Frontenac Staff Report - PL-ZNA-2024-0008, Paul Larmon (Shannon Ireland Frasso and Tyler Larouche), 5407 Opinicon Road, Storrington 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 minor variance application PL-ZNA-20234-0008 for 5407 Opinicon Road, subject to the following conditions.

The minor variance is for a single detached dwelling. The dwelling is permitted to establish a minimum 12.5 metre front yard, and to be setback a minimum of 25 metres from the highwater mark of a wetland. The location of the dwelling on the property must be consistent with the application sketch provided with the application.
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 wetland 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 wetland and along the steep slope, except in the immediate area of the building envelope.
A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac.
Minor variance PL-ZNA-2024-0008 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws.

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Page 129 of 189

Township of South Frontenac Staff Report - PL-ZNA-2024-0008, Paul Larmon (Shannon Ireland Frasso and Tyler Larouche), 5407 Opinicon Road, Storrington District

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

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LOUREIRO / MASON DWELLING PERMISSION APPLICATION FEB. 6, 2014 DESCRIPTION The following seeks permission to enlarge the legal non-conforming use located within 30m of Desert Lake. The subject property is developed with a single 1.5 storey dwelling and a detached garage. There are a timber-frame screened porch and a deck attached to the existing dwelling. The proposed enlargement would consist of the following:

Demolish the existing dwelling;
Retain the existing timber-frame screened porch.
Retain the existing deck and add to it.
Construct a new dwelling attached to the retained screened porch and deck. The new dwelling would be constructed on the footprint of the existing dwelling and therefore encroach no further towards Desert Lake. The proposed dwelling is designed to work with the existing topography and to minimize disturbance of the existing mature deciduous trees on the east and west sides of the proposed location. EXISTING STRUCTURES Existing 1.5 Storey House to be demolished.

Existing Timber-frame Screened Porch to be retained

Existing Deck To be retained

Ground Floor Area (m2)

72 m2

18.3 m2

62.0 m2

Height (m)

7.0 m

4.5 m

n/a

Highwater Mark Setback

20.0 m

22.6 m

15.0 m

Lot Coverage (%)

0.07%

0.02%

n/a

Proposed 1-Storey House

Existing Screened Porch to be retained

Deck Retained & Proposed

Ground Floor Area (m2)

275 m2

18.3 m2

62.0 m2 + 22.1 m2

Height (m)

7.0 m (maximum)

4.5 m

n/a

Highwater Mark Setback

20.0 m

22.6 m

15.0 m

Lot Coverage (%)

0.26%

0.02%

n/a

PROPOSED STRUCTURES

(613) 623 2336

71 Carss St., Arnprior, ON, K7S 2G8

www.white.ca

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141.0

139.9

141.3 1037.6

137.0

Red Oak

136.9

139.9

141.1

138.0

140.2

1 4 1 . 3

137.2

0.5Ø

136.8

141.5

0.25Ø

140.2

137.9

18.3 m2

140.3

136.3

0.3Ø3

140.9 2 140.7 2

Existing Timber-frame Screened Porch

140.3

138.7

0.25Ø

REVISIONS

140.3

Sugar Maple

8 135.2

140.9

137.1

Sugar Maple

140.4

36.6 Sugar Maple 8

9 136.4

140.9

1 0.8 1404 .68 2

140.6

139.8

136.2

WAT1E36 R.27

136.4

139.3

141.7

0.3Ø

140.5

Sugar Maple

TER S

ETBA CK TO

139.2

3 2 1

136.3

141.4

139.6

140.0

140.5 9 140.4 5 136.3 5

138.5

140.7

136.5

30 M E

T E M

140.6

2 137.6

138.4

140.4

140.2 2 3

140.2 0

140.6

140.5

1400.35Ø .65

113399.2 .279 4 8

E l ev .

140.8

140.6

139.4

S Y S

GROSS FLOOR AREA 267.7 m2 137.3 2 5 FLOOR AREA outside 30 M setback 169.9 m

TO WA TE

White Spruce

136.7

37.2

136.2

Sugar Maple

TB AC K

140.6

140.1

40.7

136.7

139.0

T I C

TE WA TO

136.6

139.6

P R1 O 1P O S E D 0 N E - S T O R E Y D W E L L I N G

DOWN UP

138.1

1 136.4

139.8 6

140.5

140.1

139.6

136.6

Post 138Light .97

S E P

140.9

136.9

136.8 of Bank Top5 Anchor

136.3

0.55Ø

EXISTING T IMBER FR A ME P O R C H RELOCATED

136.2

CK BA ET

138.8

136.7

139.1

136.9

136.3

140.4137.02 8

0.3Ø

136.5

Balsam Poplar

S E D

RS TE

136.3

O P O

0.35Ø

139.2

138.2

136.8

136.4

138.8

139.7

0.45Ø

139.7

0.35Ø

0.3Ø

136.8

139.1

0.4Ø

139.7 Sugar Maple Sugar Maple 6 Sugar Maple 139.8

Anchor

138.1

138.0

136.7

0.5Ø

139.9

135.3

136.3

139.7

139.0

137.6

Sugar Maple

139.1

135.8

136.2

Sugar Maple

135.3

138.1136 9 .46

0.3Ø

137.9

136.8

137.6

Red Oak

139.0

135.4

Sugar Maple

138P .6

138.6

0.7Ø

4 Sugar Maple 3

137.7

136.7 136.8

138.4

Red Oak

136.8 137.3 2 3

141.5 137.2 5 9

R TE WA TO

137.2

135.6

CK BA ET

137.3

9 137.0

0.7Ø

135.4

136.2

RS TE

136.2

136.8

136.9

P IN 3 6 2 5 2 - 0 4 2 4 (LT)

136.7

Red Oak

R TE WA TO

135.7

P A R T 1 , P L A 14N

17 6 7 0.44 1 3 R

0.3Ø

136.7

136.6

CK BA ET

141.7

136.8

RS TE

137.2

135.8

137.0

Light Post

0.5Ø

135.8 135.5

138.4

136.7

136.6

136.4

139.3

65'-

Anchor

135.8

0.25Ø

136.8136 5 .37

Sugar Maple

1 135.9 0

136.0

74'-

136.6

135.4

1 136.7

136.3

135.8

13 8

136.2 7 137.0 7

136.6 136.6 136.7Maple Sugar 6 8 2

140.2

5 136.4

13 9

136.2

135.9

135.8

136.8

0.3Ø

136.9

136.7

136.6

14 1

137.0

Sugar Maple

136.6

DOWN

136.6

136.5

Existing Frame Garage

136.7

135.9

136.8

139.6

136.9

136.7

139.8

Firewood Shed

136.3

137.6

UP 2 DOWN1

139.6

136.8

136.2

E M

136.8

12 RISERS (6")

Y S T

I C S

136.7

137.6

E D S E P T

136.3

R TE WA TO

136.8

P O S

137.2

CK BA ET

P R O Anchor

137.6

13 8

Light Post

136.9

139.8

136.8

136.7

136.3

136.2

137.0

136.8

1 137.2

139.2 140.0

137.2

136.9

136.4

137.0

Plastic Shed

1 136.2

136.7

137.0

12 RISERS (6")

136.4

4 14 9

137.0

140 141 14 2 143

136.7

135.3

136.5 136.74 0

www.white.ca

140.1

136.2

136.9

P IN 3 6 2 5 2 - 0 4 2 4 (LT)

136.8

135.2

135.3

14 0

Light Post

137.1

T (613) 623 2336 4

14 1

3 137.8

135.3

136.6

135.8 7

137.0

UP 2 DOWN 1

136.3

14 0

135.4 135.6

12 RISERS (6")

136.4

137.0

13 7

135.8

144.2

136.7

135.8 1347.7 8

136.8

138.1

135.6 1

13 6

135.4

137.0

71 CARSS STREET ARNPRIOR, ON, K7S 2G8

140.4

97’-4"

135.3

12 RISERS (6")

136.6

135.9

DOWN

136.6

138.5

RICHARD WHITE ARCHITECT

9 13

137.0

136.7

135.4

136.0

136.8

136.7

140

136.7

dge

136.6

Existing Frame Garage

135.7

T ER

’s E

139.6

136.7

135.9

S DE

ter Wa

136.9 139.6

137.1 1

Firewood Shed

136.7

136.3

141

136.8

135.8

135.9

135.5

135.3

29.68

136.8

139.8

135.9 5

136.6

135.4

142

136.7 137.2

143

139.8 0

135.4

135.9

8 138.5

140.0

is tin D gW oc k oo

137.0

136.4

DOWN UP

136.9

7 6 5 4 3 2 1

137.6

is tin D gW oc k oo

135.8

136.9

144.2

DOWN

139.7

13 7 135.7

SCALE : 1 = 150

135.1

DESERT LAKE

Page 145 of 189

DESERT LAKE

Existing Wood Dock

135.7

SCALE : 1 = 150

135.7 2

135.7

2 135.7

Existing Wood Dock

135.7

A1.8

103,488.2 m2

136

136.08

136.56 136.56

136.31

135.52

135.87 Anchor 135.61

135.74

136.40 135.28

136.11

135.93

136.32

136.14 Anchor

135.92

135.46

137

136.02

135.29

136.30

135.39

138

136.41

135.37

135.87

PART 2,

PLAN

138.40

13R-19352

139

136.29

135.32 135.86

136.00

137.24

136.30

139.75

135.49

136.47

135.35

135.97

138.56

136.61

LAKE DESERT

136.33

140

139.84

137.11

126.6

135.31

Slope 10%

127.1

135.99

126.8

137.08

127.2

Slope 8%

135.68

Slope 8.5%

Slope 3%

138.53

140.44

127.0 Water’s

137.78

141

Edge

127.5

DECK EL - 128.5

127.2

135.37

136.54

7% 127.7

127.4

Slope 10%

Slope

Slope 3%

142

127.7

137.19

P0RCH EL - 128.5

137.80

137.00

Slope 8%

127.3

Slope 7%

127.2

137.07

137.66

137.08

Plastic Shed

Slope 2%

143

137.05

140.10

127.5

137.21

137.06

127.7

127.65 135.82

Slope 3%

144

136.91

127.5

127.6

Dock Wood

Existing

135.82

136.99

144.21

128.35

137.66

135.91 137.04

136.98

135.90

128.35

Slope 7.5%

127.6

Slope

128.3

139.80

140.00

128.48

127.9

127.7

143

135.88

Slope 2%

127.6

135.45

135.54 136.74

136.87

135.79

135.46

127.7

135.98

Slope 3%

142

137.21

128.35

136.83

Slope

127.8

136.01

127.95

141

Slope 2.5% Firewood Shed

127.8

136.73

136.66

136.73

136.68

136.73

135.41

135.84

140

128.25

136.64

136.91

135.40

136.72 135.34

136.65

135.84

139.69

127.9

135.62

135.31 135.83

139.60

Slope

Existing Frame Garage

137.00 136.75

128.35

136.70

128.0

Slope 3%

136

P A R T 1, P L A N 1 3 R - 1 7 6 7 136.33

128.0

136.42

136.82

128.4 136.66 Light Post

P IN 3 6 2 5 2 - 0 4 2 4 (LT)

128.1

128.0

136.72

Slope 2%

Slope

137.25

128.3

139

136.20

137

137.07

136.85

138

128.2

139.83

128.1

136.26

128.3

136.79 136.81

136.46

138.48

140.27

139.20

139

136.72

136.24

136.48

136.34

136.30

128.27

136.83

136.96

136.74 Light Post

137.61

128.19

30 TO

138

SETBACK

140

METER

136.80

WATER

136.86

P O S

E D S E P

136.33

29.7

P R O Anchor

T I C

S Y S

139.31

136.29

T E M

141.78 136.81

137.64

136.58

136.81

140.44

141

137.02

136.68

136.29

136.27

136.90

141.59

136.45

136.85

136.37

30 METER SETBACK

136.63

136.49

136.62 12 RISERS (6")

WATER

Anchor

136.76 137.02

138.19

LOT

137.77

139.19

LOT 2

136.67 137.22

140.42

139.01

138.19

137.32

139.66

136.84

138.97

136.76 138.62 141.47 12 RISERS (6")

137.35

138.64

140.22 140.23

137.25

138.43 139.05

140.60

137.94

140.48 UP

139.96

30 METER

SETBACK TO WATER

EXISTING T IMBER FR A ME P O R C H RELOCATED

139.73 138.00

137.64

DOWN

139.78

139.10

136.26

140.33

139.76

140.94

Top of Bank

139.83

136.35

140.50

139.76

141

137

138.15

140.99

140.26

Existing Frame Shed

139.75

136.79

140.84

PR OPOSED 0NE-STOREY DWELLING 140.51 140.77

138.89

E l ev .

1 4 1 . 3 30

METER SETBACK TO

138.29

METER

WATER

140.60

SETBACK 140.01

WATER

140.16

FLOOR GROSS AREA outside FLOOR30 AREA M setback 267.7 169.9 m2 m2

136.35

140.78

140.87

139.15

140.73

140.56

138.88

140.03

139.81

30 METER SETBACK TO WATER Sugar Maple

140.37

139.67

141.14

DOWN

140.72

Propane Tank

141.30

140.92

140

140.69

140.64

141.00

141.10

140.04

140.94 141.31

136.91

140.72

140.82

135.26

Propane Tank

140.68

30 METER

140.03

141.04

140.36

136.46

SETBACK

TO WATER

140.40

140.68

140.98

139.07

139.78

140.93

140.65

141.10

140.85

141.13

140.90

140.13

141.30

140.49 Concrete Pad w/Generator

141.31

140.90

140.66 140.63

E x i s t i n g 1. 5 S t o r e y H o u s e t o b e d e m o l i s h e d 139.24 139.27 139.29 139.28

139.77

140.63

139

139.22

140.59 140.80

Existing Timber-frame Screened Porch

140.45

139.41

136.57

139.32

138.46 140.33

140.02

139.68 139.19 138.57

140.24

140.78

138.27

140.23

138.50

139.22

138.65

140.34

DOWN

141.30

138

140.34

136.35 1

140.75

139.59

DOWN

140.23

139.96

139.89

140.34

139.66

140.33

Proposed Wood Deck

140.70

141.30

140.73

140.33

138.08

140.73

137.12 140.73

71.9 m2 141.31

139.99

138.44

E x i s t i n g 1. 5 S t o r e y H o u s e t o b e d e m o l i s h e d

137

139.02

139.93 141.31

E x i s t i n g W o o d

137.95

138.38

141.10

141.30

139.97

D e c k

139.45

139.52

136.48

139.65

E l ev .

1 4 1 . 3

137

137.16

30.2

141.31

136.93

138.79

139.14

136.96

141.32

136.53

137.07

141.31

141.31 141.32

136.48

138.43

141.31

141.33

26.8

19.0

138.07

137.66

137.01

138.91

137.61 137.31

138.93

136.98

136.90

136.40

137.00

136.26 of

24.9

Top

Bank

137.36 136.68

137.94

136.77

20.0

136.82

138.78

139.24

136.94

138.68 138.86

21.7

21.6

Water’s

136.84

Edge

137.64

138.29 136.77

Boat Rack

136.80

138.38

136.79 136.50

136.79

137.88

138.52 138.52 138.51

136.40

136

138.52

136.41

136.73

138.18

136.73

Stairs

138.22

136.22

135.57 138.19 136.84

138.19

136.48

136.92 136.99

137.01 136.96

137.83

138

Top of Bank 136.56

136.99

136.92 137.63

137.84

137.70

137.56 136.04

136.42

3 ION CONCESS

137 135.17

3 135.73

TRAVELLE

IONS

(NOT

135.72

CONCESS

DESERT LAKE

BETWEEN

ALLOWANC ROAD

Existing Wood Dock

135.73

135.71

136.54

136.84

Page 146 of 189

DOWN

73’-8"

11’-11"

61’-9"

RICHARD WHITE ARCHITECT

EXISTING TIMBER FRAME PORCH RETAINED / MOVED

71 CARSS STREET ARNPRIOR, ON, K7S 2G8 T (613) 623 2336 www.white.ca

N BATHROOM 2 11 NA: 70 sq ft

MECH. ROOM 12 NA: 96 sq ft

MUDROOM 13 NA: 94 sq ft

BATHROOM 1 15 NA: 94 sq ft

WALK-IN CLOSET 16 NA: 94 sq ft

BEDROOM NORTH 18 NA: 231 sq ft 19’-8"

BEDROOM WEST 10 NA: 154 sq ft

5’-2"

OFFICE 9 NA: 151 sq ft

ENTRY 1 NA: 56 sq ft

PROPOSED TIMBER FRAME ENTRY PORCH 52 SF

LOBBY / HALL 3 NA: 229 sq ft

TV ROOM 7 NA: 185 sq ft

BEDROOM EAST 17 NA: 231 sq ft

3’-11"

13’-6"

DOWN

6’-3"

14’-0"

3’-11"

HALLWAY 14 NA: 60 sq ft

CLOSET 2 NA: 40 sq ft

REVISIONS E X I S T I N G 1. 5

S T O R E Y C O T T A G E D E M O L I S H E D

1 2 3 KITCHEN 4 NA: 265 sq ft

LIVING ROOM 5 NA: 263 sq ft

4 13’-6"

SCREENED PORCH 8 NA: 197 sq ft

EXISTING TIMBER FRAME PORCH RETAINED D-15

3’-0" 7’-0"

DATES ISSUED DESIGN

MARCH 5, 2024

DOWN

90% W.D.

11’-3"

1’-6"

DEBRA MASON TONY LOUREIRO

1’-4"

28’-5"

13’-6"

5’-3"

PROPOSED DECK ADDITION 238 SF

EXISTING DECK AND GUARDRAIL EXISTING DECK AND GUARDRAIL

19’-8"

18’-0"

325 Spruce Lane South Frontenac ON, K0H 1W0

18’-0"

73’-8"

14’-3"

14’-0"

CONSTRUCTION

LOUREIRO MASON DWELLING

3’-10"

DINING ROOM 6 NA: 223 sq ft

9’-8"

TENDER 13’-6"

DOWN

FOR PERMIT

SCHEMATIC 1st STOREY FLOOR PLAN Page 147 of 189

42’-10"

5’-3"

SCHEMATIC 1st STOREY FLOOR PLAN

1/4" =

1’-0"

A3.1

RICHARD WHITE ARCHITECT 71 CARSS STREET ARNPRIOR, ON, K7S 2G8 T (613) 623 2336

Maximum 7.00

www.white.ca

+141.30 2 1st STOREY

A V E R A G E LINE OF G R A D E

REVISIONS

1 1

NORTH ELEVATION

1/4" =

1’-0"

2 3 4 5

DATES ISSUED DESIGN

FEB. 14, 2024

90% W.D. Maximum 7.00

FOR PERMIT TENDER CONSTRUCTION

LOUREIRO MASON DWELLING +141.30 2 1st STOREY

A V E R A G E LINE OF G R A D E

DEBRA MASON TONY LOUREIRO 325 Spruce Lane South Frontenac ON, K0H 1W0

NORTH & WEST ELEVATIONS

Page 148 of 189

WEST ELEVATION

1/4" =

1’-0"

A4.2

RICHARD WHITE ARCHITECT 71 CARSS STREET ARNPRIOR, ON, K7S 2G8 T (613) 623 2336

Maximum 7.00

www.white.ca

+141.30 2 1st STOREY

A V E R A G E LINE OF G R A D E

REVISIONS

1 1

SOUTH ELEVATION

1/4" =

1’-0"

2 3 4 5

DATES ISSUED DESIGN

FEB. 14, 2024

90% W.D.

Maximum 7.00

FOR PERMIT TENDER CONSTRUCTION

LOUREIRO MASON DWELLING DEBRA MASON TONY LOUREIRO 325 Spruce Lane South Frontenac ON, K0H 1W0

+141.30 2 1st STOREY

A V E R A G E LINE OF G R A D E

SOUTH & EAST ELEVATIONS

Page 149 of 189

EAST ELEVATION

1/4" =

1’-0"

A4.1

From: To: Subject: Date:

planning Notice of Hearing Application PLZNA20240019 March 8, 2024 9:29:40 AM

TO: Kate Kaestner Secretary-Treasure, Committee of Adjustment FROM: Duane Krueger Concerning the letter that we received for the notice of hearing on a Minor Variance/Permission Application PLZNA20240019 which will be held on March 14, our property at 7646 Deyos Road is next to 325 Spruce Lane in South Frontenac. We will not be able to attend the hearing but would like to go on record as being in favor of the application. Thank you for notifying us of this hearing. Duane Krueger

Page 150 of 189

March 5, 2024

File: MV/FRS/32/2024

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

Application for Permission (S. 45(2)) PL-ZNA-2024-0019 (Loureiro & Mason) Pt Lot 2, Concession 3; 325 Spruce Lane Bedford District, Township of South Frontenac Waterbody: Desert 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 the reconstruction and expansion of an existing legal non-confirming residential dwelling and attached deck on the subject property. The permission is requested to: •

Reduce the required setback from the highwater mark from 30 metres, as required by Section 5.8.2.a) of the South Frontenac Zoning By-law, to 21.6 metres to permit the construction of the new building and attached deck.

Site Description The subject property is located on the north shore of Desert Lake and is situated on Precambrian Shield, on a peninsula of land next to a series of islands. The property consists of an undulating topography and is densely covered in mature tree growth. There is currently an existing dwelling, garage, and shed on the property. The property is designated Rural on Schedule A of the Township of South Frontenac Official Plan and zoned Rural (RU) in the implementing Zoning By-law. Desert Lake itself is identified as a moderately sensitive Lake Trout Lake in the Official Plan and is zoned ‘Environmental Protection’ (EP) in the Zoning By-law. Discussion Cataraqui Conservation’s scope of review for this proposal includes the avoidance of natural hazards (e.g. flooding and erosion) associated with the shoreline of Desert Lake. Page 1 of 2

Page 151 of 189

Natural Hazards Flooding: The highest recorded water level for Desert Lake is 136.31 metres geodetic. For Desert Lake, the highest recorded water level is used in lieu of an engineered flood plain. CRCA planning and permitting policies require all development and site alteration to be setback 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 the regulatory floodplain and applicable setback. Erosion: CRCA, in accordance with provincial technical standards, defines the extent of potential erosion hazards to include an allowance for toe erosion (2 metres), a stable slope allowance for till shorelines of 3(h):1(v), plus an erosion access allowance of 6 metres. Based on an estimated 1.5 metre high shoreline embankment, the total erosion hazard allowance is 12.5 metres measured horizontally inland from the toe of slope. Staff note that the proposed development will be located outside the extent of the erosion hazard limit. If approved, staff recommend that proper sediment and erosion controls be incorporated into construction plans. We also recommend the maintenance and enhancement of a healthy buffer of native vegetation between the development and the shoreline, to stabilize the soils in the long-term. Recommendation In summary, staff have no objection to the approval of application PL-ZNA-2024-0019 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 flooding and erosion, and that the changes do not put other properties at greater risk from these hazards. For this property, any development (buildings and structures) and site alteration (excavation, grading, placement of fill) within 15 metres from the floodplain of Desert Lake (the elevation 136.31 m GSC) and within 21.5 metres of the toe of slope is subject to O. Reg. 148/06. The applicants are advised to contact our office at the building permit stage to confirm regulatory 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

Page 152 of 189

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

Sewage System Review Comments To:

Secretary-Treasurer, Committee of Adjustment Township of South Frontenac 4432 George Street, PO Box 100 Sydenham, Ontario K0H 2T0

Application Number:

PLZNA20240019

Type of Application or Proposal:

Minor Variance

Applicant: (if applicable) Agent:

Location:

LOUREIRO ANTONIO P R

102902004001001 325 SPRUCE LANE, SOUTH FRONTENAC BEDFORD CON 3 PT LOT 2 RP;13R1767 PART 2 PT PART 1 RP;13R19352 PT PART 2 DESERT;LAKE

The existing sewage system is undersized for the proposed development. Comments:

If the minor variance application is approved, the applicants will need to apply for and obtain a sewage system permit for a new Class 4 sewage system that complies with Ontario Building Code requirements.

Building Inspector: Matthew Doyle Date:

March 01, 2024

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To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: March 14, 2023 Permission Application (S. 45(2) of the Planning Act) Subject: PL-ZNA-2024-0019, Loureiro and Mason (Preston), 325 Spruce 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 and attached deck 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 and attached deck on the property within 30 metres of the highwater mark of Desert 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 5ha with more than 900m of frontage on Desert Lake and is accessed from Spruce Lane. The property contains an existing dwelling with an attached deck, as well as a detached garage and shed. The property is an irregularly shaped peninsula with undulating topography that is nearly entirely surrounded by water. The existing development on the property is located near the western end of the lot. The location of the existing and proposed dwelling is on top of a knoll. The property contains 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-2024-0019, Loureiro and Mason (Preston), 325 Spruce Lane, Bedford District

mature tree cover and is primarily undisturbed. The property is located in an area of similar waterfront residential development. 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 Desert Lake. The existing 72sqm 1.5 storey dwelling is to be demolished and replaced with a 275sqm single storey dwelling. An area of approximately 170sqm of the proposed dwelling is to be located outside the 30m setback from Desert Lake. An existing 18.3sqm porch and 62sqm deck that were attached to the existing dwelling are to be remain and are to be attached to the proposed dwelling. The attached deck is also to be expanded by 22sqm. The height of the proposed dwelling will not be increasing from the current dwelling height of 7m. A new septic system is proposed to service the development and will be located outside the 30m setback. Agency Comments Cataraqui Conservation provided comments stating they have no objection to approval of the application. They note that the proposed development is located outside any flooding or erosion hazard on the property. 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. The application was circulated to Building Services who advised that the existing sewage system in undersized for the proposed development and that if the minor variance application is approved, the owners will need to apply for and obtain a sewage system permit for a new Class 4 sewage system that complies with Ontario Building Code requirements. 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 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-2024-0019, Loureiro and Mason (Preston), 325 Spruce Lane, Bedford District

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

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

The proposed dwelling and deck will be located no closer to the water than the existing development as it maintains or exceeds the existing 20m setback from the highwater mark of the existing dwelling. The existing dwelling is 72sqm in area and the proposed dwelling is 275sqm. Approximately 170sqm of the floor area of the proposed dwelling is to be located outside the 30m setback. There would be minimal opportunity to increase the set back further as the property is a peninsula with water on multiple sides. The dwelling is expanding to the north where it is coming up against the 30m setback from the northern shoreline. The building location minimizes the amount of site disturbance and the amount of vegetation removal that would be required as there is overlap of the existing and proposed building footprints. Regarding lot coverage, the proposed dwelling footprint is larger than the existing dwelling and lot coverage will be increasing from 0.3% to 0.7% as a result of the development. The existing dwelling is a 1.5 storey structure and the expanded dwellings will be one storey structure. The building height will be maintained at 7m 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 and attached deck 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-2024-0019, Loureiro and Mason (Preston), 325 Spruce Lane, Bedford 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 That the Committee of Adjustment receive comments from the public and, pending comments received, approve for application PL-ZNA-2024-0019 for 325 Spruce Lane, subject to the following conditions.

Permission is granted to enlarge the legal non-conforming dwelling and attached deck on the subject property. The replacement dwelling is permitted to have a 275 square metre ground floor area, a maximum building height of 7 metres, and be set back a minimum of 20 metres from the high water mark of Desert Lake, and the attached deck is permitted to have a 85 square metre ground floor area, consistent with the submitted plans (Site Planning A1.8 - Richard White Architect dated February 14, 2024) that will be attached to the Decision as Schedule “A”.
The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated. b. Roof runoff will be directed away from the shoreline of Desert 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. Maintenace of existing natural vegetation 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.

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-2024-0019, Loureiro and Mason (Preston), 325 Spruce Lane, Bedford District

Report Prepared By: Tom Fehr, Planner

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

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Inset Inset Map Map MES W

I L SO

OA D NR

Kingsford Lake

CANOE LAKE RD

46 DOGWOOD LANE

CANO E L

AK E

RO AD

Eel Lake

EL L S GROV

O WO

G DO

PL-ZNA-2024-0020 (SOLENKA & COSSA)

Birch Lake 42 DOGWOOD LANE

32 DOGWOOD LANE Legend Subject Property

8910 CANOE LAKE RD

Provincially Significant Wetland Wetland Wooded Area Lake Trout Lake - At Capacity Lake Trout Lake - Not at Capacity 32 DOGWOOD LANE

Non-Lake Trout Lake - At Capacity Waterbody Township Boundary Road

Kingsford Lake

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

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

Scale: 1:500 0

20 m

UTM Zone 18 NAD 83 Date: 2024-02-22

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March 5, 2024

File: MV/FRS/34/2024

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

Application for Permission (S. 45(2)) PL-ZNA-2024-0020 (Solenka & Cossa) Pt Lot 4, Concession 6; 32 Dogwood Lane Bedford District, Township of South Frontenac Waterbody: Kingsford Lake and Unevaluated Wetland

Cataraqui Conservation staff have reviewed the above-noted application for permission and provide the following comments for the Committee of Adjustment. Proposal The proposal involves the expansion and relocation of an existing legal non-confirming accessory building on the subject property. The permission is requested to: •

Reduce the required setback from the highwater mark from 30 metres, as required by Section 5.8.2.a) of the South Frontenac Zoning By-law, to 13.7 metres to permit the construction of the new building.

Site Description The subject property is located on a peninsula of land on the western shore of Kingsford Lake in South Frontenac Township. To the north of the property is an inlet which appears to contain wetland vegetation. The topography of the property is relatively flat. There is currently an existing dwelling and accessory structure on the property. The property is designated Rural on Schedule A of the Township of South Frontenac Official Plan and zoned Limited Service Residential – Waterfront Zone (RLSW) and Waterfront Residential (RW) in the implementing Zoning By-law. Discussion Cataraqui Conservation’s scope of review for this proposal includes the avoidance of natural hazards (e.g. flooding and erosion) associated with the shoreline of Kingsford Lake and the protection of the hydrologic function of the unevaluated wetland.

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Natural Hazards Flooding: The highest recorded water level for Kingsford Lake is 136.31 metres geodetic. For Kingsford Lake, the highest recorded water level is used in lieu of an engineered flood plain. CRCA planning and permitting policies require all development and site alteration to be setback 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 the regulatory floodplain and applicable setback. Erosion: CRCA, in accordance with provincial technical standards, defines the extent of potential erosion hazards to include an allowance for toe erosion (2 metres), a stable slope allowance for till shorelines of 3(h):1(v), plus an erosion access allowance of 6 metres. Based on an estimated 0.5 metre high shoreline embankment, the total erosion hazard allowance is 9.5 metres measured horizontally inland from the toe of slope. Staff note that the proposed development will be located outside the extent of the erosion hazard limit. If approved, staff recommend that proper sediment and erosion controls be incorporated into construction plans. Unevaluated Wetland / Ontario Regulation 148/06 As noted above, there is an unevaluated wetland in the inlet to the north of the property. CRCA’s Guidelines for Implementing Ontario Regulation 148/06 typically require new development and site alteration to be set back a minimum of 30 metres from an unevaluated wetland, to protect the hydrologic function of wetland. However, development associated with the reconstruction of a building or structure may be permitted within 30 metres of a wetland on a constrained lot if the proposed development does not encroach further into the setback from the wetland boundary than existing development and if the interference on the hydrologic function of the wetland has been deemed to be acceptable by Cataraqui Conservation. Based on the site plan submitted with the application, the proposed accessory structure will be moved further back from the extent of the northern wetland, closer towards the southern shoreline. Staff do not anticipate any negative impacts to the hydrologic function of the wetland as a result of the proposal. Recommendation In summary, staff have no objection to the approval of application PL-ZNA-2024-0020 based on our consideration for natural hazard policies. We also recommend implementation of the above-noted environmental mitigation measures (in bold text) and advise the applicant that a CRCA permit is required for the proposed development under O. Reg. 148/06. Ontario Regulation 148/06 Please note that portions of the subject lands are subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses,

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which is administered by the CRCA. The purpose of the regulation is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected by natural hazards, such as flooding and erosion, and that the changes do not put other properties at greater risk from these hazards. For this property, any development (buildings and structures) and site alteration (excavation, grading, placement of fill) within 15 metres from the floodplain of Kingsford Lake (the elevation 136.31 m GSC), within 18.5 metres of the toe of slope, and within 30 metres of the unevaluated wetland is subject to O. Reg. 148/06. Therefore, a permit will be required from our office should the application be approved. Please inform this office of any decision made by the Committee with regard to this application. If you have any questions, please contact the undersigned at 613-546-4228 ext. 239, or by e-mail at jtreash@crca.ca. Yours truly, Janelle Treash Resource Planner

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From: To: Subject: Date: Attachments:

FOSTER Chad Tom Fehr RE: 32 Dogwood Ln March 8, 2024 7:42:50 AM image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.png image009.png

Yes, that is correct. Chad From: Tom Fehr tfehr@southfrontenac.net Sent: Friday, March 8, 2024 7:36 AM To: FOSTER Chad Chad.FOSTER@HydroOne.com Subject: RE: 32 Dogwood Ln You don’t often get email from tfehr@southfrontenac.net. Learn why this is important

*** Exercise caution. This is an EXTERNAL email. DO NOT open attachments or click links from unknown senders or unexpected email. *** Thanks Chad. So to clarify, if they are seeking to meet the horizontal (X) distance then the requirement is a 1.88m setback and this number includes the swing of the line? Regards,

Tom Fehr

Planner Development Services Township of South Frontenac p: +613-376-3027 ext. 2350 e: tfehr@southfrontenac.net a: 4432 George St., Box 100, Sydenham, ON, K0H 2T0 www.southfrontenac.net

Please consider the environment before printing this email

From: FOSTER Chad Chad.FOSTER@HydroOne.com Sent: Friday, March 8, 2024 7:31 AM To: Tom Fehr tfehr@southfrontenac.net Subject: 32 Dogwood Ln Hi Tom,

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In drawing below for the overhead conductor in question at property for new sched construction. “X” distance is 1m

max Swing of #2 Triplex at 38m span of 80cm for total distance of 1.88m for X value on drawing. “Y” distance is 2.5m + max sag of #2 triplex at 38m span of 66cm for total distance of 3.16m for Y. In this scenario its either X or Y they need to comply by, not both. So, the sched will not be as high as the existing triplex line crossing property therefor they will only need to comply to “Y” distance on drawing. Red circle on drawing below to show if line above “X” then only needs to comply to “Y” distance.

Please don’t hesitate to reach out if you have any questions, Thanks, Chad

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From: To: Subject: Date: Attachments:

Christopher Beeg Tom Fehr Re: 32 Dogwood Ln March 8, 2024 9:12:57 AM image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.png image009.png

Good morning Tom, Thank you for the details, they are sufficient. I think the only heads up that we should give the owner is that the setback must be marked on side by hydro or surveyor prior to footing inspection. Thank you Chris Beeg Building Inspector Township of South Frontenac p: +613-376-3027 ext. 2227 e: cbeeg@southfrontenac.net a: 4432 George St., Box 100, Sydenham, ON www.southfrontenac.net From: Tom Fehr tfehr@southfrontenac.net Sent: Friday, March 8, 2024 7:54:14 AM To: Christopher Beeg cbeeg@southfrontenac.net Subject: FW: 32 Dogwood Ln Hi Chris, Please see correspondence from Hydro below. Hydro is saying the minimum distance from the line including the swing of the line is 1.88m. Does this provide you the information you need? If so can you confirm so I can finalize the report today. Thanks,

Tom Fehr

Planner Development Services Township of South Frontenac p: +613-376-3027 ext. 2350 e: tfehr@southfrontenac.net a: 4432 George St., Box 100, Sydenham, ON, K0H 2T0 www.southfrontenac.net

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Please consider the environment before printing this email

From: Tom Fehr Sent: Friday, March 8, 2024 7:51 AM To: FOSTER Chad Chad.FOSTER@HydroOne.com Subject: RE: 32 Dogwood Ln Great thank you.

Tom Fehr

Planner Development Services Township of South Frontenac p: +613-376-3027 ext. 2350 e: tfehr@southfrontenac.net a: 4432 George St., Box 100, Sydenham, ON, K0H 2T0 www.southfrontenac.net

Please consider the environment before printing this email

From: FOSTER Chad Chad.FOSTER@HydroOne.com Sent: Friday, March 8, 2024 7:43 AM To: Tom Fehr tfehr@southfrontenac.net Subject: RE: 32 Dogwood Ln Yes, that is correct. Chad From: Tom Fehr tfehr@southfrontenac.net Sent: Friday, March 8, 2024 7:36 AM To: FOSTER Chad Chad.FOSTER@HydroOne.com Subject: RE: 32 Dogwood Ln You don’t often get email from tfehr@southfrontenac.net. Learn why this is important

*** Exercise caution. This is an EXTERNAL email. DO NOT open attachments or click links from unknown senders or unexpected email. ***

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Thanks Chad. So to clarify, if they are seeking to meet the horizontal (X) distance then the requirement is a 1.88m setback and this number includes the swing of the line? Regards,

Tom Fehr

Planner Development Services Township of South Frontenac p: +613-376-3027 ext. 2350 e: tfehr@southfrontenac.net a: 4432 George St., Box 100, Sydenham, ON, K0H 2T0 www.southfrontenac.net

Please consider the environment before printing this email

From: FOSTER Chad Chad.FOSTER@HydroOne.com Sent: Friday, March 8, 2024 7:31 AM To: Tom Fehr tfehr@southfrontenac.net Subject: 32 Dogwood Ln Hi Tom, In drawing below for the overhead conductor in question at property for new sched construction. “X” distance is 1m

max Swing of #2 Triplex at 38m span of 80cm for total distance of 1.88m for X value on drawing. “Y” distance is 2.5m + max sag of #2 triplex at 38m span of 66cm for total distance of 3.16m for Y. In this scenario its either X or Y they need to comply by, not both. So, the sched will not be as high as the existing triplex line crossing property therefor they will only need to comply to “Y” distance on drawing. Red circle on drawing below to show if line above “X” then only needs to comply to “Y” distance.

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Please don’t hesitate to reach out if you have any questions, Thanks, Chad

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To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: March 14, 2024 Permission Application (S. 45(2) of the Planning Act) Subject: PL-ZNA-2024-0020, Solenka and Cossa, 32 Dogwood 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 accessory building under section 45(2) of the Planning Act, subject to conditions.

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

Discussion/Analysis Property Description The subject property is located on a narrow peninsula extending into Kingsford Lake and is bound on two sides by water. The property has a lot area of 0.17ha with approximately 72m of frontage along the south shoreline and 64m of frontage on the north shoreline. The property is accessed from Dogwood Lane which intersects with Canoe Lake Road. The property contains an existing dwelling and an accessory building. The property slopes down to either shoreline with the existing development grouped in the middle of the lot. 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-2024-0020, Solenka and Cossa, 32 Dogwood Lane, Bedford District

towards the water and the lot contains mature tree cover. Dogwood Lane runs along the north shoreline of the property and extends along the peninsula where there are other properties similarly developed with waterfront residential uses. Summary of Proposal To request permission under Section 45(2) of the Planning Act to enlarge an existing accessory building. The existing accessory building is non-complying due to being located within 30m of the highwater mark of Kingsford Lake. The area of the structure will be decreasing slightly from 24sqm to 23.7sqm and the height of the structure will be increasing from 3.6m to 3.8m. The existing structure is located underneath a hydro line. In order to achieve compliance with the minimum clearance required from the hydro line the new structure will be moving closer to the water. The existing structure is set back 17.8m from the south shoreline and the new structure will be set back 13.7m from the shoreline. Agency Comments The application was circulated to Hydro One who had previously attended the site in 2021. Hydro One advised that based on the low voltage of the line and the minimal swing of the line that the building will be required to be set back 1.88m from the hydro line. The application was circulated to Building Services who advised that based on the comments received from Hydro One that they have no objection to approval of the application. They note that the owner will be required to have the 1.88m setback from the hydro line marked on site by either a surveyor or Hydro One prior to footing inspection. Cataraqui Conservation provided comments stating that they had no objection to approval of the application. 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 and RW in Zoning By-law No. 2003-75. The accessory building 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 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-2024-0020, Solenka and Cossa, 32 Dogwood Lane, Bedford District

accessory building is a legal non-conforming building because it was constructed prior to the current Zoning By-law and is setback 17.8m from the south shoreline and 9.8m from the north shoreline. Through its powers under section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the structure. The criteria for considering an application under Section 45(2) are:

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

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

In order to meet the minimum clearances required from the hydro line the proposed accessory building will be moving slightly closer to the south shoreline, while at the same time increasing the setback from the north property line. The proposed setback from both shorelines will be 13.7m locating the new accessory building equidistant between the two shorelines effectively maximizing the setback to both shorelines. Due to the narrow depth of the property, there would be no opportunity to increase the set back further. The building is located in an already cleared area thereby minimizing the amount of site disturbance and the amount of vegetation removal that would be required. Regarding lot coverage, the proposed footprint is slightly smaller than the existing accessory building and accessory lot coverage will be increasing slightly from 1.38% to 1.36% as a result of the development. The building height will slightly increase from 3.6m to 3.8m which is within the maximum permitted height of accessory buildings within 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 accessory building 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-2024-0020, Solenka and Cossa, 32 Dogwood Lane, Bedford 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 That the Committee of Adjustment receive comments from the public and, pending comments received, approve for application PL-ZNA-2024-0020 for 32 Dogwood Lane, subject to the following conditions.

Permission is granted to enlarge the legal non-conforming accessory structure on the subject property. The replacement structure is permitted to have a maximum floor area of 28 square metre, a maximum building height of 3.8 metres, be set back a minimum of 13.7 metres from the high water mark of Kingsford Lake and set back a minimum of 1.88m from the overhead power line, consistent with the submitted plans (Received March 1, 2024) that will be attached to the Decision as Schedule “A”.
The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated. b. Roof runoff will be directed away from the shoreline of Kingsford 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. That existing natural vegetation within 30 metres of the shoreline must be maintained.
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.

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-2024-0020, Solenka and Cossa, 32 Dogwood Lane, Bedford District

Report Prepared By: Tom Fehr, 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: March 14, 2024 Subject: Decisions on Delegated Consents

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

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

Discussion/Analysis a) PL-BDJ-2024-0005 (Denton) – Portland This undisputed consent was granted provisional consent on February 22, 2024. The purpose of this consent application was for one rural residential lot addition from property located at 4887 Petworth Road. The lot addition is to be 0.38 acres in area, and to be conveyed to adjacent lands at 4871 Petworth Road. Attachments Appendix A – Mapping of applications Report Prepared By: Kate Kaestner, Planning Clerk Report Approved By: Brad Wright, Director of Development Services

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Township of South Frontenac Staff Report - Decisions on Delegated Consents

APPENDIX A

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