Body: Committee of Adjustment Type: Agenda Meeting: Committee Date: November 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, November 14, 2024 Storrington Centre/Virtual Via Zoom .
Call to Order
a)
Resolution.
Adoption of Agenda
a)
Resolution.
Electronic Meeting Information
a)
The meeting will be live streamed at the following link: http://www.facebook.com/SouthFrontenacTwp/ Please visit the Virtual Committee of Adjustment Meetings page on the Township website for the link to register to be a participant in this meeting: https://www.southfrontenac.net/en/open-for-business/virtualcommittee-of-adjustment-meetings.aspx Instructions about participating via Computer, Laptop, Smartphone, Tablet and Telephone can be found at the above noted link as well.
b)
PowerPoint Presentation Staff has prepared a PowerPoint Presentation that will be displayed on the screen of the meeting, you can also follow along with the PDF version that is in the attachment of this agenda item.
Declaration of pecuniary interest
a)
There are none.
Approval of Minutes – October 10, 2024
a)
Resolution.
Consent Applications from a Previous Meetings: (if applicable)
New Consent Applications:
a)
PL-BDJ-2024-0106 (Grant) (Fotenn) - Portland District
5 - 114
115 159
Property Address: 5758 Road 38 Purpose & Effect of the Application: The proposal is to sever a new lot from the property, and for the lots to share the existing driveway. The severed parcel would be 1.1 hectares in area with 45 metres frontage on Road 38. The Owner intends to construct a house that contains two additional dwelling units on the new lot. The retained parcel would be 4.9 hectares in area with 36 metres frontage on Road 38. It would contain the existing house and accessory buildings.
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8.
Minor Variance / Permission Applications from a Previous Meetings: (if applicable)
New Minor Variance / Permission Applications:
a)
PL-ZNA-2024-0029 (Manson) (Liggett) - Portland District
160 187
Property Address: 1323 Howes Lake Lane Purpose & Effect of Application: To request permission under Section 45(2) of the Planning Act to enlarge the legal non-conforming seasonal dwelling within 30m of Howes Lake. The property contains a 60sqm seasonal dwelling with a 16sqm attached deck. The existing one-storey dwelling is 6.1m in height and is setback 11.4m from the highwater mark. The applicant proposes to demolish the existing dwelling and build a new fourseason dwelling in the same location. The proposed one-storey dwelling with walkout basement would have a ground floor are of 103sqm, a height of 8.6m and an 11.4m highwater mark setback. A new sewage system would be installed, setback ~21m from the highwater mark. The existing shed requires zoning relief to permit a 27m setback from the highwater mark, and a 1.6m setback from the side lot line. b)
PL-ZNA-2024-0107 (Grant) (Fotenn) - Portland District
188 224
Property Address: 5758 Road 38 Purpose & Effect of the Application: The proposal is to sever a new lot from the property, and for the lots to share the existing driveway. The severed parcel would be 1.1 hectares in area with 45 metres frontage on Road 38. The Owner intends to construct a house that contains two additional dwelling units on the new lot. The retained parcel would be 4.9 hectares in area with 36 metres frontage on Road 38. It would contain the existing house and accessory buildings. A minor variance is being requested to allow the lots to have less than 76 metres road frontage.
c)
PL-ZNA-2024-0110 (Deaves) (Solares) - Loughborough District
225 257
Property Address: 6438 Bedford Road Purpose & Effect of the Application: To request permission under Section 45(2) of the Planning Act to enlarge a legal non-conforming dwelling and attached deck located within 30m of the highwater mark of Deline Lake. The existing single storey dwelling has a ground floor area of 25sqm. The ground floor area of the proposed two storey dwelling will be 94sqm plus a 16.8sqm covered deck and 5.3sqm covered porch. The gross floor area of the proposed dwelling will be 188sqm plus a walkout basement which is not included in the gross floor area. The overall footprint of dwelling will be increasing from 25sqm to 116.1sqm. The height of the dwelling will be increasing from 4m to 8.1m. The proposed dwelling will maintain the existing 26.2m setback from the
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highwater mark of Deline Lake. d)
PL-ZNA-2024-0117 (Featherston) - Storrington District
258 284
Property Address: 2498 Sands Road Purpose & Effect of the Application: To request permission under Section 45(2) of the Planning Act to enlarge the legal non-conforming dwelling within 30m of Cedar Lake. Existing development consists of a dwelling with attached deck. The applicant proposes to demolish the ~50sqm rear component of the dwelling in favour of a larger addition in the same area. The proposed addition would be 59sqm in area, 6.5m in height, and would maintain the same highwater mark (23m) and top of bank (11m) setback as the existing. The applicant is also proposing to construct a 10sqm raised entrance deck, setback more than 30m from the highwater mark and 15m from the top of bank. The proposed addition would increase total ground floor area from ~150sqm to 169sqm and total gross floor area from 152sqm to 161sqm. Building height of the proposed addition would match the portion of the dwelling that will remain (6.5m).
e)
PL-ZNA-2024-0118 (Benson) - Portland District
285 297
Subject Property Address: 3253 Harrowsmith Road Purpose & Effect of the Application: The Owner proposes to construct a 55.7sqm addition onto an existing 111.4sqm detached garage. A minor variance is being requested as the lot coverage of accessory buildings on the property exceeds the lot coverage of the existing principal building (single detached dwelling). The area of the single detached dwelling and attached deck is 142.2sq and the total area of all accessory buildings is proposed to be 233.7sqm. f)
PL-ZNA-2024-0119 (Sytsma) - Storrington District
298 320
Property Address: 4006 O’Neill Lane Purpose & Effect of the Application: To request permission under Section 45(2) of the Planning Act to enlarge the legal non-conforming accessory structure within 30m of Loughborough Lake. The property contains a 74.2sqm garage, with a building height of 4.2m, setback approximately 15.8m from the highwater mark. The applicant proposes to construct an addition to the existing garage. The proposed addition would have an area of 34.1sqm, a building height of 3.2m and would be setback approximately 23m from the highwater mark. The proposal would facilitate the removal of a detached lean-too structure existing beside the garage. g)
PL-ZNA-2024-0121 (Parker) (Myers) - Bedford District
321 353
Property Address: 191 Burns Lane North
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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 Bobs Lake. The existing single storey dwelling has a ground floor area of 121.3sqm. The dwelling will be expanded with a 34.3sqm single storey addition attached to the rear of the dwelling. The area of the proposed dwelling will be 155.6sqm. The height of the dwelling will not be increasing as a result of the application. 10.
Other Business
a)
Delegated Authority Report
Adjournment
a)
Resolution.
354 355
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Committee of Adjustment Meeting Thursday, November 14, 2024 7:00 p.m. Storrington Centre 3910 Battersea Road, Sunbury, ON and Virtual on Zoom Page 5 of 355
Joining us on Zoom? Your camera won’t be turned on, and your microphone will stay muted unless you ask to speak during a comment period.
Roll Call Committee Members • Alan Revill • Brett Moreland
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• Doug Morey • Kevin Fox • Mike Howe • Norm Roberts • Randy Ruttan • Steven Pegrum
Staff • Kate Kaestner, Planning Clerk/ Secretary-Treasurer • Noah Perron, Planner • Tom Fehr, Planner • Christine Woods, Manager of Planning
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 8 of 355
After the Meeting • Township staff will contact the applicant following the meeting. Where a decision is made, it will be forwarded to the applicant and anyone who requested to be notified within 15 days. • The applicant, the Minister or a specified person or public body 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 9 of 355
• 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 • On Zoom
• Click “Raise Hand” button to request to speak or dial *9 (star nine) when participating by telephone • The Chair will acknowledge you, and the Meeting Host will unmute you • Once you are done speaking or the Committee has no further questions, the Meeting Host will mute your microphone
• In person
• Raise your hand and wait for the Chair to acknowledge you • Move to the table and clearly state your name for the record
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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 • Personal information is collected to gather feedback and communicate with interested parties about applications. • This information is collected under the authority of the Planning Act and in accordance with the Municipal Freedom of Information and Protection of Privacy Act. • With the exception of e-mail addresses and telephone numbers, all information and comments will become part of the public record and will appear on the Township’s website. • 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. Page 12 of 355
• Questions regarding the collection, use and disclosure of this personal information should be directed to the Township Clerk.
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
Consent Applications
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Application PL-BDJ-2024-0106 Consent to Sever
Application PL-ZNA-2024-0107 Minor Variance
Applicant: Terry Grant Agent: Tyler Hamilton, Fotenn Planning + Design Property: 5758 Road 38
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Property Description
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• North end of Hartington • Road 38 • 6 ha (14.8 acres) • House and three accessory buildings • Settlement Area and Rural designations • RU zone
Proposal • Create one new residential lot • Create a shared right-of-way • Severed parcel • 1.1ha (2.7 acres) • 45m frontage • Minor variance for frontage • Proposed house with two ADUs
• Retained parcel
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• 4.9ha (12.1 acres) • 36m frontage • Existing house and accessory buildings • Minor variance for frontage
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Lot to be Severed
Retained Frontage
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Frontage on Road 38
Department, Agency and Public Comments • Public Services – No objection • Adequate sight lines for an entrance • Road allowance widening to be determined • Lot grading and drainage plan required
• Building Services – No objection • Site has flexibility for siting a sewage system Page 20 of 355
• Public Comments – None received
Planning Analysis • Settlement Areas to be the focus of growth and development • Flexible policy on lot frontages to consider neighbourhood character and existing lot fabrics • Proposed frontages are similar to other properties • No impact to development potential of severed parcel • House in line with other houses and compliant with setbacks • Large area for sewage system
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• No impact on continued use of retained parcel • Shared entrance and driveway with reciprocal easement • Minor variance for frontage meets four tests under section 45(1) of Planning Act
Recommendation • Approval • Pending any comments received • Consent subject to conditions in Planning Report including
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• New lot to be minimum 1.1ha with 45m frontage • 4.5m wide right-of-way from Road 38 to rear lot line • Road allowance widening • 5% cash-in-lieu of parkland • Demonstration of adequate potable water – hydrogeological assessment • Development agreement – lot grading and drainage plan • Easement agreement • Minor variance for lot frontages
Questions & Comments
- Applicant/Agent
- Members of the Public
- Committee Member questions
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PL-BDJ-2024-0106 and PL-ZNA-2024-0107 Committee Deliberation and Vote
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Minor Variance / Permission Applications
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Application PL-ZNA-2024-0029 Permission to Enlarge/Minor Variance
Applicants: Lisa Manson & John Liggett Property: 1323 Howes Lake Lane
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Background • The submitted application was for permission to enlarge a legal non-conforming dwelling. During the review process, Planning Staff identified a storage shed constructed in 2020 on the subject property which did not comply with the Zoning By-law. A revised application was submitted, along with a Surveyor’s Real Property Report, to request a minor variance request for the shed.
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Property Description • ~0.58Ac (~2370sqm) with frontage on Howes Lake • Access via Howes Lake Lane (extends through the property) • Existing seasonal dwelling with attached deck, well shed and storage shed • Mature tree and vegetation growth along shoreline • Subtle downward slope towards shoreline • Designated Rural • Zoned RLSW
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Surveyors Real Property Report
Property Description • Dwelling w/ attached Deck (Red) – Now Demolished • Well Shed (Yellow) – Hidden by trees • Storage Shed (Purple) – Not shown in 2020 imagery
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Proposal
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• Permission to enlarge LNC Dwelling & Zoning Relief for storage shed • 60sqm seasonal dwelling w/ 16sqm attached deck to be demolished in favour of larger yearround dwelling in similar footprint • Proposed Dwelling: • 103sqm walkout basement & 103sqm main floor • Increased building height from 6.1m to 8.6m • Maintain same HWM setback as existing (11.4m) • Zoning relief for 10.5sqm storage shed w/ 5sqm attached deck: • HWM setback – Shed (29m) & Deck (27m) • 1.6m setback from side lot line • New septic system in improved location
Plot Plan
Existing Cottage with deck (front view) Page 31 of 355
Cottage and Deck relative to shoreline (Photo taken in early spring)
Remaining foundation (deck to be removed)
Existing storage structure with attached decking
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Proposed dwelling concept (front view)
Proposed dwelling concept (Side view)
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Walkout basement plans
Main floor plans
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Department and Agency Comments • Quinte Conservation – No Objection – Owner will need to reapply for QCA development permit • Building Services – Owner has already submitted building permit application for new septic, no BP required for storage structure • Public Services – Not circulated due to the nature of the proposal • Public Comments – No comments received Page 35 of 355
Planning Analysis Permission to Enlarge Dwelling
• The criteria for considering an application under section 45(2) are:
• Whether the application is desirable for the appropriate development of the subject property; and • Whether the application will result in undue adverse impacts on the surrounding properties and neighborhood.
• Proposed dwelling would maintain the same HWM setback as the existing (11.4m) • Enlargement Components:
• Dwelling footprint to increase from 60sqm to 103sqm. When including attached deck, footprint increase from 76sqm to 103sqm (Lot Coverage: 3.2% to 4.4%). • Increase in gross floor area from 60sqm to 103sqm (basement not included in gross floor calculation) – Dwelling would have 206sqm of living space. • Increased building height from 6.1m to 8.6m
• Proposal would facilitate additional living space and the installation of a new septic system. Improved septic location and treatment type viewed as an improvement. • Proposed enlarged dwelling is appropriate for the size of the property and is consistent with existing development in the neighborhood. Page 36 of 355
• No anticipated negative impacts as a result of the proposed dwelling – maintenance of existing vegetation along shoreline will screen the development. • Planning Staff recommend a development agreement to ensure appropriate shoreline development practices
Planning Analysis Minor Variance for Storage Shed
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 37 of 355
Recommendation • Approval • Pending any comments received • Subject to conditions:
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• Permission & M.V are approved in accordance with submitted SRPR & plot plan • Development Agreement (erosion control, roof runoff control, shoreline buffer maintenance) • Location of replacement dwelling pined and its setback from the HWM as shown in the SRPR verified by OLS to be consistent with Committee’s decision • Building Permit
Questions & Comments
- Applicant/Agent
- Members of the Public
- Committee Member questions
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PL-ZNA-2024-0029 Committee Deliberation and Vote
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Application PL-ZNA-2024-0110 Permission to Enlarge Legal Non-Conforming Use
Applicant: Solares Architecture Inc. Owner: Michael Deaves Property: 6438 Bedford Road
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Property Description • 0.83ha lot area • 76m frontage on Deline Lake • 63m frontage on Bedford Road • Large ridge between water and road. • Property slopes steadily down to the water from ridge peak. • Mature tree cover
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• Contains dwelling, accessory structures • Rural • RW zone
Proposal • Permission under section 45(2) of the Planning Act to enlarge a legal nonconforming dwelling. • Existing single storey dwelling has ground floor area of 25sqm • Proposed dwelling has footprint of 116.4sqm including covered deck and covered porch • Gross floor area increased to 188sqm • Height increasing from 4m to 8.1m • Walkout basement and second storey Page 43 of 355
• Maintaining setback to lake
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South Elevation
North Elevation
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East Elevation Page 48 of 355
West Elevation
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Looking west to Bedford Road access
Entrance into property
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Existing bunkie
South towards dwelling
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North towards dwelling
Shoreline area
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Towards shoreline from dwelling
Towards dwelling from shoreline
Department, Agency and Public Comments • Cataraqui Conservation – No objection to approval of application. • Public Services – No comments • Building Department – No concerns identified and will review the proposed septic system location in further detail at the building permit stage • Public Comments – None received Page 54 of 355
Planning Analysis
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• Footprint of development increasing - Lot coverage increasing from 0.3% to 1.4% • Gross floor area increase resulting from increase in footprint and second storey • Setback of dwelling from lake will be maintained • Proposed dwelling constructed in same location as existing • No visual impacts anticipated from height increase • Conditions recommended related to controlling runoff, vegetation retention/removal, sediment erosion controls.
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 • Licence agreement Page 56 of 355
Questions & Comments
- Applicant/Agent
- Members of the Public
- Committee Member questions
Page 57 of 355
PL-ZNA-2024-0110 Committee Deliberation and Vote
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Application PL-ZNA-2024-0117 Permission to Enlarge
Applicants: Amanda D’Amour & Taylor Featherston Property: 2498 Sands Road
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Background • Property is and has historically been accessed via an unopened road allowance from sands road. • In 2005, Council sold a portion of the road allowance to the original property owner due to the dwelling and septic system encroaching. A narrow portion of the road allowance still exists to the east of the property. • The remaining portion of the road allowance is presently used for vehicle parking & contains a storage shed. • The proposal would result in the creation of a parking area wholly contained within the property. • Staff will be recommending an additional condition requiring the applicants to enter into a license agreement for continued access over the road allowance. The shed will likely need to be removed as part of this process. Page 60 of 355
Property Description
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• ~0.32Ac (~1280sqm) in area with frontage on Cedar Lake • Access via unopened road allowance • Existing seasonal dwelling with attached deck, detached storage shed located in road allowance • Dwelling can be broken into two parts: • 50sqm Two-storey portion on water side (w/49sqm attached deck) • 50sqm One-storey addition to the rear • Property is situated within a slope towards the lake w/ the steepest area being between the dwelling & shoreline • Shoreline area is well vegetated • Designated Settlement Area • Zoned UR1
Proposal
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• Permission to enlarge legal non-conforming seasonal dwelling • Applicants proposed to demolish the ~50sqm addition at the rear of the cottage in favour of a slightly large addition in the same footprint. • Proposed Addition: • 59sqm • One-storey with 6.5m building height • Increased ground floor area to 109sqm • Increased gross floor area to 159sqm • Same HWM (23m) & TOB (11.5m) setback as existing rear addition • 10sqm covered entrance deck to be added (outside of 30m HWM setback & 15m TOB setback) • Addition height would match that of the remaining dwelling (6.5m)
Plot Plan – Proposed Addition
Existing Dwelling (Side View)
Existing Dwelling (rear view)
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Driveway over unopened road allowance
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Dwelling w/ proposed addition (side view)
Dwelling w/ proposed addition (rear view)
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Main Floor Plans
Second Floor Plans
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Department and Agency Comments • Cataraqui Conservation – No Objection • Building Services – No Objection • Public Services – Not circulated due to the nature of the proposal • Public Comments – Comments received from representative of abutting property owner
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Planning Analysis
• The criteria for considering an application under section 45(2) are: • •
Whether the application is desirable for the appropriate development of the subject property; and Whether the application will result in undue adverse impacts on the surrounding properties and neighborhood.
• Existing Deck is closest point to HWM (13.5m). Proposed addition would occupy the area of the existing rear addition. HWM & TOB setbacks will remain the same • Enlargement Components: • • •
Increase in gross floor area from 150sqm to 159sqm Increase in dwelling ground floor area from 100sqm to 109sqm. With attached front deck & proposed entrance deck, footprint would increase to 168sqm (1.5% increase in lot coverage) Addition will be single storey but will match building height of existing two-storey dwelling (6.5m)
• Addition would contribute additional living space and become the new entrance into the dwelling. Proposed entrance deck will provide necessary connection from new driveway to the dwelling. • Proposed scale of enlarged dwelling is consistent with surrounding development. • Proposed site alteration to accommodate development will improve the property’s functionality. • Proposed addition is similar in size as existing and will occupy a similar footprint. Any potential intrusion would be mitigated by existing tree coverage. Page 68 of 355
• Planning Staff recommend a development agreement to ensure appropriate shoreline development practices, and also to provide notice about structures in the road allowance.
Access over Unopened Road Allowance • The Township has recently passed By-Law 2024-66 “A By-law to establish Unopened Road Allowance Policies” • After discussion with the Clerk’s department, it has been determined that it would not be appropriate to permit further development until a License Agreement has been entered into for the continued use of the unopened road allowance as a means of access to the property. • As such, Planning Staff are recommended that the committee implement the following condition not included in the Staff Planning Report: The Owner is required to enter into a License Agreement with the Township for the continued use of the unopened road allowance as a means of access to the subject property per By-law 2024-66 “A By-Law to Establish Unopened Road Allowance Policies”
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Recommendation • Approval • Pending any comments received • Subject to conditions:
• The dwelling may be enlarged by replacing the existing one-storey addition with a new addition of 59sqm consistent with the submitted plot plan and building plans • Development Agreement (erosion control, runoff control, shoreline buffer maintenance, notice regarding structures in road allowance) • Requirement to enter into License Agreement • Building Permit
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Questions & Comments
- Applicant/Agent
- Members of the Public
- Committee Member questions
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PL-ZNA-2024-0117 Committee Deliberation and Vote
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Application PL-ZNA-2024-0118 Minor Variance
Applicant/Owner: Todd Benson Property: 3253 Harrowsmith Road
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Property Description
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• Lot area of 2.3ha - 76m frontage on Harrowsmith Road • Terrain: level property, primarily manicured lawn • Dwelling, multiple accessory buildings • Rural • RU zone
Proposal • Construct a 55.7sqm addition onto a 111.4sqm detached garage: • Lot coverage of accessory structures exceeds that of the primary building.
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Existing garage
Proposed addition
Garage with proposed addition
Existing dwelling
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Department, Agency and Public Comments • Cataraqui Conservation, Public Services – Not circulated due to nature of application • Building Services – Applicant is going through building permit process – the subject MV is required for a permit to be issued. • Public Comments – none received to date
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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 80 of 355
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 81 of 355
Questions & Comments
- Applicant/Agent
- Members of the Public
- Committee Member questions
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PL-ZNA-2024-0118 Committee Deliberation and Vote
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Application PL-ZNA-2024-0119 Permission to Enlarge
Applicants: Al Sytsma Property: Unaddressed property abutting 4006 O’Neil Lane
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Background • Applicant is the co-owner of two abutting properties, 4006 O’Neil Lane & the unaddressed property to the east (i.e., the subject property). • Both properties can be conveyed independently • 4006 O’Neil Lane contains a dwelling and detached accessory structure. The unaddressed property to the east contains the detached garage that is the subject of this application.
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Property Description • ~0.77Ac (~3130sqm) in area • No direct frontage on Loughborough Lake • Access is via driveway into 4006 O’Neil Lane • Existing garage and detached lean-too structure (now demolished) • Some scattered tree growth (Coniferous Hedge to the N of garage) • Property is mostly flat • Designated Rural • Zoned RLSW Page 86 of 355
Proposal
• Permission to enlarge legal non-conforming Garage • Existing 74.2sqm garage w/ 4.2m building height, setback 15.8m from the HWM • Proposed 34.1sqm addition to the south side of garage • 3.2m building height • 23m HWM setback • Enlarged garage would have total area of 108.3sqm • Existing garage setback 7m from side lot line to the west & 5.8m from the lot line to the east (no further encroachment proposed)
Plot Plan – Proposed Addition
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Existing garage (front view) Page 88 of 355
Existing garage (Side view – location of proposed addition)
Elevation drawing of garage w/ proposed addition
Garage floor plans w/ proposed addition
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Department and Agency Comments • Cataraqui Conservation – No Objection • Building Services & Public Services – Not circulated due to the nature of the proposal • Public Comments – No formal comments received
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Planning Analysis
• Zoning By-law does not permit accessory buildings to be erected before the principal building. The garage is not permitted as a principal building in the RLSW zone. However, it pre-dates the current Zoning By-law so it is a legal non-conforming use for which it is reasonable to consider permitting expansion. • The criteria for considering an application under section 45(2) are: • Whether the application is desirable for the appropriate development of the subject property; and • Whether the application will result in undue adverse impacts on the surrounding properties and neighborhood.
• NW corner of the garage is the closest setback distance to the HWM (15.8m). The addition would be built to the south of the garage (away from the water) and would encroach no closer. • Addition would facilitate an increase in area from 74.2sqm to 108.3sqm, a 1.1% increase in lot coverage. Addition building height (3.2m) would be less than the heigh of the existing garage (4.2m).
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• The addition is appropriate and would contribute additional storage space, while being accessible from the existing driveway. There will be no further encroachment towards the side lot lines on either side of the structure. • Given the modest size of the addition and its location on the south side of the garage, it is unlikely to result in any intrusive effects or negative impacts on surrounding properties or the lake.
Recommendation • Approval • Pending any comments received • Subject to conditions:
• The application is approved in accordance with the submitted plot plan and building plans • A building permit is required
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Questions & Comments
- Applicant/Agent
- Members of the Public
- Committee Member questions
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PL-ZNA-2024-0119 Committee Deliberation and Vote
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Application PL-ZNA-2024-0121 Permission to Enlarge Legal Non-Conforming Use
Applicant: Tyson Myers Owner: Lisa Parker Property: 191 Burns Lane North
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Property Description
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• 1.5ha lot area • 250m frontage on Bobs Lake • Accessed from Burns Lane North • Property slopes gradually down to the water. • Mature tree cover • Contains dwelling, accessory structures • Rural • RLSW zone
Proposal • Permission under section 45(2) of the Planning Act to enlarge a legal nonconforming dwelling. • Existing single storey dwelling has ground floor area of 121.3sqm plus 40.8sqm attached deck • Proposed addition is 34.3sqm • Enlarged dwelling to be 155.6sqm • Height not increasing Page 97 of 355
• Addition attached to rear of existing dwelling further from lake than existing development
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East Elevation
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Rear of dwelling and area of addition
West side of dwelling
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East side of dwelling
Towards dwelling from water
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Towards water from dwelling
Shoreline area
Department, Agency and Public Comments • Rideau Valley Conservation Authority – No objection to approval of application. • Building Department – No concerns identified and will review the proposed septic system location in further detail at the building permit stage • Public Comments – None received Page 108 of 355
Planning Analysis
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• Footprint of development increasing - Lot coverage increasing from 1.0% to 1.3% • Addition attached to rear of dwelling and setback further from lake than existing development • Proposed addition located in cleared area – no additional vegetation removal required • Height not increasing • Conditions recommended related to controlling runoff, vegetation retention/removal, sediment erosion controls.
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 110 of 355
Questions & Comments
- Applicant/Agent
- Members of the Public
- Committee Member questions
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PL-ZNA-2024-0121 Committee Deliberation and Vote
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Delegated Consent Authority Report PL-BDJ-2024-0097 (Labbett) Portland District • Granted October 18, 2024 • 5743 Hinchinbrooke Road • Create one new rural residential lot • Severed parcel
o 8.5 hectares in area o 640m of frontage on Hinchinbrooke Road o 400m of frontage on Little Mud Lake o Developed with dwelling, accessory structures
• Retained lands Page 113 of 355
o 15 hectares in area o 330m frontage on Hinchinbrooke Road o 275m frontage on Little Mud Lake o Vacant
Adjournment
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TOWNSHIP OF SOUTH FRONTENAC CONSENT APPL ICATION For Office Use Only
16-Sep-2024 Date Received: ———–
PL-BDJ-2024-0106 File Number: ———–
- Name of Owner(s): T e_rry_,G r_an t_________ ___________ Full Mailing Address of Owner(s): 5758 Road 38, Hartington, ON, KOH 1W0
Phone number of Owner(s): _______________________ _ Email Address of Owner(s): ________________________ 2. If the applicant is NOT the owner of the subject land, the written authorization of the owner that the applicant is authorized to make the application, be provided below.
Name of Authorized Applicant/Agent: FOTENN Consultants Inc. c/o Tyler Hamilton Full Mailing Address of Authorized Applicant/Agent: 4 Cataraqui Street. Suite 315. Kingston. ON
K7K 1Z7 Phone number of Authorized Applicant/Agent Email Address of Authorized Applicant/Agent Agent as named above is hereby authorized to act on behalf of the owners for purposes of processing this application (please fill out the last pa e . Signature(s) of Owner(s) Communications are to be sent to: 3.
□
Owner(s)
C2I Agent
Permission to Enter Subject Lands: Permission is hereby granted to the relevant staff, committee members, and necessary commenting agencies to enter the premises (subject lands) subject to this the purposes of making inspections associated with this application.
Sep 16, 2024 (Signature of the property owner)
(Date) 3
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5758 ROAD 38 CONSENT + MINOR VARIANCE
1
September 16, 2024 Christine Woods Senior Planner Development Services Township of South Frontenac Via Email: cwoods@southfrontenac.net RE:
5758 Road 38 Applications for Consent and Minor Variance
Dear Ms. Woods, Fotenn Planning + Design has been retained by Terry Grant to prepare this planning justification letter in support of applications for consent to sever and minor variance for the property municipally known as 5758 Road 38, in the Township of South Frontenac (‘the site’). The purpose of these applications is to create a new lot within the Hamlet of Hartington for the development of a single-detached dwelling containing two additional dwelling units. The consent will result in a total of two lots (one severed and one retained) and a reciprocal access easement over the shared portion of the existing driveway. A minor variance is required to permit a reduced lot frontage for both the severed and retained lots. The site is designated Settlement Areas on Schedule A – Land Use Plan of the Township of South Frontenac Official Plan and is zoned Rural (RU) Zone and is subject to the Additional Dwelling Unit Holding Overlay on Schedule I of the Township of South Frontenac Zoning By-law 2003-75. Correspondence with Township planning staff confirmed the application requirements. Accordingly, the following are submitted in support of the application: / Concept Plan; / Survey Sketch; / Complete Application Form and Fees; and / This Planning Justification Letter.
Site Description + Surrounding Context The site is located in Hamlet of Hartington, north of the intersection of Road 38 and Holleford Road. The site has an area of approximately 6 hectares with approximately 81.4 meters of frontage on the east side of Road 38. The site is currently occupied with a single-detached dwelling and three accessory structures, including a garage and utility sheds. Access to the site is provided from Road 38 via an existing gravel driveway. Lands adjacent to the site along Road 38 and Holleford Road are predominately residential uses where lots vary in lot area, shape, and frontage.
KINGSTON 4 Cataraqui Street, Suite 315 Kingston, ON K7K 1Z7 T 613.542.5454 fotenn.com
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2
Figure 1: Site Context (Source: AG Maps, Annotated by Fotenn)
Proposed Development The subject applications seek to leave the existing dwelling and accessory buildings on the retained lot unchanged while severing a lot from the underutilized northwestern portion of the site. The proposed severed lot will have an area of approximately 1.1 hectares with approximately 45 metres of frontage along Road 38. The proposed severed lot will be serviced by a private septic system and well. The severed lot will be accessed by the existing gravel driveway via a reciprocal access easement. The retained lot will have an area of approximately 4.9 hectares with approximately 36 metres of frontage along Road 38. The retained lot will remain serviced by the existing private septic system and well on-site. Vehicular access to the retained lot will remain from Road 38 by way of the existing gravel driveway via a reciprocal access easement over the shared portion of the driveway. The applicant intends to develop the severed lot with a one-storey single-detached dwelling containing two additional dwelling units intended for seniors. The principal unit will face west towards Road 38 while the two additional dwelling units will face south. The proposed dwelling will have a similar setback to the existing dwelling to the north, providing a consistent setback along this portion of Road 38. A future hold lift and building permit application will be necessary to facilitate the proposed development.
Consent + Minor Variance
5758 Road 38
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3
Figure 2: Severance Sketch (Source: Hopkins Chitty)
Figure 3: Concept Plan (Source: Fotenn)
Consent + Minor Variance
5758 Road 38
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4
Application for Consent to Sever An application for consent to sever is required to create a new lot. The Rural (RU) Zone requires a minimum lot area of 8000 square metres (0.8 hectares) and a minimum lot frontage of 76 metres. Both the severed and retained lot will have an approximate lot area of 1.1 and 4.9 hectares respectively with an approximate lot frontage of approximately 45 meters and 36 meters respectively. Both the severed and retained lots will require relief for minimum lot frontage. A minor variance will be required to permit the proposed severance.
Policy + Regulatory Review Planning Act In considering an application for land severance, the approving body must evaluate the merits of the proposal against Section 53 of the Planning Act, which further requires a review of Section 51 (24) of the Planning Act. The criteria relating to the proposed severance are below in italics.
53 (1) An owner or chargee of land, or the owner’s or chargee’s agent duly authorized in writing, may apply for a consent as defined in subsection 50 (1) and the council or the Minister, as the case may be, may, subject to this section, give a consent if satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality. The proposed application for consent seeks to create one new lot in the Hamlet of Hartington. It is our opinion that a plan of subdivision is not necessary for the proper and orderly development of the proposed severance.
53 (12) A council or the Minister in determining whether a provisional consent is to be given shall have regard to the matters under subsection 51 (24) and has the same powers as the approval authority has under subsection 51 (25) with respect to the approval of a plan of subdivision and subsections 51 (26) and (27) and section 51.1 apply with necessary modifications to the granting of a provisional consent. Detailed criteria from Section 51(24) are discussed below.
51 (24) In considering a draft plan of subdivision, regard shall be had, among other matters, to the health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality to a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2; The consent has regard for matters of provincial interest found in Section 2 in that it will not negatively impact natural, agricultural, or cultural heritage resources. The proposed consent will contribute to the range of housing options in the Hamlet of Hartington and will provide a site layout that is well-designed and is not anticipated to create challenges in terms of public health and safety.
b) whether the proposed subdivision is premature or in the public interest;
The proposed consent is not premature as it represents a limited form of residential development that is compatible with the existing rural character of the area. The site is designated and zoned to permit residential uses. The proposed lots are in the public interest as they will provide an opportunity for residential development on lots which generally comply with the implementing zoning by-law.
c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any; Conformity with the Official Plan is discussed below. The proposal conforms to the Official Plan.
Consent + Minor Variance
5758 Road 38
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5 d) the suitability of the land for the purposes for which it is to be subdivided; The proposed consent seeks to create one new lot for residential development within the Hamlet of Hartington, on a site which is designated and zoned for residential uses. The proposed lots are consistent in shape and size with the existing lot fabric of the surrounding area.
d.1) if any affordable housing units are being proposed, the suitability of the proposed units for affordable housing; The proposal does not include affordable housing.
e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them; The site has frontage on Road 38, a municipal road and former highway. Both the severed and retained lots will utilize the existing gravel driveway with access to Road 38. f) the dimensions and shapes of the proposed lots; The severed and retained lots meet the general intent of the zoning by-law. An application for minor variance is required to obtain relief from the minimum lot frontage provision for both the severed and retained lots. The irregular shape of the severed lot, particularly to the rear, is to ensure there is sufficient space for the provision of private on-site servicing. The severed and retained lots are compatible in size and shape of the lots when compared to the existing lot fabric of the surrounding area.
g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land; The severed and retained lots will be subject to the performance standards of the current zoning of the site which is the Rural (RU) zone in addition to the Additional Dwelling Unit Holding Overlay on Schedule I of the Township of South Frontenac Zoning By-law 2003-75. Per Section 5.35 of the implementing zoning by-law, since both the severed and retained lots are located within the settlement area of the Hamlet of Hartington, both lots are not subject to the Minimum Distance Separation (MDS) I requirements and therefore, no restrictions are anticipated for the proposed lots.
h) conservation of natural resources and flood control; There are no identified natural resources or flood plains on or in proximity to the site.
i)
the adequacy of utilities and municipal services;
The site will be serviced by private on-site water and septic, in keeping with the nature of servicing on lots in the surrounding area.
j)
the adequacy of school sites;
The addition of one new lot is not anticipated to have an impact on the capacity of local schools.
k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes; In accordance with the Planning Act, it is anticipated that cash-in-lieu of parkland will be a condition of consent. l)
the extent to which the plan’s design optimizes the available supply, means of supply, efficient use and conservation of energy; and,
The consent application seeks to create one new lot from an existing parcel. The proposal will contribute to the efficient use of privately serviced land with frontage on a public road.
Consent + Minor Variance
5758 Road 38
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6 m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designed under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006. 1994, c. 23, 2. 30; 2001, c. 32, s. 31 (2); 2006, c. 23, s. 22 (3, 4). Per the Township of South Frontenac Site Plan Control By-law, site plan control will not be required for the proposed lot. It is our professional planning opinion that the proposed consent has proper regard for the criteria found in section 51 (24) of the Planning Act. Provincial Policy Framework Provincial Policy Statement, 2020 The 2020 Provincial Policy Statement (PPS) provides high-level land use policy direction on matters of Provincial Interest as they relate to land use planning in Ontario municipalities. Decisions of municipal councils must be consistent with the PPS, which provides direction for issues such as the efficient use of land and infrastructure, the protection of natural and cultural heritage resources, maintaining a housing stock that appropriately addresses the demographic and economic diversity of households, and preserving natural resources for their future use. The proposed applications are consistent with the 2020 PPS broadly they intend to add housing options for seniors on an underutilized lot within the settlement area of the Hamlet of Hartington which will be serviced by private onsite water and sewer (1.1.1.a, 1.1.1.b, 1.1.1.c, 1.1.1.d, 1.1.1.e, 1.1.1.f, 1.1.1.g, 1.1.3.2.a, 1.1.3.2.b., 1.4.3.b.1, 1.4.3.d, 1.6.6.4, 1.7.1.b., 1.7.1.c, 1.7.1.d). It is our professional planning opinion that the proposal is consistent with the 2020 Provincial Policy Statement. Provincial Planning Statement, 2024 The Provincial Policy Statement (2020) remains in effect until October 20th, 2024. Should a decision for these applications be made following that date, the 2024 Provincial Planning Statement is the appropriate policy context for review. To this effect, the incoming Provincial Planning Statement (2024) is reviewed below. The proposed applications are consistent with the 2024 PPS broadly as they intend to add housing options for seniors on an underutilized lot within the settlement area of the Hamlet of Hartington (2.1.4.a, 2.2.1.b.1, 2.3.1.1, 2.3.1.2.a, 2.3.1.2.b, 2.3.1.3). The proposal will have access to municipal infrastructure and will be serviced by private on-site water and sewer (2.2.1.c, 2.3.1.2.b, 2.3.1.3, 3.6.4). Section 4 of the PPS gives consideration to the wise use and management of resources that provide economic, environmental, and social benefits. This is achieved through policies that provide for the conservation of biodiversity, protection of the health of the Great Lakes, and protection of natural heritage, water, agricultural, mineral, and cultural heritage and archaeological resources. No negative impacts to natural or cultural heritage features nor agricultural resources are anticipated as a result of the proposed development. Section 5 of the PPS deals with protection of public health and safety. The policies in this section direct development away from naturally-occurring and human-made hazard lands, such as floodplains, erosion-prone areas, former mining and aggregate extraction operations, and other types of contaminated areas. There are no natural hazard concerns on or in proximity to the property. No public health or safety concerns are anticipated as a result of the proposed lot creation. It is our professional planning opinion that the proposal is consistent with the incoming 2024 Provincial Planning Statement.
Consent + Minor Variance
5758 Road 38
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7 County of Frontenac Official Plan The County of Frontenac Official Plan was adopted by County Council in October 2014. It was approved by the Ministry of Municipal Affairs and Housing in January 2016. As an upper tier-municipality, the County of Frontenac OP details high-level goals, objectives, and policies for the four constituent municipalities (the Townships of Frontenac Islands, South Frontenac, Central Frontenac, and North Frontenac). The Official Plan is intended to guide land use changes in the County over the next 20 years to 2034 by protecting and managing the natural environment, directing and influencing growth patterns and facilitating the vision of the County as expressed through its residents. The following sections of the OP will be discussed as they relate to the consent applications with policies identified as relevant to the application indicated in italics: / Section 3: Growth Management; and / Section 4: Community Building. Section 3 of the County’s Official Plan provides growth management polices which are intended to help guide new residential and non-residential development across the County at a regional level. The site is located within the settlement of Hartington per Schedule ‘A’ – Land Use of the County of Frontenac Official Plan. Settlement area policies are intended to provide a framework which encourage and support development based on local characteristics.
Section 3.2.2 Settlement Area Policies Section 3.2.2.1 General – The following general policies shall apply to Settlement Areas which are identified on Schedule ‘A’ of this Plan:
- Local Official Plans shall designate Settlement Areas and determine their boundaries.
- Efficient development patterns and road connections will be encouraged in Settlement Areas to optimize public services and to make the most efficient use of land and resources.
- Local Official Plans shall, where feasible, promote mixed use development in Settlement Areas including residential, commercial, institutional, parks, and employment areas. The subject property is designated ‘Settlement Areas’ on Schedule A – Land Use Plan of the Township of South Frontenac Official Plan. The proposed consent seeks to create a new lot with private on-site servicing for residential development with frontage on Road 38, which is of a shape and size consistent with the surrounding lot fabric and generally complies with the implementing zoning by-law. The site has an existing driveway which accesses Road 38, and no new entrances are proposed. Section 4 of the County’s Official Plan sets out policies that are intended to help ensure that the public infrastructure that ties the region together, such as transportation, water, wastewater, and solid waste, and is key to the County’s sustainability, can be maintained and possibly enhanced over the next twenty years.
Section 4.2.1.5 – Where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not provided, individual on-site sewage services and individual on-site water services may be used provided that site conditions are suitable for the long-term provision of such services with no negative impacts. In settlement areas, these services may only be used for infilling and minor rounding out of existing development. Negative Impacts shall be defined for the purposes of this section and Section 4.2.1.5 as degradation to the quality and quantity of water, sensitive surface water features and sensitive groundwater features, and their related hydrologic functions, due to single, multiple or successive development. Negative Impacts should be assessed through environmental studies including hydrogeological or water quality impact assessments, in accordance with provincial standards. The severed lot will utilize private on-site water and septic designed to the required standard of the appropriate approval authorities. It is recognized a hydrogeological assessment to demonstrate an adequate supply of potable water will be required to lift the hold on the severed lot prior to an application for building permit.
Consent + Minor Variance
5758 Road 38
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It is our professional planning opinion that the proposal conforms to the policies of the County of Frontenac Official Plan. Township of South Frontenac Official Plan The Township of South Frontenac Official Plan was adopted by Township Council on September 5, 2000. It was approved by the Minister of Municipal Affairs and Housing on April 30, 2002, and approved by the Ontario Municipal Board on November 25, 2003. In August 2019, an Official Plan Review was undertaken by the Township which is still ongoing. The purpose of the Official Plan is to provide a vision, goals, objectives, and policies to direct the physical development of the Township of South Frontenac while having regard for relevant social, economic, and environmental matters. The Official Plan is intended to promote the orderly and economic growth of the Township while correcting existing problems and safeguarding the health, convenience, and economic well-being of the Township’s current and future residents within the financial resources of the municipality. The following sections of the OP will be discussed as they relate to the consent applications with policies identified as relevant to the application indicated in italics: / Section 4.0: Goals and Objectives / Section 5.0: Land Use Policies; and / Section 6.0: General Policies / Section 7.0: Division of Land
Section 4.2 – Housing (a) Objectives (i) to minimize the cost of providing essential municipal services to the residents. This will be accomplished by planning controls which consider the long-term servicing costs of all developments. (ii) to maintain the established rural character of the community. This will be accomplished by zoning controls which reduce land use conflicts, minimize the impact of development on traditional rural activities and place environmental concerns ahead of residential growth. (iii) to provide for a variety of housing types which will meet the varied and evolving needs of the residents. This will be achieved through by-laws which set out the criteria for construction and maintenance standards of various types of accommodation. (iv) to encourage seniors’ facilities, group homes and affordable housing to meet the needs of the community. Mindful of the municipality’s limited funds, this will be accomplished by zoning bylaws rather than by direct or indirect subsidies.
The proposed consent seeks to create one new lot for residential development with private on-site servicing which will provide housing in the Township while minimizing servicing costs. The proposed development will respond to a need in the housing market by providing housing for seniors, a form of housing which is currently underserved in the Township. The proposed lots generally comply with the implementing zoning by-law and are compatible in shape and size with the surrounding lot fabric.
Section 4.8 Servicing and community improvement goal (a) Objectives (iii) to require the installation of private water supply systems and private sewage treatment systems in accordance with the requirements of the appropriate governmental agencies. The proposed consent will have a lot area sufficient for the development of a single-detached dwelling containing two additional dwelling units with private on-site water and septic.
Consent + Minor Variance
5758 Road 38
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Figure 4: Official Plan Context (Source: Township of South Frontenac, Annotated by Fotenn).
Section 5.6 Settlement Areas (i) to ensure that sufficient lands are available to permit the location of new development in full accordance with the servicing standards of the Ministry of the Environment; (iv) to promote a full range and mix of housing types and densities;
The proposed consent will create one new lot on an existing underutilized parcel in the settlement area of the Hamlet of Hartington for the development of a single-detached dwelling containing two additional dwelling units, adding to the housing options in the area. The severed lot will be a sufficient size to accommodate the proposed development and associated private on-site water and septic.
Section 5.6.1 Residential Policies (i) Permitted Uses: The uses permitted shall include single detached dwellings; semi-detached or duplex dwellings, multiple unit dwellings, single detached dwellings converted to multiple unit dwellings; group homes established in accordance with the provisions of Section 6.5, bed and breakfasts and home occupations.
The proposed consent seeks to create a new lot for the development of a single-detached dwelling containing two additional dwelling units, which is a permitted use under the Settlement Areas designation.
(ii)
Development Criteria for Single Detached, Semi-detached and Duplex Dwellings a) All development shall be serviced in accordance with Section 6.10 of this Plan. As such, development may be permitted to occur on private water supply and sanitary sewage disposal systems. Such systems shall be located and constructed as required by the appropriate approval authority. However, development also may be permitted to occur on municipal communal water supply and/or municipal communal sanitary sewage systems subject to the approval of the Ministry of the Environment and Council.
The future private on-site water and sewer servicing to occur on the severed lot will be subject to the requirements of the appropriate approval authority. Conformity to section 6.10 is addressed in detail below. The proposal conforms to Section 6.10 of this plan.
Consent + Minor Variance
5758 Road 38
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b) The minimum lot area for a single detached dwelling shall not be less than .8 hectares (2 acres) when serviced by a private well and private sanitary sewage disposal system and the minimum lot size for a semi-detached or duplex dwelling shall not be less than .8 hectares (2 acres) when serviced by a private well and private sanitary sewage system subject to the approval of the appropriate authority and Council. Both the severed and retained lots will have an approximate lot area of 1.1 hectares and 4.9 hectares respectively, exceeding the minimum lot area requirement for a lot with a single detached dwelling serviced by private on-site water and sewer.
c) In the case of development proposed to be serviced by municipal communal piped water supply and/or sanitary sewage disposal systems, the determination of appropriate minimum lot size criteria shall be made by Council in consultation with the Ministry of the Environment prior to the approval of an amendment to the implementing zoning by-law to permit the development to proceed.
Both the severed and retained lots will be serviced by private on-site water and sewer.
d) Development of single detached, duplex or semi detached dwellings should be compatible with existing and proposed land uses. In this regard, these uses should not be located adjacent to higher density residential, commercial or industrial uses. In the event such uses are adjacent to single detached, semi detached or duplex dwellings, appropriate buffering or screening shall be provided. Details of the buffering or screening techniques shall be detailed in the Zoning Bylaw. The proposed development on the severed lot consists of a single detached dwelling containing two additional dwelling units intended for seniors. The proposal is compatible with the adjacent and surrounding built form which is predominantly single detached dwellings on lots which vary in lot area and lot frontage. Further, the proposed lots are consistent in shape and size with the existing lot fabric of the surrounding area.
Section 6 provides the general development policies of the official plan which are not related to a specific land use designation. Section 6.10.1 – General During the planning period of this plan, development predominantly shall occur on the basis of private wells and private septic tank and leaching beds/tile fields in accordance with the standards of the authorities responsible for their approval. Development will only occur on the basis of private individual on-site sources of potable water and septic systems or municipal communal sewer and/or water systems where required. No new private communal sewer and/or water systems will be permitted. It is the intent of this plan that private on-site sanitary sewage disposal systems primarily consist of septic tanks and leaching beds/tile fields. However, consideration may be given to the use of other proven systems subject to the approval of the Ministry of the Environment and Council. Where residential development has been proposed of more than five (5) lots on individual, private water and sewage, and has been accepted via the results of a private servicing report, the Township will require a Private Services Impact Assessment Report to be prepared by the owner/developer and submitted for Township review and approval. The report is to demonstrate potable groundwater quality, adequate groundwater yield, negligible groundwater quality interference, soil suitability and sufficient area available for effluent treatment and shall identify the location of the septic system, well and house. 6.10.2 Settlement Area Servicing – Primarily, development shall occur on the basis of private water and sanitary sewage disposal systems.
Consent + Minor Variance
5758 Road 38
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11 The proposed consent is intended to be serviced by private on-site water and sewer which will be subject to the appropriate approval authority. Further, it is recognized a hydrogeological assessment will be required to demonstrate an adequate supply of potable water to lift the hold on the severed lot prior to an application for building permit.
Section 7 provides the policy framework for land division to occur within the township. Section 7.1 – General Consent Policies Applicable to All Land Use Designations (a) Consents shall only be granted when it is clearly not necessary in the public interest that a Plan of Subdivision be registered. In this regard, consents will be considered when the creation of new lots, in the opinion of the Municipality, will clearly have no adverse environmental, social or economic impact on the Township or adjacent land uses. It is our opinion that a plan of subdivision is not necessary for proper and orderly development as the lots are consistent with the existing lot fabric of the surrounding area. The proposed consent will be serviced by private water and septic which is also consistent with the existing development pattern in the area.
(b) Where a land holding has more than one detached dwelling in existence at the time of adoption of this Plan, the severance of a parcel of land including the additional dwelling may be permitted subject to all other policies of this Plan. The site is currently occupied with a detached dwelling unit with 3 accessory structures. The proposed consent will sever the underdeveloped northwestern portion of the site for the future development of a residential single detached dwelling containing two additional dwelling units intended for seniors.
(c) The size of any parcel of land created by consent shall be appropriate for the uses proposed. No parcel of land created as a result of a consent shall be less than that prescribed in the respective land use designations of this Plan, except for parcels created as lot additions or for technical reasons. The proposed consent conforms to the official plan and generally complies with the implementing zoning by-law. A minor variance will be required to permit the deficient lot frontages associated with the severed and retained lots. The shape and size of the proposed lots exceed the minimum lot are requirement of the implementing zoning by-law and are compatible with the existing lot fabric in the surrounding area.
(d) Consents should be granted which generally provide for a satisfactory geometric design of the severed and retained parcels. Both the retained and severed lots will generally comply with the implementing zoning by-law and are consistent with the existing lot fabric in the surrounding area.
(e) Consents shall not be granted for a parcel of land which is subject to flooding or erosion, or other physical hazard, and where no building envelope is identified on the lot, when the use of the parcel requires that a building be erected. The advice of the appropriate authority will be sought in this regard. The subject property does not contain any known natural features and is not subject to any known natural hazards.
(f) All applications for consent shall be accompanied with a sketch showing to scale the dimensions of the lots (severed and retained) to be created by the proposed consent. In addition, existing buildings and setbacks from the property lines and major topographic and land features such as an escarpment, creek or wetland shall be shown. The sketch shall also identify all buildings, septic systems and wells on the lands subject to the consent application as well as on adjacent lands. For those applications which constitute an addition to a holding, the sketch shall show the location, size, use and ownership of the lot to be enlarged. A concept plan demonstrating the lot fabric and dimensions of the proposed consent is provided as part of this submission.
Consent + Minor Variance
5758 Road 38
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12 (g) The creation of no more than two lots in total (i.e. including severed and retained) shall result from any one severance application for a new lot. Consents that are to establish a legal right-of-way for more than 21 years will require an application for consent when it is not part of a proposed new lot. One consent application has been prepared for the creation of one new lot by consent and reciprocal access easement over the shared portion of the existing driveway.
(h) Consents which would result in landlocking a parcel will be denied. All new lots, except limited service residential lots, shall front onto and gain direct access from an existing public road which reflects a reasonable standard of pavement or gravel construction and is maintained year round by the municipality. All lots associated with the consent will not be land locked and will have frontage on Road 38.
(i)
Consents should not be granted for land adjacent to a road from which access is to be obtained where a traffic hazard would be created because of limited sight lines on curves or grades.
Both severed and retained lots will be using the existing access to the site and there are no anticipated traffic hazards associated with the proposed consent.
(j)
The creation of a residential lot having access only to former provincial highway No. 38 outside of the Settlement Areas for residential purposes will generally be discouraged. In special circumstances where there is no other alternative available, such lot may be considered provided that the Township approved the proposed entrance. Entrance requirements to former Highway 38 shall be in accordance with Ministry of Transportation guidelines and regulations. Access to new lots on former Frontenac County Roads will be guided by the Frontenac County Road Entrance Policy as amended from time to time.
Both severed and retained lots are located within Hamlet of Hartington, a settlement area, and will utilize the existing driveway which accesses Road 38. As noted, a reciprocal access easement will be established over the shared portion of the existing driveway.
(k) Any division of land must respect the separation distances for land uses as set out in this Plan and in the Zoning By-law. The proposed consent conforms to the Township of South Frontenac Official Plan and generally complies with the implementing zoning by-law. The proposed severed lot will provide a lot area of approximately 1.1 hectares within the Hamlet of Hartington, which provides an appropriate building envelope for future residential development.
(l)
All division of land for new farm and non-farm uses shall comply with the Minimum Distance Separation Formulae I or II as amended.
The proposed consent is to establish a new lot for residential development within the Hamlet of Hartington. Per Section 5.35 of the implementing zoning by-law, since both the severed and retained lots are located within the settlement area of the Hamlet of Hartington, both lots are not subject to the Minimum Distance Separation (MDS) I requirements.
(m) Road widenings may be required as a condition of any division of land. It is anticipated any road widening will be addressed within the conditions of the proposed consent.
(n) The Township is entitled to a dedication of land for park purposes as a condition on any division of land. Cash-in-lieu of land may be requested by the Municipality in situations where there is a public park in the area which is adequate for existing and future population. Cash-in-lieu may also be requested where the amount of land involved is small and therefore unsuitable for park development. Where lands are dedicated for park purposes, the Municipality will accept only those lands suitable for park use. Cash-in-lieu of parkland will be addressed as a condition of consent.
Consent + Minor Variance
5758 Road 38
Page 139 of 355
13 (o) For any division of land, the Municipality will impose certain conditions to the approval of the severance or subdivision. An agreement relating to the conditions may be required and may be registered on title. Conditions imposed by the Municipality with respect to the proposed consent will be addressed as required.
(p) In considering applications for division of land, the Municipality may consult with the School Boards and any other Boards or Committees which must plan for future growth. The creation of a new lot is not anticipated to have an impact on the capacity of surrounding schools.
(q) The cumulative effect of development and the resulting financial implications for the Municipality will be monitored on an on-going basis. The proposed consent has no known financial implications as it is intended to be serviced by private on-site water and sewer.
(r) The Township will consider applications for severances in light of the number of accesses being created on Township roads. In order to ensure the proper functioning of the road system, the Municipality may require the use of shared entrances by abutting property owners or other such measures. Where a shared entrance is required, the landowners shall enter into an easement agreement which shall ensure that maintenance of the entrance will be the mutual responsibility of the affected landowners. Both severed and retained lots have frontage on Road 38 and will utilize the existing access to the site. As noted, a reciprocal access easement will be established over the shared portion of the existing driveway.
(s) Where applicable, the applicant will provide sufficient information to substantiate that all lots created have a source of potable water and appropriate sanitary sewage disposal facilities in accordance with current regulations to the satisfaction of the Township and the appropriate approval authority. The proposed consent is intended to be serviced by private on-site water and sewer which will be subject to the appropriate approval authority. A hydrogeological assessment to demonstrate an adequate supply of potable water will be required to lift the hold on the severed lot prior to an application for building permit. (t) Where municipal sanitary sewer and/or water and/or electrical capacity are required, no new lots shall be created where there is not sufficient municipal sanitary sewer and/or water and/or electrical capacity available to accommodate the proposed use. The proposed consent will have access electrical and telecommunication services, water and sewer will be private on-site servicing. It is our professional planning opinion that the proposal conforms to the Township of South Frontenac’s Official Plan.
Minor Variance A minor variance is required to reduce the minimum lot frontage for both the severed and retained lots as identified in the zoning table above. The site is zoned Rural (RU) Zone in the Township of South Frontenac Zoning By-law 2003-75 Description of Requested Variances In order to permit the proposed development, relief from the following provision is being requested:
- 7.3.2 Minimum lot frontage: 76 metres Relief is required to permit a minimum lot frontage of 45 metres for the severed lot and 36 metres for the retained lot.
Consent + Minor Variance
5758 Road 38
Page 140 of 355
14
Four Tests The assessment of the proposed variances is undertaken following the tests described in Section 45(1) of the Planning Act as follows:
Test #1: Is the general intent and purpose of the Official Plan maintained? Test #2: Is the general intent and purpose of the Zoning By-law maintained? Test #3: Is the variance minor? Test #4: Is the variance desirable for the appropriate development or use of the lands in question? Test #1: Is the general intent and purpose of the Official Plan maintained? The site is located within the settlement of Hartington per Schedule ‘A’ – Land Use of the County of Frontenac Official Plan and is designated ‘Settlement Areas’ on Schedule A – Land Use Plan of the Township of South Frontenac Official Plan Based on the policy review prepared in this letter (above), the general intent of the of the County of Frontenac Official Plan is to encourage and support development within settlement areas which are based on local characteristics. Further, the general intent of the Township of South Frontenac Official Plan is to provide housing which maintains the rural character and meets the needs of the community while also adhering to the outlined consent policies. The proposed consent seeks to create one new lot for residential development intended for seniors, addressing a form of housing currently underserved within the Township. The consent will result in two lots which are consistent in shape and size with the existing lot fabric within the Hamlet of Hartington and is serviced by private on-site water and septic. While the proposal requires a decreased lot frontage to facilitate the proposed consent, both the severed and retained lots will have a lot frontage consistent with the existing lot fabric and associated lot frontages within the Hamlet of Hartington. As such, the proposed variance is not anticipated to negatively impact the rural character of the surrounding area as it aligns with the existing development pattern within the Hamlet and is intended to provide a form of housing currently underserved within the Township. Based on this review, it is our professional planning opinion that the proposed variance maintains the general intent and purpose of the County of Frontenac and Township of South Frontenac Official Plans. Test #2: Is the general intent and purpose of the Zoning By-law maintained? The site is zoned Rural (RU) Zone in the Township of South Frontenac Zoning By-law 2003-75. The existing residential use and the proposed residential use on the severed lot are permitted in this zone. The following table outlines the necessary variance required to permit the proposed development. Provision
Requirement
Retained Lot
Severed Lot
Complies?
Rural (RU) Zone – Section 7 Lot Area (min) Lot Frontage (min) Front Yard Setback (min) Rear Yar Setback (min) Interior Yard Setback (min)
Consent + Minor Variance
8,000 square meters (0.8 ha) 76 m
+/- 1.1 ha +/- 36.1 m
+/- 4.9 ha +/- 45.3 m
Yes No
20 m
20 m
To Comply
Yes
10 m
+/- 15 m
To Comply
Yes
3m
+/- 275 m (north) +/- 195 m (south) +/- 35 m (west)
To Comply
Yes
5758 Road 38
Page 141 of 355
15 Provision Gross Floor Area (min) Lot Coverage (max) Building Height (max) Accessory Building Front Yard Setback (min) Accessory Building Rear Yard Setback (min) Accessory Building Interior Yard Setback (min) Accessory Building Height (max)
Requirement
Retained Lot
Severed Lot
Complies?
59 square meters
59 m2
To Comply
Yes
20 %
< 20% To Comply (existing)
To Comply
Yes
To Comply
Yes
20 m
20 m
To Comply
Yes
3m
+/- 35 m
To Comply
Yes
3m
+/- 46 m (north) +/- 25 m (south)
To Comply
Yes
8m
To comply (existing)
To Comply
Yes
N/A
To comply (per section 5.49.4)
Yes
To Comply
To Comply
Yes
20 m (front) 3 m (rear) 3 m (interior)
N/A
Yes
<5%
N/A
Yes
< 5%
N/A
Yes
11 m
General Provisions – Section 5
Holding Overlays (5.4.1)
Setback From Private Lanes and Public Roads (5.6)
Swimming Pool Setbacks (5.23.1)
Accessory Building Lot Coverage (5.24.1)
Consent + Minor Variance
Holding Overlays are created by identifying specific lands on Schedules of this By-law and have the effect of restricting the development or use of a lot or building in accordance with the corresponding provisions until this By-law has been amended to remove the lot from the Holding Overlay in accordance with Section 36 of the Planning Act. 15.25 metres (50.0 ft.) from the centre of the right-of-way of the road allowance of former provincial highway 38 and former County of Frontenac roads; No part of such pool shall be located closer to any lot line or street line than the minimum distance required for an accessory building located on such lot. Total lot coverage of accessory buildings and structures including detached private garages shall not exceed 5% of the lot area. A swimming pool with 5% lot coverage is also permitted. A swimming pool with 5% lot coverage is also permitted
5758 Road 38
Page 142 of 355
16 Provision
Frontage on a Street (5.25)
Minimum Parking Space Requirement (5.30.1.1) Parking space dimensions (5.30.2.1)
Parking Requirements (5.30.2.2)
Parking Requirements (5.30.2.3) Location of Additional Dwelling Units (5.49.2)
Consent + Minor Variance
Requirement
Retained Lot
The lot coverage of all accessory buildings and structures on a lot (excluding pools and tennis courts) exceed the lot coverage of the existing principal building.
Accessory Buildings exceed coverage of principal dwelling – existing condition.
N/A
Yes (5.9.1)
Frontage on Road 38.
Frontage on Road 38.
Yes
No person shall erect any building or structure in any zone unless the lot upon which such building or structure is to be erected fronts upon a street. For the purposes of this By-law a street does not include an unopened road allowance, a private lane, a right-of-way or an unassumed road on a Registered Plan which has been deemed not to be a Registered Plan under the Planning Act. 2 spaces per residential dwelling a. One (1) space for each additional dwelling unit (Added by By-law 2023-74) Each parking space must have a width of not less than 2.7 metres (8.9 ft.) and a length of not less than 6 metres (19.7 ft.) Ingress and egress to and from the parking aisles prescribed by this section shall be provided by a sufficient number of adequate, unobstructed driveways having a minimum width of 6 metres (19.7 ft.), except that in the case of a single detached dwelling, the width may be reduced to 3.5 metres (11.5 ft.). All off-street parking spaces, driveways and aisles required herein shall be constructed and maintained with a stable surface. Additional dwelling units are permitted as an accessory use to the following principal buildings, if permitted in the applicable Zone: a. Single detached dwelling; or
To Comply – existing condition.
Severed Lot
4 parking spaces required.
Complies?
Yes
To Comply To comply – existing condition.
To comply
4.1 m (single detached)
4.1 m (single detached)
Yes
To Comply
To Comply
Yes
N/A
Located within a single detached dwelling.
Yes
5758 Road 38
Page 143 of 355
17 Provision
Requirement
Retained Lot
Severed Lot
Complies?
Holding Overlay (5.49.4)
In accordance with section 5.4, a Holding Overlay has been established in the area identified as “Additional Dwelling Unit Holding Overlay – Water Supply/Water Quality” on Schedule “I”. It shall be demonstrated to the satisfaction of the Municipality that the lot has an adequate supply of potable water in accordance with the Municipality’s Standard for Hydrogeological Assessment.
N/A (existing dwelling)
Hydrogeological assessment to be provided to lift the hold.
Yes
Number of Dwelling Units (max) (5.49.6.1)
3 dwelling units per lot
1 dwelling unit
3 dwelling units
Yes
N/A
Second and third dwelling unit within the principal dwelling.
Yes
N/A
To comply.
Yes
Yes
Yes
Three Dwelling Units per Lot (5.49.6.2)
Additional Dwelling Unit Servicing (5.49.6.4)
Where three dwelling units are located on one lot: a. a second dwelling unit and third dwelling unit may be attached to or located within the principal dwelling if no accessory building contains any additional dwelling units Additional dwelling units must be connected to municipal or private water and sewage services to the satisfaction of the Township.
Floor Area (max) (5.49.6.5)
The maximum gross floor area of an additional dwelling unit shall be less than or equal to the gross floor area of the principal dwelling.
N/A
Additional dwelling units to be less or equal the gross floor area of the principal dwelling.
Additional Dwelling Driveway Entrance (5.49.6.7)
The additional dwelling unit shall share the driveway entrance to the lot with the principal dwelling
N/A
To comply.
Minimum Lot Frontage Relief is required to permit a decreased lot frontage of 45 metres for the severed lot and 36 metres for the retained lot. The RU zone requires a minimum lot frontage of 76 metres. The reduced frontage for both the severed and retained lots are consistent with existing frontages along Road 38 within the Hamlet of Hartington and are not anticipated to impact the functionality of the lots which exceed the minimum lot area provision. Access to both the severed and retained lots will be from the existing driveway along Road 38, via a reciprocal access easement and no new entrances are proposed. Based on this review, it is our professional planning opinion that the proposed variance maintains the general intent of the South Frontenac Zoning By-law 2003-75.
Consent + Minor Variance
5758 Road 38
Page 144 of 355
18 Test #3: Is the variance minor? The determination of whether an application is minor is not a mathematical consideration. Rather, this test is intended to assess the degree of any impacts resulting from the minor variance application. The requested variance would be limited to the site, limiting the scope of any impacts. The site is located in an area characterized by residential uses where the frontage, area, and shape of the existing lot fabric varies. The proposed variance will allow the severance of an underutilized portion of an existing lot within the Hamlet of Hartington for the development of a single detached dwelling containing two additional dwelling units intended for seniors, which addresses a housing need within the Township. Further, as the severed and retained lots will utilize the existing driveway, no anticipated traffic hazards are anticipated. Based on this review, it is our professional planning opinion that the proposed variance is minor in nature. Test #4: Is the variance desirable for the appropriate development or use of the lands in question? The proposed development seeks to more efficiently utilize an existing oversized parcel to optimize site efficiency and create one new residential lot within the settlement area of the Hamlet of Hartington to provide housing for seniors; a form of housing currently underserved within the Township. The proposal will utilize the existing driveway on the site and will be serviced by private water and septic which is consistent with the existing development pattern in the area. Based on this review, it is our professional planning opinion that the variance is desirable for the appropriate development of the site in question.
Conclusion The applicant is seeking approval from the Township of South Frontenac to create one new lot from the site at 5758 Road 38. The proposal consists of applications for consent to sever to create a new lot and establish mutual access easements over the existing driveway, as well as a minor variance application to address minimum lot frontage for the severed lot and retained lot. These applications will allow for the development of a single detached dwelling containing two additional dwelling units intended for seniors, which addresses a housing need within the Township on a lot which is consistent with the existing lot fabric of the area. It is our opinion that the proposed applications for consent and minor variance are appropriate and represent good land use planning. Should you have any questions or comments, please do not hesitate to contact us at 613.542.5454. Respectfully submitted,
Tyler Hamilton, MCIP RPP Planner Fotenn Planning + Design
Consent + Minor Variance
Jayati Trivedi Planner Fotenn Planning + Design
5758 Road 38
Page 145 of 355
HlNCHlNBROOKE RD
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Inset Map
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040 “19
SOUTH FRONTENAC PL-BDJ-2024-0106 PL-ZNA-2024-0107 (GRANT) 5758 ROAD 38 Legend
E
BOYCE RD TROUSDALE RD
Subject PI‘OPerty PL-BDJ-2024-0106
Proposed Severance
PL—BDJ-2024-0106
V/A Provincially Significant Wetland Wetland
Retained Lands
CON 3 E PT LOT 6
Wooded Area Lake Trout Lake At Capacity
Lake Trout Lake Not at Capacity
|:|
Non-Lake Trout Lake At Capacity
ROAD 38 S758 ROAD 38
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Waterbody
.-_1 Township Boundary
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Road
RO‘AB 38
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HlGHWAY 38
S768 ROAD 38
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Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2024.
S757 ROAD 38
Page 146 of 355
3992
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.
5351
Scale: 1:2,600
ROAD 33
BOYCE RD
SZSl—l
ROAD 38
5747 ROAD 38
m
5748 ROAD 38
49
I
I
HOLLEFORD RD
HOLLEFORD RD ,
4767 HOLLEFORD RD
UTM Zone 18 NAD 83 Date: 2024-09-18
DEVELOPMENT SUMMARY Site Area: 11,682m2 (1.16ha) Total Building GFA: 561m2 (6,036ft2)
Principal Residential Unit: 187m2 (2,012ft2) Additional Residential Unit 1: 187m2 (2,012ft2) Additional Residential Unit 2: 187m2 (2,012ft2) Setbacks: Front: 20 meters Interior: 3 meters Rear: 10 meters
5758 Highway 38 SOUTH FRONTENAC Concept Plan
NOTES HIGHWAY
3.0
76.8
3.0
3.0
2.Subject to proper survey prepared by an Ontario Land Surveyor. Subject to municipal approvals and processes, to be confirmed.
38
- The base plan (lot lines, existing roads and surrounding) is based on the Township Open Data and aerial images. The site area is approximate, and all dimensions need to be confirmed by a legal survey.
3.0
HOLLEFORD ROAD
BOYCE ROAD
LEGEND SUBJECT PROPERTY BOUNDARY
76.1
3.Potential residential dwellings and septic systems are shown to demonstrate that a sufficient buildable envelope exists on the proposed lots, assuming a ~6,000-square-foot building footprint for dwellings.
PROPOSED BUILDING PROPOSED SEPTIC SYSTEM LANDSCAPING 15m BUFFER FROM SEPTIC SYSTEMS
101.4
SETBACKS
108.9
3.0
POTENTIAL SEPTIC SYSTEM 841m2
11.0 20.0
PRINCIPAL UNIT
ARU#1
ARU#2
15.0
31.3
15.0
17.0
45.3
Y 38
HIGHWA
20.0
33.0
0
5m
10m
20m
DRIVEWAY
3.0
3.0
3.0
167.5
CLIENT
TERRY GRANT
Page 147 of 355
OTTAWA:
KINGSTON:
TORONTO:
396 Cooper Street, Suite 300, Ottawa ON K2P 2H7 613.730.5709
4 Cataraqui St, Suite 315, Kingston ON K7K 1Z7 613.542.5454
174 Spadina Ave, Suite 304, Toronto ON M5T 2C2 416.789.4530
www.fotenn.com DESIGNED REVIEWED DATE
JC ET 2024.07.05
A1
Page 148 of 355
From: To: Subject: Date: Importance:
planning Re: PLZNA20240107 November 14, 2024 11:30:10 AM High
Dear Kate Kaestner, Re: PLZNA20240107 We are writing in response to the Notice of Hearing concerning the application for land variance and development on the neighboring property within approximately 60 meters of our property line. While we understand and respect the applicant’s right to develop, we have significant concerns about the impact on privacy due to the proximity of the proposed septic system, the already existing commercial-sized building built in 2023, and the anticipated increase in traffic along the shared driveway. We also took the time to speak with the neighbours, who also back onto this property, and they have voiced similar concerns. To address these shared privacy issues, we respectfully request that the township require the owner/applicant to install some form of privacy fence along the shared boundary prior to the commencement of any construction activities. This would ensure the homeowners collective privacy is preserved from the outset as development proceeds. Thank you for your attention to this matter and for considering these concerns as part of the development review process.
Fraser & Dana Murray CONFIDENTIALITY NOTICE:
This message is privileged and contains confidential information intended only for the person(s)named above. Any other distribution, copying or disclosure is strictly prohibited. If you have received this message in error, please notify us immediately by telephone and delete the message without making a copy. VIS DE CONFIDENTIALITÉ:
Ce message est privilégié et contient des informations confidentielles destinées uniquement à la personne (s) nommés ci-dessus. Toute autre distribution, copie ou divulgation est strictement interdite. Si vous avez reçu ce message par erreur, s’il vous plaît nous en aviser immédiatement par téléphone et supprimer le message sans faire de copie.
Page 149 of 355
Report from Public Services PL-BDJ-2024-0106 Application Number: ___________________________________________________ Terry Grant Applicant’s Name: _____________________________________________________
8 Lot 6 Portland Lot: _______________District:
Concession: _________________ Road 38 Road: ________________________________________________________________
Road Maintenance:
✔ Year-round □
Seasonal □
Sight Lines: Are there adequate sight lines for the entrance?
✔ Yes □
No □
If no, what changes would be required to improve sight lines? RETAINED PARCEL: ADEQUATE ENTRANCE SIGHT LINES. SEVERED PARCEL: ADEQUATE ENTRANCE SIGHT LINES
Road Conditions:
- Are there any special drainage/ditching concerns related to creation of new lot(s)? ✔ Yes □ No □ If yes, what action is the applicant required to take?
Suitable lot grading and drainage plan to be provided for severed parcel
- Is the overall road condition adequate to serve increased development/traffic? ✔ Yes □ No □ If no, please explain, and indicate if there are any measures that could be taken to correct the inadequacies.
Road Widening Required? ✔ To be determined by an Ontario Land Surveyor □ Yes □ No □ Any specific requirement?
Arterial road. Ensure that there is a 30m (100ft road allowance) otherwise applicant to dedicate any shortfall of 15m from centerline.
Approved by the Public Services? ✔ Yes □ Yes, with conditions □ No □ If yes, with conditions, please describe conditions below.
Suitable lot grading and drainage plan to be provided for severed parcel
Signature on behalf of Public Services
2024-10-16
Date
Page 150 of 355
Township of South Frontenac Building Services 4432 George Street, Box 100 Sydenham, ON K0H 2T0 613-376-3027 www.southfrontenac.net
Sewage System Review Comments To:
Secretary-Treasurer, Committee of Adjustment Township of South Frontenac 4432 George St, Box 100 Sydenham, ON K0H 2T0
Application Number:
PLBDJ20240106
Type of Application or Proposal:
Planning Sewage Review - Consent Application
Applicant: (if applicable) Agent:
Location:
Comments:
GRANT TERRY LAWRENCE Tyler Hamilton - FOTENN Planning & Design 102908004008300 5758 ROAD 38 PORTLAND CON 8 PT LOT 6 AND;RP 13R11895 PART 3 PT PART 1 Test holes dug on site show approximately 0.45m to 0.60m of depth until bedrock; soil is a clay material. Any future on-site sewage system will need to be fully raised above the heavy in-situ soil. There is adequate room on the proposed parcel to locate the sewage system in one of several different areas, depending on where the well and building will be located.
Building Inspector: Matthew Doyle Date:
October 21, 2024
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community
Page 151 of 355
To: Committee of Adjustment Prepared by: Development Services Department Meeting Date: November 14, 2024 Consent Application PL-BDJ-2024-0106 and Minor Variance Subject: Application PL-ZNA-2024-0107, Terry Grant, 5758 Road 38, Portland District
Summary The consent application is for the creation of a residential lot and for a right-of-way. The minor variance application is to allow the severed and retained parcels to have less than the required lot frontage. The Committee of Adjustment is being asked to make a decision on the consent application in conjunction with the minor variance application. This report recommends approval of the applications.
Background The purpose of the consent application is to create one new residential lot and to create a shared right-of-way (“reciprocal easement”). The severed parcel would be 1.1 hectares in area with 45 metres frontage on Road 38. The Owner intends to construct a house that contains two additional dwelling units on the new lot. The retained parcel would be 4.9 hectares in area with 36 metres frontage on Road 38. It would contain an existing house and accessory buildings. The purpose of the minor variance application is to allow the lots to have less than 76 metres road frontage that is normally required for single detached residential uses in the Rural Zone. The subject lands are mostly within the Settlement Area designation. The northern portion of the property are in the Rural designation. The severed parcel would be in the Settlement Area. The lands are zoned Rural (RU). Related Applications The lands are not subject to any additional applications under the Planning Act.
Property Description The subject property is located on Road 38 on the northern edge of Hartington. The property is L-shaped. It is developed with a house and three large accessory buildings. One of the buildings is used for a home dog grooming business.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 152 of 355
Township of South Frontenac Staff Report - Consent Application PL-BDJ-2024-0106 and Minor Variance Application PL-ZNA-20240107, Terry Grant, 5758 Road 38, Portland District
There are several neighbouring residential properties along Road 38 and Holleford Road. The properties to the north and west are used for agriculture.
Supporting Documentation A Planning Justification Letter (Fotenn Planning + Design, September 16, 2024) was submitted in support of the applications. The report explains how the proposal meets applicable planning policy.
Department and Agency Comments Public Services reported on October 16, 2024, that there are adequate entrance sight lines for both the severed parcel and the retained parcel. Road widening is to be determined by an Ontario Land Surveyor. A 30-metre right-of-way is required on Sands Road. Any shortfall of the right-of-way as measured 15 metres from the centreline of the road shall be dedicated to the Township. They also noted that there are special drainage/ditching concerns related to creation of new lot. Therefore, they recommend a lot grading and drainage plan be required for the severed parcel. Building Services reported on October 21, 2024, that there is adequate room on the proposed parcel to locate the sewage system in one of several different areas, depending on where the well and building will be located. Any future system will need to be fully raised. Building Services have no objection to the approval of the applications.
Public Comments No comments were received from the public at the time this report was written.
Planning Analysis The consent application needs to be assessed against the applicable policies of the Provincial Planning Statement 2024 (PPS), County of Frontenac Official Plan, and Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. The minor variance application needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. Consent The PPS states that rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted (section 2.5.2). The PPS also states that planning authorities must consider rural characteristics, the scale of development and the provision of appropriate service levels when directing development in rural settlement areas (s. 2.5.2). It also requires planning authorities to provide for an appropriate range and mix of housing options to meet the protected needs of current and future residents (s. 2.1.4, 2.2.1, 2.5.1). www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 153 of 355
Township of South Frontenac Staff Report - Consent Application PL-BDJ-2024-0106 and Minor Variance Application PL-ZNA-20240107, Terry Grant, 5758 Road 38, Portland District
The County of Frontenac Official Plan encourages the Township to promote mixed use development including residential, commercial, institutional, parks and employment areas in settlement areas (s. 3.2). The Township of South Frontenac Official Plan also intends that a majority of new growth will be directed to existing settlement areas where it can be supported by appropriate servicing (s. 5.6). Section 5.6.6 of the Township Official Plan indicates that a maximum of three residential lots may be created by consent from a landholding provided that the new lots meet the General Consent Policies, as well as other applicable policies. The subject property is eligible for the proposed severance, as there has been only one severance from the subject property since the adoption of the Township Official Plan. Section 5.6.1 (ii)(b) of the Township Official Plan states that the minimum lot area for lots shall not be less than 0.8 hectares (2 acres) when serviced by a private well and private sanitary sewage system. The land division policies (Section 7.1) echo the requirement for minimum lot areas for lots created through consent (i.e. for the severed parcel). The RU zone also requires a minimum 0.8 hectare lot area. The severed parcel, at 1.1 hectares, would comply with this requirement. The Township Official Plan does not specify minimum lot frontages for new lots in settlement areas. However, the RU zone requires 76 metres frontage. As discussed below, the proposed reduced lot frontages of the severed parcel and retained parcel would maintain the intent of the Official Plan. The Owner demonstrated to the satisfaction of Building Services that the severed parcel would have the ability to be serviced by a private sewage disposal system. The Township typically requires the ability to be serviced by a private well to be demonstrated as a condition of consent approval. The condition will require a hydrogeological assessment due to the additional dwelling units proposed on the lot. If the report is satisfactory, it can then be used for a future application to remove the holding symbol to allow the additional dwelling units. The proposal is for both the severed parcel and retained parcel to be accessed by the existing driveway through a reciprocal easement. This means that the common lot line will follow the centreline of the driveway and there will be a right-of-way over the driveway in favour of both parcels. Per section 7.1(r) of the Township Official Plan, staff support the use of a shared entrance for this property. Shared entrances are common in this area due to the density (number) of properties along Road 38 in Hartington. Section 7.1(r) states that where a shared entrance is required, the landowners shall enter into an easement agreement which shall ensure that maintenance of the entrance will be the mutual responsibility of the affected landowners. This agreement is a recommended condition of approval.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
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Township of South Frontenac Staff Report - Consent Application PL-BDJ-2024-0106 and Minor Variance Application PL-ZNA-20240107, Terry Grant, 5758 Road 38, Portland District
Public Services recommended a lot grading and drainage plan be required for the severed parcel as there are special drainage/ditching concerns along this section of Road 38. This recommendation would be implemented through the proposed condition of approval for a development agreement. The development agreement will notify the current or future owner of the severed parcel that a lot grading and drainage plan will be required as part of the building permit application process. The consent application meets the criteria outlined in section 51(24) of the Planning Act, does not require a plan of subdivision for the proper and orderly development of the municipality, is consistent with the PPS, and conforms to the County and Township Official Plans. The severed parcel and retained parcel will comply with the Zoning By-law subject to the requested minor variance for lot frontage. Minor Variance The Township Official Plan does not specify minimum lot frontages for new lots in settlement areas. The Official Plan policy provides flexibility to consider neighbourhood character and existing lot fabrics. The subject property has 81.4 metres frontage which would be divided between the severed and retained parcels at the existing entrance. The severed parcel would have 45.3 metres frontage and the retained parcel would have 36.1 metres frontage. These frontages would be similar to the frontages of lots of record on this section of Road 38 (they range from 25 to 60 metres). In addition, the proposed reduced frontages do not impact the development potential of the severed parcel nor the continued use of the retained parcel. The Zoning By-law requires minimum lot frontages to allow for a separation between driveways and to improve traffic safety. Minimum lot frontages are also required in order to ensure a development pattern that is reasonably consistent in nature, to avoid an overdeveloped appearance and to help ensure a reasonable separation between uses. In this situation, reduced lot frontages would complement the existing development pattern. The severed parcel would be L-shaped. The reduced frontage would not impact the ability to construct a house in line with neighbouring houses, and compliant with all yard requirements. The proposed house will contain a total of three units. The entrance of one unit will face the road, and the entrances of the other two units will face the driveway. There will be sufficient area for amenity space, and for privacy landscaping should that be desired or necessary. The shape of the lot would also result in a large area at the rear of the lot for a sewage system that provides flexibility to meet or exceed the minimum separation requirements between wells and sewage systems. The variance is desirable for the proposed use of the land. The reduced lot frontages will support the settlement area feel of the neighbourhood. It will facilitate lot creation for a different form of housing (e.g. small rental units) that is needed by the community.
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It is the opinion of Planning staff that the proposal maintains the general intent and purpose of the Official Plan and of the Zoning By-law, is desirable for the appropriate development and use of the land, and is minor.
Notice/Consultation Notice of the Statutory Public Hearings was given pursuant to the requirements of the Planning Act, at least 14 days in advance of the Public Hearing. This included notice given: • • •
by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies
Recommendations Consent It is recommended that application PL-BDJ-2024-0106 be approved for consent to sever one new residential lot and for the creation of a right-of-way from 5758 Road 38, Part of Lot 6, Concession 8, District of Portland, Township of South Frontenac subject to the following conditions. Expiry Period
- Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. Severed Lands
- The land to be severed by Consent Application PL-BDJ-2024-0106 shall be for the creation of one new residential lot approximately 1.1 hectares in area and with 45 metres frontage on Road 38 consistent with the Severance Sketch (Hopkins Chitty Land Surveyors Inc., 2024). Survey/Reference Plan or Registerable Description
- An acceptable reference plan or legal description of the severed lands, in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the Certificate of Official shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
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Township of South Frontenac Staff Report - Consent Application PL-BDJ-2024-0106 and Minor Variance Application PL-ZNA-20240107, Terry Grant, 5758 Road 38, Portland District
- The surveyor or applicant shall submit the draft Reference Plan including an area calculation noting frontage along the road electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office.
- The surveyor who prepares the reference plan referred to in Conditions #3 and #4 shall survey a 4.5 metre wide right-of-way on the centreline of the existing driveway from Road 38 to the rear lot line of the severed parcel.
- Shared legal deeded access over the right-of-way shall be provided to both the severed parcel and the retained parcel beginning at Road 38 to the rear lot line of the severed parcel (i.e. reciprocal access easement). The lawyer for the Owner shall submit the pertinent documentation in draft form for review prior to registration noting all servient and dominant lands. All reference plans noted in the documentation shall be provided electronically, if they are different from the reference plan in Condition #3. Road Widening
- The surveyor who prepares the reference plan referred to in Conditions #3 and #4 shall also determine by survey the width of Road 38 to be 30 metres. If such width is less than 30 metres, the owner shall dedicate to the Township land along the frontage of the severed lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 15 metres from the centre of the existing travelled road for Road 38; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the issuance of the Certificate of Official; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense;
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e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to the issuance of the Certificate of Official. Municipal Requirements 8. Payment of the balance of any outstanding invoices related to the consent application as well as taxes and local improvement charges levied as of the date of the issuance of the Certificate of Official shall be made to the Township Treasurer. 9. The Township of South Frontenac shall receive 5% of the value of the severed parcel, in lieu of parkland [Planning Act, s. 51(1)]. 10. The Owner shall submit a Hydrogeological Assessment that demonstrates an adequate supply of potable water is available for the intended use of the severed parcel and no unacceptable impacts to adjacent water well users and properties, to the satisfaction of the Township. The Hydrogeological Assessment shall be prepared in accordance with the Township’s Standards for Hydrogeological Assessment. In determining whether the assessment is satisfactory, the Township may require the submitted Hydrogeological Assessment to be peer reviewed. The peer review process shall be initiated by the Township but will be at the expense of the Owner. 11. In the event that there are abandoned wells located on the severed parcel or the retained property, they shall be sealed in accordance with the requirements of the Ministry of the Environment, Conservation and Parks and that this work shall be accomplished prior to the issuance of the Certificate of Official. 12. The applicant shall enter into a Development Agreement with the Township to be registered on title to the severed parcel to address the following matters and environmental standards of the Township: a. Requirement for an entrance permit for any new or relocated entrances; b. A lot grading and drainage plan to be submitted at the building permit stage; c. Notice regarding compliance with the Endangered Species Act; d. Notice regarding archeological resources and human remains. 13. The lawyer for the Owner shall prepare an easement agreement regarding the responsibility for maintenance of the shared driveway and right-of-way. The agreement shall be registered on title of the severed parcel and retained parcel, and documentation of same provided to the Township. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
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Zoning 14. The applicant is required to apply for a minor variance to permit the severed parcel to have a minimum 45 metres of lot frontage and the retained parcel to have a minimum 36 metres lot frontage. 15. Where a violation of Zoning By-law No. 2003-75 is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township. Minor Variance It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2024-0107 for 5758 Road 38, subject to the following conditions.
- The minor variance is for the minimum lot frontage requirements of section 7.3.2 of Zoning By-law No. 2003-75, as amended. The severed parcel from consent application PL-BDJ-2024-0106 is permitted to have a minimum 45 metres of lot frontage and the retained parcel is permitted to have a minimum 36 metres of lot frontage.
- Minor variance PL-ZNA-2024-0107 is applicable only to Zoning By-law No. 2003-75, as amended, and not to any subsequent zoning by-laws.
Submitted By: Christine Woods, RPP, MCIP, Manager of Planning
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PL-ZNA-2024-0029
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Q U I NT E C O NS ER V AT I O N - P L AN N I NG A C T R EV I EW QC File No. PL0264-2024 Municipality:
Township of South Frontenac
Landowner / Agent:
Lisa Manson / John Liggett
Location:
1323 Howes Lake Lane
Roll #:
10290800501990000000
Application Description:
Minor Variance Appl’n File No. PLZNA20 240029
Regulated Feature:
Howes Lake
Part lot 7, Concession 13
Portland
The application is requesting permission under Section 45(2) of the Planning Act to enlarge a legal non-conforming seasonal dwelling within 30m of Howes Lake. The applicant proposes to demolish the existing 60m2 dwelling, which is located 11.4m from the high-water mark and build a new four-season dwelling in the same location. The proposed one-storey dwelling with walkout basement would have a ground floor area of 103m2, a height of 8.6m and an 11.4m high water mark setback. A new sewage system would be installed, setback approximately 21m from the highwater mark. The existing shed requires zoning relief to permit a 27m setback from the highwater mark, and a 1.6m setback from the side lot line.
Natural Hazard policies of the Provincial Policy Statement and Quinte Conservation Planning Act Review policy Conservation Authorities have Provincially delegated responsibilities to represent Provincial interests regarding natural hazards under Section 5.2 of the Provincial Policy Statement (PPS) (2024). Natural hazards include areas subject to flooding, prone to erosion, dynamic beaches, and unstable bedrock. Generally, the policies of the PPS direct development to areas outside of hazard lands. Staff are satisfied that the application as presented is consistent with Section 5.2 of the PPS, as development will be located beyond hazard lands.
Ontario Regulation #41/24 (Regulation of Prohibited Activities, Exemptions and Permits)
Comments:
The subject lands lie within the regulated area of the 1:100-year flood plain of Howes Lake (by virtue of Ontario Regulation #41/24 – Regulation of Prohibited Activities, Exemptions and Permits). Quinte Conservation Permit No. REG0091-2023 was issued to the landowner in May 2023. As the application for minor variance is different than what was applied for in the permit application, Permit No. REG0091-2023 is no longer valid. The landowner will be required (pending approval of the minor variance application) to reapply for a permit with Quinte Conservation that is consistent with the development as is proposed in the minor variance. It is understood that the proposed 103m2 dwelling will maintain the 11.4m setback from the seasonal highwater mark from Howes Lake as the current 60m2 dwelling and that no part of the proposed dwelling will encroach closer to the highwater mark than the original footprint. The application indicates a proposed “bump out” on the water side of the proposed dwelling. The “bump out” portion of the proposed dwelling must maintain the 11.4m setback from the highwater mark. The provided ‘Building Permit Application Plot Plan’, prepared by Hopkins Chitty Land Surveyors Inc., dated September 4, 2024, which includes hand-written measurements, indicates that the current sewage system is located 10.5m from the highwater mark. The minor variance application proposes the new sewage system relocated further in land, approximately 21m from the seasonal highwater mark. As the proposed location of dwelling and sewage system do not encroach further into the setback from the flood plain as the original building/structure, the application is consistent with Section 4.13.1 c) of Quinte Conservation’s Watershed Regulation Ontario Regulation 41/24 Policy Manual Page 1 of 2
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(2024). Staff therefore have no concerns with the proposed location of the dwelling and sewage system on the property. Further, the location of the existing 10m2 (108ft2) shed will be recognized through the minor variance application as being 27m from the seasonal highwater mark, and 1.6m from the side lot line. Staff have no concern regarding the location of the existing 10m2 shed on the property.
Quinte Region Source Protection Plan Quinte Conservation provides Risk Management services as prescribed by the Clean Water Act, 2006 on behalf of member municipalities. Part of this is reviewing building and planning applications to ensure no new significant drinking water threats as outlined in the Quinte Region Source Protection Plan are created. Policies for significant threats in the Quinte Region Source Protection Plan are not applicable as the subject property lies outside of an intake protection zone or wellhead protection area for a municipal drinking water system. As such no Section 59 Clearance Notice is required.
Other Potential Township Studies As per Sections 21.1.1 and 21.1.2 of Ontario Regulation 596/22 (amendments made under the Conservation Authorities Act) as a result of the More Homes Built Faster Act, 2022, conservation authorities are no longer able to review or provide comment on Natural Heritage and Hydrogeology, nor is this office able to peer-review technical reports related to these matters. If the Township requests a hydrogeological assessment or Environmental Impact Study (EIS) it should be peer-reviewed by a qualified consultant.
Final Comments:
Quinte Conservation has no objection to the minor variance application as presented. The application is consistent with Section 5.2 of the PPS, Quinte Conservation Regulation 41/24 and watershed policies. Staff request that a copy of the decision on the application be forwarded to this office, when available. If planning approval is granted, the landowner must reapply to Quinte Conservation to obtain a permit that is representative of what is included in the minor variance. The existing Permit No. REG0091-2023 is no longer valid.
October 22, 2024 Date
Sam Carney Planning Technician And: Catherine Sinclair, Regulations Officer
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To:
Committee of Adjustment
From:
Development Services Department
Date of Meeting:
November 14, 2024
Subject:
Permission and Minor Variance Application (S. 45(2) and 45(1) of Planning Act) PL-ZNA-2024-0029, Manson/Liggett, 1323 Howes Lake Lane, Portland District
Summary This report recommends that the Committee of Adjustment grant approval of this application for permission to enlarge a legal non-conforming dwelling under section 45(2) of the Planning Act, subject to conditions. Further, this report recommends that the Committee of Adjustment grant approval of the subject application for zoning relief for a detached storage shed, subject to conditions, as this application meets the four tests of a minor variance outlined in Section 45(1) of the Planning Act. Background The submitted application was for permission to enlarge a legal non-conforming dwelling. During the review process, Planning Staff identified a storage shed constructed in 2020 on the subject property which did not comply with the Zoning By-law. A revised application was submitted, along with a Surveyor’s Real Property Report, to request a minor variance request for the shed. Official Plan Designation: Rural Zoning: Limited Service Residential – Waterfront Proposal The applicant seeks permission under section 45(2) of the Planning Act to enlarge the legal non-conforming seasonal dwelling on the property located within 30m of the highwater mark of Howes Lake. Further, the applicant seeks zoning relief for an existing 10.5sqm detached storage shed with a 5sqm attached deck. Relief Requested The applicant seeks permission to enlarge the legal non-conforming seasonal dwelling on the property. The 60sqm seasonal dwelling was recently demolished following the issuance of a Township demolition permit. The 16sqm deck currently remains in place but will also be demolished. The applicant proposes to build a larger year-round structure in a similar location www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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Township of South Frontenac Staff Report PL-ZNA-2024-0029
as the existing. The proposed dwelling would consist of a 103sqm walkout basement and a 103sqm main floor. The proposed dwelling would maintain the same setback distance from the highwater mark, 11.4m, as depicted in the submitted Surveyors Real Property Report (Hopkins Chitty Land Surveyors, August 27, 2024). The height of the dwelling will increase from 6.1m to approximately 8.6m. Section 5.8.2 (a) & Section 10.3.1 – To permit a detached storage shed with attached deck to have a highwater mark setback of 27m, whereas the Zoning By-law requires a minimum 30m setback. Section 10.3.1 – To permit a detached storage shed with attached deck to have an interior side yard setback of 1.6m to the lot line to the south, whereas the Zoning By-law requires a minimum 3m setback. Related Applications The lands are not subject to any additional applications under the Planning Act. Property Description The subject property is approximately 0.58Ac (~2370sqm) in area with frontage on Howes Lake. Access is via Howes Lake Lane. Howes Lake Lane extends through the eastern portion of the property in a north-south direction. Existing development consists of a seasonal dwelling with attached deck and a detached storage shed and well shed. The well shed is ~7m to the southeast of the dwelling, and the storage shed is ~12m to the southeast of the dwelling. Per the submitted Surveyors Real Property Report, the dwelling is setback approximately 11.4m from the highwater and 16.8m from the waters edge, of Howes Lake. The subject property features some mature tree and vegetation growth, primarily along the shoreline area and in the area surrounding the storage shed. The interior of the property is mostly cleared of trees and is maintained as a lawn. Regarding topography, the interior of the property is mostly flat, before slopping downwards towards the shoreline of Howes Lake. The surrounding area is characterized by similar style limited-service residential waterfront development. Department and Agency Comments Quinte Conservation provided comment on October 22, 2024. Staff had not objection to the approval of the application. It was noted that the landowner will be required to reapply for a Quinte Conservation development permit to accommodate the proposed development. Building Services informed staff that they have no objection with the proposed development. No formal comments were issued for this application as the property owner has already submitted a building permit application for the installation of a new Class 4 septic system. In addition, the existing shed does not require a building permit due to its minimal size. Public Services did not provide comment on the application, as the subject property is located on a private lane.
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Public Comments No public comments were received at the time of writing this report. Planning Analysis Permission to Enlarge the Dwelling The Township Official Plan designates the subject property as Rural and the property is zoned RLSW by Zoning By-law 2003-75. The seasonal dwelling is a permitted use. Section 5.10.2 of the Zoning By-law states that existing building with less than the minimum 30m setback from the highwater mark of a waterbody may be repaired, renovated, or strengthened to a safe condition provided there is no enlargement of the gross floor area or increase in height. This provision prohibits the enlargement of these existing buildings, without seeking permission from the Committee of Adjustment. The Zoning By-law considers the existing seasonal dwelling as a legal non-conforming building because it was constructed prior to the current Zoning By-law and is setback 11.4m from the highwater mark of Howes Lake. 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 and application under Section 45(2) are: • •
Whether the application is desirable for the appropriate development of the subject property; and Whether the application will result in undue adverse impacts on the surrounding properties and neighbourhood.
The proposed four-season dwelling would maintain the same setback distance as the existing seasonal dwelling. The proposed dwelling would be in approximately the same footprint as the existing but will be extending back further away from the shoreline. The existing seasonal dwelling and attached deck account for a building footprint of approximately 76sqm. Comparatively, the proposed dwelling would have a building footprint of 103sqm and increase in lot coverage from 3.2% to 4.4%. The proposed dwelling would consist of a 103sqm walkout basement and a 103sqm main floor. Per the Zoning By-law, the area of a finished or unfinished basement is not to be considered in the calculation of gross floor area. Therefore, the proposal would increase gross floor area from 60sqm to 103sqm. Proposed building height would also increase from 6.1m to 8.6m due to the addition of a basement. The application would facilitate the installation of new class 4 septic system on the subject property. The existing system is located under the attached deck, setback approximately 10m from the lake. Comparatively, the proposed septic tank would be located behind the proposed dwelling and would be setback approximately 21m from the lake. Additionally, the filter bed of the proposed septic system would be located east of Howes Lake Lane with ~45m setback from the lake. The improved location and treatment type is interpreted as an improvement over existing conditions. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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The proposed dwelling is not anticipated to result in any negative or intrusive effects on the neighbourhood or the lake. Compared to surrounding properties, the existing dwelling is slightly closer to the lake but is smaller in area. The proposed increase in building footprint and living space is appropriate for the size of the property and is consistent with existing development in the neighbourhood. The dwelling is also appropriately located in the middle of the property, in compliance with side yard setback requirements. Maintaining existing vegetation along the shoreline will assist in screening the development from the water and adjacent properties. It is the opinion of Planning Staff, that the application is unlikely to result in undue adverse impacts on surrounding properties or the neighbourhood. Planning Staff recommend that a development agreement be registered on the title of the subject property as a condition of approval. The development agreement will address matters related to erosion control, runoff management and the maintenance of a healthy shoreline buffer. This will ensure that appropriate shoreline development practices are being implemented, to not impact the environmental quality of Howes Lake. Minor Variance for Storage Shed 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 recognize an existing storage shed on lands designated Rural on Schedule A of the Township Official Plan. The type and amount of development on rural lands must maintain the rural character, natural heritage, and cultural landscape of the Township. The storage shed is accessory to the permitted residential use of the subject property. Section 5.2.7 of the Official Plan requires buildings and structures to be setback a minimum of 30m from the highwater mark or a waterbody. The purpose of this is to minimize environmental and visual impacts by reducing phosphorus inputs, preventing erosion and by maintaining the natural appearance of the shoreline. The existing shed and attached deck are presently setback 27m from the highwater mark. Given this setback distance, it is unlikely that the location of the existing structure would result in any negative impacts on Howes Lake. For example, the storage structure is already effectively screened by existing tree coverage, and the proposed dwelling would be significantly closer to the lake. Further, the subject property is minimal in area and features constraints such as a rock outcropping around the north and east sides of the structure, and a hydro line to the east of the structure. When considering these constraints, the structure’s current location maximizes the highwater mark setback while still allowing the structure to function as storage for the dwelling. It is the opinion of Township Planning Staff that the proposed variances maintain the general intent and purpose of the Official Plan, specifically the policies related to limited-service waterfront residential development, and development adjacent
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Does the variance maintain the general intent and purpose of the Zoning By-law? An accessory structure is a permitted use within the RLSW zone. The existing storage shed complies with all requirements of the Zoning By-law except the minimum side yard and highwater mark setbacks. The General Provisions and the RLSW zone require a 30m setback from the highwater mark of a waterbody. As previously discussed, the purpose of this setback is to minimize impacts to the waterbody. The storage shed and attached deck are setback 27m from the highwater mark. Given this setback distance, it is unlikely that the structure would negatively impact the lake. Further, the subject property features several constraints which would limit the ability to locate a compliant structure while allowing it to function as storage for the dwelling. The RLSW zone requires a 3m setback from interior lot lines. The purpose of this setback is to minimize intrusion onto abutting properties. The storage shed is presently setback 1.6m from the side lot line to the south. Due to the existence of a rock outcropping just to the north of the structure, it would be challenging to shift the structure without a considerable amount of site alteration. Moving the structure west would further encroach into the 30m highwater mark setback, and moving the structure further east would encroach into the 4.8m hydro line setback. The dwelling on the abutting property to the south is also built within 3m of the shared lot line. However, there is enough distance between both structures and the shared lot line to allow them to be accessible without encroaching into either property. 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 of the land, building or structure in question? The requested variances are desirable for the appropriate development of the land. The existing shed provides storage to the residential use of the property and needs to be in reasonable proximity to the dwelling to maintain its function. Given the existing physical constraints, the setback distances to the highwater mark and side yard are appropriate. Further, the existing structure will be visually screened from the lake and the laneway by virtue of existing tree coverage. 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. The location of the shed is not anticipated to result in any negative impacts on the lake or the abutting property to the south. 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 the property, as described in this report. Further, it is appropriate for the Committee of Adjustment to grant zoning relief for the existing storage shed on the subject property. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing. This included notice given: • • •
by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies
Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve application PL-ZNA-2024-0029 for 1323 Howes Lake Lane, subject to the following conditions.
- Permission is granted to enlarge the legal non-conforming dwelling on the subject property. The replacement dwelling is permitted to have a 103 square metre walkout basement, a 103 square metres main floor, a maximum building height of 8.6 metres, and to maintain the highwater mark setback of the existing dwelling, as depicted in the Surveyors Real Property Report (Hopkins Chitty Land Surveyors, August 27, 2024) and the submitted plot plan (Building Permit Application Plot Plan, dated September 4, 2024) that will be attached to the Decision as Schedule “A”.
- The minor variance is for an existing 10.5sqm detached storage shed with a 5sqm attached deck. The storage shed is permitted to be setback a minimum of 29m, and the attached deck is permitted to be setback a minimum of 27m from the highwater mark of Howes Lake. The storage shed is permitted to establish a minimum 1.6m setback from the side lot line to the south. The location of the storage shed and attached deck must be consistent with the Surveyors Real Property Report (Hopkins Chitty Land Surveyors, August 27, 2024) and the submitted plot plan (Building Permit Application Plot Plan, dated September 4, 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 Howes Lake and discharged to natural or constructed leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads to reduce the velocity of runoff. c. A natural vegetated buffer must be maintained in its natural state within 30 metres of Howes Lake, except in the immediate area of the building envelope. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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- The owner is required to have the location of the replacement dwelling pinned and its setback from the highwater mark of Howes Lake as shown in the Surveyors Real Property Report (Hopkins Chitty Land Surveyors, August 27, 2024) verified by an Ontario Land Surveyor to be compliant with the Committee’s decision, prior to construction occurring and to the satisfaction of the Township Chief Building Official or their designate.
- A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac. Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods RPP, MCIP, Manager of Planning
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16-Sep-2024
PL-ZNA-2024-0107
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5758 ROAD 38 CONSENT + MINOR VARIANCE
1
September 16, 2024 Christine Woods Senior Planner Development Services Township of South Frontenac Via Email: cwoods@southfrontenac.net RE:
5758 Road 38 Applications for Consent and Minor Variance
Dear Ms. Woods, Fotenn Planning + Design has been retained by Terry Grant to prepare this planning justification letter in support of applications for consent to sever and minor variance for the property municipally known as 5758 Road 38, in the Township of South Frontenac (‘the site’). The purpose of these applications is to create a new lot within the Hamlet of Hartington for the development of a single-detached dwelling containing two additional dwelling units. The consent will result in a total of two lots (one severed and one retained) and a reciprocal access easement over the shared portion of the existing driveway. A minor variance is required to permit a reduced lot frontage for both the severed and retained lots. The site is designated Settlement Areas on Schedule A – Land Use Plan of the Township of South Frontenac Official Plan and is zoned Rural (RU) Zone and is subject to the Additional Dwelling Unit Holding Overlay on Schedule I of the Township of South Frontenac Zoning By-law 2003-75. Correspondence with Township planning staff confirmed the application requirements. Accordingly, the following are submitted in support of the application: / Concept Plan; / Survey Sketch; / Complete Application Form and Fees; and / This Planning Justification Letter.
Site Description + Surrounding Context The site is located in Hamlet of Hartington, north of the intersection of Road 38 and Holleford Road. The site has an area of approximately 6 hectares with approximately 81.4 meters of frontage on the east side of Road 38. The site is currently occupied with a single-detached dwelling and three accessory structures, including a garage and utility sheds. Access to the site is provided from Road 38 via an existing gravel driveway. Lands adjacent to the site along Road 38 and Holleford Road are predominately residential uses where lots vary in lot area, shape, and frontage.
KINGSTON 4 Cataraqui Street, Suite 315 Kingston, ON K7K 1Z7 T 613.542.5454 fotenn.com
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Figure 1: Site Context (Source: AG Maps, Annotated by Fotenn)
Proposed Development The subject applications seek to leave the existing dwelling and accessory buildings on the retained lot unchanged while severing a lot from the underutilized northwestern portion of the site. The proposed severed lot will have an area of approximately 1.1 hectares with approximately 45 metres of frontage along Road 38. The proposed severed lot will be serviced by a private septic system and well. The severed lot will be accessed by the existing gravel driveway via a reciprocal access easement. The retained lot will have an area of approximately 4.9 hectares with approximately 36 metres of frontage along Road 38. The retained lot will remain serviced by the existing private septic system and well on-site. Vehicular access to the retained lot will remain from Road 38 by way of the existing gravel driveway via a reciprocal access easement over the shared portion of the driveway. The applicant intends to develop the severed lot with a one-storey single-detached dwelling containing two additional dwelling units intended for seniors. The principal unit will face west towards Road 38 while the two additional dwelling units will face south. The proposed dwelling will have a similar setback to the existing dwelling to the north, providing a consistent setback along this portion of Road 38. A future hold lift and building permit application will be necessary to facilitate the proposed development.
Consent + Minor Variance
5758 Road 38
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Figure 2: Severance Sketch (Source: Hopkins Chitty)
Figure 3: Concept Plan (Source: Fotenn)
Consent + Minor Variance
5758 Road 38
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Application for Consent to Sever An application for consent to sever is required to create a new lot. The Rural (RU) Zone requires a minimum lot area of 8000 square metres (0.8 hectares) and a minimum lot frontage of 76 metres. Both the severed and retained lot will have an approximate lot area of 1.1 and 4.9 hectares respectively with an approximate lot frontage of approximately 45 meters and 36 meters respectively. Both the severed and retained lots will require relief for minimum lot frontage. A minor variance will be required to permit the proposed severance.
Policy + Regulatory Review Planning Act In considering an application for land severance, the approving body must evaluate the merits of the proposal against Section 53 of the Planning Act, which further requires a review of Section 51 (24) of the Planning Act. The criteria relating to the proposed severance are below in italics.
53 (1) An owner or chargee of land, or the owner’s or chargee’s agent duly authorized in writing, may apply for a consent as defined in subsection 50 (1) and the council or the Minister, as the case may be, may, subject to this section, give a consent if satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality. The proposed application for consent seeks to create one new lot in the Hamlet of Hartington. It is our opinion that a plan of subdivision is not necessary for the proper and orderly development of the proposed severance.
53 (12) A council or the Minister in determining whether a provisional consent is to be given shall have regard to the matters under subsection 51 (24) and has the same powers as the approval authority has under subsection 51 (25) with respect to the approval of a plan of subdivision and subsections 51 (26) and (27) and section 51.1 apply with necessary modifications to the granting of a provisional consent. Detailed criteria from Section 51(24) are discussed below.
51 (24) In considering a draft plan of subdivision, regard shall be had, among other matters, to the health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality to a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2; The consent has regard for matters of provincial interest found in Section 2 in that it will not negatively impact natural, agricultural, or cultural heritage resources. The proposed consent will contribute to the range of housing options in the Hamlet of Hartington and will provide a site layout that is well-designed and is not anticipated to create challenges in terms of public health and safety.
b) whether the proposed subdivision is premature or in the public interest;
The proposed consent is not premature as it represents a limited form of residential development that is compatible with the existing rural character of the area. The site is designated and zoned to permit residential uses. The proposed lots are in the public interest as they will provide an opportunity for residential development on lots which generally comply with the implementing zoning by-law.
c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any; Conformity with the Official Plan is discussed below. The proposal conforms to the Official Plan.
Consent + Minor Variance
5758 Road 38
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5 d) the suitability of the land for the purposes for which it is to be subdivided; The proposed consent seeks to create one new lot for residential development within the Hamlet of Hartington, on a site which is designated and zoned for residential uses. The proposed lots are consistent in shape and size with the existing lot fabric of the surrounding area.
d.1) if any affordable housing units are being proposed, the suitability of the proposed units for affordable housing; The proposal does not include affordable housing.
e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them; The site has frontage on Road 38, a municipal road and former highway. Both the severed and retained lots will utilize the existing gravel driveway with access to Road 38. f) the dimensions and shapes of the proposed lots; The severed and retained lots meet the general intent of the zoning by-law. An application for minor variance is required to obtain relief from the minimum lot frontage provision for both the severed and retained lots. The irregular shape of the severed lot, particularly to the rear, is to ensure there is sufficient space for the provision of private on-site servicing. The severed and retained lots are compatible in size and shape of the lots when compared to the existing lot fabric of the surrounding area.
g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land; The severed and retained lots will be subject to the performance standards of the current zoning of the site which is the Rural (RU) zone in addition to the Additional Dwelling Unit Holding Overlay on Schedule I of the Township of South Frontenac Zoning By-law 2003-75. Per Section 5.35 of the implementing zoning by-law, since both the severed and retained lots are located within the settlement area of the Hamlet of Hartington, both lots are not subject to the Minimum Distance Separation (MDS) I requirements and therefore, no restrictions are anticipated for the proposed lots.
h) conservation of natural resources and flood control; There are no identified natural resources or flood plains on or in proximity to the site.
i)
the adequacy of utilities and municipal services;
The site will be serviced by private on-site water and septic, in keeping with the nature of servicing on lots in the surrounding area.
j)
the adequacy of school sites;
The addition of one new lot is not anticipated to have an impact on the capacity of local schools.
k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes; In accordance with the Planning Act, it is anticipated that cash-in-lieu of parkland will be a condition of consent. l)
the extent to which the plan’s design optimizes the available supply, means of supply, efficient use and conservation of energy; and,
The consent application seeks to create one new lot from an existing parcel. The proposal will contribute to the efficient use of privately serviced land with frontage on a public road.
Consent + Minor Variance
5758 Road 38
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6 m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designed under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006. 1994, c. 23, 2. 30; 2001, c. 32, s. 31 (2); 2006, c. 23, s. 22 (3, 4). Per the Township of South Frontenac Site Plan Control By-law, site plan control will not be required for the proposed lot. It is our professional planning opinion that the proposed consent has proper regard for the criteria found in section 51 (24) of the Planning Act. Provincial Policy Framework Provincial Policy Statement, 2020 The 2020 Provincial Policy Statement (PPS) provides high-level land use policy direction on matters of Provincial Interest as they relate to land use planning in Ontario municipalities. Decisions of municipal councils must be consistent with the PPS, which provides direction for issues such as the efficient use of land and infrastructure, the protection of natural and cultural heritage resources, maintaining a housing stock that appropriately addresses the demographic and economic diversity of households, and preserving natural resources for their future use. The proposed applications are consistent with the 2020 PPS broadly they intend to add housing options for seniors on an underutilized lot within the settlement area of the Hamlet of Hartington which will be serviced by private onsite water and sewer (1.1.1.a, 1.1.1.b, 1.1.1.c, 1.1.1.d, 1.1.1.e, 1.1.1.f, 1.1.1.g, 1.1.3.2.a, 1.1.3.2.b., 1.4.3.b.1, 1.4.3.d, 1.6.6.4, 1.7.1.b., 1.7.1.c, 1.7.1.d). It is our professional planning opinion that the proposal is consistent with the 2020 Provincial Policy Statement. Provincial Planning Statement, 2024 The Provincial Policy Statement (2020) remains in effect until October 20th, 2024. Should a decision for these applications be made following that date, the 2024 Provincial Planning Statement is the appropriate policy context for review. To this effect, the incoming Provincial Planning Statement (2024) is reviewed below. The proposed applications are consistent with the 2024 PPS broadly as they intend to add housing options for seniors on an underutilized lot within the settlement area of the Hamlet of Hartington (2.1.4.a, 2.2.1.b.1, 2.3.1.1, 2.3.1.2.a, 2.3.1.2.b, 2.3.1.3). The proposal will have access to municipal infrastructure and will be serviced by private on-site water and sewer (2.2.1.c, 2.3.1.2.b, 2.3.1.3, 3.6.4). Section 4 of the PPS gives consideration to the wise use and management of resources that provide economic, environmental, and social benefits. This is achieved through policies that provide for the conservation of biodiversity, protection of the health of the Great Lakes, and protection of natural heritage, water, agricultural, mineral, and cultural heritage and archaeological resources. No negative impacts to natural or cultural heritage features nor agricultural resources are anticipated as a result of the proposed development. Section 5 of the PPS deals with protection of public health and safety. The policies in this section direct development away from naturally-occurring and human-made hazard lands, such as floodplains, erosion-prone areas, former mining and aggregate extraction operations, and other types of contaminated areas. There are no natural hazard concerns on or in proximity to the property. No public health or safety concerns are anticipated as a result of the proposed lot creation. It is our professional planning opinion that the proposal is consistent with the incoming 2024 Provincial Planning Statement.
Consent + Minor Variance
5758 Road 38
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7 County of Frontenac Official Plan The County of Frontenac Official Plan was adopted by County Council in October 2014. It was approved by the Ministry of Municipal Affairs and Housing in January 2016. As an upper tier-municipality, the County of Frontenac OP details high-level goals, objectives, and policies for the four constituent municipalities (the Townships of Frontenac Islands, South Frontenac, Central Frontenac, and North Frontenac). The Official Plan is intended to guide land use changes in the County over the next 20 years to 2034 by protecting and managing the natural environment, directing and influencing growth patterns and facilitating the vision of the County as expressed through its residents. The following sections of the OP will be discussed as they relate to the consent applications with policies identified as relevant to the application indicated in italics: / Section 3: Growth Management; and / Section 4: Community Building. Section 3 of the County’s Official Plan provides growth management polices which are intended to help guide new residential and non-residential development across the County at a regional level. The site is located within the settlement of Hartington per Schedule ‘A’ – Land Use of the County of Frontenac Official Plan. Settlement area policies are intended to provide a framework which encourage and support development based on local characteristics.
Section 3.2.2 Settlement Area Policies Section 3.2.2.1 General – The following general policies shall apply to Settlement Areas which are identified on Schedule ‘A’ of this Plan:
- Local Official Plans shall designate Settlement Areas and determine their boundaries.
- Efficient development patterns and road connections will be encouraged in Settlement Areas to optimize public services and to make the most efficient use of land and resources.
- Local Official Plans shall, where feasible, promote mixed use development in Settlement Areas including residential, commercial, institutional, parks, and employment areas. The subject property is designated ‘Settlement Areas’ on Schedule A – Land Use Plan of the Township of South Frontenac Official Plan. The proposed consent seeks to create a new lot with private on-site servicing for residential development with frontage on Road 38, which is of a shape and size consistent with the surrounding lot fabric and generally complies with the implementing zoning by-law. The site has an existing driveway which accesses Road 38, and no new entrances are proposed. Section 4 of the County’s Official Plan sets out policies that are intended to help ensure that the public infrastructure that ties the region together, such as transportation, water, wastewater, and solid waste, and is key to the County’s sustainability, can be maintained and possibly enhanced over the next twenty years.
Section 4.2.1.5 – Where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not provided, individual on-site sewage services and individual on-site water services may be used provided that site conditions are suitable for the long-term provision of such services with no negative impacts. In settlement areas, these services may only be used for infilling and minor rounding out of existing development. Negative Impacts shall be defined for the purposes of this section and Section 4.2.1.5 as degradation to the quality and quantity of water, sensitive surface water features and sensitive groundwater features, and their related hydrologic functions, due to single, multiple or successive development. Negative Impacts should be assessed through environmental studies including hydrogeological or water quality impact assessments, in accordance with provincial standards. The severed lot will utilize private on-site water and septic designed to the required standard of the appropriate approval authorities. It is recognized a hydrogeological assessment to demonstrate an adequate supply of potable water will be required to lift the hold on the severed lot prior to an application for building permit.
Consent + Minor Variance
5758 Road 38
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It is our professional planning opinion that the proposal conforms to the policies of the County of Frontenac Official Plan. Township of South Frontenac Official Plan The Township of South Frontenac Official Plan was adopted by Township Council on September 5, 2000. It was approved by the Minister of Municipal Affairs and Housing on April 30, 2002, and approved by the Ontario Municipal Board on November 25, 2003. In August 2019, an Official Plan Review was undertaken by the Township which is still ongoing. The purpose of the Official Plan is to provide a vision, goals, objectives, and policies to direct the physical development of the Township of South Frontenac while having regard for relevant social, economic, and environmental matters. The Official Plan is intended to promote the orderly and economic growth of the Township while correcting existing problems and safeguarding the health, convenience, and economic well-being of the Township’s current and future residents within the financial resources of the municipality. The following sections of the OP will be discussed as they relate to the consent applications with policies identified as relevant to the application indicated in italics: / Section 4.0: Goals and Objectives / Section 5.0: Land Use Policies; and / Section 6.0: General Policies / Section 7.0: Division of Land
Section 4.2 – Housing (a) Objectives (i) to minimize the cost of providing essential municipal services to the residents. This will be accomplished by planning controls which consider the long-term servicing costs of all developments. (ii) to maintain the established rural character of the community. This will be accomplished by zoning controls which reduce land use conflicts, minimize the impact of development on traditional rural activities and place environmental concerns ahead of residential growth. (iii) to provide for a variety of housing types which will meet the varied and evolving needs of the residents. This will be achieved through by-laws which set out the criteria for construction and maintenance standards of various types of accommodation. (iv) to encourage seniors’ facilities, group homes and affordable housing to meet the needs of the community. Mindful of the municipality’s limited funds, this will be accomplished by zoning bylaws rather than by direct or indirect subsidies.
The proposed consent seeks to create one new lot for residential development with private on-site servicing which will provide housing in the Township while minimizing servicing costs. The proposed development will respond to a need in the housing market by providing housing for seniors, a form of housing which is currently underserved in the Township. The proposed lots generally comply with the implementing zoning by-law and are compatible in shape and size with the surrounding lot fabric.
Section 4.8 Servicing and community improvement goal (a) Objectives (iii) to require the installation of private water supply systems and private sewage treatment systems in accordance with the requirements of the appropriate governmental agencies. The proposed consent will have a lot area sufficient for the development of a single-detached dwelling containing two additional dwelling units with private on-site water and septic.
Consent + Minor Variance
5758 Road 38
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Figure 4: Official Plan Context (Source: Township of South Frontenac, Annotated by Fotenn).
Section 5.6 Settlement Areas (i) to ensure that sufficient lands are available to permit the location of new development in full accordance with the servicing standards of the Ministry of the Environment; (iv) to promote a full range and mix of housing types and densities;
The proposed consent will create one new lot on an existing underutilized parcel in the settlement area of the Hamlet of Hartington for the development of a single-detached dwelling containing two additional dwelling units, adding to the housing options in the area. The severed lot will be a sufficient size to accommodate the proposed development and associated private on-site water and septic.
Section 5.6.1 Residential Policies (i) Permitted Uses: The uses permitted shall include single detached dwellings; semi-detached or duplex dwellings, multiple unit dwellings, single detached dwellings converted to multiple unit dwellings; group homes established in accordance with the provisions of Section 6.5, bed and breakfasts and home occupations.
The proposed consent seeks to create a new lot for the development of a single-detached dwelling containing two additional dwelling units, which is a permitted use under the Settlement Areas designation.
(ii)
Development Criteria for Single Detached, Semi-detached and Duplex Dwellings a) All development shall be serviced in accordance with Section 6.10 of this Plan. As such, development may be permitted to occur on private water supply and sanitary sewage disposal systems. Such systems shall be located and constructed as required by the appropriate approval authority. However, development also may be permitted to occur on municipal communal water supply and/or municipal communal sanitary sewage systems subject to the approval of the Ministry of the Environment and Council.
The future private on-site water and sewer servicing to occur on the severed lot will be subject to the requirements of the appropriate approval authority. Conformity to section 6.10 is addressed in detail below. The proposal conforms to Section 6.10 of this plan.
Consent + Minor Variance
5758 Road 38
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b) The minimum lot area for a single detached dwelling shall not be less than .8 hectares (2 acres) when serviced by a private well and private sanitary sewage disposal system and the minimum lot size for a semi-detached or duplex dwelling shall not be less than .8 hectares (2 acres) when serviced by a private well and private sanitary sewage system subject to the approval of the appropriate authority and Council. Both the severed and retained lots will have an approximate lot area of 1.1 hectares and 4.9 hectares respectively, exceeding the minimum lot area requirement for a lot with a single detached dwelling serviced by private on-site water and sewer.
c) In the case of development proposed to be serviced by municipal communal piped water supply and/or sanitary sewage disposal systems, the determination of appropriate minimum lot size criteria shall be made by Council in consultation with the Ministry of the Environment prior to the approval of an amendment to the implementing zoning by-law to permit the development to proceed.
Both the severed and retained lots will be serviced by private on-site water and sewer.
d) Development of single detached, duplex or semi detached dwellings should be compatible with existing and proposed land uses. In this regard, these uses should not be located adjacent to higher density residential, commercial or industrial uses. In the event such uses are adjacent to single detached, semi detached or duplex dwellings, appropriate buffering or screening shall be provided. Details of the buffering or screening techniques shall be detailed in the Zoning Bylaw. The proposed development on the severed lot consists of a single detached dwelling containing two additional dwelling units intended for seniors. The proposal is compatible with the adjacent and surrounding built form which is predominantly single detached dwellings on lots which vary in lot area and lot frontage. Further, the proposed lots are consistent in shape and size with the existing lot fabric of the surrounding area.
Section 6 provides the general development policies of the official plan which are not related to a specific land use designation. Section 6.10.1 – General During the planning period of this plan, development predominantly shall occur on the basis of private wells and private septic tank and leaching beds/tile fields in accordance with the standards of the authorities responsible for their approval. Development will only occur on the basis of private individual on-site sources of potable water and septic systems or municipal communal sewer and/or water systems where required. No new private communal sewer and/or water systems will be permitted. It is the intent of this plan that private on-site sanitary sewage disposal systems primarily consist of septic tanks and leaching beds/tile fields. However, consideration may be given to the use of other proven systems subject to the approval of the Ministry of the Environment and Council. Where residential development has been proposed of more than five (5) lots on individual, private water and sewage, and has been accepted via the results of a private servicing report, the Township will require a Private Services Impact Assessment Report to be prepared by the owner/developer and submitted for Township review and approval. The report is to demonstrate potable groundwater quality, adequate groundwater yield, negligible groundwater quality interference, soil suitability and sufficient area available for effluent treatment and shall identify the location of the septic system, well and house. 6.10.2 Settlement Area Servicing – Primarily, development shall occur on the basis of private water and sanitary sewage disposal systems.
Consent + Minor Variance
5758 Road 38
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11 The proposed consent is intended to be serviced by private on-site water and sewer which will be subject to the appropriate approval authority. Further, it is recognized a hydrogeological assessment will be required to demonstrate an adequate supply of potable water to lift the hold on the severed lot prior to an application for building permit.
Section 7 provides the policy framework for land division to occur within the township. Section 7.1 – General Consent Policies Applicable to All Land Use Designations (a) Consents shall only be granted when it is clearly not necessary in the public interest that a Plan of Subdivision be registered. In this regard, consents will be considered when the creation of new lots, in the opinion of the Municipality, will clearly have no adverse environmental, social or economic impact on the Township or adjacent land uses. It is our opinion that a plan of subdivision is not necessary for proper and orderly development as the lots are consistent with the existing lot fabric of the surrounding area. The proposed consent will be serviced by private water and septic which is also consistent with the existing development pattern in the area.
(b) Where a land holding has more than one detached dwelling in existence at the time of adoption of this Plan, the severance of a parcel of land including the additional dwelling may be permitted subject to all other policies of this Plan. The site is currently occupied with a detached dwelling unit with 3 accessory structures. The proposed consent will sever the underdeveloped northwestern portion of the site for the future development of a residential single detached dwelling containing two additional dwelling units intended for seniors.
(c) The size of any parcel of land created by consent shall be appropriate for the uses proposed. No parcel of land created as a result of a consent shall be less than that prescribed in the respective land use designations of this Plan, except for parcels created as lot additions or for technical reasons. The proposed consent conforms to the official plan and generally complies with the implementing zoning by-law. A minor variance will be required to permit the deficient lot frontages associated with the severed and retained lots. The shape and size of the proposed lots exceed the minimum lot are requirement of the implementing zoning by-law and are compatible with the existing lot fabric in the surrounding area.
(d) Consents should be granted which generally provide for a satisfactory geometric design of the severed and retained parcels. Both the retained and severed lots will generally comply with the implementing zoning by-law and are consistent with the existing lot fabric in the surrounding area.
(e) Consents shall not be granted for a parcel of land which is subject to flooding or erosion, or other physical hazard, and where no building envelope is identified on the lot, when the use of the parcel requires that a building be erected. The advice of the appropriate authority will be sought in this regard. The subject property does not contain any known natural features and is not subject to any known natural hazards.
(f) All applications for consent shall be accompanied with a sketch showing to scale the dimensions of the lots (severed and retained) to be created by the proposed consent. In addition, existing buildings and setbacks from the property lines and major topographic and land features such as an escarpment, creek or wetland shall be shown. The sketch shall also identify all buildings, septic systems and wells on the lands subject to the consent application as well as on adjacent lands. For those applications which constitute an addition to a holding, the sketch shall show the location, size, use and ownership of the lot to be enlarged. A concept plan demonstrating the lot fabric and dimensions of the proposed consent is provided as part of this submission.
Consent + Minor Variance
5758 Road 38
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12 (g) The creation of no more than two lots in total (i.e. including severed and retained) shall result from any one severance application for a new lot. Consents that are to establish a legal right-of-way for more than 21 years will require an application for consent when it is not part of a proposed new lot. One consent application has been prepared for the creation of one new lot by consent and reciprocal access easement over the shared portion of the existing driveway.
(h) Consents which would result in landlocking a parcel will be denied. All new lots, except limited service residential lots, shall front onto and gain direct access from an existing public road which reflects a reasonable standard of pavement or gravel construction and is maintained year round by the municipality. All lots associated with the consent will not be land locked and will have frontage on Road 38.
(i)
Consents should not be granted for land adjacent to a road from which access is to be obtained where a traffic hazard would be created because of limited sight lines on curves or grades.
Both severed and retained lots will be using the existing access to the site and there are no anticipated traffic hazards associated with the proposed consent.
(j)
The creation of a residential lot having access only to former provincial highway No. 38 outside of the Settlement Areas for residential purposes will generally be discouraged. In special circumstances where there is no other alternative available, such lot may be considered provided that the Township approved the proposed entrance. Entrance requirements to former Highway 38 shall be in accordance with Ministry of Transportation guidelines and regulations. Access to new lots on former Frontenac County Roads will be guided by the Frontenac County Road Entrance Policy as amended from time to time.
Both severed and retained lots are located within Hamlet of Hartington, a settlement area, and will utilize the existing driveway which accesses Road 38. As noted, a reciprocal access easement will be established over the shared portion of the existing driveway.
(k) Any division of land must respect the separation distances for land uses as set out in this Plan and in the Zoning By-law. The proposed consent conforms to the Township of South Frontenac Official Plan and generally complies with the implementing zoning by-law. The proposed severed lot will provide a lot area of approximately 1.1 hectares within the Hamlet of Hartington, which provides an appropriate building envelope for future residential development.
(l)
All division of land for new farm and non-farm uses shall comply with the Minimum Distance Separation Formulae I or II as amended.
The proposed consent is to establish a new lot for residential development within the Hamlet of Hartington. Per Section 5.35 of the implementing zoning by-law, since both the severed and retained lots are located within the settlement area of the Hamlet of Hartington, both lots are not subject to the Minimum Distance Separation (MDS) I requirements.
(m) Road widenings may be required as a condition of any division of land. It is anticipated any road widening will be addressed within the conditions of the proposed consent.
(n) The Township is entitled to a dedication of land for park purposes as a condition on any division of land. Cash-in-lieu of land may be requested by the Municipality in situations where there is a public park in the area which is adequate for existing and future population. Cash-in-lieu may also be requested where the amount of land involved is small and therefore unsuitable for park development. Where lands are dedicated for park purposes, the Municipality will accept only those lands suitable for park use. Cash-in-lieu of parkland will be addressed as a condition of consent.
Consent + Minor Variance
5758 Road 38
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13 (o) For any division of land, the Municipality will impose certain conditions to the approval of the severance or subdivision. An agreement relating to the conditions may be required and may be registered on title. Conditions imposed by the Municipality with respect to the proposed consent will be addressed as required.
(p) In considering applications for division of land, the Municipality may consult with the School Boards and any other Boards or Committees which must plan for future growth. The creation of a new lot is not anticipated to have an impact on the capacity of surrounding schools.
(q) The cumulative effect of development and the resulting financial implications for the Municipality will be monitored on an on-going basis. The proposed consent has no known financial implications as it is intended to be serviced by private on-site water and sewer.
(r) The Township will consider applications for severances in light of the number of accesses being created on Township roads. In order to ensure the proper functioning of the road system, the Municipality may require the use of shared entrances by abutting property owners or other such measures. Where a shared entrance is required, the landowners shall enter into an easement agreement which shall ensure that maintenance of the entrance will be the mutual responsibility of the affected landowners. Both severed and retained lots have frontage on Road 38 and will utilize the existing access to the site. As noted, a reciprocal access easement will be established over the shared portion of the existing driveway.
(s) Where applicable, the applicant will provide sufficient information to substantiate that all lots created have a source of potable water and appropriate sanitary sewage disposal facilities in accordance with current regulations to the satisfaction of the Township and the appropriate approval authority. The proposed consent is intended to be serviced by private on-site water and sewer which will be subject to the appropriate approval authority. A hydrogeological assessment to demonstrate an adequate supply of potable water will be required to lift the hold on the severed lot prior to an application for building permit. (t) Where municipal sanitary sewer and/or water and/or electrical capacity are required, no new lots shall be created where there is not sufficient municipal sanitary sewer and/or water and/or electrical capacity available to accommodate the proposed use. The proposed consent will have access electrical and telecommunication services, water and sewer will be private on-site servicing. It is our professional planning opinion that the proposal conforms to the Township of South Frontenac’s Official Plan.
Minor Variance A minor variance is required to reduce the minimum lot frontage for both the severed and retained lots as identified in the zoning table above. The site is zoned Rural (RU) Zone in the Township of South Frontenac Zoning By-law 2003-75 Description of Requested Variances In order to permit the proposed development, relief from the following provision is being requested:
- 7.3.2 Minimum lot frontage: 76 metres Relief is required to permit a minimum lot frontage of 45 metres for the severed lot and 36 metres for the retained lot.
Consent + Minor Variance
5758 Road 38
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14
Four Tests The assessment of the proposed variances is undertaken following the tests described in Section 45(1) of the Planning Act as follows:
Test #1: Is the general intent and purpose of the Official Plan maintained? Test #2: Is the general intent and purpose of the Zoning By-law maintained? Test #3: Is the variance minor? Test #4: Is the variance desirable for the appropriate development or use of the lands in question? Test #1: Is the general intent and purpose of the Official Plan maintained? The site is located within the settlement of Hartington per Schedule ‘A’ – Land Use of the County of Frontenac Official Plan and is designated ‘Settlement Areas’ on Schedule A – Land Use Plan of the Township of South Frontenac Official Plan Based on the policy review prepared in this letter (above), the general intent of the of the County of Frontenac Official Plan is to encourage and support development within settlement areas which are based on local characteristics. Further, the general intent of the Township of South Frontenac Official Plan is to provide housing which maintains the rural character and meets the needs of the community while also adhering to the outlined consent policies. The proposed consent seeks to create one new lot for residential development intended for seniors, addressing a form of housing currently underserved within the Township. The consent will result in two lots which are consistent in shape and size with the existing lot fabric within the Hamlet of Hartington and is serviced by private on-site water and septic. While the proposal requires a decreased lot frontage to facilitate the proposed consent, both the severed and retained lots will have a lot frontage consistent with the existing lot fabric and associated lot frontages within the Hamlet of Hartington. As such, the proposed variance is not anticipated to negatively impact the rural character of the surrounding area as it aligns with the existing development pattern within the Hamlet and is intended to provide a form of housing currently underserved within the Township. Based on this review, it is our professional planning opinion that the proposed variance maintains the general intent and purpose of the County of Frontenac and Township of South Frontenac Official Plans. Test #2: Is the general intent and purpose of the Zoning By-law maintained? The site is zoned Rural (RU) Zone in the Township of South Frontenac Zoning By-law 2003-75. The existing residential use and the proposed residential use on the severed lot are permitted in this zone. The following table outlines the necessary variance required to permit the proposed development. Provision
Requirement
Retained Lot
Severed Lot
Complies?
Rural (RU) Zone – Section 7 Lot Area (min) Lot Frontage (min) Front Yard Setback (min) Rear Yar Setback (min) Interior Yard Setback (min)
Consent + Minor Variance
8,000 square meters (0.8 ha) 76 m
+/- 1.1 ha +/- 36.1 m
+/- 4.9 ha +/- 45.3 m
Yes No
20 m
20 m
To Comply
Yes
10 m
+/- 15 m
To Comply
Yes
3m
+/- 275 m (north) +/- 195 m (south) +/- 35 m (west)
To Comply
Yes
5758 Road 38
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15 Provision Gross Floor Area (min) Lot Coverage (max) Building Height (max) Accessory Building Front Yard Setback (min) Accessory Building Rear Yard Setback (min) Accessory Building Interior Yard Setback (min) Accessory Building Height (max)
Requirement
Retained Lot
Severed Lot
Complies?
59 square meters
59 m2
To Comply
Yes
20 %
< 20% To Comply (existing)
To Comply
Yes
To Comply
Yes
20 m
20 m
To Comply
Yes
3m
+/- 35 m
To Comply
Yes
3m
+/- 46 m (north) +/- 25 m (south)
To Comply
Yes
8m
To comply (existing)
To Comply
Yes
N/A
To comply (per section 5.49.4)
Yes
To Comply
To Comply
Yes
20 m (front) 3 m (rear) 3 m (interior)
N/A
Yes
<5%
N/A
Yes
< 5%
N/A
Yes
11 m
General Provisions – Section 5
Holding Overlays (5.4.1)
Setback From Private Lanes and Public Roads (5.6)
Swimming Pool Setbacks (5.23.1)
Accessory Building Lot Coverage (5.24.1)
Consent + Minor Variance
Holding Overlays are created by identifying specific lands on Schedules of this By-law and have the effect of restricting the development or use of a lot or building in accordance with the corresponding provisions until this By-law has been amended to remove the lot from the Holding Overlay in accordance with Section 36 of the Planning Act. 15.25 metres (50.0 ft.) from the centre of the right-of-way of the road allowance of former provincial highway 38 and former County of Frontenac roads; No part of such pool shall be located closer to any lot line or street line than the minimum distance required for an accessory building located on such lot. Total lot coverage of accessory buildings and structures including detached private garages shall not exceed 5% of the lot area. A swimming pool with 5% lot coverage is also permitted. A swimming pool with 5% lot coverage is also permitted
5758 Road 38
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16 Provision
Frontage on a Street (5.25)
Minimum Parking Space Requirement (5.30.1.1) Parking space dimensions (5.30.2.1)
Parking Requirements (5.30.2.2)
Parking Requirements (5.30.2.3) Location of Additional Dwelling Units (5.49.2)
Consent + Minor Variance
Requirement
Retained Lot
The lot coverage of all accessory buildings and structures on a lot (excluding pools and tennis courts) exceed the lot coverage of the existing principal building.
Accessory Buildings exceed coverage of principal dwelling – existing condition.
N/A
Yes (5.9.1)
Frontage on Road 38.
Frontage on Road 38.
Yes
No person shall erect any building or structure in any zone unless the lot upon which such building or structure is to be erected fronts upon a street. For the purposes of this By-law a street does not include an unopened road allowance, a private lane, a right-of-way or an unassumed road on a Registered Plan which has been deemed not to be a Registered Plan under the Planning Act. 2 spaces per residential dwelling a. One (1) space for each additional dwelling unit (Added by By-law 2023-74) Each parking space must have a width of not less than 2.7 metres (8.9 ft.) and a length of not less than 6 metres (19.7 ft.) Ingress and egress to and from the parking aisles prescribed by this section shall be provided by a sufficient number of adequate, unobstructed driveways having a minimum width of 6 metres (19.7 ft.), except that in the case of a single detached dwelling, the width may be reduced to 3.5 metres (11.5 ft.). All off-street parking spaces, driveways and aisles required herein shall be constructed and maintained with a stable surface. Additional dwelling units are permitted as an accessory use to the following principal buildings, if permitted in the applicable Zone: a. Single detached dwelling; or
To Comply – existing condition.
Severed Lot
4 parking spaces required.
Complies?
Yes
To Comply To comply – existing condition.
To comply
4.1 m (single detached)
4.1 m (single detached)
Yes
To Comply
To Comply
Yes
N/A
Located within a single detached dwelling.
Yes
5758 Road 38
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17 Provision
Requirement
Retained Lot
Severed Lot
Complies?
Holding Overlay (5.49.4)
In accordance with section 5.4, a Holding Overlay has been established in the area identified as “Additional Dwelling Unit Holding Overlay – Water Supply/Water Quality” on Schedule “I”. It shall be demonstrated to the satisfaction of the Municipality that the lot has an adequate supply of potable water in accordance with the Municipality’s Standard for Hydrogeological Assessment.
N/A (existing dwelling)
Hydrogeological assessment to be provided to lift the hold.
Yes
Number of Dwelling Units (max) (5.49.6.1)
3 dwelling units per lot
1 dwelling unit
3 dwelling units
Yes
N/A
Second and third dwelling unit within the principal dwelling.
Yes
N/A
To comply.
Yes
Yes
Yes
Three Dwelling Units per Lot (5.49.6.2)
Additional Dwelling Unit Servicing (5.49.6.4)
Where three dwelling units are located on one lot: a. a second dwelling unit and third dwelling unit may be attached to or located within the principal dwelling if no accessory building contains any additional dwelling units Additional dwelling units must be connected to municipal or private water and sewage services to the satisfaction of the Township.
Floor Area (max) (5.49.6.5)
The maximum gross floor area of an additional dwelling unit shall be less than or equal to the gross floor area of the principal dwelling.
N/A
Additional dwelling units to be less or equal the gross floor area of the principal dwelling.
Additional Dwelling Driveway Entrance (5.49.6.7)
The additional dwelling unit shall share the driveway entrance to the lot with the principal dwelling
N/A
To comply.
Minimum Lot Frontage Relief is required to permit a decreased lot frontage of 45 metres for the severed lot and 36 metres for the retained lot. The RU zone requires a minimum lot frontage of 76 metres. The reduced frontage for both the severed and retained lots are consistent with existing frontages along Road 38 within the Hamlet of Hartington and are not anticipated to impact the functionality of the lots which exceed the minimum lot area provision. Access to both the severed and retained lots will be from the existing driveway along Road 38, via a reciprocal access easement and no new entrances are proposed. Based on this review, it is our professional planning opinion that the proposed variance maintains the general intent of the South Frontenac Zoning By-law 2003-75.
Consent + Minor Variance
5758 Road 38
Page 213 of 355
18 Test #3: Is the variance minor? The determination of whether an application is minor is not a mathematical consideration. Rather, this test is intended to assess the degree of any impacts resulting from the minor variance application. The requested variance would be limited to the site, limiting the scope of any impacts. The site is located in an area characterized by residential uses where the frontage, area, and shape of the existing lot fabric varies. The proposed variance will allow the severance of an underutilized portion of an existing lot within the Hamlet of Hartington for the development of a single detached dwelling containing two additional dwelling units intended for seniors, which addresses a housing need within the Township. Further, as the severed and retained lots will utilize the existing driveway, no anticipated traffic hazards are anticipated. Based on this review, it is our professional planning opinion that the proposed variance is minor in nature. Test #4: Is the variance desirable for the appropriate development or use of the lands in question? The proposed development seeks to more efficiently utilize an existing oversized parcel to optimize site efficiency and create one new residential lot within the settlement area of the Hamlet of Hartington to provide housing for seniors; a form of housing currently underserved within the Township. The proposal will utilize the existing driveway on the site and will be serviced by private water and septic which is consistent with the existing development pattern in the area. Based on this review, it is our professional planning opinion that the variance is desirable for the appropriate development of the site in question.
Conclusion The applicant is seeking approval from the Township of South Frontenac to create one new lot from the site at 5758 Road 38. The proposal consists of applications for consent to sever to create a new lot and establish mutual access easements over the existing driveway, as well as a minor variance application to address minimum lot frontage for the severed lot and retained lot. These applications will allow for the development of a single detached dwelling containing two additional dwelling units intended for seniors, which addresses a housing need within the Township on a lot which is consistent with the existing lot fabric of the area. It is our opinion that the proposed applications for consent and minor variance are appropriate and represent good land use planning. Should you have any questions or comments, please do not hesitate to contact us at 613.542.5454. Respectfully submitted,
Tyler Hamilton, MCIP RPP Planner Fotenn Planning + Design
Consent + Minor Variance
Jayati Trivedi Planner Fotenn Planning + Design
5758 Road 38
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Proposed Severance
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Retained Lands
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S757 ROAD 38
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3992
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UTM Zone 18 NAD 83 Date: 2024-09-18
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To: Committee of Adjustment Prepared by: Development Services Department Meeting Date: November 14, 2024 Consent Application PL-BDJ-2024-0106 and Minor Variance Subject: Application PL-ZNA-2024-0107, Terry Grant, 5758 Road 38, Portland District
Summary The consent application is for the creation of a residential lot and for a right-of-way. The minor variance application is to allow the severed and retained parcels to have less than the required lot frontage. The Committee of Adjustment is being asked to make a decision on the consent application in conjunction with the minor variance application. This report recommends approval of the applications.
Background The purpose of the consent application is to create one new residential lot and to create a shared right-of-way (“reciprocal easement”). The severed parcel would be 1.1 hectares in area with 45 metres frontage on Road 38. The Owner intends to construct a house that contains two additional dwelling units on the new lot. The retained parcel would be 4.9 hectares in area with 36 metres frontage on Road 38. It would contain an existing house and accessory buildings. The purpose of the minor variance application is to allow the lots to have less than 76 metres road frontage that is normally required for single detached residential uses in the Rural Zone. The subject lands are mostly within the Settlement Area designation. The northern portion of the property are in the Rural designation. The severed parcel would be in the Settlement Area. The lands are zoned Rural (RU). Related Applications The lands are not subject to any additional applications under the Planning Act.
Property Description The subject property is located on Road 38 on the northern edge of Hartington. The property is L-shaped. It is developed with a house and three large accessory buildings. One of the buildings is used for a home dog grooming business.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 217 of 355
Township of South Frontenac Staff Report - Consent Application PL-BDJ-2024-0106 and Minor Variance Application PL-ZNA-20240107, Terry Grant, 5758 Road 38, Portland District
There are several neighbouring residential properties along Road 38 and Holleford Road. The properties to the north and west are used for agriculture.
Supporting Documentation A Planning Justification Letter (Fotenn Planning + Design, September 16, 2024) was submitted in support of the applications. The report explains how the proposal meets applicable planning policy.
Department and Agency Comments Public Services reported on October 16, 2024, that there are adequate entrance sight lines for both the severed parcel and the retained parcel. Road widening is to be determined by an Ontario Land Surveyor. A 30-metre right-of-way is required on Sands Road. Any shortfall of the right-of-way as measured 15 metres from the centreline of the road shall be dedicated to the Township. They also noted that there are special drainage/ditching concerns related to creation of new lot. Therefore, they recommend a lot grading and drainage plan be required for the severed parcel. Building Services reported on October 21, 2024, that there is adequate room on the proposed parcel to locate the sewage system in one of several different areas, depending on where the well and building will be located. Any future system will need to be fully raised. Building Services have no objection to the approval of the applications.
Public Comments No comments were received from the public at the time this report was written.
Planning Analysis The consent application needs to be assessed against the applicable policies of the Provincial Planning Statement 2024 (PPS), County of Frontenac Official Plan, and Township of South Frontenac Official Plan, as well as the provisions of Zoning By-law No. 2003-75. The minor variance application needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. Consent The PPS states that rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted (section 2.5.2). The PPS also states that planning authorities must consider rural characteristics, the scale of development and the provision of appropriate service levels when directing development in rural settlement areas (s. 2.5.2). It also requires planning authorities to provide for an appropriate range and mix of housing options to meet the protected needs of current and future residents (s. 2.1.4, 2.2.1, 2.5.1). www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 218 of 355
Township of South Frontenac Staff Report - Consent Application PL-BDJ-2024-0106 and Minor Variance Application PL-ZNA-20240107, Terry Grant, 5758 Road 38, Portland District
The County of Frontenac Official Plan encourages the Township to promote mixed use development including residential, commercial, institutional, parks and employment areas in settlement areas (s. 3.2). The Township of South Frontenac Official Plan also intends that a majority of new growth will be directed to existing settlement areas where it can be supported by appropriate servicing (s. 5.6). Section 5.6.6 of the Township Official Plan indicates that a maximum of three residential lots may be created by consent from a landholding provided that the new lots meet the General Consent Policies, as well as other applicable policies. The subject property is eligible for the proposed severance, as there has been only one severance from the subject property since the adoption of the Township Official Plan. Section 5.6.1 (ii)(b) of the Township Official Plan states that the minimum lot area for lots shall not be less than 0.8 hectares (2 acres) when serviced by a private well and private sanitary sewage system. The land division policies (Section 7.1) echo the requirement for minimum lot areas for lots created through consent (i.e. for the severed parcel). The RU zone also requires a minimum 0.8 hectare lot area. The severed parcel, at 1.1 hectares, would comply with this requirement. The Township Official Plan does not specify minimum lot frontages for new lots in settlement areas. However, the RU zone requires 76 metres frontage. As discussed below, the proposed reduced lot frontages of the severed parcel and retained parcel would maintain the intent of the Official Plan. The Owner demonstrated to the satisfaction of Building Services that the severed parcel would have the ability to be serviced by a private sewage disposal system. The Township typically requires the ability to be serviced by a private well to be demonstrated as a condition of consent approval. The condition will require a hydrogeological assessment due to the additional dwelling units proposed on the lot. If the report is satisfactory, it can then be used for a future application to remove the holding symbol to allow the additional dwelling units. The proposal is for both the severed parcel and retained parcel to be accessed by the existing driveway through a reciprocal easement. This means that the common lot line will follow the centreline of the driveway and there will be a right-of-way over the driveway in favour of both parcels. Per section 7.1(r) of the Township Official Plan, staff support the use of a shared entrance for this property. Shared entrances are common in this area due to the density (number) of properties along Road 38 in Hartington. Section 7.1(r) states that where a shared entrance is required, the landowners shall enter into an easement agreement which shall ensure that maintenance of the entrance will be the mutual responsibility of the affected landowners. This agreement is a recommended condition of approval.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 219 of 355
Township of South Frontenac Staff Report - Consent Application PL-BDJ-2024-0106 and Minor Variance Application PL-ZNA-20240107, Terry Grant, 5758 Road 38, Portland District
Public Services recommended a lot grading and drainage plan be required for the severed parcel as there are special drainage/ditching concerns along this section of Road 38. This recommendation would be implemented through the proposed condition of approval for a development agreement. The development agreement will notify the current or future owner of the severed parcel that a lot grading and drainage plan will be required as part of the building permit application process. The consent application meets the criteria outlined in section 51(24) of the Planning Act, does not require a plan of subdivision for the proper and orderly development of the municipality, is consistent with the PPS, and conforms to the County and Township Official Plans. The severed parcel and retained parcel will comply with the Zoning By-law subject to the requested minor variance for lot frontage. Minor Variance The Township Official Plan does not specify minimum lot frontages for new lots in settlement areas. The Official Plan policy provides flexibility to consider neighbourhood character and existing lot fabrics. The subject property has 81.4 metres frontage which would be divided between the severed and retained parcels at the existing entrance. The severed parcel would have 45.3 metres frontage and the retained parcel would have 36.1 metres frontage. These frontages would be similar to the frontages of lots of record on this section of Road 38 (they range from 25 to 60 metres). In addition, the proposed reduced frontages do not impact the development potential of the severed parcel nor the continued use of the retained parcel. The Zoning By-law requires minimum lot frontages to allow for a separation between driveways and to improve traffic safety. Minimum lot frontages are also required in order to ensure a development pattern that is reasonably consistent in nature, to avoid an overdeveloped appearance and to help ensure a reasonable separation between uses. In this situation, reduced lot frontages would complement the existing development pattern. The severed parcel would be L-shaped. The reduced frontage would not impact the ability to construct a house in line with neighbouring houses, and compliant with all yard requirements. The proposed house will contain a total of three units. The entrance of one unit will face the road, and the entrances of the other two units will face the driveway. There will be sufficient area for amenity space, and for privacy landscaping should that be desired or necessary. The shape of the lot would also result in a large area at the rear of the lot for a sewage system that provides flexibility to meet or exceed the minimum separation requirements between wells and sewage systems. The variance is desirable for the proposed use of the land. The reduced lot frontages will support the settlement area feel of the neighbourhood. It will facilitate lot creation for a different form of housing (e.g. small rental units) that is needed by the community.
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 220 of 355
Township of South Frontenac Staff Report - Consent Application PL-BDJ-2024-0106 and Minor Variance Application PL-ZNA-20240107, Terry Grant, 5758 Road 38, Portland District
It is the opinion of Planning staff that the proposal maintains the general intent and purpose of the Official Plan and of the Zoning By-law, is desirable for the appropriate development and use of the land, and is minor.
Notice/Consultation Notice of the Statutory Public Hearings was given pursuant to the requirements of the Planning Act, at least 14 days in advance of the Public Hearing. This included notice given: • • •
by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies
Recommendations Consent It is recommended that application PL-BDJ-2024-0106 be approved for consent to sever one new residential lot and for the creation of a right-of-way from 5758 Road 38, Part of Lot 6, Concession 8, District of Portland, Township of South Frontenac subject to the following conditions. Expiry Period
- Conditions imposed must be met within two years of the date of Notice of Decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within two years, the application shall be deemed to be refused. Provided the conditions are fulfilled within two years, the application is valid for two years from the date of Certificate of Official issuance. Severed Lands
- The land to be severed by Consent Application PL-BDJ-2024-0106 shall be for the creation of one new residential lot approximately 1.1 hectares in area and with 45 metres frontage on Road 38 consistent with the Severance Sketch (Hopkins Chitty Land Surveyors Inc., 2024). Survey/Reference Plan or Registerable Description
- An acceptable reference plan or legal description of the severed lands, in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the Certificate of Official shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of two years [Planning Act, s. 53(41)] after the date that “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 221 of 355
Township of South Frontenac Staff Report - Consent Application PL-BDJ-2024-0106 and Minor Variance Application PL-ZNA-20240107, Terry Grant, 5758 Road 38, Portland District
- The surveyor or applicant shall submit the draft Reference Plan including an area calculation noting frontage along the road electronically or in paper form for review and approval by planning staff prior to depositing the Reference Plan with the Land Registry Office.
- The surveyor who prepares the reference plan referred to in Conditions #3 and #4 shall survey a 4.5 metre wide right-of-way on the centreline of the existing driveway from Road 38 to the rear lot line of the severed parcel.
- Shared legal deeded access over the right-of-way shall be provided to both the severed parcel and the retained parcel beginning at Road 38 to the rear lot line of the severed parcel (i.e. reciprocal access easement). The lawyer for the Owner shall submit the pertinent documentation in draft form for review prior to registration noting all servient and dominant lands. All reference plans noted in the documentation shall be provided electronically, if they are different from the reference plan in Condition #3. Road Widening
- The surveyor who prepares the reference plan referred to in Conditions #3 and #4 shall also determine by survey the width of Road 38 to be 30 metres. If such width is less than 30 metres, the owner shall dedicate to the Township land along the frontage of the severed lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 15 metres from the centre of the existing travelled road for Road 38; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the issuance of the Certificate of Official; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense;
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Page 222 of 355
Township of South Frontenac Staff Report - Consent Application PL-BDJ-2024-0106 and Minor Variance Application PL-ZNA-20240107, Terry Grant, 5758 Road 38, Portland District
e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to the issuance of the Certificate of Official. Municipal Requirements 8. Payment of the balance of any outstanding invoices related to the consent application as well as taxes and local improvement charges levied as of the date of the issuance of the Certificate of Official shall be made to the Township Treasurer. 9. The Township of South Frontenac shall receive 5% of the value of the severed parcel, in lieu of parkland [Planning Act, s. 51(1)]. 10. The Owner shall submit a Hydrogeological Assessment that demonstrates an adequate supply of potable water is available for the intended use of the severed parcel and no unacceptable impacts to adjacent water well users and properties, to the satisfaction of the Township. The Hydrogeological Assessment shall be prepared in accordance with the Township’s Standards for Hydrogeological Assessment. In determining whether the assessment is satisfactory, the Township may require the submitted Hydrogeological Assessment to be peer reviewed. The peer review process shall be initiated by the Township but will be at the expense of the Owner. 11. In the event that there are abandoned wells located on the severed parcel or the retained property, they shall be sealed in accordance with the requirements of the Ministry of the Environment, Conservation and Parks and that this work shall be accomplished prior to the issuance of the Certificate of Official. 12. The applicant shall enter into a Development Agreement with the Township to be registered on title to the severed parcel to address the following matters and environmental standards of the Township: a. Requirement for an entrance permit for any new or relocated entrances; b. A lot grading and drainage plan to be submitted at the building permit stage; c. Notice regarding compliance with the Endangered Species Act; d. Notice regarding archeological resources and human remains. 13. The lawyer for the Owner shall prepare an easement agreement regarding the responsibility for maintenance of the shared driveway and right-of-way. The agreement shall be registered on title of the severed parcel and retained parcel, and documentation of same provided to the Township. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.
Page 223 of 355
Township of South Frontenac Staff Report - Consent Application PL-BDJ-2024-0106 and Minor Variance Application PL-ZNA-20240107, Terry Grant, 5758 Road 38, Portland District
Zoning 14. The applicant is required to apply for a minor variance to permit the severed parcel to have a minimum 45 metres of lot frontage and the retained parcel to have a minimum 36 metres lot frontage. 15. Where a violation of Zoning By-law No. 2003-75 is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Township. Minor Variance It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2024-0107 for 5758 Road 38, subject to the following conditions.
- The minor variance is for the minimum lot frontage requirements of section 7.3.2 of Zoning By-law No. 2003-75, as amended. The severed parcel from consent application PL-BDJ-2024-0106 is permitted to have a minimum 45 metres of lot frontage and the retained parcel is permitted to have a minimum 36 metres of lot frontage.
- Minor variance PL-ZNA-2024-0107 is applicable only to Zoning By-law No. 2003-75, as amended, and not to any subsequent zoning by-laws.
Submitted By: Christine Woods, RPP, MCIP, Manager of Planning
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26-Sep-2024
PL-ZNA-2024-0110
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6420
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.
BEDFORD RD
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Q7
64 ll BEDFORD RD
Date: 2024—09-26
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Page 235 of 355
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6438 BEDFORD RD SYDENHAM, ON ZONING & CONSERVATION REVIEW AUGUST 28, 2024 REV.1 SHEET LIST A000 A003 A004 A010 A100 A101 A102 A103 A200 A201 A202 A203 A300 A901 A902
Page 236 of 355
ZONING & CONSERVATION REVIEW
COVER
6438 BEDFORD RD
COVER SITE PLAN SITE SECTION AREAS LEVEL 1 - PLAN LEVEL 2 - PLAN LEVEL 0 - PLAN ROOF SOUTH ELEVATION EAST ELEVATION NORTH ELEVATION WEST ELEVATION EW SECTIONS 3D VIEW FROM DRIVEWAY 3D VIEW FROM TOP OF HILL
2024-10-21
SITE STATISTICS
6438 BEDFORD RD, SYDENHAM, ON
LEGAL DESCRIPTION
PART OF LOT 10, CONCESSION 10
CATEGORY CLASS OF USE LOT AREA BUILDING AREA LOT COVERAGE STOREYS
PROPOSED
ROAD ALLOWANCE
RW 8,233.3 m² 151.3 m² bdg footprint including decks, porch and overhangs 1.8% 2
EX DRIVEWAY
FUTURE GARAGE
EX FRAME CABIN
EX
SH AR ED
25’ - 0”
D R IV EW
AY
25’ - 0”
EX PATH
RELOCATED CABIN
EX PRIVY TO BE DEMOLISHED
LINE OF EXTENDED PATH
APPROX GRADING AREA 2.90 m
6’ - 0”
1.83 m
SILT FENCE
9’ - 6” PORCH
-8’-6"
PROPOSED COTTAGE EX COTTAGE TO BE DEMOLISHED
13.87 m
45’ - 6" 10’ - 0"
64’ - 9"
2-STOREY
3.05 m
82’ - 0"
25.00 m
SEPTIC LOADING AREA
19.74 m
A004
EX SH AR ED
1
DR IVE WA Y
PROPOSED DRAINAGE SWALE
EX STEPS, DECK AND DOCK
26.21 m 86’ - 0"
NEW SEPTIC
DELINE LAKE
-7’-10"
DECK
NEW WATERLINE FROM LAKE 5.49 m 18’ - 0"
10.00 m
22.00 m
6.71 m
32’ - 10"
72’ - 2"
22’ - 0"
SETBACK ALIGNED W/ EX COTTAGE
26.02 m 85’ - 4"
30m HIGH WATER MARK SETBACK
Page 237 of 355
ZONING & CONSERVATION REVIEW
SITE PLAN
6438 BEDFORD RD
2024-10-21 1 : 500
EDGE OF HIGH WATER MARK
30m REQUIRED SETBACK
EX DRIVEWAY
PROPERTY LINE
PROPOSED DRAINAGE SWALE
FACE OF EX COTTAGE
30.00 m
PROPOSED SEPTIC. TBD
98’ - 5"
26.38 m 86’ - 7"
AFF EX. COTTAGE
SILT FENCE
-4’ - 0"
DISTANCE AT GRADE FROM EDGE OF WATER TO FACE OF EX COTTAGE 95’ - 8 1/2" - 29.17m
EX COTTAGE
DISTANCE AS STRAIGHT LINE FROM COTTAGE FACE TO WATER 28. 45 m
93’
Page 238 of 355
ZONING & CONSERVATION REVIEW
SITE SECTION
6438 BEDFORD RD
- 4"
2024-10-21 1 : 300
LEVEL 2 1001 SF
2 3 LEVEL 1/16" = 1’-0"
LEVEL 1 1001 SF
1 2 LEVEL 1/16" = 1’-0"
LEVEL 0 1001 SF
0 1 LEVEL 1/16" = 1’-0"
LIVEABLE AREAS LEVEL
Page 239 of 355
LEVEL 0 LEVEL 1 LEVEL 2 TOTAL
AREA ft² 720 ft² 749 ft² 734 ft² 2,203 ft²
GROSS FLOOR AREA LEVEL
AREA ft²
AREA m²
LEVEL 1 LEVEL 2
1,001 ft² 1,001 ft² 2,002 ft² 1,001 ft² 1,001 ft² 3,003 ft²
93 m² 93 m² 186 m² 93 m² 93 m² 279 m²
LEVEL 0 TOTAL
ZONING & CONSERVATION REVIEW
AREAS
2024-10-21
6438 BEDFORD RD
1/16" = 1’-0"
1
2
A300
A300
45’ - 6"
6’ - 0"
12’ - 4"
2’ - 11"
7’ - 0"
5’-8"
20’ - 6"
MUSIC NOOK ENTRY
9’-6"
CLOSET INDOOR TREE
LIVING
UP
DN
1
DN
4’-0" 42"
48"
138 1/2"
WALK-IN CLOSET
6’-8"
KITCHEN
BENCH / CUBBIES
WD FP
42"
20’-0"
22’ - 0"
60 1/2"
A301 HALLWAY LEVEL 1
PWD
3’ - 0"
DINING
SETBACK ALIGNED W EX COTTAGE
18’-6"
15’-1"
2’-1"
7’ - 6"
LIVEABLE AREAS LEVEL
Page 240 of 355
LEVEL 0 LEVEL 1 LEVEL 2 TOTAL
AREA ft² 720 ft² 749 ft² 734 ft² 2,203 ft²
GROSS FLOOR AREA LEVEL
AREA ft²
AREA m²
LEVEL 1 LEVEL 2
1,001 ft² 1,001 ft² 2,002 ft² 1,001 ft² 1,001 ft² 3,003 ft²
93 m² 93 m² 186 m² 93 m² 93 m² 279 m²
LEVEL 0 TOTAL
ZONING & CONSERVATION REVIEW
LEVEL 1 - PLAN
2024-10-21
6438 BEDFORD RD
1/4" = 1’-0"
1
2
A300
A300
45’ - 6"
ROUGH IN ONLY
12’ - 4"
4’ - 7"
5’ - 6"
BATH 1
9’-3"
9’-3"
BATH 2
3’ - 6"
5’-8"
8’ - 0"
5’ - 8"
8’ - 5"
OFFICE DN
1 A301
22’ - 0"
3’-3"
3’ - 3"
HALLWAY LEVEL2
LINEN
Q
Q
PRIMARY
BEDROOM 2
10’-6"
10’ - 6"
8’-6"
Q
BEDROOM 1
SETBACK ALIGNED W EX COTTAGE
11’ - 11"
2’ - 0"
14’ - 6"
2’ - 0"
12’ - 6"
43’ - 6"
LIVEABLE AREAS LEVEL
Page 241 of 355
LEVEL 0 LEVEL 1 LEVEL 2 TOTAL
AREA ft² 720 ft² 749 ft² 734 ft² 2,203 ft²
GROSS FLOOR AREA LEVEL
AREA ft²
AREA m²
LEVEL 1 LEVEL 2
1,001 ft² 1,001 ft² 2,002 ft² 1,001 ft² 1,001 ft² 3,003 ft²
93 m² 93 m² 186 m² 93 m² 93 m² 279 m²
LEVEL 0 TOTAL
ZONING & CONSERVATION REVIEW
LEVEL 2 - PLAN
2024-10-21
6438 BEDFORD RD
1/4" = 1’-0"
1
2
A300
A300
45’-6" 12’-4"
7’-0"
12’-0"
10’-3"
MECH UTILITY
7’-0"
7’-0"
STORAGE
4’-0"
HALLWAY LEVEL 0
1
19’-2"
3’-5"
A301
11’-10"
2’-0"
3’-5"
Q RENEE’S STUDIO
MUD RM / LAUNDRY
GUEST BED 8’-0"
BATH 3
SETBACK ALIGNED W EX COTTAGE
EQ 16’-0"
EQ 9’-6"
5’-5"
10’-3"
LIVEABLE AREAS LEVEL
Page 242 of 355
LEVEL 0 LEVEL 1 LEVEL 2 TOTAL
AREA ft² 720 ft² 749 ft² 734 ft² 2,203 ft²
GROSS FLOOR AREA LEVEL
AREA ft²
AREA m²
LEVEL 1 LEVEL 2
1,001 ft² 1,001 ft² 2,002 ft² 1,001 ft² 1,001 ft² 3,003 ft²
93 m² 93 m² 186 m² 93 m² 93 m² 279 m²
LEVEL 0 TOTAL
ZONING & CONSERVATION REVIEW
LEVEL 0 - PLAN
2024-10-21
6438 BEDFORD RD
1/4" = 1’-0"
2
A300
A300
12" / 12"
12" / 12" 12" / 12"
3" / 12"
3" / 12"
12" / 12"
1
12" / 12" 12" / 12"
Page 243 of 355
ZONING & CONSERVATION REVIEW
ROOF
2024-10-21
6438 BEDFORD RD
1/4" = 1’-0"
1 A301
T/O ROOF 23.5 ft
5’-0"
7.16 m
LEVEL 2 CLG 18.5 ft
8.06 m
26’ - 6"
1’-6"
8’-0"
5.64 m
LEVEL 2 3.20 m
10.5 ft
U/S LEVEL 2 9 ft
9’-0"
2.74 m
LEVEL 1 1’-6"
0.00 m
0 ft
U/S LEVEL 1 -0.46 m
-1.5 ft
AVG GRADE 496.97 ft
9’-0"
151.48 m
LEVEL 0 -3.20 m
-10.5 ft
T/O FOOTING -3.59 m
Page 244 of 355
ZONING & CONSERVATION REVIEW
-11.79 ft
SOUTH ELEVATION
2024-10-21
6438 BEDFORD RD
1/8" = 1’-0"
T/O ROOF 7.16 m
23.5 ft
LEVEL 2 CLG 18.5 ft
8.06 m
26’ - 6"
1’-6"
8’-0"
5.64 m
LEVEL 2 3.20 m
10.5 ft
U/S LEVEL 2 9 ft
9’-0"
2.74 m
LEVEL 1 1’-6"
0.00 m
0 ft
U/S LEVEL 1 -0.46 m
-1.5 ft
9’-0"
AVG GRADE 151.48 m
496.97 ft
LEVEL 0 -3.20 m
-10.5 ft
T/O FOOTING -3.59 m
Page 245 of 355
ZONING & CONSERVATION REVIEW
EAST ELEVATION
2024-10-21
6438 BEDFORD RD
1/8" = 1’-0"
-11.79 ft
T/O ROOF 7.16 m
23.5 ft
LEVEL 2 CLG 18.5 ft
8.06 m
26’ - 6"
1’-6"
8’-0"
5.64 m
LEVEL 2 3.20 m
10.5 ft
U/S LEVEL 2 9 ft
9’-0"
2.74 m
LEVEL 1 1’-6"
0.00 m
0 ft
U/S LEVEL 1 -0.46 m
-1.5 ft
9’-0"
AVG GRADE 151.48 m
496.97 ft
LEVEL 0 -3.20 m
-10.5 ft
T/O FOOTING -3.59 m
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ZONING & CONSERVATION REVIEW
-11.79 ft
NORTH ELEVATION
2024-10-21
6438 BEDFORD RD
1/8" = 1’-0"
T/O ROOF 7.16 m
23.5 ft
LEVEL 2 CLG 18.5 ft
8.06 m
26’ - 6"
1’-6"
8’-0"
5.64 m
LEVEL 2 3.20 m
10.5 ft
9’-0"
U/S LEVEL 2 2.74 m
9 ft
LEVEL 1 1’-6"
0.00 m
0 ft
U/S LEVEL 1 -0.46 m
-1.5 ft
9’-0"
AVG GRADE 151.48 m
496.97 ft
LEVEL 0 -3.20 m
-10.5 ft
T/O FOOTING -3.59 m
Page 247 of 355
ZONING & CONSERVATION REVIEW
WEST ELEVATION
2024-10-21
6438 BEDFORD RD
1/8" = 1’-0"
-11.79 ft
T/O ROOF
12" 12"
7.16 m
12"
T/O ROOF
23.5 ft
7.16 m
23.5 ft
3"
LEVEL 2 CLG 5.64 m
LEVEL 2 CLG
18.5 ft
5.64 m
18.5 ft
BEDROOM 1
8’ - 0"
8’-0"
BATH 1
U/S LEVEL 2 2.74 m
8.06 m
10.5 ft
26’ - 6"
3.20 m
1’ - 6"
8.06 m
1’-6"
26’ - 6"
LEVEL 2
3’-0"
3’-0"
BEDROOM 2
LEVEL 2 3.20 m
10.5 ft
9 ft
U/S LEVEL 2 ENTRY
WALK-IN CLOSET
LEVEL 1
LEVEL 1 0.00 m
0 ft 1’ - 6"
1’-6"
0.00 m
U/S LEVEL 1 -0.46 m
-1.5 ft
496.97 ft
GUEST BED
151.48 m
LEVEL 0 -3.20 m
EW SECT - MIDDLE DORMER 1 BDG 1/8" = 1’-0"
Page 248 of 355
ZONING & CONSERVATION REVIEW
496.97 ft
LEVEL 0
-10.5 ft
-3.20 m
T/O FOOTING -3.59 m
-1.5 ft
AVG GRADE MECH
9’ - 0"
9’-0"
151.48 m
0 ft
U/S LEVEL 1 -0.46 m
AVG GRADE MUD RM / LAUNDRY
9 ft
9’ - 0"
KITCHEN
9’-0"
2.74 m
-10.5 ft
T/O FOOTING
-11.79 ft
-3.59 m
EW SECT - ENTRY 2 BDG 1/8" = 1’-0"
EW SECTIONS
2024-10-21
6438 BEDFORD RD
1/8" = 1’-0"
-11.79 ft
Page 249 of 355
ZONING & CONSERVATION REVIEW
3D VIEW FROM DRIVEWAY
6438 BEDFORD RD
2024-10-21
Page 250 of 355
ZONING & CONSERVATION REVIEW
3D VIEW FROM TOP OF HILL
6438 BEDFORD RD
2024-10-21
November 4, 2024
File: MV/FRS/257/2024
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 Section 45(2) PL-ZNA-2024-0110 (Deaves) Lot 10, Concession 10; 6438 Bedford Road Lougborough District, Township of South Frontenac Waterbody: Deline Lake
Cataraqui Conservation staff have reviewed the above-noted application and offer the following comments for the Committee of Adjustment’s consideration. These comments are provided based on Cataraqui Conservation’s roles as technical advisor to the Township on Planning Act applications, and as administrator of Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits. Summary of Proposal Under Section 45(2) of the Planning Act the applicant is requesting permission to enlarge a legal non-conforming dwelling and attached deck located within 30 metres of the highwater mark of Deline Lake. The existing single storey dwelling has a ground floor area of 25 sq metres. The ground floor area of the proposed two storey dwelling is 94 sq metres plus a 16.8 sq metre covered deck and a 5.3 sq metre covered porch. The gross floor area of the proposed dwelling is 188 sq metres plus a walkout basement which is not included in the gross floor area. The overall footprint of the dwelling is increasing from 25 sq metres to 116.1 sq metres. The height of the dwelling is increasing from 4 metres to 8.1 metres. The proposed dwelling will maintain the existing 26.2 metre setback from the highwater mark of Deline Lake. Site Description The subject property is an irregular shaped lot located on the west shoreline of Deline Lake. The property has a relatively steady incline up from the water with a break that establishes an area of flat terrain before the slope continues to rise. The maximum point of elevation is 164.5 m GSC which is found approximately 30 metres into the property from Bedford Road. The slope then declines rapidly towards the road from the highest point. The property is occupied by several mature deciduous and coniferous trees with most of the coniferous trees found bordering the shoreline. The property has existing development which includes a single storey dwelling, a cabin, a shore deck and dock. The property is designated as ‘Rural’ in the Township’s Official Plan and zoned ‘Residential’ in the implementing Zoning By-law. Page 251 of 355
Discussion The main interest of Cataraqui Conservation with respect to this application is the avoidance of natural hazards (i.e. flooding and erosion) associated with Deline Lake. Natural Hazards Cataraqui Conservation, through our implementation of Ontario Regulation 41/24 and, in accordance with the natural hazards policies of the 2020 Provincial Policy Statement (PPS), directs development away from lands subject to natural hazards, such as flooding and erosion to protect people and property. Flooding Cataraqui Conservation does not have engineered flood plain mapping for Deline Lake, and so, the exact 1:100 year flood elevation for this lake is not known. The lake is limited in scale with a significantly steep embankment. The subject property is not expected to experience substantial flooding under 1:100 year conditions given the existing shoreline topography. The existing dwelling is situated away from the shoreline in a location that is relatively higher in elevation than the immediate shoreline of the Lake and the new dwelling and attached deck will maintain the same setback from Deline Lake. Under these circumstances, the proposed redevelopment is satisfactory from a flood hazard avoidance perspective. Erosion Development and site alteration within and adjacent to the erosion hazard is also regulated by Cataraqui Conservation through our implementation of Ontario Regulation 41/24, consistent with Section 3.1 of the 2020 Provincial Policy Statement. This is typically addressed through the imposition of appropriate setbacks from the hazard or through mitigation where warranted by site-specific conditions and the nature of a proposal. Cataraqui Conservation defines the extent of potential erosion hazards for inland lakes, as the sum of a 1(h):1(v) or 3(h):1(v) slope stability allowance (depending on slope material) plus an erosion access allowance of 6 metres. Together, these make up what is known as the ‘Erosion Hazard Limit’. Based on a slope height of approximately 7 metres composed of shallow till over bedrock, the erosion hazard extends a horizontal distance of 8 metres from the toe of slope. As proposed, the dwelling with attached deck is outside the minimum 6 metre setback from the erosion hazard. Recommendation Staff have no objection to the approval of application PL-ZNA-2024-0110 based on our review of natural hazard and regulatory policies.
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Ontario Regulation 41/24 Portions of the subject property are located within a regulated area under Ontario Regulation 41/24: Prohibited Activities, Exemptions, and Permits which regulates development and interference with wetlands, and alterations to shorelines and watercourses. A permit is required from CRCA for the dwelling and attached deck. If you have any questions, please contact the undersigned. Please inform this office of any decision made by the Committee of Adjustment regarding this application. Yours truly,
Emily Su Resource Planner 613-546-4228 ex.258 cc:
applicant, via e-mail
Page 3 of 3
Page 253 of 355
To:
Committee of Adjustment
From:
Development Services Department
Report Date:
November 14, 2024
Subject:
Permission Application (S. 45(2) of Planning Act) PL-ZNA-2024-0110, Deaves (Solares Architecture Inc.), 6438 Bedford Road, Loughborough District
Summary This report recommends that the Committee of Adjustment grant approval of this application for permission to enlarge a legal non-conforming dwelling under section 45(2) of the Planning Act, subject to conditions. Background Official Plan Designation: Rural Zoning: RW Proposal The applicant seeks to request permission under Section 45(2) of the Planning Act to enlarge a legal non-conforming dwelling and attached deck located within 30m of the highwater mark of Deline Lake. The existing single storey dwelling has a ground floor area of 25sqm. The ground floor area of the proposed two storey dwelling will be 94sqm plus a 16.8sqm covered deck and 5.3sqm covered porch. The gross floor area of the proposed dwelling will be 188sqm plus a walkout basement which is not included in the gross floor area. The overall footprint of dwelling will be increasing from 25sqm to 116.1sqm. The height of the dwelling will be increasing from 4m to 8.1m. The proposed dwelling will maintain the existing 26.2m setback from the highwater mark of Deline Lake. A new septic system will be constructed to service the new dwelling. Related Applications The lands are not subject to any additional applications under the Planning Act. Property Description The subject property is approximately 0.83ha in area with approximately 76m of frontage on Deline Lake and 63m of frontage on Bedford Road. The property is accessed from an entrance off of Bedford Road that is shared with several other properties to the north. The property contains an existing dwelling and a sleeping cabin. A large ridge separates the existing dwelling from Bedford Road. The ridge rises 16m up from Bedford Road before www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 254 of 355
Township of South Frontenac Staff Report PL-ZNA-2024-0110, Deaves (Solares Architecture Inc.), 6438 Bedford Road, Loughborough District
sloping steadily downward to the shoreline. The elevation difference from the top of the ridge to the shoreline is approximately 27m. The existing dwelling is located in a more level area of the property on the slope. The property slopes up steeply behind the dwelling and has a more gradual slope from the dwelling to the shoreline. The property is primarily treed and is located in an area of similar waterfront residential development. Department and Agency Comments Cataraqui Conservation provided comments stating they have no objection to approval of the application based on their review of natural hazard and regulatory policies. Public Services had no comments on the application. Building Services did not identify any concerns and will review the proposed septic system location in further detail at the building permit stage. Public Comments No comments were received from the public at the time this report was written. Planning Analysis The Township Official Plan Schedule designates the subject property as Rural and the property is zoned RW in Zoning By-law No. 2003-75. The dwelling is a permitted use. Section 5.10.2 of the Zoning By-law states that existing buildings with less than the minimum 30 metre setback from the highwater mark of a waterbody may be repaired, renovated or strengthened to a safe condition provided there is no enlargement of the gross floor area or increase in height. This provision prohibits the enlargement of these existing buildings, without seeking permission from the Committee of Adjustment. The existing dwelling is a legal non-conforming building because it was constructed prior to the current Zoning By-law and is setback 26.2 metres from the highwater mark. The 30m setback from the highwater mark runs through the existing and proposed dwellings. Through its powers under section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the dwelling. The criteria for considering an application under Section 45(2) are:
Whether the application is desirable for appropriate development of the subject property; and
Whether the application will result in undue adverse impacts on the surrounding properties and neighbourhood.
The proposed dwelling will maintain the same setback from the water as the existing dwelling. Due to the topography of the property the building location minimizes the amount www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 255 of 355
Township of South Frontenac Staff Report PL-ZNA-2024-0110, Deaves (Solares Architecture Inc.), 6438 Bedford Road, Loughborough District
of site disturbance and the amount of vegetation removal that would be required. The proposed dwelling will increase the footprint of the development from 25sqm to 116.1sqm. This results in lot coverage being slightly increased from 0.3% to 1.4% for the primary dwelling. The existing dwelling is a one storey structure set on a post/pier foundation. The expanded dwelling will include a walkout basement and a second storey. The building height will slightly increase from 4 metres to 8.1 metres as a result of the full basement and the second storey. This is within the maximum permitted height of the RW zone. The increase in height should not result in any negative visual impacts as the height and massing of the proposed dwelling is typical for waterfront development in the area. Additionally, the design of the second storey that incorporates the use of large dormers within the roof structure will assist in minimizing the visual impact of the structure. The treed slope behind the dwelling and maintaining existing vegetation along the shoreline will assist in screening the development from the water and adjacent properties. Conclusion It is the opinion of staff that it is appropriate for the Committee of Adjustment to grant permission to expand the legal non-conforming dwelling on the property, as described in this report. Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing. This included notice given: • • •
by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies
Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve application PL-ZNA-2024-0110 for 6438 Bedford Road, subject to the following conditions.
- Permission is granted to enlarge the legal non-conforming dwelling on the subject property. The replacement dwelling is permitted to have a 94 square metre ground floor area plus a 16.8 square metre covered deck and a 5.3 square metre covered porch. The gross floor area is permitted to be 188 square metres plus a walkout basement. The replacement dwelling is permitted to have a maximum building height of 9 metres. It must maintain the highwater mark setback of the existing dwelling. The location and design of the replacement dwelling and attached deck are to be www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 256 of 355
Township of South Frontenac Staff Report PL-ZNA-2024-0110, Deaves (Solares Architecture Inc.), 6438 Bedford Road, Loughborough District
consistent with the submitted plans that will be attached to the Decision as Schedule “A”. 2. The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated. b. Roof runoff will be directed away from the lake and discharged to natural or constructed leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads to reduce the velocity of runoff. c. That existing natural vegetation within 30 metres of the shoreline must be maintained except in the immediate area of the building. 3. The owner is required to have the location of the replacement dwelling pinned and its setback from the highwater mark of Deline Lake verified by an Ontario Land Surveyor to be compliant with the Committee’s decision, prior to construction occurring and to the satisfaction of the Township Chief Building Official or their designate. 4. A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac. Report Prepared By: Tom Fehr, RPP MCIP, Planner Report Reviewed By: Christine Woods, RPP MCIP, Manger of Planning
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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09-Oct-2024
PL-ZNA-2024-0117
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Cedar Lake
PL-ZNA-2024-0117 (FEATHERSTON) 2498 SANDS ROAD Legend Subject Property Wetland Wooded Area Lake Trout Lake - At Capacity Lake Trout Lake - Not at Capacity 2498 SANDS RD 2490 SANDS RD
Non-Lake Trout Lake - At Capacity Waterbody Road Township Boundary
2502 SANDS RD
BA TT E
Inset Map Inset Map
EA RS
AD RO
Produced by the County of Frontenac under license with the Ontario Ministry of Natural Resources © King’s Printer for Ontario, 2024.
Page 270 of 355
ROUND LAK
E R
D OA
SANDS ROAD
While the County makes every effort to insure that the information presented is accurate for the intended uses of this map, there is an inherent error in all mapping products, and accuracy of the mapping cannot be guaranteed for all possible uses. This map displays basic topographic features only.
Scale: 1:300 0
2504 SANDS RD
2.5
5
10 m
UTM Zone 18 NAD 83 Date: 2024-10-11
PROJECT LOCATION 2498 SANDS RD, BATTERSEA, ON
KEY PLAN IN
YL RT E OP
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LEGEND
PR
TB
TB
TB
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EX. GRANULAR PARKING
TB
4 .5 11 9 .0 18
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DEC ISED 2 A R .0m EX. ~49
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A ARE No.
ISSUE / REVISION
2 .5 11
REY STO AIN O W T EM EX. E TO R S HOU
8.02
9.65
VERIFY SHEET SIZE AND SCALES. BAR TO THE RIGHT IS 25mm IF THIS IS A FULL SIZE DRAWING.
25mm
CLIENT:
D’AMOUR / FEATHERSTON
Y ORE
2498 SANDS ROAD, BATTERSEA, ON
ST ONE ION W E T I N ADD m2 58.7
1
0
SCALE: AS NOTED
EX. GRANULAR DRIVEWAY
8.5
DATE
This drawing is copyright protected and may not be reproduced or used for purposes other than execution of the described work without the express written consent of Austin Engineering.
PROPERTY LINE
4 .1 23
TB
CONSULTANT:
6.21
6.10
RAISED ENTRANCE DECK.
PER
2 1.5
PRO
NEW GRANULAR DRIVEWAY
L TY
CONSULTANT:
INE
94
613-561-5634 - Info@AustinEng.ca
9.10
7 8.0
0
2.6
74
6.8m
PROFESSIONAL STAMP
NEW GRANULAR DRIVEWAY
±
20.36
12.07
14.30
PROJECT:
NEW ADDITION
0 1.20
1.20
1.2
EX. SHED
m 3.106 W EX. RO
DRAWING:
BUILDING SETBACKS INE DESIGN: DRAWN:
SETBACK DISTANCE PLAN
CHECKED:
1:100
AE #:
JKA MS
24023
DRAWING #:
SP1.2
PLOT DATE:
File Location:
Page 271 of 355
RTY L
PROPE
PROJECT LOCATION 2498 SANDS RD, BATTERSEA, ON
.1
23
144.643
4
CEDAR LAKE
E
AIS X. R
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145.226
145.589 A ARE PTIC
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145.309
KEY PLAN
145.589 REY STO AIN O TW EM EX. E TO R S HOU MATCH EX. MAIN FLOOR ELEVATION.
MATCH GRADING AROUND EX. HOUSE. TYP.
9.65
EX. GRANULAR DRIVEWAY
E
148.082
8 6.4 5 14
9
145.735
7 14
147.912
147
148.527
.72
7 8.0
6.46
3
42" HIGH GUARD OR FENCE AROUND TOP OF RETAINING WALL.
148.441
TB
NEW GRANULAR DRIVEWAY
01
±
14 9.8
PE
149.826
148.410
NEW ARMOUR STONE RETAINING WALL
14 9.4 2
0 14 9.5 72
148.263 149.348
SLO
EX. TREED AREA
6.8m
:1 .3
X MA
149.082
148.510
NEW ENGINEERED BLOCK RETAINING WALL. REFER TO SECTION.
0 1.2
0
1.20
3.106
15
21
150.521
150.297 MATCH EX. GRADES AT ROW
15 15
E TY LIN ROPER
P
0.7
15
0.8
67
56
DATE
VERIFY SHEET SIZE AND SCALES. BAR TO THE RIGHT IS 25mm IF THIS IS A FULL SIZE DRAWING.
15
0.6
ISSUE / REVISION
This drawing is copyright protected and may not be reproduced or used for purposes other than execution of the described work without the express written consent of Austin Engineering.
149.475
.94 8
m 3.106 W EX. RO
150.151
14 9
JULY 29, 2024
ISSUED FOR PERMIT
No.
0.4
W
EX. RO
EX. SHED
MAX.
OPE 3:1 SL
1.20
5.36
147.214 148.188
BB
EX. SHED
B.M. 147.500
.88
65 7
LIN
146.201
EX. GRANULAR DRIVEWAY
NEW GRANULAR DRIVEWAY
1.52
6.10
A1.0
RAISED ENTRANCE DECK.
TY
REY STO AIN O W T EM EX. E TO R S U HO 9.65
REFER TO PROPOSED SITE PLAN
14
35 14 5.7
1
PER
PRO
EX. STAIRS TO REMAIN
4
.1
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TIC SEP EX. EMAIN TO R
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Y ORE E ST TION L G SIN DDI EX. TOO A ISHED N OL LEA E DEM B TO
LEGEND
EX. GRANULAR DRIVEWAY
8.5
T ECK D D SE RAI MAIN EX. RE
145.843
PROPERTY LINE
EX. SHED
145.695
25mm
SCALE: AS NOTED
149.937
0.8
0
18
150.082
1
CLIENT:
A1.0
78
D’AMOUR / FEATHERSTON 2498 SANDS ROAD, BATTERSEA, ON
NEW OVERHEAD HYDRO SERVICE
150.632 CONSULTANT:
EXISTING SITE PLAN 1:200
150.827
151.421
CONSULTANT:
151.287
151.799
613-561-5634 - Info@AustinEng.ca
152.226
PROFESSIONAL STAMP
⅊ EX. ROW 3.106m
PROPOSED SITE PLAN
PROPOSED ADDITION. REFER TO ARCHITECTURAL DRAWINGS FOR DETAILS.
1.20m MIN.
1:100
MAX. SLOPE 3H:1V MATCH EX. GRADES AT EDGE OF ROW.
EX. GRADE PROJECT:
PROPOSED
DE
GRADE
NEW 2300kg ANCHOR BLOCK OR SIM INTERLOCKING PRECAST RETAINING WALL BLOCK. MAX HEIGHT 2.60m. REFER TO TYP. WALL DETAIL.
File Location:
Page 272 of 355
SECTION VIEW 1:50
FILTER CLOTH.
REMOVE EX. BEDROCK TO SUIT NEW RETAINING WALL INSTALLATION. 1.50m ±
MIN 150mm FREE DRAINING GRANULAR FILL BEHIND RETAINING WALL. PROVIDE 1OOmmØ PERFORATED DRAINAGE TILE W/ FILTER CLOTH AND GRAVITY DRAIN TO POSITIVE OUTLET.
NEW 2300kg ANCHOR BLOCK OR SIM INTERLOCKING PRECAST RETAINING WALL BLOCK.
DRAWING:
MIN 150mm GRANULAR ‘A’ BASE FOR NEW WALKWAY.
SITE PLAN EMBED BASE OF WALL MIN 300mm INTO BEDROCK. PROVIDE COMPACTED GRANULAR ‘A’ LEVELING BASE AS REQUIRED.
RETAINING WALL DETAIL 1:50
NEW ADDITION
DESIGN: DRAWN:
JKA MS
CHECKED: AE #:
24023
DRAWING #:
SP1
PLOT DATE:
NEW ARMOUR STONE RETAINING WALL. MAX HEIGHT 1.50m.
MIN 150mm GRANULAR ‘A’ BASE FOR NEW DRIVEWAY.
GRA
2.60m MAX.
EX.
Page 273 of 355
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Page 275 of 355
October 30, 2024
File: MV/FRS/256/2024
Sent by E-mail Noah Perron, Planner Township of South Frontenac P.O. Box 100 Sydenham, Ontario K0H 2T0 Dear Mr. Perron: Re:
Application for Permission Section 45(2) PL-ZNA-2024-0117 (Featherston) Lot 6, Concession 8; 2498 Sands Road Storrington District, Township of South Frontenac Waterbody: Cedar Lake
Cataraqui Conservation staff have reviewed the above-noted application and offer the following comments for the Committee of Adjustment’s consideration. These comments are provided based on Cataraqui Conservation’s roles as technical advisor to the Township on Planning Act applications, and as administrator of Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits. Summary of Proposal The applicant is requesting permission under Section 45(2) of the Planning Act to enlarge the legal non-conforming dwelling within 30 metres of Cedar Lake. The applicant is proposing to demolish the 50 sq metre rear component of the dwelling to facilitate a larger addition in the same area. The proposed addition would be 59 sq metres in area, 6.5 metres in height, and would maintain the same highwater mark setback of 23 metres and top of bank setback of 11 metres. The applicant is also proposing to construct a 10 sq metre raised entrance deck, setback more than 30 metres from the highwater mark and 15 metres from the top of bank. The proposed addition would increase the total ground floor area from approximately 150 sq metres to 169 sq metres and total gross floor area from 152 sq metres to 161 sq metres. Building height of the proposed addition would match the portion of the dwelling that will remain (6.5 metres). Site Description The subject property is located on the south shore of Cedar Lake which is a small lake that drains to the northeast into Loughborough Lake. The topography along the shoreline in the area of the subject property consists of a 9-metre-high slope composed of till over limestone bedrock. The property is occupied by several mature coniferous trees along the shoreline with a few deciduous trees surrounding existing development. Existing development includes a single residential dwelling with attached deck and a lean-to which is proposed to be demolished. The property is designated ‘Settlement Area’ in the Official Plan and is zoned ‘Residential’ in the implementing Zoning By-law. Page 276 of 355
Discussion The main interest of Cataraqui Conservation with respect to this application is the avoidance of natural hazards (i.e. flooding and erosion) associated with Cedar Lake to protect people and property. Natural Hazards Cataraqui Conservation, through our implementation of Ontario Regulation 41/24 and, in accordance with the natural hazards policies of the 2020 Provincial Policy Statement (PPS), directs development away from lands subject to natural hazards, such as flooding and erosion. Flooding Development and site alteration within and adjacent to the regulatory flood plain is restricted. The intent of Cataraqui Conservation and Township flood plain setback policies is to ensure people and property are protected from the flooding hazard. CRCA does not have engineered flood plain mapping for Cedar Lake, and so, the exact 1:100 year flood elevation for this lake is not known. Based on a small upstream drainage area composed of wetland and no apparent watercourse inlet as well as the consideration of the significantly high slope along the shoreline, the flood plain elevation is not anticipated to extend upland beyond the toe of slope. As proposed, the existing dwelling and attached deck are outside of the minimum 6 metre setback from the flood hazard. Erosion Development and site alteration within and adjacent to the erosion hazard is also regulated by Cataraqui Conservation through our implementation of Ontario Regulation 41/24, consistent with Section 3.1 of the 2020 Provincial Policy Statement. This is typically addressed through the imposition of appropriate setbacks from the hazard or through mitigation where warranted by site-specific conditions and the nature of a proposal. Cataraqui Conservation defines the extent of potential erosion hazards for inland lakes, as the sum of a 1(h):1(v) or 3(h):1(v) slope stability allowance (depending on slope material) plus an erosion access allowance of 6 metres. Together, these make up what is known as the ‘Erosion Hazard Limit’. Based on a slope height of approximately 9 metres which has a composition of till over limestone bedrock, the erosion hazard extends a horizontal distance of 11 metres from the toe of slope. As proposed, the existing dwelling with attached deck is located outside the stable slope. Staff have no concerns with the proposed addition at the rear of the house based on a natural hazards perspective. Page 2 of 3
Page 277 of 355
Recommendation Staff have no objection to the approval of application PL-ZNA-2024-0117 based on our review of natural hazard and regulatory policies. Ontario Regulation 41/24 Portions of the subject property are located within a regulated area under Ontario Regulation 41/24: Prohibited Activities, Exemptions, and Permits which regulates development and interference with wetlands, and alterations to shorelines and watercourses. The proposed one storey addition has received permit approval from CRCA (F-429/23-CDR Lk). If you have any questions, please contact the undersigned. Please inform this office of any decision made by the Committee of Adjustment regarding this application. Plan Review Fees Cataraqui Conservation’s plan review fee is currently outstanding. Payment of $222.50 is required at the applicant’s earliest convenience and can be made by visiting our online payment platform at www.crca.ca/payment and referencing Cataraqui Conservation planning file MV/FRS/256/2024. Yours truly,
Emily Su Resource Planner 613-546-4228 ex.258 cc:
applicant, via e-mail
Page 3 of 3
Page 278 of 355
Township of South Frontenac Building Services 4432 George Street, Box 100 Sydenham, ON K0H 2T0 613-376-3027 www.southfrontenac.net
Sewage System Review Comments To:
Secretary-Treasurer, Committee of Adjustment Township of South Frontenac 4432 George St, Box 100 Sydenham, ON K0H 2T0
Application Number:
PLZNA20240117
Type of Application or Proposal:
Planning Sewage Review - Minor Variance
Applicant:
Taylor Featherston & Amanda D’Amour-Featherston
(if applicable) Agent:
Location:
102906004010000 2498 SANDS ROAD CON 8 PT LOT 6 PT RD ALLOW;RP 13R5043 PARTS 1 2 RP;13R17838 PARTS 1 2
Comments:
Sewage system (KFL&A Public Health file # ST-46-89) is considered “at capacity”. Any signs of failure or further additions/renovations will require replacement of the existing system with a modern sewage system that meets Ontario Building Code requirements. As there is little room left on the property, a replacement sewage system will either be an advanced treatment system with a reduced footprint or holding tanks.
Building Inspector: Matthew Doyle Date:
October 21, 2024
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community
Page 279 of 355
To:
Committee of Adjustment
From:
Development Services Department
Date of Meeting:
November 14, 2024
Subject:
Permission Application (S. 45(2) of Planning Act) PL-ZNA-2024-0117, D’Amour/Featherston, 2498 Sands Road, Storrington District
Summary This report recommends that the Committee of Adjustment grant approval of this application for permission to enlarge a legal non-conforming dwelling under section 45(2) of the Planning Act, subject to conditions. Background The subject property is and has historically been accessed via an unopened road allowance from Sands Road. Between 2000 and 2005 the original property owner sought a minor variance to permit construction work on the dwelling which occurred without a building permit. During the minor variance process, it was discovered that the dwelling and septic system encroached into the road allowance. In 2005, Township Council ultimately agreed to stop up, close and sell a portion of the road allowance to allow the dwelling to remain. A narrow portion of the road allowance remains to the east of the property’s side lot line. This portion of the road allowance is presently used for parking and contains a frame storage shed. The proposal would ultimately result in the creation of a new parking area wholly contained within the subject property. However, the existing shed will likely need to be removed. Staff are recommending that the development agreement includes a clause indicating that the placement of additional structures within the road allowance is not permitted. Official Plan Designation: Settlement Area Zoning: Urban Residential – First Density (UR1) Relief Requested The applicant seeks permission under section 45(2) of the Planning Act to enlarge the legal non-conforming dwelling on the property within 30m of the highwater mark of Cedar Lake. Related Applications The lands are not subject to any additional applications under the Planning Act.
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 280 of 355
Township of South Frontenac Staff Report PL-ZNA-2024-0117
Property Description The subject property is 0.32Ac (~1280sqm) in area with frontage on the south shore of Cedar Lake, in the Hamlet of Battersea. The property is civically addressed from Sands Road but is accessed via a driveway over an unopened Township Road allowance. The abutting property to the east is also accessed via the unopened road allowance and a right-of-way extending the along the rear lot line of the subject property. Existing development consists of a single detached dwelling, and a frame storage shed within the unopened road allowance. The dwelling consists of a two-storey building with an attached covered deck on the water side and a one-storey addition to the rear. The property also contains a set of connected decks and stairs, leading down to the shoreline area. Except in the immediate area of the dwelling, the property features an abundance of mature tree and vegetation growth, especially along the shoreline area. The property is situated within a slope extending downwards towards the shoreline. The slope is steepest between the dwelling and the shoreline. The surrounding area consists of residential development. Proposal The subject property is presently developed with a ~100sqm footprint dwelling with 49sqm attached partially covered deck. The existing dwelling can be broken into two components, the ~50sqm two-storey building, and the ~50sqm one-storey addition. The applicants are proposing to demolish the one-storey addition in favour of a larger and taller one-storey addition in the same area. The proposed addition would have a 59sqm footprint. The enlarged dwelling would have a ground floor area of 109sqm and total gross floor area of 159sqm. Building height of the proposed addition would match that of the two-storey portion of the dwelling (6.5m). The dwelling’s setback from the highwater mark and top of bank remain unchanged. Due to existing topography, the entrance into the addition will need to be raised and will only be accessible via a proposed 10sqm covered entrance deck. Upon entering the enlarged dwelling, there will be a ~5sqm landing area, and a staircase leading down to the ground floor. The proposed addition will be connected to the remaining structure via the ground floor. The proposed addition will have no direct connection to the second floor of remaining dwelling. To accommodate this proposal, the area to the rear of the addition will require significant grading, as well as the installation of retaining walls. Department and Agency Comments Cataraqui Conservation provided comment on October 30, 2024. CRCA Staff have no objection to the approval of the application. The proposal has already received a permit approval from the CRCA. Building Services provided comment on October 21, 2024. Staff had not objection to the proposal but noted that the existing sewage system is considered “at capacity”. Any signs of failure or further additions/renovations will require replacement of the existing system. Public Services did not provide comment due to the nature of the application. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 281 of 355
Township of South Frontenac Staff Report PL-ZNA-2024-0117
Public Comments No public comments were received at the time of writing this report. Planning Analysis The Township Official Plan Schedule designates the subject property as Settlement Area and the property is zoned UR1 by Zoning By-law 2003-75. The dwelling is a permitted use. Section 5.10.2 of the Zoning By-law states that existing buildings with less than the minimum 30m setback from the highwater mark of a waterbody may be repaired, renovated, or strengthened to a safe condition provided there is no enlargement of the gross floor area or increase in height. This provision prohibits the enlargement of these existing buildings, without seeking permission from the Committee of Adjustment. The Zoning By-law considers the existing dwelling as a legal non-conforming building because it was constructed prior to the current Zoning By-law and is setback 18m from the highwater mark of Cedar Lake. Through its powers under section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the dwelling. The criteria for considering an application under Section 45(2) are: • •
Whether the application is desirable for the appropriate development of the subject property; and Whether the application will result in undue adverse impacts on the surrounding properties and neighbourhood.
The existing covered deck is the closest setback distance to the highwater mark, approximately 13.5m. The dwelling itself is setback 18m. The proposed addition would occupy the area of the existing rear one-storey addition. Therefore, not changing the highwater mark setback. It would also not change the setback from the top of bank. The addition would facilitate an increase in gross floor area from approximately 150sqm to 159sqm. The ground floor area of the dwelling would increase from approximately 100sqm to 109sqm. The footprint of the building and all decks would increase from 149sqm to 168sqm, a 1.5% increase in lot coverage. The proposed addition will be a single storey but will match the building height of the twostorey main portion of the dwelling (6.5m). The addition will contribute additional living space but will also become the new entrance to the dwelling. The proposed covered entrance deck will provide the necessary connection from the new driveway to the dwelling. This building will meet minimum setback requirements from the side and rear lot lines and the right-of-way. The subject property is significantly smaller than surrounding properties, but the scale of the enlarged dwelling is consistent with existing patterns of development and would not conflict with the neighbourhood. The site alteration proposed to accommodate the proposed development should also contribute to the property’s functionality. Presently, vehicle parking on the subject property occurs within the unopened road allowance. Should the application be approved, the new parking area would wholly be contained within the property. The proposed site alteration would also have the benefit of making the property more accessible www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 282 of 355
Township of South Frontenac Staff Report PL-ZNA-2024-0117
via car, while also improving access around the dwelling by foot. It is the opinion of Planning Staff, that the application is desirable for the appropriate development of the land. The proposed addition is to occupy almost the identical footprint of the existing addition The enlarged dwelling is not anticipated to create any intrusive effects on neighbouring properties or the lake. Any potential intrusion would be mitigated by existing tree coverage, especially along the shoreline area. The addition and entrance deck will be appropriately setback from the right-of-way extending the length of the rear lot line and will not impact its functionality. Further, the proposed lot grading would begin at the edge of the right-of-way. It is the opinion of Planning Staff, that the application is unlikely to result in undue adverse impacts on surrounding properties or the neighbourhood. Planning Staff recommend that a development agreement be registered on the title of the subject property as a condition of approval. The development agreement will address matters related to erosion control, runoff management and the maintenance of a healthy shoreline buffer. This will ensure that appropriate shoreline development practices are being implemented, to not impact the environmental quality of Cedar Lake. Planning Staff have also included a clause in the development agreement which provides notice that the placement of structures is not permitted within the unopened road allowance. Conclusion It is the opinion of staff that it is appropriate for the Committee of Adjustment to grant permission to expand the legal non-conforming dwelling on the property, as described in this report. Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing. This included notice given: • • •
by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies
Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve application PL-ZNA-2024-0117 for 2498 Sands Road, subject to the following conditions.
- The dwelling may be enlarged by replacing the existing one-storey addition with a new addition with a maximum area of 59sqm and a building height of 6.5m consistent with the submitted plot plan (Drawing No. SP1.2, Austin Engineering, n.d.) and building plans (Drawing No. A1, Austin Engineering, July 29, 2024) that will be attached to the Decision as Schedule “A”. The building may also be enlarged through the addition of a 10sqm covered entrance deck, consistent with the plot plan and building plans described above. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 283 of 355
Township of South Frontenac Staff Report PL-ZNA-2024-0117
- 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 from the addition will be directed away from Cedar Lake and discharged to natural or constructed leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads to reduce the velocity of runoff. c. A natural vegetated buffer must be maintained in its natural state within 15 metres of Cedar Lake, primarily along the shoreline slope, except in the immediate area of the building envelope. d. Notice that the placement of structures within the unopened township road allowance to the east of the subject property is not permitted.
- A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac. Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods RPP, MCIP, Manager of Planning
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 284 of 355
TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended
‘0 d (0 :20)V
Date Received:
Pre—Consultatlon forthis application Planner:
Ila-h :CIA/
File No:
EI’YBS
D
EL .ZNA -20 2Q;- Dll 8
No
Date of bra-consultation:
Name owaner(s):
fodd‘ Bemsoa
Full Mailing Address
of Owner(s):
?tmkm’s
Kay/mm
Harmwjmkk
\ZVK
Lx?q
39 53
’
Smitims
PWImsmq‘lyiq 04L
OH l UO Phone number of Owner(s): Email Address of Owner(s):
If the applicant is NOT the owner of the subject land, the written authorization of the owner that the applicant is authorized to make the application, must accompany the application Name of Authorized Agent: Full Mailing Address
of Authorized Agent:
Phone number of Authorized Agent: Email Address of Authorized Agent: Agent as named above is hereby authorized to act on behalf of the owners for purposes of processin this a “cation for Minor Variance
The description of the subject land:
District:
D Bedford
U Loughborough
J Storrington
Co? H Lot Number: IQT/ui‘ i g a3\ 5 Hch‘??u’z Name of Road/Street: :15 i7is ’Z‘Zi
Number:
Concession
Street Number:
Reference
LVPortland
.
Plan Number:
RollNumber’
0&9709‘0
g
00
100
A“
Part Number(s): O 0 0C)
Page 285 of 355
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TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended AGREEMENT TO INDEMNIFY
Attached to this application is a cheque payable to the Township of South Frontenac representing payment the application fee.
of
The Owner/Applicant/Agent agrees that the information recorded in this Minor Variance Application Form is accurate. The Owner/Applicant/Agent agrees that representatives of the Township and, where applicable, the appropriate Conservation Authority, may enter onto the subiect property for the purpose of determining the appropriateness of the site for the proposed development. The Owner/Applicant/Agent agrees to reimburse and indemnify the municipality for all tees and expenses incurred by the municipality to process the application, including any fees and expenses attributable to proceedings before the Ontario Municipal Board or any court or other administrative tribunal if necessary to defend Council‘s decision to support the application.
Without limiting the foregoing. such fees and expenses shall include the fees and expenses of consultants, planners, engineers, lawyers and such other professional and technical advisors as the municipality may, in its absolute discretion acting reasonably, consider necessary or advisable to more properly process and support the application. The Owner/Applicant/Agent further agrees to provide the municipality, upon request and in cases where an application has been appealed to the Ontario Municipal Board, with a deposit (over and above the normal application fee), from which the municipality may, from time to time charge any fees and expenses incurred by the municipality in order to process the application. exceed the deposit, the If such appeal expenses Owner/Applicant shall pay the difference forthwith upon being billed by the municipality, with interest at the rate of 1.25% per month (15% per annum) on accounts overdue more than 30 days, The Owner/Applicant/Agent further agrees that, until such requests have been complied With, the muniCIpality will have no continuing obligation to process the application or attend or be represented at the Ontario Municipal Board or any court or other administrative proceeding in connection with the application: DATED AT THE TOWNSHIP OF SOUTH FRONTENAC THIS
/0
DAY or
0C
’70CJCJ SGASu?
i
.20 ?hi
Harrow“ tLL
I, OF M solemnly declare that all the statemehts contained in this application are the and | makB‘this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made ce Act. '
Signature of Applicant or Authorized Agent DECLARED before me at the TOWNSHIP OF SOUTH FRONTENAC (IN THE COUNTY OF FRONTENAC) THIS
ID“
A Commiss
ner, etc.
DAYOF
Ocmbel
,zoz‘i—
etc. KatieSusan Kaestner,a Commissioner. Provinceoi Ontario, for the Corporationof the Twnship 01SouthFrontenac. ExpiresAugus114,2027.
9 Page 291 of 355
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FREEMANROAD u
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PL-ZNA-2024-0118
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Lake Trout Lake Not at Capacity
Non-Lake Trout Lake At Capacity
3253 HAPPOWSMTTH RD
Waterbody
.r -
I Township Boundary Road
Produced by tne County at Frontenac under Ircense wrtn the Ontarro MIm51ryoi Natural Resources as:Krng’s Punter tar entane, 2024
Page 292 of 355
ON 4 PT LOT t PLAN a0400 PART B
éc
r LOT
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wnrle the County makes every ettort to rnsure tnat tne rntorrnatron presented rs accurate tor the rntenned uses of trus map, tnere rs an rnnerent error rn all mapprng products, and accuracy ortrre mapping cannot be guaranteee ior all possible uses The map ersplays has»: Iopographlc teatures onry
“197- ‘T9
Scale: 1:1,500
o
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UTM Zone 18 NAD 83 Date 20244029
Page 293 of 355
To:
Committee of Adjustment
From:
Development Services Department
Date of Meeting:
November 14, 2024
Subject:
Minor Variance Application (S. 45(1) of Planning Act) PL-ZNA-2024-0118, Todd Benson, 3253 Harrowsmith Road, Portland District
Summary This report recommends that the Committee of Adjustment grant approval of this application for zoning relief for an addition to a detached garage, subject to conditions, as this application meets the four tests of a minor variance outlined in section 45(1) of the Planning Act. Background Official Plan Designation: Rural Zoning: Rural Proposal The Owner proposes to construct a 55.7sqm addition onto an existing 111.4sqm detached garage. A minor variance is being requested as the lot coverage of accessory buildings on the property exceeds the lot coverage of the existing principal building (single detached dwelling). The area of the single detached dwelling and attached deck is 142.2sqm and the total area of all accessory buildings is proposed to be 233.7sqm. Zoning Relief Requested Sections 5.24.1 – to permit the total lot coverage for accessory buildings to exceed the lot coverage of the existing principal building. Related Applications The lands are not subject to any additional applications under the Planning Act. Property Description The subject property is ‘L’ shaped and is 2.3ha in area with 76m of frontage on Harrowsmith Road. The property is developed with a single detached dwelling, a detached garage, and several accessory structures. The front portion of the property near www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 294 of 355
Township of South Frontenac Staff Report PL-ZNA-2024-0118
Harrowsmith Road is primarily manicured lawn with buffers of mature trees lining the north and east property lines. The rear portion of the property is primarily scrub and lower lying and abuts the Millhaven Creek provincially significant wetland. Department and Agency Comments The applicant has applied for a building permit for the addition, the subject minor variance is required prior to building permit issuance. The application was not circulated to Public Services due to the nature of the application. Cataraqui Conservation advised that they did not need to be circulated on the application and had no concerns with the proposed lot coverage. Public Comments No public comments had been received at the time of writing this report. Planning Analysis The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. It is the opinion of Planning staff that the proposal meets the four tests as explained below. Does the variance maintain the general intent and purpose of the Official Plan? The subject property is designated Rural on Schedule A of the Official Plan. The proposed addition to the detached garage would be an accessory use to the permitted, existing residential use of the property. The proposed variance maintains the general intent and purpose of the Official Plan related to residential development. Does the variance maintain the general intent and purpose of the Zoning By-law? The addition to the detached garage is a permitted use in the RU zone as an accessory use. The proposed addition complies with all requirements of the Zoning By-law except the lot coverage provisions for accessory buildings. The garage is set back further from the road than the existing dwelling. The Zoning By-law permits a maximum 5% total lot coverage for all accessory buildings on a property and requires that this lot coverage not exceed that of the principal building. The intent of this provision is to ensure that the dwelling remains the focus of a residential property, and that the property is not overcrowded with buildings. The subject property is 2.3ha in area and the lot coverage of the primary building is 0.62%. The lot coverage of the existing accessory buildings is 0.78%. The proposed addition to the detached garage would further increase the lot coverage of accessory buildings to 1.0%. While the lot coverage of www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 295 of 355
Township of South Frontenac Staff Report PL-ZNA-2024-0118
accessory buildings exceeds the lot coverage of the primary building, lot coverage for accessory buildings is still well under the maximum permitted 5%. The footprint of the expanded detached garage will not be significantly larger than the footprint of the dwelling. Permitting a greater total lot coverage for accessory buildings would not result in an overdeveloped appearance of the property. The proposed variance maintains the general intent and purpose of the Zoning By-law. The proposed accessory building and the existing accessory buildings are uses associated with the permitted residential use of the property. 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 location of the proposed addition to the detached garage complies with all required setbacks. The garage addition is located on the south side of the existing detached garage and will not be visible from the road. Is the variance minor? The requested variances are minor as they maintain the general intent and purpose of the Official Plan and Zoning By-law, and are desirable for the appropriate development of the land. They are not anticipated to impact the existing or planned functionality of the property and adjacent properties. 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-2024-0118 for 3253 Harrowsmith Road, subject to the following conditions.
- The minor variance is for a 55.7sqm addition onto an existing 111.4sqm detached garage. The total lot coverage of all accessory buildings on the property is permitted to exceed that of the principal building as per the submitted sketch attached to the Decision as Schedule “A”. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 296 of 355
Township of South Frontenac Staff Report PL-ZNA-2024-0118
- 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-2024-0118 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Report Prepared By: Tom Fehr, RPP MCIP, Planner Report Reviewed By: Christine Woods, RPP MCIP, Manager of Planning
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 297 of 355
Page 298 of 355
Committee where
for
the
vary
appropriate intent intent
Zoning
is a Section by—iaw
permit
that Fee 3 Authority the applicable
a
Conservation
Valley
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and and
Conservation
Authority
Conservation
copy of this together with below in cash, Frontenac.
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a
new
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Authority
June,
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on
when
filed
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was
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by Town Chapter ship a legal n o n Committee
structure by-Iaw
land, Plan. By~|aw.
the
the
accompanied credit card,
Township to submitting Authority, are to
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be
day
extend
use of Official Zoning
or
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or the the
45(2)
provided
s.
R.S.O.
persons Act
appointed 1990, alter to
FRONTENAC VARIANCE
45(2))
2023
(s.
application the sketch, by debit or
enlarge
of
of
provisions
development purpose purpose
By-law
be for provided (where applicable)
that one (1) of Adjustment, with the chart South p of
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Page 299 of 355
Personal information requested herein is required under the Planning Act, 1990 as amended. This information will be used by the Committee of Adjustment/Land Division Committee for the purpose of reviewing the above referenced application, and may be made available to those boards, Commissions, Authorities, Agencies and Persons having an interest in this matter. Any questions regarding the collection of this information should be directed to the Secretary Treasurer of the Committee of Adjustment (P.O. Box 100, Sydenham, Ont., KOH 2T0, Phone 376-3027 ext.2224).
- Collection of Personal Information
Each applicant shall provide a sketch showing the dimensions of the subject land and of all abutting lands as outlined in Question 29 of the application. The sketch should be accurately dimensioned and scaled in either Imperial or Metric measures. This sketch, in conjunction with the Application Form, is the basis for the analysis of the Minor Variance Application by the Committee of Adjustment. It is strongly recommended that the applicant spend the necessary time to carefully and thoroughly assemble the data and transfer the data to the sketch. It is Any important that the sketch be drawn with accurate dimensions and measurements. application which does not include the above required information may not be accepted. In this regard, the applicant may wish to secure the assistance of a person who specializes in the drafting of such sketches. A guide to answering the application questions is attached.
- PLEASE READ THIS ITEMCAREFULLY
Please Note: These fees are for consultation on this application only; these agencies may require additional permit applications and fees prior to any construction.
TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINORVARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended
Page 300 of 355
Page 301 of 355
nature
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APPLICATION P.13 c.
1990,
HiekMailer PIOu-LC—
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Page 302 of 355
Page 303 of 355
Page 304 of 355
23‘
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Page 305 of 355
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answer
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distances to
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The
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please
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dimensions
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buildings.
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Page 306 of 355
Page 307 of 355
Reason why you can’t comply: In other words, why can you not meet the required setbacks. It
—
- Nature and Extent of Relief: This question is asking what you are asking to do that requires the variance for example, it could be that you are asking to be 25 m ratherthan 30 m from the high water mark, or that you are asking to increase the height of a structure within 30 m of the high water mark, or that you are seeking a variance to construct an accessory building closer to the front lot line than the principal building.
Current zoning: You may not be aware of the zoning on your property and this can be determined when you come in for pre-consultation with planning staff.
- Frontage, depth, area, acres: All parts of this question must be completed.
—
Description of the Subject Land: a. District: The Districts are the same as the former Townships. If you are not sure, check the roll number (the long number beginning with 1029) on your tax bill. lfthe numbers are 010, 020 or 030, your district is Bedford; if the numbers are 040-050, your district is Loughborough; if the numbers are 060 or 070, your district is Storrington; and if the numbers are 080, your district is Portland. b. Concession andLot Numbers: if you are not sure, check your tax bill if a civic number has not been assigned, leave this c. Street Number: Your civic address space blank. d. Name of Road/Street: This question applies whether or not you are on a private lane or a public road. e. Reference Plan No: If your property has been surveyed, it will have a plan number, and one or more parts on that plan. If your property has not been surveyed, leave this space blank. f. Roll No: This is the number beginning with ‘1029’ which appears on your tax bill. Please take time to look it up before submitting the application.
You may wish to appoint someone to act on your behalf during the variance process. If so, that person’s name, address and phone number should appear here All owner’s must sign the authorization.
The names of all owners must appear in this section, even if they live in separate residences, and the address(es) should be the full mailing address, complete with postal code.
A Guide to Completing the Minor Variance Form
TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINORVARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended
Page 308 of 355
19)Date land acquired: When did you take possession of the property?
——
18)Uses of Development: Please answer each part of this question. An increase in living space would include anything with walls e.g. a screened porch would involve an increase in living space.
17)Raising of Structure: In other words, are you proposing to raise the building in order to construct a basement under it.
Demolition: All demolition requires a permit from the building department. In some instances, a proposed addition or increase in height cannot be accomplished without the removal of existing walls. If this is not made clear to the Committee at the beginning of the process, you may find that, although you are granted permission to add on to your residence, you can’t actually do it because you have not made it clear that there is demolition involved.
Description of new construction: ALL proposed new development must be described here. If you are proposing to construct an addition to a dwelling, and to add a deck, please show this information in separate columns.
—
Proposed structures: If you are planning to build ANYTHING on the property, the answer to this question is “yes” This includes additions, decks, garages, septic systems.
Proposed Uses: Generally, the answer to this question will be the same as the answer to #10, but if, for example, the land is currently vacant, and you are planning to construct a dwelling, then the use to be described in section 10 would be “vacant recreational land”, and the use described in section 13 would be “residential”
Description of buildings and structures: You must complete all sections of this question for each structure on your property. If there is a deck on your dwelling, please describe it separately from the residence.
Buildings: If there are ANY buildings or structures on the property now, the answer to this question is “yes”.
Existing Uses: e.g. residential, retail business, vacant recreational land
Parking and Docking: This question is only relevant is you can only access your property by water.
TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINORVARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended
Page 309 of 355
—
Agreement to lndemnify: Must be signed in front of a commissioner of oaths you may have this done before submitting the application, or sign the application in front of staff who can sign as commissioners. All owners must sign the application, or it can be signed by an agent if one has been appointed.
SKETCH: We cannot stress enough the importance of a detailed, accurate, and complete sketch. You do not necessarily need to contract with a professional to draw the sketch, but sketches that are not drawn to scale, do not show dimensions and distances, or are not drawn neatly (PLEASE USE A RULER), will not be accepted.
_
If yes: If there has been a previous variance granted on the property, please indicate the application number if known, and what the details of the variance were.
Minor variance: Has there ever been a minor variance granted on the property? Ifyou are long— time owner of the property, you will probably be aware of any other special permission granted for a variance to the zoning by-law. If you are a new owner, the seller will probably have made you aware of this.
If yes: If there is a current application for severance or subdivision on the property, please indicate the file number. (Staff can help provide this information)
for the property?
Application for consent: Is there currently an application for consent (severance) being proposed
Drainage: Are there specific ditches that have been constructed to deal with drainage; is there natural drainage, etc.?
Septic: in most cases the answerwill be private sewage system, but there may be some privies.
TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.0. 1990, c. P.13 as amended
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SOUTH FRONTENAC PL-ZNA-2024-0119 (SYSTMA) 4006 O’NEIL LANE Legend
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Subject Property
Parcels Provincially Signi?cant Wetland :
Wetland Wooded Area Lake Trout Lake At Capacity
Lake Trout Lake Not at Capacity
Non-Lake Trout Lake At Capacity
Waterbody Township Boundary
Road
Produced by the County orFrontenac under ircense wrtn the Ontarro Mrnrstryoi Natural Resources © Krng’s Pnnrer tar entano, 2024
Page 310 of 355
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While the County makes every e?orl to rnsure that the rntorrnatron presented Is accurate tor the rntended uses ottnrs map, tnere rs an rnnerent error rn all mapprng products, and accuracy loe rnaoorng cannot be guaranteed tor all possible uses ans map drsplays has»: topograpnrc teatures only
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Date 20244015
Page 311 of 355
Page 312 of 355
8.59 m
Page 313 of 355
October 30, 2024
File: MV/FRS/258/2024
Sent by E-mail Noah Perron, Planner Township of South Frontenac P.O. Box 100 Sydenham, Ontario K0H 2T0 Dear Mr. Perron: Re:
Application for Permission Section 45(2) PL-ZNA-2024-0119 (Sytsma) Pt Lot 18, Concession 4; 4006 O’Neil Lane Storrington District, Township of South Frontenac Waterbody: Loughborough Lake
Cataraqui Conservation staff have reviewed the above-noted application and offer the following comments for the Committee of Adjustment’s consideration. These comments are provided based on Cataraqui Conservation’s roles as technical advisor to the Township on Planning Act applications, and as administrator of Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits. Summary of Proposal The applicant is requesting permission under Section 45(2) of the Planning Act to enlarge a legal non-conforming accessory structure which is located within 30 metres of Loughborough Lake. The property is occupied by an existing 74.2 sq metre garage, with a building height of 4.2 metres, and is setback approximately 15.8 metres from the highwater mark of Loughborough Lake. The applicant proposes to enlarge the existing garage with an addition 34.1 sq metres in size, 3.2 metres in height and setback 23 metres from the highwater mark of Loughborough Lake. A lean-to attached to the existing garage will be demolished. Site Description The subject property is located along a channel of Loughborough Lake. The property has frontage on Loughborough Lake at the south end of the property which is an area of Loughborough Lake that has been designated Loughborough Lake Complex Provincially Significant Wetland. The property is relatively flat with few mature trees over an area occupied primarily by manicured lawn. Existing development includes a garage with an attached lean-to. The property is designated as “Provincially Significant Wetlands” in the Township’s Official Plan and zoned ‘Limited Service Residential-Waterfront’ in the implementing Zoning By-law.
Page 314 of 355
Discussion The main interest of Cataraqui Conservation with respect to this application is the avoidance of natural hazards (i.e. flooding and erosion) associated with Loughborough Lake to protect people and property. Natural Hazards Cataraqui Conservation, through our implementation of Ontario Regulation 41/24 and, in accordance with the natural hazards policies of the 2020 Provincial Policy Statement (PPS), directs development away from lands subject to natural hazards, such as flooding and erosion. Flooding Development and site alteration within and adjacent to the regulatory flood plain is restricted. The intent of Cataraqui Conservation and Township flood plain setback policies is to ensure people and property are protected from the flooding hazard. Loughborough Lake has a maximum recorded water level of 125.09 metres GSC which is used at the flood plain elevation and establishes the upland extent of area at risk to flooding. Any new development and site alteration is required to occur outside of 6 metres from the flood plain elevation. As proposed, the existing garage and garage addition area is 15.8 metres and 23 metres from the flood plain, respectively. Erosion Development and site alteration within and adjacent to the erosion hazard is also regulated by Cataraqui Conservation through our implementation of Ontario Regulation 41/24, consistent with Section 3.1 of the 2020 Provincial Policy Statement. This is typically addressed through the imposition of appropriate setbacks from the hazard or through mitigation where warranted by site-specific conditions and the nature of a proposal. Cataraqui Conservation defines the extent of potential erosion hazards for inland lakes, as the sum of a 1(h):1(v) or 3(h):1(v) slope stability allowance (depending on slope material) plus an erosion access allowance of 6 metres. Together, these make up what is known as the ‘Erosion Hazard Limit’. Based on a slope height of approximately 1 metre, the erosion hazard extends a horizontal distance of 5 metres from the toe of slope. As proposed, the existing garage and proposed addition are located outside the minimum 6 metre setback from the erosion hazard. Recommendation Staff have no objection to the approval of application PL-ZNA-2024-0119 based on our review of natural hazard and regulatory policies.
Page 2 of 3
Page 315 of 355
Ontario Regulation 41/24 Portions of the subject property are located within a regulated area under Ontario Regulation 41/24: Prohibited Activities, Exemptions, and Permits which regulates development and interference with wetlands, and alterations to shorelines and watercourses. A permit has been submitted with CRCA for the proposed garage addition and is currently under review. If you have any questions, please contact the undersigned. Please inform this office of any decision made by the Committee of Adjustment regarding this application. Yours truly,
Emily Su Resource Planner 613-546-4228 ex.258 cc:
applicant, via e-mail
Page 3 of 3
Page 316 of 355
To:
Committee of Adjustment
From:
Development Services Department
Date of Meeting:
November 14, 2024
Subject:
Permission Application (S. 45(2) of Planning Act) PL-ZNA-2024-0119, Sytsma, 102906002014520, O’Neil Lane, Storrington District
Summary This report recommends that the Committee of Adjustment grant approval of this application for permission to enlarge a legal non-conforming building under section 45(2) of the Planning Act, subject to conditions. Background The applicant is the co-owner of two abutting properties, 4006 O’Neil Lane and the unaddressed property to the east (i.e., the subject property). Both properties can be conveyed independently. 4006 O’Neil Lane contains a dwelling and a detached accessory structure. The unaddressed property to the east contains the detached garage which is the subject of this application. Official Plan Designation: Rural Zoning: Limited Service Residential – Waterfront Proposal The applicant seeks permission under section 45(2) of the Planning Act to enlarge the legal non-conforming garage on the property within 30m of Loughborough Lake. The property is developed with a 74.2sqm garage, with a building height of 4.2m, setback approximately 15.8m from the highwater mark of Loughborough Lake. The applicant proposes to construct an addition on the south side of the garage. The addition would have an area of 34.1sqm, a building height of 3.2m and would be setback approximately 23m from the highwater mark. The enlarged garage would have a total area of 108.3sqm. The existing garage is setback 7m from the side lot line to the west and 5.8m from the lot line to the east. The addition would encroach no closer towards either side lot line. Related Applications The lands are not subject to any additional applications under the Planning Act.
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 317 of 355
Township of South Frontenac Staff Report PL-ZNA-2024-0119
Property Description The subject property is approximately 0.77Ac (~3130sqm) in area. The property does not have direct frontage on Loughborough Lake but is in proximity to the shoreline (~10m). Access is via the driveway into 4006 O’Neil Lane. The property contains a garage. A lean-to structure was recently demolished from the southside of the garage. Most of the property is lawn, but there is some scattered tree coverage. For example, a hedge of coniferous trees exists to the north of the garage, screening the structure from the driveway into 4006 O’Neil Lane. There is also an assortment of mature trees along the shared lot line with the abutting property to the west. Approximately 80m to the south of the garage, beyond the southernmost lot line, exists a provincially significant wetland. Regarding topography, the property is mostly flat. Surrounding land uses consist of limited-service residential waterfront and rural uses. Department and Agency Comments Cataraqui Conservation provided comment on October 30, 2024. CRCA Staff had not objection to the proposal. Staff have noted that a permit application has been submitted for the proposed addition and is currently under review. Building Services and Public Services did not provide comment due to the nature of the application. Public Comments No public comments were received at the time of writing this report. Planning Analysis The Township Official Plan Schedule designates the subject property as Rural and the property is zoned RLSW by Zoning By-law 2003-75. The RLSW zone permits dwellings and accessory buildings on a property. However, the Zoning By-law does not permit accessory buildings to be erected before the principal building. The garage is not permitted as a principal use in the RLSW zone. However, it pre-dates the current Zoning By-law so it is a legal nonconforming use for which it is reasonable to consider permitting expansion. The garage is also legal non-conforming because it is setback 15.8m from the highwater mark of Loughborough Lake. Section 5.10.2 of the Zoning By-law states that existing buildings with less than the minimum 30m setback from the highwater mark of a waterbody may be repaired, renovated, or strengthened to a safe condition provided there is no enlargement of the gross floor area or increase in height. This provision prohibits the enlargement of these existing buildings, without seeking permission from the Committee of Adjustment. Through its powers under section 45(2) of the Planning Act, the Committee of Adjustment may grant permission to enlarge the garage. The criteria for considering an application under Section 45(2) are: •
Whether the application is desirable for the appropriate development of the subject property; and www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 318 of 355
Township of South Frontenac Staff Report PL-ZNA-2024-0119
•
Whether the application will result in undue adverse impacts on the surrounding properties and neighbourhood.
The northwest corner of the garage is the closest setback distance to the highwater mark (15.8m). The proposed addition would be constructed on the south half of the garage, away from the lake. Therefore, the addition would encroach no closer to the highwater mark. The addition would facilitate an increase in area from 74.2sqm to 108.3sqm, a 1.1% increase in lot coverage (2.3% to 3.4%). The addition would have a building height of 3.2m, shorter than the building height of the existing garage (4.2m). It is the opinion of Planning Staff that the garage addition is desirable for the appropriate development of the property. The addition would contribute additional storage space for the dwelling at 4006 O’Neil Lane and would be easily accessible via the existing driveway. The proposed location is appropriate and would not result in further encroachment towards the lake or side lot lines to the east and west. Given the modest size of the addition, it is not anticipated to create any intrusive effects or negative impacts on the surrounding area. These properties are at the end of O’Neil Lane, and the addition will be on the far side of the garage, so it will not impact nearby properties. The coniferous hedge between the garage and the lane will continue to screen this building from abutting properties. There are also existing buildings and the lane between the garage and the lake so there should be no new or different impact on the lake. Therefore, it is the opinion of Planning Staff that the addition would not result in undue adverse impacts on surrounding properties or the neighbourhood. Conclusion It is the opinion of staff that it is appropriate for the Committee of Adjustment to grant permission to expand the legal non-conforming dwelling on the property, as described in this report. Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing. This included notice given: • • •
by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies
Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve application PL-ZNA-2024-0119 for the property with roll number 102906002014520 in Part Lot 18, Concession 4 Storrington District, subject to the following conditions.
- Permission is granted to enlarge the legal non-conforming garage on the subject property. The addition to the south of the garage is permitted to have an area www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 319 of 355
Township of South Frontenac Staff Report PL-ZNA-2024-0119
34.1sqm, and to encroach no closer towards the highwater mark or side lot lines to the east and west than the existing garage, consistent with the submitted plans that will be attached to the Decision as Schedule “A”. 2. A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac. Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods RPP, MCIP, Manager of Planning
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
Page 320 of 355
Page 321 of 355
TOWNSHIPOF SOUTH FRONTENAC APPLICATIONFOR MINORVARIANCE OR PERMISSION(s. 45(2)) Updated June, 2023
Is desirable for the appropriate development or use of the land, building or structure Maintainsthe general intent and purpose of the OfficialPlan. Maintainsthe general intent and purpose of the Zoning By-law. ls minor in nature
provided the Committee is of the opinion
V
J W
PlanningApplication Fee: $1,230.00 $1,445.00 $2,206.00
Township of South Frontenac Minor Variance Only Minor Variance WITHPerformance Review Minor Variance in combination with a new Class 2, 3, 4, or 5 sewage system other than a Class A system
$46300 $72000 $1'183'00
- It is required that a Fee be provided for the Township to review onsite sewage disposal and Conservation Authority(where applicable) when submitting an application (Separate cheques, payable to the applicable Conservation Authority, are to be submitted with the application)
__.
Application Type: 1-3 Variances 4+ Variances After buildingwithout a permit
- It is required that one (1) copy of this application be filed with the Secretary-Treasurer of the Committee of Adjustment, together with the sketch, accompanied by a non-refundable fee in accordance with the chart below in cash, or by debit card, credit card or cheque made payable to the Township of South Frontenac.
Application Requirements
The Committee may grant permission to enlarge or extend a structure or alter the use of the lands where any land, building or structure, on the day the by-law was passed, was lawfully used for a purpose prohibited by the by-law.
I
0
o
The Committee may vary Zoning By-law provisions that the variance:
The Committee of Adjustment is a Committee of eight persons appointed by Township Council. The Committee iS formed under Section 45 of the Planning Act R.S.O. 1990, Chapter P.13, to authorize a minor variance from a zoning by—lawor permission under s. 45(2) to alter a legal non-conforming use.
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Page 322 of 355
Personal information requested herein is required under the Planning Act, 1990 as amended. This informationwill be used by the Committee of Adjustment/Land Division Committee for the purpose of reviewing the above referenced application, and may be made available to those boards, Commissions, Authorities, Agencies and Persons having an interest in this matter. Any questions regarding the collection of this information should be directed to the Secretary Treasurer of the Committee of Adjustment (PO Box 100, Sydenham, Ont, KOH2T0, Phone 376-3027 ext.2224).
- Collection of Personal Information
Each applicant shall provide a sketch showing the dimensions of the subject land and of all abutting lands as outlined in Question 29 of the application. The sketch should be accurately dimensioned and scaled in either Imperial or Metric measures. This sketch, in conjunction with the Application Form, is the basis for the analysis of the Minor Variance Application by the Committee of Adjustment. It is strongly recommended that the applicant spend the necessary time to carefully and thoroughly assemble the data and transfer the data to the sketch. It is important that the sketch be drawn with accurate dimensions and measurements. Any application which does not include the above required information may not be accepted. In this regard, the applicant may wish to secure the assistance of a person who specializes in the drafting of such sketches. A guide to answering the application questions is attached.
- PLEASE READ THIS ITEMCAREFULLY
Please Note: These fees are for consultation on this application only; these agencies may require additional permit applications and fees prior to any construction.
TOWNSHIPOF SOUTH FRONTENAC APPLICATIONFOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended
TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE PIanningAcl, R.s.0. 1990, c. P.13 as amended
File No: PL-ZNA-2024-0121_
Date Received: 24—Oct—2024
mlYes
Pre-Consultation forthis application
Planner. j l; m 1.
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a No
chb‘; Full Mailing Address of Ownerts): a5 Sou-thug Nameowaner(s):
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Phone number of 0wner(s):
(gym!
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EmailAddress of Ownerts):
Ifthe applicant is NOT the owner of the subject land, the written authorization of the owner that the applicant is authorized to make the application, must accompany the application. NameofAuthorizedAgent:
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Full Mailing Address of Authorized Agent:
MN
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Phone number of Authorized Agent:
Email Address of Authorized Agent:
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Agent as named above is hereby authorized to act on behalf of the owners for purposes this a lication for Minor Variance.
of
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The description of the subjed land: District:
V’Bedford
5
g ON
ConcessionNumber: Street Number.
\ 1
3
Reference Plan Number: _BE
Portland
PT
l’
Loughborough
Lot Number:
Name of Road/Street:
I 3 R35; 2 3
RollNumber:_QlO’ QS‘Q’
lO_Q_QQ
97
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Part Number(s): ’
I Storrington
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Page 323 of 355
Page 324 of 355
72 FT
or renovated
condition thereno
gross
21Yes
No
LXNo
N/A
If access to the subject property is by water only, please indicate the parking and docking facilities used or to be used and the approximate distance of these facilities from the subject land and the nearest public road.
191 BURNS LANE NORTH
Name of Road/Lane:
OR a privately maintained road?
Yes
The addition is an enlargement and while it may comply with the required setbacks the existing structure is within the setback and as such relief in the form of a minor variance would be required
The reason why the proposed use cannot comply with the provisions of the Zoning By-law:
may
said building has less than the minimum 30 metre (98. 4 ft.) setback from the highwater mark of a waterbody or watercourse, then ?oor of the provided to a safe said building be repaired, strengthened Is enlargement
Waterbodyor Watercourse Where a building has been erected prior to the date of passing of this By-law on an existing lot and
Section 5.10.2 of the Zoning By—lawapplies in this case which states that: Existing Buildings Within 30 Metres (98.4 ft.) of a
The nature and extent ofthe relief from the Zoning By-law:
RLSW
The current zoning of the subject land:
4.35ACRES
Area:
Depth:
338 FT
Frontage (on road/lane):
Frontage (on water): 560 FT
The frontage(s), depth and area of the subject land.
Does the subject property front on a municipally maintained road?
TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended
Page 325 of 355
32ft
24OSqft
103
53ft
18030”
13ft
101
250 sqft
9m
333’
14.Are any building(s) or structure(s), or additions to existing building(s) or structure(s), PROPOSED
13.The proposed uses of the subject land: Residential
(If applicable)
setssggrfnmigh 65“
1306 SOFT Dimggffpjaof
story or two story)
Hitgii‘iiz’aft??i’g‘é‘ni ?échONE
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33 FT
TTTT
Garage/ shed
(4)
2mm;
South Shed
(3)
mTT
North Shed
(2)
indicate:
33:53:53.2:
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(1)
- lfthe answer to item 11 is yes, for EACH building or structure
TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended
Page 326 of 355
301 ft
Setback from Side Lot Line
NOTES:
103ft
20.5 x 18 ft
(2)
(3)
. .
52 ft
30“ X 19“
35"
282 ft
224 ft
52ft
Exrstmg deck (no room above)
(4)
- lfthe subject property is on waterfront, and on a private lane, the setback from the front lot line and the setback from the high water mark will be the same.
- The dimensions required in this question relate to the NEW CONSTRUCTION ONLY, and NOT to the total size of the completed building.
Setback from High Water Mark (If applicable)
Outside Dimensions of Building/Structure
(Also indicate if it is one story or two story)
12ft one level
173”
Setback from Rear Lot Line
Height of Building
103 ?
Addition
Setback from Front Lot Line
Type o f s tructure (E.g. res1dence)
(1)
- lfthe answer to item 14 is yes, for each proposed addition, building or structure indicate:
TOWNSHIP OF SOUTH FRONTENAC APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, c. P.13 as amended
Page 327 of 355
22A
21
date
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operated privy.
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APPLICATION c. 1990, P‘13
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November 6, 2024 24-SFR-MVA-0037 Committee of Adjustment Township of South Frontenac 4432 George St. Box 100 Sydenham ON K0H 2T0 Attention:
Kate Kaestner, Planning Clerk & Secretary-Treasurer
Subject:
Application for Minor Variance PL-ZNA-2024-0121 Lisa C. Parker 191 Burns Lane N, South Frontenac ARN 1029 0100 5010 2000 0000
Dear Ms. Kaestner, The Rideau Valley Conservation Authority has received the above noted application and have reviewed it within the context of: • • •
Section 3.1 Natural Hazards of the Provincial Policy Statement under Section 3 of the Planning Act; Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits under Section 28 of the Conservation Authorities Act; The Mississippi-Rideau Source Water Protection Plan;
The Proposal Based on the circulated materials, RVCA understands this application is requesting permission to enlarge a legal non-conforming dwelling located within 30 m of the highwater mark of Bobs Lake. The existing single storey dwelling has a ground floor area of 121.3 m2 and will be expanded with a 34.4 m2 single storey addition at the rear of the existing dwelling. The total area of the proposed dwelling will be 155.6 m2, and there will be no increase in building height as a result of this application.
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The Property The subject lands are described as Pt Lot 27 Concession 5 Bedford, municipally known as 191 Burns Lane North in the Township of South Frontenac. The lands are approximately 1.7 hectares (4.3 acres) in area, with approximately 22 m (72 ft) of road frontage, and 170 m (560 ft) of water frontage on Bob’s Lake, a regulated waterbody with a Regulated Flood Level of 163.07 masl. The lands are presently developed with an existing cottage, accessory structures, and private servicing. A review of our records and mapping did not show the presence of natural hazards such as mapped floodplains, marine clays, organic soils, or unstable bedrock. Provincial Policy Statement Regarding Section 3.1 Natural Hazards within the PPS, our office has no concerns with the requested minor variance as there are no natural hazard features present or identified on the subject lands. Ontario Regulation 41/24 The proposed minor variance request does not appear to impact any present or identified natural hazards. Any development activity and/or site alteration proposed within RVCA’s regulated area (within 15 metres of a watercourse/waterbody) will require a permit from our office in accordance with Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits. Source Water Protection The subject property is identified as overlying a highly vulnerable aquifer. These are aquifers that are vulnerable to surface contaminants due to thin or absent soils overlying bedrock that may be fractured. Where these conditions exist, it may be possible for contaminants to enter drinking groundwater supplies. For this reason, care should be taken to avoid land uses and practices that may inadvertently lead to undesirable effects on groundwater. Some best practices that could be considered include: • • • • •
increased well casing depths, increased distance of septic systems from drinking water wells, ensuring septic systems are located downgradient of wells, ensuring that wells and septic systems are properly maintained, avoiding the use of pesticides, herbicides, and fertilizers.
Conclusion In conclusion, our office has no objections to the requested minor variance. Please advise us on the Committee’s decision respecting this application, or any changes in the status of the application.
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Page 2 of 3
Best regards,
Dan Nguyen Planner, RVCA cc -Lisa C. Parker, owner/applicant cc -Tyson Myers, agent cc -Tom Fehr, Planner Township of South Frontenac
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Page 3 of 3
To:
Committee of Adjustment
From:
Development Services Department
Report Date:
November 14, 2024
Subject:
Permission Application (S. 45(2) of Planning Act) PL-ZNA-2024-0121, Parker (Tyson Myers), 181 Burns Lane North, Bedford District
Summary This report recommends that the Committee of Adjustment grant approval of this application for permission to enlarge a legal non-conforming dwelling under section 45(2) of the Planning Act, subject to conditions. Background Official Plan Designation: Rural Zoning: RLSW Proposal The applicant seeks 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 Bobs Lake. The existing single storey dwelling has a ground floor area of 121.3sqm plus a 40.8sqm attached deck. The dwelling will be expanded with a 34.3sqm single storey addition attached to the rear of the dwelling. The area of the enlarged dwelling will be 155.6sqm plus the existing deck. The height of the dwelling will not be increasing as a result of the application. Related Applications The lands are not subject to any additional applications under the Planning Act. Property Description The subject property is 1.5ha in area with more than 250m of frontage on Bobs Lake and is accessed from Burns Lane North. The property contains an existing dwelling with an attached deck and several small accessory structures. The property slopes gradually down from the rear of the property towards the water and has mature tree cover. The property is located at the north end of a peninsula in an area of similar waterfront residential development.
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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Township of South Frontenac Staff Report PL-ZNA-2024-0121, Parker (Tyson Myers), 191 Burns Lane North, Bedford District
Department and Agency Comments The Rideau Valley Conservation Authority has submitted comments stating they have no objection to approval of the application. The application was not circulated to Public Services due to the nature of the application. Building Services did not identify any concerns and will review the propose septic system location in further detail at the building permit stage. Public Comments No comments were received from the public at the time this report was written. Planning Analysis The Township Official Plan Schedule designates the subject property as Rural and the property is zoned RLSW in Zoning By-law No. 2003-75. The dwelling is a permitted use. Section 5.10.2 of the Zoning By-law states that existing buildings with less than the minimum 30 metre setback from the highwater mark of a waterbody may be repaired, renovated or strengthened to a safe condition provided there is no enlargement of the gross floor area or increase in height. This provision prohibits the enlargement of these existing buildings, without seeking permission from the Committee of Adjustment. The existing dwelling is a legal non-conforming building because it was constructed prior to the current Zoning By-law and is setback 15.8 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 addition is located at the rear of the existing dwelling and is set back 31.3m from the water. The building location minimizes the amount of site disturbance and the amount of vegetation removal that would be required as the proposed addition is located towards the rear of the dwelling in an already cleared area. The proposed addition results in lot coverage being slightly increased from 1.0% to 1.3% for the primary dwelling. The existing dwelling is a one storey structure and the proposed addition will also be one storey. The building height will not be increasing as the roof of the addition will be below the roof line of the existing dwelling. The proposed addition will not result in any negative visual impacts as it is located behind the existing structure. Maintaining existing vegetation along www.southfrontenac.net Page 351 of 355 South Frontenac is a welcoming and thriving rural community.
Township of South Frontenac Staff Report PL-ZNA-2024-0121, Parker (Tyson Myers), 191 Burns Lane North, Bedford District
the shoreline will assist in screening the development from the water and adjacent properties. Conclusion It is the opinion of staff that it is appropriate for the Committee of Adjustment to grant permission to expand the legal non-conforming dwelling on the property, as described in this report. Notice/Consultation Notice of the Statutory Public Hearing was given pursuant to the requirements of the Planning Act, at least 10 days in advance of the Public Hearing. This included notice given: • • •
by mail to every owner of land within 60 metres of the subject lands by posting notice signs on the subject lands by e-mail to prescribed persons and public bodies
Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve application PL-ZNA-2024-0121 for 191 Burns Lane North, subject to the following conditions.
- Permission is granted to enlarge the legal non-conforming dwelling on the subject property. The enlarged dwelling is permitted to have 155.6sqm plus the existing deck. The location of the addition is to be consistent with the submitted plans that will be attached to the Decision as Schedule “A”.
- The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated. b. Roof runoff will be directed away from the lake and discharged to natural or constructed leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads to reduce the velocity of runoff. c. That existing natural vegetation within 30 metres of the shoreline must be maintained.
- A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac. www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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Township of South Frontenac Staff Report PL-ZNA-2024-0121, Parker (Tyson Myers), 191 Burns Lane North, Bedford District
Report Prepared By: Tom Fehr, RPP MCIP, Planner Report Reviewed By: Christine Woods, RPP MCIP, Manager of Planning
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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To:
Committee of Adjustment
From:
Development Services Department
Report Date:
November 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-2024-0097 (Labbett) – Portland District This undisputed consent was granted provisional consent on October 18, 2024. The purpose of the application was for the creation of one new rural residential lot from property at 5743 Hinchinbrooke Road. The severed parcel will be approximately 8.5 hectares in area with 640m of frontage on Hinchinbrooke Road and 400 m of frontage on Little Mud Lake. The severed lands are developed with a dwelling and accessory structures. The retained lot will be approximately 15ha in area with approximately 330m of frontage on Hinchinbrooke Road and approximately 275m of frontage on Little Mud Lake .
Appendix A – Mapping of application(s) Report Prepared By: Kate Kaestner, Planning Clerk Report Approved By: Brad Wright, Director of Development Services
www.southfrontenac.net South Frontenac is a welcoming and thriving rural community.
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Township of South Frontenac Staff Report – Decisions on Delegated Consents
APPENDIX A
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