Published September 14, 2023

Word Count 39534 words

Reading Time 186 min read

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

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

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

Call to Order

Resolution.

Adoption of Agenda

Resolution.

Electronic Meeting Information

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

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

Declaration of pecuniary interest

Declaration.

Approval of Minutes – August 10, 2023

Resolution.

Consent Applications from a Previous Meetings: (if applicable)

PL-BDJ-2022-0155 (Snider) - Loughborough

4 - 80

81 - 87

88 109

Property Address: 4617 Bedford Road Purpose and Effect of the Application: The applicant is requesting consent for the creation of a new lot on Bedford Road. The proposed severed lot will be 1.7 acres (0.7 hectares) with a frontage of 146 metres (479 feet) along Bedford Road. The retained lot will be 2 acres (0.8 hectares) with 94 metres (310 feet) of frontage on Bedford Road. The proposed use for the severed lot is residential.

Page 1 of 249

New Consent Applications:

PL-BDJ-2023-0075 (Morin) (Rodriguez) - Portland

110 131

Property Address: 3361 Scanlan Road Purpose and Effect of the Application: The application seeks to create one new rural residential lot. The severed parcel is approximately 2.4ha (6 acres) with 56.7m (186ft) of frontage on Scanlan Road. The retained lot is approximately 0.9ha (2.2 acres) with 56.7m (186ft) of frontage on Scanlan Road. The severed lands contain a storage building and the retained lands contain a single detached dwelling and accessory buildings. 8.

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

There are none.

New Minor Variance / Permission Applications:

PL-ZNA-2022-0161 (Wilson) - Portland

132 156

Property Address: 2073 Hambly Lane Purpose & Effect of the Application: The applicant seeks to construct a two storey single detached dwelling and a septic system on the property. The dwelling will have a ground floor area of 90.4sqm and a gross floor area of 180.8sqm. No deck is proposed with the application. Minor variances are being requested to allow the dwelling and septic system to be set back less than 30m from the highwater mark. The single detached dwelling will be set back 22.5m from the highwater mark and the septic system will be set back 27m from the high water mark. b)

PL-ZNA-2023-0076 (Morin) (Roriguez) - Portland

157 174

Property Address: 3361 Scanlan Road Purpose and Effect of the Application:

The minor variance application is related to consent application PL-BDJ-2022-0075. The application is requesting minor variances to recognize the reduced lot frontage of the severed and retained lots which are both to be 56.7m whereas 76m is required in the RU zone. The application is also requesting a minor variance to permit the 3m setback of the existing storage building on the severed lot from the new interior lot line. c)

PL-ZNA-2023-0084 (Burns) - Storrington

175 196

Property Address: 1367B Burnt Hills Road Purpose and Effect of the Application: The applicant is proposing to construct a 273sqm (2938.5sqft) single detached dwelling and sewage system. The proposed single detached dwelling requires zoning relief in order to be located 6m

Page 2 of 249

from the top of bank and 15m from the highwater mark of Dog Lake. Relief is also required to permit up to 6% lot coverage. Finally, the proposed sewage system requires zoning relief to be setback 27m from the highwater mark of Dog Lake.

PL-ZNA-2023-0085 (Wheeler) - Loughborough

197 229

Property Address: 1006 Mini Lane Purpose and Effect of the Application: The applicant is proposing to construct a 53.5sqm (576sqft) detached garage on the subject property. The proposed detached garage will be 6.5m (21.33ft) in height and will occupy space off the existing driveway, near the rear lot line of the subject property. The proposed detached garage requires zoning relief to be located 26.2m (86ft) from the highwater mark of Buck Lake, 10m (33ft) from the top of bank, and 2m (6.5) from the rear lot line. e)

PL-ZNA-2023-0094 (Morgan) - Storrington

230 247

Property Address: 2735 Round Lake Road Purpose and Effect of the Application: The applicant is proposing to construct a 26sqm (280sqft) shed on the subject property. The proposal would result in the lot coverage of all accessory structures (0.19%) to be above that of the principal building (0.11%). 10.

Other Business

Consent Granting Authority Report

Adjournment

Resolution.

248 249

Page 3 of 249

Committee of Adjustment Meeting Page 4 of 249

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

Welcome to the Virtual Meeting for the Committee of Adjustment

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

Township Staff

• Alan Revill

• Kate Kaestner (Planning Clerk/SecretaryTreasurer)

• Brett Moreland • Doug Morey • Kevin Fox • Mike Howe • Norm Roberts Page 5 of 249

• Randy Ruttan • Steven Pegrum

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

Call to Order Adoption of Agenda

Page 6 of 249

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

Meeting Information Format for Each Hearing

The Chair will introduce the file
The Planner will provide an overview of the application
The Planner will make a recommendation on the application
Questions or comments from the Applicant / Agent / Members of the Public
Committee deliberation and vote
The Chair will state whether the vote was carried Page 7 of 249

After the Meeting • Township staff will be in contact with the applicant following the meeting. Where a decision has been made, it will be forwarded to the applicant and anyone who has requested to be notified within 15 days. • The applicant, the Minister or a specified person or public body in as defined by the Planning Act subsection 1(1) may appeal the decision to the Ontario Land Tribunal. The appeal must be filed with the SecretaryTreasurer of the Committee of Adjustment within 20 days of the notice of decision. The notice of appeal must set out the reasons for the appeal and be accompanied by the fee required by the Tribunal. Page 8 of 249

• If you have any questions after the meeting, please reach out to staff.

How to Speak to an Application • The Chair of the meeting will open the floor to public comments • Click “Raise Hand” button to request to speak or dial *9 (star nine) when participating by telephone • The Chair will recognize a member of the public, and the Meeting Host will unmute the member of the public • Once the member of the public is done speaking or the Committee has no further questions, the Meeting Host will mute their microphone • If a member of the public attending in person wishes to speak, we ask that they raise their hand, wait to be called on and clearly state their name for the record. Page 9 of 249

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.

Page 10 of 249

Declaration of Pecuniary Interests Approval of Minutes of Previous Meeting

Page 11 of 249

Consent Applications from Previous Meetings

Page 12 of 249

Application PL-BDJ-2022-0155 Consent to Sever

Applicant: Lynn and Elaine Snider Property: 4617 Bedford Road Public Meeting Held June 8, 2023

Page 13 of 249

Property Description • 1.5 ha (3.7 ac) • Dwelling • Rural designation • RU zone

Page 14 of 249

Proposal • Create one new residential lot • Severed parcel • 0.7 ha (1.7 acres) • 146m frontage • Vacant

• Retained parcel

• 0.8 ha (2 acres) • 76m frontage • Existing dwelling

Page 15 of 249

Page 16 of 249

Department, Agency and Public Comments • Public Services • An entrance would need to be located at southwest corner

• Building Services • Not supportive of proposed property line crossing mantle of existing sewage system • Severed parcel would have a suitable location for the installation of a sewage system

• Public Comments Page 17 of 249

• Two individuals asked questions about the application related to the form of residence, access, sewage system location and source of potable water supply

Planning Analysis

Page 18 of 249

• Does not conform to Township Official Plan • Does not comply with Zoning By-law • Does not satisfy requirements of section 51(24) of Planning Act • Residential lot creation permitted in Rural areas • Severed and retained parcels would have sufficient road frontage • Severed parcel would have deficient lot area (0.7 ha instead of 0.8 ha) • No hydrogeological assessment and terrain analysis required/prepared • Municipal water cannot be extended to severed parcel • Narrow V-shaped lot with awkward development envelope • Existing sewage system would need to be moved to make property line work

Recommendation • Staff recommend denial of the application

Page 19 of 249

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

Page 20 of 249

PL-BDJ-2022-0155 Committee Deliberation and Vote

Page 21 of 249

New Consent Applications

Page 22 of 249

Consent PL-BDJ-2023-0075 Minor Variance PL-ZNA-2023-0076 Applicant: Josh Rodriguez Location: 3361 Scanlan Road

Page 23 of 249

Property Location • 3361 Scanlan Road, District of Portland • Rural designation • Zoned (RU)

Subject property

Page 24 of 249

Proposal • Create one new rural residential lot • Severed Parcel • 2.4ha (6 acres) • 56.7m (186 feet) frontage • Contains existing storage building

Page 25 of 249

• Retained Parcel • 0.9ha (2.2 acres) • 56.7m (186 feet) frontage • Contains single detached dwelling

Proposal • Minor variances: • Reduce lot frontage from 76m to 56.7m for both severed and retained lots • Reduce side yard setback from 10m to 3m for existing building on severed lands

Page 26 of 249

Page 27 of 249

Page 28 of 249

Towards subject property from Scanlan Road in area of proposed new lot line

Looking west along Scanlan Road from driveway of severed parcel

Page 29 of 249

Storage building on severed lands

Towards single detached dwelling on retained lands

Department, Agency and Public Comments • Building Services – Cannot support application due to new interior lot line running through mantle of septic system on retained lands. • Public Services – No objection • Public Comment – None received

Page 30 of 249

Analysis • Due to the proposed lot line running through the mantle on the retained lands staff are recommending deferral of the applications for the applicant to consider options. • The application as proposed brings existing system into noncompliance with OBC. • Options to address the situation include:

Page 31 of 249

• Approve application as submitted, with condition to remove existing septic and install new system. • Retain existing septic system and adjust proposed property line. • Remove storage building for better alignment of proposed property line.

Recommendation • Deferral

Page 32 of 249

Page 33 of 249

PL-BDJ-2023-0075 PL-ZNA-2023-0076 Committee Deliberation and Vote

Page 34 of 249

Minor Variance / Permission to Enlarge Legal Non-Conforming Use Applications Carried Over from Previous Meeting

Page 35 of 249

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

Page 36 of 249

Application PL-ZNA-2022-0161 Minor Variance

Applicant: Derek and Michelle Wilson Property: 2073 Hambly Lane

Page 37 of 249

Property Description

Page 38 of 249

• 0.18ha lot area • 28m frontage on Hambly Lake • Terrain: property gradually slopes from northeast to southwest. Primarily treed. • Currently vacant • Rural • RLSW zone

Proposal • A 90.4sqm two-storey single detached dwelling (180.8sqm gross floor area): • Setback a minimum of 22m from the highwater mark of Hambly Lake

• A new sewage system • Tertiary treatment system • Setback a minimum of 27m from the highwater mark of Hambly Lake Page 39 of 249

• Lot coverage 4.9%

Page 40 of 249

Page 41 of 249

Entrance to property from road

Shoreline area

Towards water from area of development

Towards area of development from waterfront

Page 42 of 249

Department, Agency and Public Comments • Quinte Conservation – No objection • Public Comments – none received to date

Page 43 of 249

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 44 of 249

Recommendation • Approval • Pending any comments received • Subject to conditions • The application is approved in accordance with submitted drawings • Owner is required to enter into a Development Agreement • Building permit is required for ALL demolition and construction on the property Page 45 of 249

Page 46 of 249

PL-ZNA-2022-0161 Committee Deliberation and Vote

Page 47 of 249

Application PL-ZNA-2023-0084 Minor Variance

Applicant: Burt Burns Property: 1367B Burnt Hills Road

Page 48 of 249

Property Description

Page 49 of 249

• 0.51Ha lot area • Frontage on Dog Lake • Existing Licensed Trailer (By-law 200493), detached garage, gazebo & shed • Topography: Low-lying on north half, slopes upwards towards the middle, steep shoreline on south half; Granite outcropping on west side of property • Right-of-way extending along part of western lot line • Rural Designation • RLSW Zone

Proposal

Page 50 of 249

• 273 sqm (2938.5sqft) single detached dwelling with attached garage • 6.7m (22ft) in height, with below-grade unfinished basement • Seeking relief from Zoning By-law to permit: • 6m setback from the top of bank • 15m setback from the highwater mark of Dog Lake • Up to 6% lot coverage • Sewage system to be 27m from the highwater mark of Dog Lake

Proposed Site Plan

Page 51 of 249

Conceptual Drawings (Facing North; Facing South)

Conceptual Drawings (Facing East; Facing West)

Page 52 of 249

Main Floor Plans

Page 53 of 249

Proposed Location (facing northwest)

Southeast corner of proposed dwelling (Showing proximity to top of bank & Shoreline)

Location of proposed garage entrance (Existing ROW to the rear)

Existing Granite outcrop (SW corner stake highlighted in red)

Page 54 of 249

Department, Agency and Public Comments • Rideau Waterway Development Review Team – No objection

• Based on consideration for natural hazard, natural heritage and cultural heritage policies • A permit from Cataraqui Conservation would be required under O. Reg. 148/06

• Building Services – No objection

• Selected area for a sewage system was appropriate and could accommodate the installation of a Class 4 sewage system

Page 55 of 249

• Public Comment – No public comments received at the time of preparing this presentation

Planning Analysis

Proposed variance to permit a 15m setback from the highwater mark of Dog Lake does not meet the four tests of a minor variance:

Does not maintain the general intent and purpose of the Township of South Frontenac Official Plan
Does not maintain the general intent and purpose of Zoning By-law No. 2003-75
Is not desirable for the appropriate development of the lands in question
Is not minor Page 56 of 249

Recommendation • Deny • Pending any comments received • Township Planning staff are of the opinion that the proposal, as presented, does not maximize the setback from the highwater mark of Dog Lake.

Page 57 of 249

Page 58 of 249

PL-ZNA-2023-0084 Committee Deliberation and Vote

Page 59 of 249

Application PL-ZNA-2023-0085 Minor Variance

Applicant: Brian Wheeler Property: 1006 Mini Lane

Page 60 of 249

Property Description

Page 61 of 249

• 0.38Ha lot area • Frontage on Sawmill Lane, Mini Lane and Buck Lake • Existing single dwelling (130.1sqm) • 2 detached accessory structures (7.4sqm each) • Topography: Highpoint in SW corner, level in the middle, slopes downwards towards shoreline • Rural Designation • RLSW Zone

Proposal • 53.5sqm (576sqft) detached garage • Seeking relief from Zoning By-law to permit: • 10m setback from the top of bank • 26.2m setback from the highwater mark of Buck Lake • 2m setback from the rear lot line • Proposal complies with all other requirements of the Zoning By-law Page 62 of 249

Proposed Site Plan

Page 63 of 249

Proposed Location (facing east)

Page 64 of 249

Proposed Location (facing south)

Area adjacent to proposed location (Facing Southwest)

Department, Agency and Public Comments • Cataraqui Conservation – No objection

• A permit from Cataraqui Conservation would be required under O. Reg. 148/06

• Public Comment – Supportive comments received from abutting property owner

Page 65 of 249

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 66 of 249

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

• Location is generally consistent with sketch submitted by the applicant • Development agreement registered on the title of the property • Erosion Control • Runoff • Maintenance of natural vegetated buffer with 30m of the shoreline

Page 67 of 249

• Building permit for the proposed structure • Only applicable to Zoning By-law No. 2003-75

Page 68 of 249

PL-ZNA-2023-0085 Committee Deliberation and Vote

Page 69 of 249

Application PL-ZNA-2023-0094 Minor Variance

Applicant: Kenneth Morgan Property: 2735 Round Lake Road

Page 70 of 249

Property Description • 9.57Ha lot area • Frontage on Round Lake Road • Existing single dwelling w/ attached deck (108.5sqm) • 2 detached accessory structures (84.9sqm & 71.3sqm) • Development concentrated to area near Round Lake Road • Rural Designation • RU Zone Page 71 of 249

Proposal • 26sqm (280sqft) storage shed • Seeking relief from Zoning By-law to permit: • The lot coverage of all accessory buildings and structures (0.19%) to exceed the lot coverage of the existing principal building. • Proposal complies with all other requirements of the Zoning By-law Page 72 of 249

Proposed Site Plan

Page 73 of 249

Approximate Location of proposed shed (facing south)

Driveway extending from Round Lake Road (Note the change in elevation relative to the travelled roadway)

Department, Agency and Public Comments • Conservation Authority, Building Services and Public Services were not circulated due to the nature of the application. • Public Comment – None received at the time of preparing this presentation

Page 74 of 249

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 75 of 249

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

• Future accessory structures require zoning relief • Building permit for the proposed structure • Only applicable to Zoning By-law No. 2003-75

Page 76 of 249

Page 77 of 249

PL-ZNA-2023-0094 Committee Deliberation and Vote

Page 78 of 249

Consent Granting Authority Report • PL-BDJ-2023-0061 (Harbison) (Searles) - Storrington • Creation of one new residential lot • 7.6 hectares in area • Fronting on Brewer Lake Road and Sunbury Road • PL-BDJ-2023-0061 (Hutcheson) - Portland • Creation of one new residential lot • 4.5 hectares in area • Fronting on Leveque Road

Page 79 of 249

• PL-BDJ-2023-0061 (Robinson) - Bedford • Creation of one new residential lot • 1 hectare in area • Fronting on Old Thirteen Island Lake Road

Adjournment

Page 80 of 249

Minutes of Committee Of Adjustment August, 10, 2023

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

Call to Order

Resolution. Resolution No. 2023-07-01 Moved by: Norm Roberts Seconded by: Kevin Fox That the August 10th, 2023 Township of South Frontenac Committee of Adjustment meeting is called to order at 7:01 p.m.

Adoption of Agenda

Resolution.

Carried

Resolution No. 2023-07-02 Moved by: Kevin Fox Seconded by: Norm Roberts That the Committee of Adjustment adopts the Agenda for the August 20th, 2023 Committee of Adjustment meeting. Carried 3

Electronic Meeting Information

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

Page 81 of 249

Minutes of Committee Of Adjustment August, 10, 2023 b)

Declaration of pecuniary interest

None Declared.

Approval of Minutes – July 13, 2023

Resolution. Resolution No. 2023-07-03 Moved by: Norm Roberts Seconded by: Kevin Fox That the Committee of Adjustment approves the minutes of the July 13th, 2023 Committee of Adjustment meeting. Carried

Consent Applications from a Previous Meetings: (if applicable)

There are none.

New Consent Applications:

There are none.

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

PL-ZNA-2023-0046 (Sheridan) Property Address: 144 Timmerman Road (Bedford District) Purpose and Effect of the Application: The applicant is proposing to construct a new 102.9 square metre (1108 square feet) detached garage/quilt room on the subject property. The proposed accessory structure is to be setback 6.1 metres (20 feet) from the front lot line. Noah Perron, Planner, delivered his presentation to the Committee with a staff recommendation that the application be Deferred. Chair Ruttan inquired as to whether the Applicant, Agent or members of the public wished to speak to the application. (None heard) Chair Ruttan inquired a 2nd time as to whether the Applicant, Agent or members of the public wished to speak to the application. Sandra Frost, adjacent neighbour to the Applicant inquired as to whether the entire subject property would be re-surveyed. Mr. Perron stated that he had spoken with the applicant and it was strongly recommended that he have an Ontario Land Surveyor confirm all property line boundaries as well as have them prepare a sketch of the proposed garage location. Chair Ruttan inquired a 3rd and final time as to whether the Applicant, Agent or members of the public wished to speak to the application. (None heard).

Page 82 of 249

Minutes of Committee Of Adjustment August, 10, 2023 Chair Ruttan inquired as to whether the Committee Members had any questions or comments regarding the application. (None heard). Point of Order: Norm Roberts wished to add to the record that the reason he was exempt from voting on this application was due to being absent at the Committee of Adjustment meeting at which the application was originally presented, being the June 8, 2023 meeting. Resolution No. 2023-07-04 Moved by: Kevin Fox Seconded by: Brett Moreland That the Committee of Adjustment defers Minor Variance application PL-ZNA2023-0046 for property municipally known as 144 Timmerman Road to allow the applicant time to have the lands surveyed by an Ontario Land Surveyor, and to submit a new sketch which accurately depicts the proposed location of the structure. Carried 9

New Minor Variance / Permission Applications:

PL-ZNA-2023-0062 (Roach) Property Address: Linea Drive (Storrington District) Purpose and Effect of the Application: The applicant seeks to permit a single detached dwelling to establish a minimum 10 metre front yard setback, whereas the R-10 zone requires a minimum 20 metre front yard setback. Michael Kelly, Planning Intern, delivered his report to the Committee. Chair Ruttan inquired (3 times) as to whether the Applicant, Agent or members of the public wished to speak to the application. (None heard). Chair Ruttan inquired as to whether any Members of the Committee wished to speak to the application. (None heard). Resolution No. 2023-07-05 Moved by: Norm Roberts Seconded by: Kevin Fox That the Committee of Adjustment approves Minor Variance application PL-ZNA2023-0062 for property on Linea Drive to permit a single detached dwelling to establish a minimum front yard setback of 10 metres, subject to conditions. Carried

PL-ZNA-2023-0063 (Duncan) Property Address: 421 Stafford Lane (Storrington District) Purpose and Effect of the Application:

Page 83 of 249

Minutes of Committee Of Adjustment August, 10, 2023 The applicant seeks zoning relief to permit a seasonal dwelling to be erected 24 metres from the highwater mark of Little Cranberry Lake, whereas the Zoning By-law requires a minimum 30 metre setback from the highwater mark. Michael Kelly, Planning Intern, delivered his report to the Committee with the recommendation of Approval. Chair Ruttan inquired (3 times) as to whether the Applicant, Agent or members of the public wished to speak to the application. (None heard). Chair Ruttan inquired as to whether any Members of the Committee wished to speak to the application. Alan Revill expressed his support of the application and stated that the proposal was the best balance between the highwater and lane setbacks. Chair Ruttan reiterated Mr. Revill’s comments and expressed his support for the application. Chair Ruttan inquired as to whether any other Members wished to comment on the application (none heard). Resolution No. 2023-07-06 Moved by: Brett Moreland Seconded by: Doug Morey That the Committee of Adjustment approves Minor Variance application PL-ZNA2023-0063 for property municipally known as 421 Stafford Lane to permit a seasonal dwelling to be constructed 24 metres from the highwater mark of Little Cranberry Lake, subject to conditions. Carried c)

PL-ZNA-2023-0064 (Cain) Property Address: 8270 Perth Road (Bedford District) Purpose and Effect of the Application: The applicant seeks to permit an accessory structure in the Waterfront Residential Zone to be setback less than 20m from the front lot line. The applicant is proposing to construct a 66.3sqm (713.6sqft) detached garage, setback 12.1m from the front lot line. Noah Perron, Planner delivers his report to the Committee with a recommendation of Approval. Chair Ruttan inquired as to whether there were any comments from the Applicant, their Agent or the public regarding the application. Leonard Carr, neighbour, voiced his support for the application. Chair Ruttan inquired (2 more times) as to whether there were any comments from the Applicant, their Agent or the public regarding the application. (None heard).

Page 84 of 249

Minutes of Committee Of Adjustment August, 10, 2023 Chair Ruttan asked whether any Committee Members wished to comment on the application. (None heard). Resolution No. 2023-07-07 Moved by: Brett Moreland Seconded by: Doug Morey That the Committee of Adjustment approves Minor Variance Application PL-ZNA2023-0064 for property municipally known as 8270 Perth Road to permit an accessory structure to be setback 12.1 metres from the front lot line, subject to conditions. Carried d)

PL-ZNA-2023-0083 (Cain) Property Address: 8270 Perth Road (Bedford District) Purpose and Effect of the Application: The applicant seeks relief from Zoning By-law No. 2003-75 to permit an art studio/storage shed to be setback less than 15m from the top of bank, and less than 30m from the highwater mark of a waterbody. The structure was built without receiving the required planning and building approvals. Noah Perron, Planner, delivered his report to the Committee with a staff recommendation of Approval Chair Ruttan inquired (3 times) as to whether there were any comments from the Applicant, their Agent or members of the public. (None heard). Chair Ruttan inquired as to whether there were any questions or comments from Committee Members with respect to the application. Alan Revill expressed that he has visited the subject property and that the property owner has already moved the structure further away from the top of bank, and as such he was comfortable with the application being approved. Doug Morey inquired as to the chances or likelihood of this owner or a future owner changing the use of the accessory structure to a sleeping cabin, granny suite, or a short-term rental. Christine Woods, Senior Planner, reminded the Committee that the Variance being requested related only to the location of the structure, not how the structure is to be used. Mr. Morey stated that through the Committee as well as through Council, he is seeing more and more changes to the uses of accessory structures, and as such future uses should be considered. Mr. Revill stated that he does note that the specific size of the structure is included in the application and as such, they would not be able to increase the size of the structure to accommodate another use without further permission from the Township. Chair Ruttan further clarified that the Committee is not in a position to dictate the use of the proposed structure(s), and acknowledged that through Council, they are dealing with the concern of short-term rentals.

Page 85 of 249

Minutes of Committee Of Adjustment August, 10, 2023 Resolution No. 2023-07-08 Moved by: Mike Howe Seconded by: Alan Revill That the Committee of Adjustment approves Minor Variance application PL-ZNA2023-0083 for property municipally known as 8270 Perth Road to permit an accessory structure, being an art studio and storage shed to be setback a minimum of 7 metres from the top of bank and 17 metres from the highwater mark of Pollywog Lake, subject to conditions. Carried e)

PL-ZNA-2023-0074 (Reitzel) Property Address: 131A West Shore Lane (Bedford District) Purpose and Effect of the Application: The applicant seeks permission under section 45(2) of the Planning Act to enlarge a legal non-complying dwelling on the property within 30 metres of the highwater mark of White Lake. Noah Perron, Planner, delivered his presentation to the Committee with a staff recommendation of approval. Chair Ruttan inquired (3 times) as to whether the Applicant, Agent or members of the public wished to speak to the application. (None heard). Chair Ruttan inquired as to whether any Members of the Committee wished to speak to the application (None heard). Resolution No. 2023-07-09 Moved by: Alan Revill Seconded by : Mike Howe That Application PL-ZNA-2023-0074 for property municipally known as 131A West Shore Lane is approved to grant permission to enlarge a legal nonconforming dwelling on the subject property within 30 metres of the highwater mark of White Lake, subject to conditions. Carried

PL-ZNA-2023-0087 (McCreary) Property Address: 42 Woodside Lane (Bedford District) Purpose and Effect of the Application: The applicant seeks permission under section 45(2) of the Planning Act to enlarge a legal non-conforming dwelling on the property within 30 metres of the highwater mark of Thirty Island Lake. Noah Perron, Planner, delivered his report to the Committee with a staff recommendation of approval.

Page 86 of 249

Minutes of Committee Of Adjustment August, 10, 2023 Chair Ruttan inquired (3 times) as to whether the Applicant, Agent or members of the public wished to speak to the application. (None heard). Chair Ruttan inquired as to whether any Members of the Committee wished to speak to the application. Resolution No. 2023-07-010 Moved by: Mike Howe Seconded by: Alan Revill That Application PL-ZNA-2023-0087 for property municipally known as 42 Woodside Lane, is approved to grant permission to enlarge a legal nonconforming dwelling on the subject property within 30 metres of the highwater mark of Thirty Island Lake, subject to conditions. Carried 10

Other Business

There is none.

Adjournment

Resolution. Resolution No. 2023-07-011 Moved by: Alan Revill Seconded by: Mike Howe That the August 10th, 2023 meeting of the Township of South Frontenac Committee of Adjustment is hereby adjourned at 7:54 p.m., to reconvene on Thursday, September 14th, 2023 at 7:00 pm or at the call of the Chair. Carried

Randy Ruttan, Chair

Page 87 of 249

Page 88 of 249

Page 89 of 249

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costs by

application application

Owner/Applicant further agrees to the provide Municipality. upon request and in has been appealed to the Land Ontario with a deposit Tribunal, (over and fee). from which the Municipality may, from time time to charge fees any incurred by the Municipality to for prepare and the participate in hearing. If such exceed the the deposit. Owner/Applicant shall the pay difference forthwith upon bei municipality, with interest the at rate of 1 .25% per month (15% per on annum) accountsng than 30 days.

The

Vvithout the limiting foregoing, fees and charges incurred costs and expenses arising the requested by applicant, decision any of the Council, designated approval authority,

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

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Page 98 of 249

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Page 99 of 249

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Page 100 of 249

Page 101 of 249

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Richard and Lorraine Lobb

Subject to satisfactory responses to these questions and any that might arise from these responses we do not anticipate objection to this application.

d) Source of Potable water supply.

c) What form of Septic System is being considered and where.

b) How would the property be accessed.

a) What form of residence is being considered. eg.Family or AirB&B for example.

There are however some questions that we would raise regarding the Application.

My wife Lorraine and I have no fundamental objection to the above noted Consent Application.

Dear Ms. Hannah,

Ref. PL-BDJ-2022-01 55

KOH 2T0

Ms.M.Hannah, Committee of Adjustment, Township of South Frontenac, 4432 George St. Sydenham, ON.

December 14”‘.2022

Report from Public Services PL-BDJ-2022-0155 Application Number: ___________________________________________________ Elaine & Lynn Snider Applicant’s Name: _____________________________________________________ 5 5 Loughborough Concession: _________________ Lot: _______________District:

Bedford Road Road: ________________________________________________________________ Road Maintenance:

✔ Year-round □

Seasonal □

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

✔ Yes □

No □

If no, what changes would be required to improve sight lines?

Road Conditions:

Are there any special drainage/ditching concerns related to creation of new lot(s)? ✔ Yes □ No □ If yes, what action is the applicant required to take?
Is the overall road condition adequate to serve increased development/traffic? ✔ Yes □ No □ If no, please explain, and indicate if there are any measures that could be taken to correct the inadequacies.

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

Signature on behalf of Public Services

2022-12-08

Date

Page 102 of 249

Map Title

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Page 103 of 249

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Notes Notes

Page 104 of 249

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

Consent to Sever

Type of Application or Proposal:

Comments:

Locauom

The Building Department cannot support the proposed severance. The proposed property lines run through the mantle loading area of the existing sewage system on the retained parcel.

4617 Bedford Road Township of South Frontenac (Loughborough)

Snider, Elaine

PL—BDJ—2022—01 55

Planning Department Township of South Frontenac 4432 George St, Box 100 Sydenham, ON KOH2T0

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To:

SEWAGE SYSTEM REVIEWCOMMENTS

Applicant Name(s):

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

Consent Application PL-BDJ-2022-0155, Elaine and Lynn Snider, 4617 Bedford Road, Loughborough District

Summary This application is for the creation of a new residential lot. This report recommends denial of the application as it does not conform to the Township of South Frontenac Official Plan and it does not comply with Zoning By-law No. 2003-75. Specifically, the severed parcel would be deficient in lot area and would not be a satisfactory geometric design.

Background Designation and Zoning The subject property is designated Rural and is zoned Rural (RU). Proposed Lot Configurations Severed Parcel

Retained Parcel

Area (ha)

0.7

0.8

Frontage on Bedford Road (m)

146

Related Applications The subject property is not subject to any other applications under the Planning Act. History The Committee of Adjustment held a public meeting for the subject application on June 8, 2023. The Committee deferred making a decision on the application to allow the applicant time to more accurately establish the proposed property lines, and to provide more detailed

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

Page 105 of 249

Township of South Frontenac Staff Report - Consent Application PL-BDJ-2022-0155, Elaine and Lynn Snider, 4617 Bedford Road, Loughborough District

information with respect to septic location. The applicant then provided the Township a severance sketch prepared by an Ontario Land Surveyor. Review This application: X

Does not conform to section 51(24) of the Planning Act;



Does not require a plan of subdivision for the proper and orderly development of the municipality (s. 53(1) Planning Act);



Is consistent with the Provincial Policy Statement (s. 3(5) Planning Act);



Conforms to the County of Frontenac Official Plan (s. 3.3 & 7.1);

Does not conform to the Township of South Frontenac Official Plan (s. 5.7.4 & 7.1);

Does not comply with Zoning By-law No. 2003-75; and



Has no unresolved objections/concerns raised from agencies or the public.

Property Description The subject property is located off Bedford Road just outside the Sydenham Settlement Area. The property is 1.5 hectares in size and pie-shaped. The property contains a single detached dwelling, pool and sewage system that are in the centre of the property. The frontage of the property generally consists of a rock cut. Department and Agency Comments Public Services provided comments on December 2022. It was noted that there are adequate sight lines for an entrance for the severed parcel. The entrance would need to be located at the southwest corner of the severed parcel. There are no special drainage/ditching concerns, and the overall road condition is adequate to serve increased development. Road widening is to be determined by an Ontario Land Surveyor. A 30-metre standard right-of-way is required on Bedford Road since it is an arterial road. Any shortfall of the right-of-way as measured 15 metres from the centreline of the road shall be dedicated for the severed lots. Public Services have no objection to the approval of the consent application. Building Services indicated in December 2022 that they cannot support the application as the proposed property line runs through the mantle loading area of the existing sewage system for the dwelling on the retained parcel. Building Services did confirm that the

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

Page 106 of 249

Township of South Frontenac Staff Report - Consent Application PL-BDJ-2022-0155, Elaine and Lynn Snider, 4617 Bedford Road, Loughborough District

proposed severed parcel would provide flexibility in siting a sewage system dependant on the proposal submitted through an application to construct a sewage system. The applicant responded in May that they would move the existing sewage system to a compliant location on the retained parcel if the application is approved by the Committee of Adjustment. This action would need to be ensured through a condition of approval. Public Comments Two individuals asked questions about the application related to the form of residence, access, sewage system location and source of potable water supply. Township staff provided responses to their questions. The individuals then indicated that they had no objection to the application. Planning Analysis The Provincial Policy Statement 2020 (PPS) allows growth and development to be directed to rural lands, including residential lot creation that is locally appropriate. The County Official Plan and the Township Official Plan also permit residential development in the Rural designation. Section 5.7.4 of the Township Official Plan indicates that a maximum of three rural residential lots may be created by consent from a landholding provided that the new lots meet the General Consent Policies, as well as all other applicable policies. The subject property is eligible for severances under Section 5.7.4, as there have been no previous severances from the subject property since the adoption of the Township Official Plan in September of 2000. However, the property does not meet all other applicable policies. Section 5.7.4 requires the frontage, size and shape of any lot created for rural residential purposes through the severance approval process to be appropriate for the proposed use and to conform to the provisions of the zoning by-law. The frontage of the severed parcel and the retained parcel would exceed the minimum 76 metres required on a public road. The severed parcel would be 0.7 hectares in size, which is less than the minimum 0.8 hectares required by the Official Plan and by the Zoning By-law. The Provincial D-5-4 Guidelines on Individual On-Site Sewage Systems and Water Quality Impact Risk Assessment specify that developments consisting of lots which average one hectare (with no lot being smaller than 0.8 hectares), may not require a detailed hydrogeological assessment, provided that it can be demonstrated that the area is not hydrogeologically sensitive. Based on this guidance, the Township Official Plan requires a minimum 0.8 hectare lot size for consent applications so that applicants don’t need to complete this study. Lots less than 0.8 hectares in size are generally only considered www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 107 of 249

Township of South Frontenac Staff Report - Consent Application PL-BDJ-2022-0155, Elaine and Lynn Snider, 4617 Bedford Road, Loughborough District

through a plan of subdivision in which the lot areas are supported by a hydrogeological assessment and terrain analysis that demonstrates that there would be no adverse impacts to groundwater quality and quantity within the subdivision and for existing adjacent development. The proposed 0.7 hectare size of the severed parcel is close to 0.8 hectares. However, the existing dwelling (which would be on the retained parcel) is in the centre of the property, resulting in a severed parcel that would be a narrow V-shape, which would not be a satisfactory geometric design as required by Section 7.1(d). The lot configuration would result in an awkward development envelope on the severed parcel. The latest severance sketch provided by the applicant shows that the property line between the severed and retained parcels would run through the mantle area of the existing sewage system, requiring the system to be moved. The severance sketch illustrates a proposed new sewage system location in a compliant location. Private wells and sewage systems are the only servicing option outside of the Village of Sydenham. The subject property lies just outside Sydenham and the area serviced by the municipal water system. The PPS only allows the extension of partial services (e.g. municipal water and private sewage system) into rural areas to address failed individual onsite sewage and individual on-site water services for existing development. The severed parcel would be new development. Therefore, the severed parcel cannot be connected to the municipal water system with the intention of supporting a smaller lot size. It is the opinion of staff that it would not be appropriate to consider a reduction to the minimum lot size requirement, as allowed by section 5.7.4(ii)(a), as the overall intent of the Official Plan is not maintained. Conclusion Staff recommend that the Committee of Adjustment deny this application. The less than 0.8 hectare lot area does not conform to the Township Official Plan nor does it comply with the Zoning By-law. The severed parcel also would not satisfy the requirements of section 51(24) of the Planning Act. Specifically, regarding (c) conformity to the Official Plan, (d) the suitability of the land for the purposes for which it is to be subdivided, and (f) the dimensions and shapes of the proposed lot. Should the Committee of Adjustment choose to grant consent for a new lot with a lot area less than 0.8 hectares, it should be provisional subject to standard conditions (e.g., survey, road widening, cash-in-lieu of parkland, etc.,). A condition would be required to ensure the existing sewage system would be moved to a compliant location on the retained parcel. A zoning by-law amendment would also need to be sought for the lesser lot area. Such a zoning by-law amendment would need to be considered by Township of South Frontenac Council. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 108 of 249

Township of South Frontenac Staff Report - Consent Application PL-BDJ-2022-0155, Elaine and Lynn Snider, 4617 Bedford Road, Loughborough District

Notice/Consultation Notice of the Application was given pursuant to the requirements of the Planning Act. A Notice of Public Meeting was circulated pursuant to the requirements of the Planning Act, at least 14 days before the June 8, 2023, public meeting. This included notice given: • • • •

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

Notice of the September meeting was provided to the applicant and to members of the public who requested notification. Recommendation It is recommended that application PL-BDJ-2022-0155 for consent to create a new residential lot be denied. Submitted by: Christine Woods, MCIP, RPP, Senior Planner

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

Page 109 of 249

Page 110 of 249

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Page 117 of 249

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Page 118 of 249

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Page 120 of 249

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Page 121 of 249

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Page 122 of 249

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SOUTH FRONTENAC L

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PL-BDJ-2023-0075 PL-ZNA-2023-0076 (MOR|N)(RODRlGUEZ) 3361 SCANLAN ROAD

Legend SCANLANROAD

subject Property Proposed Severance Wooded Area

Lake Trout Lake At capacity

Lake Trout Lake Not at capacity

—

1 Non—LakeTrout Lake At Capacity —

Waterbody Road

Retained Lands

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Page 123 of 249

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Page 124 of 249

Wooded

From: To: Cc: Subject: Date: Attachments:

Troy Dunlop Tom Fehr Evan Bancroft FW: Consent application PL-BDJ-2023-0075 3361 Scanlan Road August 25, 2023 10:07:20 AM PL-BDJ-2023-0075 (Morin) (Rodriguez) - Application.pdf image001.png image002.png image003.png PL-BDJ-2023-0075 (Morin) (Rodriguez) - Sketch Revised.pdf image004.png image005.png image006.png image007.png image008.png

Tom, No concerns here as it relates to access. Property has had access since 2008 or longer. Owner to dedicate road widening if any shortfall of 10m as measured from the centerline of the road. Other observations: May want to check to ensure that there are no shared services here between the structures (water, wastewater, utilities). Storage shed looks to be for bus storage and fuelling. W. Troy Dunlop, C.E.T.

Manager of Engineering and Capital Projects Public Services Department Township of South Frontenac p: +613-376-3027 ext.3333 e: tdunlop@southfrontenac.net a: 4432 George St., Box 100, Sydenham, ON, K0H 2T0 www.southfrontenac.net

Please consider the environment before printing this email

From: Tom Fehr tfehr@southfrontenac.net Sent: Wednesday, August 23, 2023 3:35 PM To: Troy Dunlop tdunlop@southfrontenac.net Cc: Evan Bancroft ebancroft@southfrontenac.net Subject: Consent application PL-BDJ-2023-0075 3361 Scanlan Road Hi Troy,

Page 125 of 249

Please find attached the circulation for the above noted consent application. The application is requesting consent to create a new rural residential lot. The severed parcel is approximately 2.42ha (6 acres) with 56.7m (186ft) of frontage on Scanlan Road. The retained lot is approximately 0.9ha (2.22 acres) with 56.7m (186ft) of frontage on Scanlan Road. The severed lands contain a storage building and the retained lands contain a single detached dwelling and accessory buildings. Please review and provide your comments by September 6. Regards,

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

Page 126 of 249

Page 127 of 249

C omments. _

L°cat’°n’

Applicant Name(s):

The Building Department cannot support the proposed severance. The proposed west property line runs through the mantle loading area of the existing sewage system on the retained parcel. The reconfiguration of the proposed propoerty |ine(s) is recommended ensuring that all parts of the existing sewage system remain within the retained parcel.

3361 Scanlan Road Township of South Frontenac (Portland)

Morin, Marcel

Consent to Sever

Type of Application or Proposal:

Planning Department Township of South Frontenac 4432 George St, Box 100 Sydenham, ON KOH2T0 PLBDJ20230075

To:

COMMENTS SEWAGE SYSTEM REVIEW

Application Number:

x \ .. FR0 N1-ENAC

l(‘s__\ SO UTH

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

To: Committee of Adjustment Prepared by: Development Services Department Report Date: September 14, 2023 Consent Application PL-BDJ-2023-0075; Minor Variance Subject: Application (S. 45(1) of Planning Act) PL-ZNA-2023-0076 (Morin/Rodriguez) – 3361 Scanlan Road, Portland District

Summary This application is for the creation of one new rural residential lot. This report recommends deferral of the application PL-BDJ-2023-0075 and related Minor Variance application PLZNA-2023-0076. This application is being brought forward to the Committee of Adjustment because it is a disputed consent per By-law 2020-27. Specifically, the severed and retained parcels would have less than the required lot frontage. A concurrent minor variance application (PL-ZNA-2023-0076) was submitted to permit the reduced lot frontage of the severed and retained lots.

Background The application is requesting consent to create a new rural residential lot. The severed parcel is approximately 2.4ha (6 acres) with 56.7m (186ft) of frontage on Scanlan Road. The retained lot is approximately 0.9ha (2.2 acres) with 56.7m (186ft) of frontage on Scanlan Road. The severed lands contain a storage building and the retained lands contain a single detached dwelling and accessory buildings. The subject property is designated Rural in the Township Official Plan and is zoned Rural (RU) in the Township Zoning By-law. Severed Parcel

Retained Parcel

Area

2.4 hectares (6 acres)

0.9 hectares (2.2 acres)

Frontage on Road

56.7 metres (186 feet) on Scanlan Road

Frontage on Water

N/A

Structures Storage building

1 detached dwelling and several accessory buildings

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

Page 128 of 249

Township of South Frontenac Staff Report - Consent Application PL-BDJ-2023-0075; Minor Variance Application (S. 45(1) of Planning Act) PL-ZNA-2023-0076 (Morin/Rodriguez) – 3361 Scanlan Road, Portland District

Zoning Relief Requested The following variances are requested through minor variance application PL-ZNA-20230076: Section 7.3.2 - to permit a minimum lot frontage of 56.7m for the severed parcel of consent application PL-BDJ-2023-0075 whereas 76m is required. Section 7.3.2 - to permit a minimum lot frontage of 56.7m for the retained parcel of consent application PL-BDJ-2023-0075 whereas 76m is required. Section 7.3.1 - to permit an interior side yard setback of 3m for the existing storage building on the severed parcel from the new interior side lot line whereas 10m is required.

Property Description The subject property is located on the south side of Scanlan Road which is a dead-end road. The subject property is primarily cleared pasture with a wooded area in the southwest corner. The property is bordered by a belt of trees. The severed lands contain a storage building and are proposed to be developed with a dwelling; the retained lands contain a single detached dwelling and several accessory buildings.

Department and Agency Comments Building Services reviewed the application and stated that they cannot support the proposed severance as the application was submitted. The comments state that the proposed west property line of the severed parcel runs through the mantle loading area of the existing sewage system on the retained parcel. Building services recommends the reconfiguration of the proposed property line ensuring that all parts of the existing sewage system remain within the retained parcel. Public Services reviewed the application and access to the severed and retained parcels. They noted that both severed and retained parcels had existing access from Scanlan Road and that they had no concerns with the application.

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

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

Page 129 of 249

Discussion As a result of Building Services review of the consent application planning staff are recommending deferral of the consent application and related minor variance application. Building Services’ review identified that the property line separating the proposed severed and retained lots would run through the mantle of the existing septic system that services the existing dwelling on the retained lands. Building Services has further advised that the Ontario Building Code requires the mantle area of the septic system to be located entirely on the property that the septic system is servicing. The proposed application as submitted would result in a portion of the mantle being located on the severed parcel, therefore Building Services cannot support the application. There are several options available to address the issue of the lot line encroaching on the septic system. One option involves approval of the application as submitted; however this would require the application to be subject to a condition to remove the existing septic system and install a new septic system that is located entirely on the retained lands. An option to retain the existing septic system would involve adjusting the proposed property line in a manner so as to avoid encroaching on the mantle. This would result in an awkward lot configuration as the new lot line would have multiple angles as it extends around and between the mantle and storage building. The result of this would be that a portion of the severed lands would bump out in front of the existing storage building. Clear delineation of property boundaries in the future may be difficult when the lot line is angled in this manner. Another option for retaining the existing septic system would be to remove the existing storage building in combination with relocating the lot line. Removing the storage building would enable the new lot line to run more directly from the front to the rear of the property while ensuring that both severed and retained lots have 56.7m of frontage. Deferral of the application is being recommended to allow the applicant time to consider these options and revise the application as necessary.

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

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

Recommendation It is recommended that applications PL-BDJ-2023-0075 and PL-ZNA-2023-0076 be deferred. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 130 of 249

Report Prepared By: Tom Fehr, Planner

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

Page 131 of 249

Page 132 of 249

intent

appropriate intent

a Fee Authority the applicable application). that

without

Type:

and and

purpose purpose

of of the

the

of eight Planning

Note: These fees perrnit applications

Conservation

Valley

Rideau are

Authority

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Planning

for consultation and fees prior

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Review new

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Nov

Townsh ip

T<3V/ SOUTH NSl— PLANNING m:=

Committee

by Chapter

Admin

only;

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these

review onsite an application be submitted

Building $97.00 $97.00 $97.00

( the Sep arat e

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agencies

sewage

Fee:

?led with the Secretary— Treasurer referred to Note 3 ( in the chart below belo in cash, w),

Zoning

Of?cial

use

provided

Township to when submitting Authority, are to

the

$979.00 $1 ,343.00 $2,058.00

2022

FRONTENAC OR PERMISSION

persons Act R.S.O.

SOUTH VARIANCE

January,

provisions

development

By-law

be for provided (where applicable) Conservation

pennit

South Frontenac Only Vl/ITH Perfonnance combination with in than a Class system A

Region

of Variance Variance Variance other

It is required Conservation payable to completed

Agplication 1-3 Variances Variances 4+ building After

Conservation

Please additional

Requirements

for the the general the general nature

Zoning

Committee 45 of the

Updated

TOVVNSHIP FOR MINOR

It is that one (1) copy required of this application Committee of Adjustment, together with the SKETCH a NON-REFUNDABLE by FEE accordance with in made payable the Township of to South Frontenac.

Is desirable Maintains Mai t l Is minor

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Page 133 of 249

READ

THIS

ITENI

SOUTH Planning R.S.O.

CAREFULLY

Act,

FRONTENAC

APPLICATION c. P.13

1990,

FOR amended

NIINOR

VARIAN CE

of Personal

Information

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

Collection

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

PLEASE

TOVVNSHIP

TOWNSHIP OF SOUTH FRONTENAC APPIJCA11ON FOR MNOR VARIANCE Planning Act, R.S.O. 1990, 1:. R13 as anended

File No: PL-ZNA-2022-0161

Date Received:

ou\o( M1GHébL.&WILSON

beV.eI< WILSorJ

Name ofOwner(s):

run mas-mgAddress orowners):

Phone number of 0wner(s): Email Address of 0wner(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 Ication. Name of Authorized Agent: Full Mailing Address

of Authorized Agent:

Phone number of Authorized Agent Email Address of Authorized Agent as named abov s hereby authorized to act on behalf of the owners for purposes of processing this ap cation for Minor Variance.

Signaturé(s) of Owner(s) The description of the subject land: District:

Concession Numben Street Numben

KPortland

LI Bedford

9°73

El Loughborough

D Storringtson

L01’ 1 Lot Number. _pk0_T

Name of RoadlStreet:

3‘ l-Verc

Q00‘

Part Number(s):.P+ P1 Reference Plan Number. l5Q'3.‘25B l§Q~‘l??+ As 1|) + 53"3>«‘l,Tl~|FR3’lll‘lb Roll Numben ?9o4

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Page 134 of 249

Page 135 of 249

The

Please (Le.

the proposed

the

nearest

to used

subject to be public

Yes

whether garage,

existing

the

property

maintained

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indicate

are

residence.

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land.

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1990,

<3:\’

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property used and road.

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TOVVNSHIP FOR

NIINOR

fac

the

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—F‘I/‘own

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Page 136 of 249

Setback

story

14.Are

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any be

uses

High

building(s) on built the

proposed

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one

ding Is

story)

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have

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(Also

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side

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answer

of Structure residence)

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Type (E.g.

1 2.

TOVVNSHIP

the

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structure(s), subject land? or

additions

—

(2)

EACH

land:

for

existing

season

FOR MINOR

indicate:

amended

building(s)

Eo1—i—ap<_

(3)

structure

APPLICATION P.13 c.

1990,

building

FRONTENAC Act, R.S.O.

0_es:1>e—n)-rl?-I,

(1 )

item

structure(s),

( 4 )

VARIANCE

Page 137 of 249

resi

rnensions dinglstructure

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indicate

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please

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provide

include

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(2)

proposed

R.S.O.

details:

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on mark relate

existing

building.

and

FOR amended

(3)

structures?

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VARIANCE

structure

MINOR

the setback lane, the same. CONSTRUCTION NEVV

building

a private be will the to

addition.

APPLICATION c. P.13

1990,

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

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

item

NOTES:

)

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from

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TOVVNSHIP

23.

Page 138 of 249

storm

sewage

drainage

other

whether

Indicate

whether

system, or other

length

that

the

(go

the

provided owned

ditches,

FOR

land

have

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the subject operated

swales

publicly communal

other

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a publicly or communal

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and

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be —*1>

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continued:

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to and

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owner:

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were

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existing

202.;

the

subject

operated

—

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?xtures

bedrooms

structures

65+. and

APPLICATION P13 1990, 1:.

development?

structure system?

N/Ar

and

existing

provided owned

or septic

Se-PT.

was

space

acquired

living

plumbing

number

proposed

addition existing

the

details:

the

FRONTENAC Act, R.S.O.

RAISING

SOUTH

Planning

buildings

provided

means:

system,

sewage

water privately means:

time

existing

land

the Will on the

(cl)

subject

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(c)

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(b)

uses Increase

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provide

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.The

date

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date

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please

the

your

yes,

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1 9.The

1 8.

TOVVNSHIP

Page 139 of 249

the the

The

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

iv)

The distances property to importance

location

be and

The location of nearest township

abutting

reference lot line

to on-site varied, should

all

river distance

natural subject

(neighbours‘)

and abutting REQUIRED be prepared

Show

NORTH

the

?le

subject

FOR

ever

the

been

betvveen bridge or

including

THE

number

subject lan crossing. d

and

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barns sig nifi as can t of ,

the subject buildings, wetlands, the applicant’s

the railway

location

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

THE

subject

the

VARIANCE

application

the

under

MINOR

TOP

amended

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

lands.

as application

land

number

ARROVV

following:

the

land has Variance).

give

subject

APPLICATION P.13 1:.

1990,

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

of all to the ditches,

and dimensions buildings.

iii)

boundaries proposed

showing

give

subject (Minor

please

is Consent.

land

the Act

please

yes,

FRONTENAC R.S.(). Act,

HAVE

yes,

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MUST

submitted

2<~o 27

whether Planning

ii)

SKETCH

item

indicate of the

question

PANO

THE

must

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SOUTH

Planning

the subject Subdivision

SKETCH

[fl

answer If the application. the

**Note:

Yes

whether Plan of

answer application.

indicate of a

If known, please under Section

Please approval

TOVVNSHIP

Page 140 of 249

Page 141 of 249

FOR amended

ate postal

separ

VARIANC E

Roads: Municipally maintained that residents maintain themselves and that are generally property

are

shared

roads (not

meet add further to

not

the Township; but lanes

can you a variance developing

why

after driveways. others).

looked private

with

are

seeking or that

words.

property

and

completed.

that

requ ired an the

private provide

the on to from

do to than within build ing

this

variance owner All

you are asking 25 rather m of a structure an accessory be

your

staff.

the here

with

live

Form

IWINOR

if they complete

during appear

even

must

other you

water, embankment.

the

zoning planning

question

Reason why you comply: can‘t could for be, because example, that already is too close to because of a impossible steep

this

of the with

—

be aware not pre—consultation

may

for

parts

Nature and Extent of Relief: This is asking question what variance for it could be that you are example, asking to or water that are asking mark, to increase the height you or water that are seeking a mark, variance to you constmct front lot line than the principal building.

You in

All

zoning: you come

acres:

behalf should

section, address,

your

Current when

area.

—

on act number

this

Variance

depth,

in rna

Minor

Frontage,

someone and phone

appear the full

the

APPLICATION c. P.13

1990,

appoint address

must be

Completing

R.S.O.

Description of the Subject Land: a. District: The Districts are the same as the forrner Townships. ar If you the roll number (the long number beginning with on tax 1 029) bill. e your 020 or your 030, district is numbers are if the 040-050, 010. Bedford: Loughborough; the numbers are if 060 or district Storrin 070, is your gton; numbers are 080, district is your Portland. b. Concession and Lot Numbers: are if you not check sure, bill tax your c. Street Number: Your civic address civic number if a has been as not space blank. sig ne d. Name of Roadlstreet: This whether or you are on question applies not d. a road. public e. Reference Plan No: If your has been surveyed, it will property a have one or more on that parts plan, property has not If your been surveyed. blank. Roll No: This is f. the number beginning with ‘1029’ which appears on yo take ur time to look it up before submitting the application.

owners should

Act,

FRONTENAC

wish name,

names all of the address(es)

Guide

SOUTH Planning

You may person’s authorization.

and

The

TOVVNSHIP

Page 142 of 249

Proposed for but if, then the described

Proposed question

existing may ?nd actually

Demoli instances,

Water their

years,

Length

and

ANY

structures: “yes” —

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the is

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ion:

is a

it.

lake.

most

uses: cases

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are

you

the

not

take

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answer

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answer

example,

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FOR

you

the

sections please

land

only

MINOR

property

can

amended

recreational

all complete your dwelling,

vacant

relevant

structures

build

screened

part

proposing

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Page 143 of 249

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2210 SILVER ROCK LANE

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

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2077 HAMBLY LANE

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Page 144 of 249

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All works to be installed in accordance with current South Frontenac Township Site Plan Control Guidelines, Township Utilities Standards, SEDIMENT AND EROSION CONTROL: Ontario Building Code and, Ontario Provincial Standard Specifications

All erosion and sediment controls shall be installed prior to construction and Drawings unless specified otherwise. and monitored and maintained by the Contractor throughout the
Any existing non commissioned wells found within the site are to be construction process, until all disturbed areas have been revegetated, abandoned as per R.R.O 1990 Regulation 903 Amended to O.Reg. then the temporary sediment and erosion control measures must be 128/03. removed once the site has been stabilized and or the site works are
Aggregates - Granular A and B as per OPSS.MUNI. 1010. complete.
Septic system to be designed by others and installed as per Ontario
Staked straw bale flow checks to be installed as per 219.180. Building Code Requirements
The Contractor shall acquire all permits as required for all works within 3. All erosion and sediment control measures shall be inspected after each rainfall to the satisfaction of Township of South Frontenac and CRCA. the Municipal Right of Way. Cut permits are required for all offsite works.
Prior to construction, Contractor to verify all dimensions, sewer inverts 4. Any disturbed area not scheduled for further construction within forty-five (45) days will be provided with a suitable temporary mulch and seed and utility locates and identify possible conflicts. cover within seven (7) days of completion of that particular phase of
It is assumed that culvert installation will occur during dry conditions. construction.
Regardless of site specific items detailed on the plans, the Contractor GRADING: shall install erosion control measures to suit the proposed work methods controlling sediment runoff from discharging offsite prior to any
Positive drainage away from the building shall be achieved. finished disturbance. surfaces shall be at a minimum grade of 2% unless otherwise noted,
150mm Granular ‘A’ shall be supplied and installed under steps, decks, 6. Following construction, disturbed areas, as well as proposed grassed and vegetated surfaces, shall be reinstated as soon as practical. and porches unless otherwise specified.
The placement of surplus fill to be placed and/or temporarily stored in
Side slopes shall be a maximum slope of 3:1 unless otherwise noted. accordance with O.Reg.148/06 where applicable. Temporary fill sites will
All existing grades are to be verified by the contractor prior to grading. require the approval of the Township. Fill locations, side slopes,
Utilities are to be located prior to construction. elevations as per the Approved Drawings. Restoration to be completed
All ground surfaces shall be graded to prevent ponding and without low during the final phase of construction. areas except where approved swale are provided.
All roads used to access the site shall be kept clean to the satisfaction of
Maximum hard surface grades are to be 8.0% the Director of Engineering Services.
Staked straw bale flow checks to be installed as per OPSD 219.180
Conflicts between the building design drawings and grading shall be SUMP PUMP & WATERPROOFING: brought to the attention of the contract administrator.
The contractor is responsible for reviewing proposed grades with
Groundwater conditions have not been reviewed. Contractor is to review conflicts regarding the proposed structures. groundwater conditions onsite prior to construction and notify the
Sub-drain and outlet elevations are to be confirmed prior to the Engineer. construction of any structures.
Foundation walls and slab shall be waterproofed as per Ontario Building
Sub-grades shall be graded at a minimum of 2%, until a lower ditch is Code and encountered conditions. encountered or the existing surface drains away from the sloped sub-grade. SEWERS:
Grades are to match the adjacent properties unless otherwise noted.
Gravel areas and shoulders include al rounding required to maintain the
All pipe material to be CSA certified. proposed gravel edge.
All culverts supplied shall carry CSA certification to the appropriate CSA
F.F.E. shall mean First Floor Elevation. standard.The following culverts shall be used
G.F.E. shall mean Garage Floor Elevation. a. Corrugated steel pipe with a minimum wall thickness of 1.6mm,
T.O.F. shall mean Top of Foundation. galvanized at a rate of 610g/m² or greater.
Driveway shall have a minimum crossfall of 2.0% with or without a crown.
Pipe bedding, surround and cover shall conform to OPSD 802 series. Sideslope’s at culvert requires shot rock type fill. Pipe bedding shall be 200mm thick Granular ‘A’ compact to 98% SPD. SITE WORKS: SEPTIC:
Where in earth subgrade granular depths provide 3% crossfall on

Septic system to be designed by others and installed as per Ontario subgrade. Building Code Requirements 2. Existing pavement thickness to be matched. 2. Required Stone as per O.B.C. 8.7.3.3. The stone shall be washed and 3. Hot mix, hot laid asphalt concrete as per OPSS 1150. free of fine material 4. Concrete shall be Class C2, 32 Mpa 28 day strength, 19mm coarse 3. Topsoil and grass will be established and maintained following aggregate nominal maximum size, 6.0% to 8.0% air content. Normal construction of the sewage system. portland cement type as per OPSS 1301. 4. No structures of any kind are to be built over the tank or the sewage 5. Concrete materials and production as per OPSS 350, 351, 352, 353, system. 1301, 1302 and 1350. 5. Design shall maintain below clearances. 6. Boulevards and grass areas to be finished with 100mm of topsoil and nursery sod. 7. Existing elevations as per June 26, 2023 field survey by Hopkins Chitty Land Surveyors

SWALE CL

GENERAL:

JULY, 2023

Page 145 of 249

Date:

. 39

5.0 5.0

10.0 m H=1:150 10.0

Scale:

1:150 ANSI D

Project No.

Drawing No.

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. PL0327-2022 Municipality:

Township of South Frontenac

Landowner:

Derek Wilson and Michelle Wilson

Location:

2073 Silver Rock Lane

Roll #:

10290800500420000000

Application Description:

Minor Variance Appl’n File No. PL-ZNA2022-0161

Feature:

Hambly Lake

Part Lot 7, Concession 11

Portland

Allow for a reduction in the setback from the high-water mark of Hambly Lake for the construction of a 4-season cottage residence. The applicants are requesting a 22.55 metre (74 foot) setback from the high-water mark, rather than the required 30 metre (100 foot) setback from the high-water mark (as per Section 10.3.1 of Township of South Frontenac Comprehensive Zoning By-Law).

Natural Hazard policies of the PPS, Quinte Conservation Planning Act Review policy, and Ontario Regulation 319/09 Conservation Authorities have Provincially delegated responsibilities to represent Provincial interests regarding natural hazards under Section 3.1 of the Provincial Policy Statement (PPS) (2020). 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. The flood plain mapping for Hambly Lake indicates that a portion of the subject lands would be subject to flooding during the regulatory flood event (1:100-year flood). Further the lot is smaller in size, and of irregular shape with a reduced road frontage. Quinte Conservation had requested that the applicant submit a site plan/building envelope sketch to illustrate the area available outside of Quinte Conservation’s setback allowance from the flood plain of the lake, in addition to other applicable setbacks (hydro, zoning by-law setbacks, etc.).

Comments:

Staff have reviewed Drawing No. C1, titled Grading Plan, Revision No. 4, dated July 25, 2023, prepared by Forefront Engineering Inc. The drawing illustrates that the proposed dwelling and sewage system meet the required 15-metre setback from the 1:100-year flood plain, which equates to 22.55 metres from the seasonal high-water mark of the lake. As a result of our review of this site plan drawing, staff are satisfied that the application is consistent with Section 3.1 of the PPS, as well as with Quinte Conservation Regulation and Policies. The subject lands lie within the regulated area of Hambly Lake (by virtue of Ontario Regulation #319/09 – Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses). Please note that the owners will need to apply to the Conservation Authority for a permit prior to development (construction / filling/ excavation/ site grading) within 30 metres of the 1:100-year flood plain of Hambly Lake. These planning comments do not constitute permission to develop within a Quinte Conservation regulated area. A permit from Quinte Conservation will be required for the proposed development of the dwelling and sewage system prior to issuance of the Township building permit. The permitting process is a separate process from the plan review process, and a separate fee will be applied to future permit application(s) to this office.

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 Page 1 of 2

Page 146 of 249

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 maters. If the Township requests a hydrogeological assessment or Environmental Impact Study (EIS) it should be peer-reviewed by a qualified consultant.

Final Comments:

Based on Quinte Conservation’s review of Drawing No. C1, Revision No. 4, titled Grading Plan, dated July 25, 2023, prepared by Forefront Engineering Inc., staff have no objection to the minor variance application that requests a 22.55 metre setback from the seasonal high-water mark of Hambly Lake. This measurement is coincidental with the required 15-metre setback from the 1:100-year flood plain. The landowner will be required to obtain a permit from this office prior to undertaking any development projects on the property. This office would appreciate a copy of the Committee of Adjustment’s decision on the application when it becomes available.

August 3, 2023 Date

Sam Carney Planning Technician And: Catherine Sinclair, Regulations Officer

Page 2 of 2

Page 147 of 249

Page 148 of 249

—.

SO UTH

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

Comments. _

Location_

No objections—The proposed location appears suitable for the installation of a sewage system. Specific requirements for the installation dependent on the proposal submitted through an application to Construct a Sewage System.

2073 Hambly Lane Township of South Frontenac (Loughborough)

Wilson, Derek

Applicant Name(s):

PL-ZNA-2022-0161

Planning Department Township of South Frontenac 4432 George St, Box 100 Sydenham, ON KOH2T0

Minor Variance

Number:

Ap’°"°a”°“

To:

SEWAGE SYSTEM REVIEW COMMENTS

Type of Application or Proposal:

x\- FRO NTENAC

From: To: Cc: Subject: Date: Attachments:

Tom Fehr Kate Kaestner RE: Application PL-ZNA-2022-0161 September 14, 2023 8:50:40 AM image006.png image007.png image008.png

Notices of the application were sent out to property owners that are within 60m of the subject property per the requirements of the Planning Act. If your property is more than 60m from the subject property, that would be why you didn’t receive a notice. Regarding your comments about elevation and water runoff, the owners submitted a grading plan with their application and as a condition of their approval the proposed development will be required to consistent with this plan. They will be required through a development agreement to ensure that any runoff associated with the development is contained on the property. Regarding your comments about the lane, the proposed development meets the required setback from the laneway. As it is a private lane the Township is not involved in maintenance requirements of the lane – this is a matter for you to address with the property owner if you have concerns. Per their application , the applicants are proposing an Eljen tertiary treatment septic system. Due to the size of the property, I believe a tertiary septic system with a smaller footprint is required to make the proposal work. Regarding your comment about flooding, the application was reviewed by Quinte Conservation who had no concerns regarding flooding as the proposed development meets the required setback from the floodplain. Regards,

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

Page 149 of 249

From:

Sent: Tuesday, September 12, 2023 12:08 AM To: Christine Woods cwoods@southfrontenac.net; Jennifer M Eastman eastmanjm@bell.net Subject: Application PL-ZNA-2022-0161

Monday, September 11, 2023

Dear Christine, Re: PL-ZNA-2022-0161 I will be away in the UK for the Committee of Adjustment Meeting to discuss the above application. As a result I would like to submit my thoughts and questions via email. There was no letter of notification received via mail, additionally I submitted an email enquiring about the application but did not receive a response. As a comment, the property being discussed sits across from the junction (the “Y”) of Silver Rock Lane and Hambly Lane where the two lanes diverge. This is a major area of traffic for both lanes. As President of the Hambly Lane Road Association there is concern regarding the elevation of the property development or changes to water runoff. The area around the signage at the “Y” sits low. The joining road on the back side leading from Hambly to Silver Rock is an area which is very soft and muddy in the Spring. As a private lane association we share the costs to maintain the lane year round. We are looking for assurance that the overall impact of the development will not put added pressure/flooding on this spot, causing lane damage. Septic Questions: It was with great interest to see the applicant will install a tertiary septic system. It is my understanding they treat wastewater to a higher level than a septic tank. This is great news for Hambly Lake. Question/Comment: The subject property is prone to high water/flooding in spring and fall. The primary concern is protection of Hambly Lake plus the adjacent properties.

Page 150 of 249

What of the four kinds of Tertiary System is being proposed as it is not stated on the application? Does Quinte Conservation or South Frontenac Township require a specific tertiary system the applicate would install? If used, a peat filter system must be replaced approximately every 8 years ( Premier Tech, Ecoflo or Puraflo ). Whatever tertiary septic system the applicant installs they require maintenance. Looking for assurance the applicant will protect their interests, and therefore protect Hambly Lake. I wish to be added to the list of recipients regarding the application.

Thanking you in advance,

Page 151 of 249

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: September 14, 2023 Minor Variance Application (S. 45(1) of Planning Act) Subject: PL-ZNA-2022-0161, Wilson, 2073 Hambly Lane, Portland District

Summary This report recommends that the Committee of Adjustment grant approval of this application for zoning relief for a single detached dwelling and septic system, 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: RLSW Zoning Relief Requested Section 5.8.2(a) – to permit a single detached dwelling to be set back a minimum of 22.5m from the highwater mark of Hambly Lake, whereas a minimum 30m setback is required for all buildings and structures. Section 10.3.1 – to permit a front yard setback of 22.5m for the single detached dwelling where a minimum 30m front yard is required for all buildings and structures. Section 5.8.2(a) to permit a septic system to be a minimum of 27m from the highwater mark of Hambly Lake, whereas a minimum 30m setback is required for all buildings and structures.

Discussion Property Description The property is 0.18ha in area and has 28m frontage on Hambly Lake and 15.2m of frontage on Hambly Lane. The property is irregular in shape and has a right of way over the www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 152 of 249

Township of South Frontenac Staff Report - PL-ZNA-2022-0161, Wilson, 2073 Hambly Lane, Portland District

northern portion of the property as well as a right of way running along the west property line. The property is currently vacant and primarily treed. The property gradually slopes from the northeast to the southwest with some undulations in the middle of the lot. The property is located in an area of similar waterfront residential development. Summary of Proposal The Owner proposes to construct a two storey singled detached dwelling and a septic system on the property. The dwelling will have a ground floor area of 90.4sqm and a gross floor area of 180.8sqm. No deck is proposed with the application. Minor variances are being requested to allow the dwelling and septic system to be set back less than 30m from the highwater mark. The single detached dwelling will be set back 22.5m from the highwater mark and the septic system will be set back 27m from the high water mark. Agency Comments Quinte Conservation reviewed the application and submitted comments stating they had no objection to approval of the application. The property is within Quinte Conservation regulated area and the proposed development will require a permit from them. Public Comments No comments were received from the public at the time of the writing of this report. Planning Analysis The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. It is the opinion of Planning staff that the proposal meets the four tests as explained below. Does the variance maintain the general intent and purpose of the Official Plan? The proposed variances maintain the general intent and purpose of the Official Plan related to waterfront residential development, and development adjacent to environmentally sensitive areas. The variances would facilitate construction of a single detached dwelling and septic system on lands that are designated Rural in the Official Plan on Schedule A. The proposed location of the dwelling and septic system minimizes site alteration required and maximizes the setback of the dwelling and septic system from the highwater mark, as intended by section 5.2.7(b) of the Official Plan.

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

Page 153 of 249

Township of South Frontenac Staff Report - PL-ZNA-2022-0161, Wilson, 2073 Hambly Lane, Portland District

Does the variance maintain the general intent and purpose of the Zoning By-law? The proposed single detached dwelling and septic system is a permitted use in the RLSW zone. Meeting the 30m setback from the highwater mark is not possible on the property due to the property depth and location of a right of way along the rear of the property. The location and footprint of the dwelling was designed to maximize its setback from the highwater mark. Also, the setback of the sewage system has been maximized from the highwater mark. A tertiary treatment system has been proposed to reduce the footprint of the septic system. The application complies with all other zoning requirements including lot coverage which is to be 4.9% With the recommended conditions the proposed variance maintains the general intent and purpose of the Zoning By-law. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The requested variance is desirable for the appropriate development of the land. The design and location of the proposed dwelling on the property ensures that the development maximizes the setback from the water and minimizes site alteration and vegetation removal. The structure will be located in an appropriate area where there are no impacts anticipated on the subject or abutting properties. Is the variance minor? The requested variances are minor as they maintain the general intent and purpose of the Official Plan and Zoning By-law, and are desirable for the appropriate development of the land. They are not anticipated to impact the existing or planned functionality of the property and adjacent properties. The proposed dwelling would be 22.5m from the water at the closest point and the septic system would be 27m. Vegetation would be maintained to provide visual screening from the nearest neighbour and to provide visual screening and buffering to the lake.

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

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Page 154 of 249

Township of South Frontenac Staff Report - PL-ZNA-2022-0161, Wilson, 2073 Hambly Lane, Portland District

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2022-0161 for 2073 Hambly Lane subject to the following conditions.

The minor variances are for a single detached dwelling with a ground floor area of 90.4sqm and a gross floor area of 180.8sqm, as well as a septic system. The dwelling is permitted to be set back 22.5m from the high water mark of Hambly Lake and the septic system is permitted to be set back 27m from the highwater mark of Hambly Lake. The location of the dwelling and septic system on the property must be consistent with the Grading Plan Rev. No. 5 prepared by Forefront Engineering dated August 18, 2023 and attached to the decision as attachment ‘A’.
The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated. b. Roof runoff will be directed away from the shoreline of Hambly Lake and neighbouring buildings and structures and discharged to natural or constructed leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads to reduce the velocity of runoff. c. A natural vegetated buffer must be maintained in its natural state between the proposed development and the shoreline.
A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac.
Minor variance PL-ZNA-2022-0161 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Report Prepared By: Tom Fehr, Planner

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Page 155 of 249

Township of South Frontenac Staff Report - PL-ZNA-2022-0161, Wilson, 2073 Hambly Lane, Portland District

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

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

Page 156 of 249

Page 157 of 249

Committee

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general

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copy together

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the

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appointed 1 990, alter to

the land, Plan.

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persons Act R.S.O.

2023

FRONTENAC VARIANCE 45(2))

be with filed application accompanied the sketch, by debit credit or card, cash.

with

this

for be provided (where applicable)

chart South

without

Type:

(1)

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South

Region

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payable

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building

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January.

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Section

Updated

TOVVNSHIF OF APPLICATION FOR OR PERMISSION

may permission to enlarge grant or on building land, structure, the prohibited by by—Iaw.

with accordance the to Township

Agplication Variances 1 -3 Variances 4+

the general

nature

for

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purpose

any

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where

for

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lands used

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the the

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may

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that

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Committee Committee

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Page 158 of 249

Please additional

are

READ

THIS

prior

CAREFULLY

fees

FRONTENAC R.S.O. Act,

consultation

ITEM

and

for

SOUTH Planning

on any

this application construction.

APPLICATION c. P.13 1990,

FOR

only;

amended

these

MINOR

agencies

VARIAN CE

lands

applicant

Personal

Treasurer 376-3027

boards, questions of

collection

the above Authoriti

used

Information

requested

regarding the Committee the of 2224). ext.

Commissions,

information Personal This information will of purpose reviewing

Collection

abutting

Each

Adjustment

under

Persons

(P.O.

Box

information

and

Planning

Act. Division and be made may having interest an should be directed Sydenham, Ont., 100,

the Adjustment/Land

application,

required

Committee referenced s, Agencies this of

the

herein

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

PLEASE

fees applications

These

permit

Note:

TOVVNSHIP

Page 159 of 249

Page 160 of 249

current

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municipally

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relief

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TOVVNSHIP

Page 161 of 249

Building

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FRONTENAC Act, R.S.O.

Page 162 of 249

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NOTES:

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APPLICATION c. P.13

1990,

high water this question completed

waterfront,

the in

each

FRONTENAC Act, R.S.O.

DEMOLITION

required

setback

property

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

applicable)

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Type

TOVVNSHIP

Page 163 of 249

Indicate

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other

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continued:

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publicly

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were

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and

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acquired

existing

space

APPLICATION 1990, P.13 C.

development?

or ion structure ng system? septic

living

plumbing

number

proposed

RAISING

FRONTENAC Act, R.S.O.

(‘E24

was

add exis

buildings

land

the the

545% £3

the

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(b)

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details:

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provide

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whether system. or other

length

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date

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date

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TOVVNSHIP

Page 164 of 249

**Note:

The the

distances

importance

property

The

lines,

and

watercourses. wells

line

abutting

lot

reference

tanks.

drainage

prepared

and abutting REQUIRED

Show

natural subject

river distance

all the

(neighbours’)

file

lands.

the

septic

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and

and is accurately fields SKETCH

the subjec t buildings,

l subject crossing.

location

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railway

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VARIAN CE

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. . . . ..i.e.

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the Act

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Act,

FRONTENAC

dimensions

location adjacent

all

buildings.

and

MUST

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whether Planning

subject

on-site to be varied. and should

septic

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location

nearest

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the

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proposed

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must

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If known. please under Section

answer to application.

whether Plan

)<Yes

indicate

If the the

Please approval

TOVVNSHIP

Page 165 of 249

Page 166 of 249

names

Nature

appear the full

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this

—

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should

behalf

section, address,

your

the

APPLICATION 1990, C. P.13

number

act

FRONTENAC Act, R.S.O.

someone and phone

FOR amended

appear

the here

ara post alte

sep

VARIAN CE

variance owner’ All s

live with

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if they complete

during

even

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not

All

If your

parts

this

the of with

beginning submitting

plan.

property

aware

pre—consuItation

the principal

Roads: Municipally maintained that residents maintain themselves and that generally are property

than

line

for

that

If your number before up

acres:

the

No:

with the

property

zoning planning

other you

are

shared

roads (not

private

must

can variance

after

developing

why

add

meet

this

g n ea d ,

qu an ire th d e private provi de

than within bui ldi ng the re from

that

accessory

further

and asking rather structure

are rn

not

a an

have

surveyed,

completed. property

will

appears

been

the Township; but lanes

you

your staff.

driveways, others).

looked

seeking or that

words.

with

are

water, embankment.

the

building.

not

which application.

has

surveyed,

‘1029’

been

question

has

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

Extent for

You

may

is look

parts

Plan

area,

This

road.

Reason why can‘t comply: you could because for example, be. that is already close too to a of because impossible steep

lot

mark, mark,

—

and

water

front

depth, zoning: come you

water

variance

appoint

address

must

when

Current

blank. Roll take No: time

a public Reference one or

Frontage,

Guide

SOUTH Planning

owners should

the Land: of Subject former the are same as District: The Districts the Townships. if you 1029) bill. on with tax the roll number long number (the beginning your are 040v050, it the numbers or 020 district is O10, 030, your Bedford; district is Storri or are the numbers 060 Loughborough; 070, your if ngton your numbers district is Portland. are 080, ;bill check are tax Lot not and Numbers: sure, Concession your if you address civic number has been not a civic Street Your Number: if a s space blank. s are whether or not you This Road/Street: Name applies of question

wish name,

all of address(es)

b. c.

Description

authorization.

may

the

You

person’s

The and

TOVVNSHIP

Page 167 of 249

Parking

Length years,

Water

their

Date

water

“yes” —

new

structures:

because

of 18

from

in a

lake.

cases

When

uses:

most

ng months?

exi

existing

acquired:

clear

For

are

you

the

not

take

e.g.

answer

example,

If you

did

—

answer

walls

are

granted made not

made

are

increase

10 build

on the

dwelling,

new

will are you be “vacant

the

same

screened

part

proposing

will

has

sure,

the

private

land

provide

possession

each

you

your

the

raise

must

but

used

best

for

some

property?

involve

ce, i

id invol ved. en

res

depart ment.

deck,

co nst ruc t

waterfront

residential

increase

building

estimate.

the

would

question.

well,

been

porch

this

this descri be of

now.

access

VARIAN CE

property. systems.

add

the

recreational

planning

on septic

development and

ANYTHING garages,

and

please

sections

land

only

property

can

MINOR

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

you

FOR amended

recreational

all complete your dwelling,

question

would

decks, proposed

addition

ALL

requires

this

must

structures

vacant,

You deck

“residentiaI”

section

vacant

relevant

APPLICATION c. P.13

only

business,

planning additions,

in be

words,

have

Please with

other

you

not

you

answer

currently

there

structures:

the is

construct columns‘

buildings:

Development: anything

under

it.

although

Structure:

that,

buildings

retail

FRONTENAC R.S.O. Act,

question

are If you includes

demo All a proposed addi is walls. If this

ion:

and

ANY

construction:

This

proposing to in separate

supply:

land

Date

are

residential,

This

SOUTH Planning

Generally, the land be described section 13 would

Uses: example, use to

include

would space.

basement

Raising

18)Uses

1 7)

existing

may find actually

instances.

there

“yes“.

e.g.

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buildings of your property. residence.

Uses:

and

Description are you information

Demol

Proposed question

Proposed but if, for the then described

from

the

Description

structure

1 2)

Buildings:

question

Existing

water.

TOVVNSI-IIP

Page 168 of 249

Drainage:

there

has

the

been

zoning

property.

Has

been

will you by—Iaw.

ever

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

known.

the

signed be application. sign must

Must the

the

front

sign

application,

system,

for

consent

any

(severance) th e

with

ma y

VARIAN CE

there deal

sion

but

NIINOR

commissioner applicati it can or

accepted.

were. to

signed

oaths

and

accurate,

of front

property,

a detailed, a professional dimensions

the

ob ab ly

the on property? other special the seller will pr

variance

of owner,

granted

with show be not

will

not

FOR

amended

subdi or information)

importance contract

constructed

granted the of

new

variance aware be

details

variance

the

are

minor

and

what

application

been

sewage

P.13

severance for this provide

probably If you

help

have

private

the We SKETCH: cannot stress enough need to sketch. You do not necessarily to are that drawn not scale, sketches but RULER), drawn neatly (PLEASE USE A not

this.

there number

the

can

that

APPLICATION

variance aware

variance: owner

currently

will

application

there

ditches

answer

FRONTENAC Act, R.S.O.

If yes: application

you

Minor time a for

specific

the

SOUTH Planning

is a current number. (Staff

consent:

etc.?

there

cases

If there the file

indicate

yes:

for Application the property?

for

most

Are drainage.

natural

Septic:

TOVVNSHIP

Vnset Map

/V.’

SOUTH FRONTENAC L

—HL—\

PL-BDJ-2023-0075 PL-ZNA-2023-0076 (MOR|N)(RODRlGUEZ) 3361 SCANLAN ROAD

Legend SCANLANROAD

subject Property Proposed Severance Wooded Area

Lake Trout Lake At capacity

Lake Trout Lake Not at capacity

—

1 Non—LakeTrout Lake At Capacity —

Waterbody Road

Retained Lands

Prommed bv me Cnumvot rrontenoo under hoense wnntne Omar» mnnatnrotNatorar Rcsourccs 9 W19‘: Pnmer tor Dmalm, 2022

Page 169 of 249

onw

scale: L:L,auu D

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(2.22

Page 170 of 249

Wooded

Retained Parcel

Area

2.4 hectares (6 acres)

0.9 hectares (2.2 acres)

Frontage on Road

56.7 metres (186 feet) on Scanlan Road

Frontage on Water

N/A

Structures Storage building

1 detached dwelling and several accessory buildings

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

Page 171 of 249

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

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Page 172 of 249

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 applications PL-BDJ-2023-0075 and PL-ZNA-2023-0076 be deferred. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 173 of 249

Report Prepared By: Tom Fehr, Planner

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

Page 174 of 249

Page 175 of 249

Page 176 of 249

area

and

<7/0;r‘e.

nature

14/

extent

the proposed

Please (I.e.

residence.

be public to

subject

lZYes

whether garage,

existing

the

there

shed.

uses

used road.

and

property

road?

the

are

etc.)

[,1/(1

EXISTING

74¢

land‘?

is by water approximate

any

road/lane):

IVIINOR

with

the

By—law:

VARIANC E

the

Zoni ng

maintained

road?

/Q/_ buildings

please distance

only,

‘7

parking from

the

/ ye/, _«1 €§/. (é’. J‘c »(< ’»./’/ la-9

the facilities

structures

indicate these

Yes

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/~~e///c"c,z/- . ca;/J“6?(é~~¢ ! C/QT

provisions

K/’Z——zc»ea/?é/’

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municipally

subject

the

Kane GQ’//e;~./7/‘//-/

the

used nearest

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Page 181 of 249

Monday, August 28, 2023 To Whom It May Concern, We are seeking a variance regarding the optimal placement to build our home & septic system on our existing lot. Our lot has an irregular footprint and dates back to the 1980s. We have diligently explored multiple placements of our home on our lot, aiming to fulfill the 30-meter setback requirement. Given lot limitations, aligning with this criterion has proven exceptionally challenging. We feel there is no way around the repositioning of our home and septic system. These are the development constraints that we have encountered: We need to carefully consider the established right-of-way for our neighbour’s cottage to ensure they have unobstructed access. 2. The positioning of the septic tank and system on our existing driveway, leading up by the garage, is necessary for multiple reasons: a) If we place it near our neighbour’s right-of-way, such as if we rotate the positioning of the house, their access to their cottage would be obstructed. b) An underground hydro feed is present at the beginning of our lot, connected to our garage. So, if the house is moved toward the hydro feed, we can’t put the septic system over top of it; and, c) Moving the septic system closer to the hydro feed would result in no driving access to our garage. 3. If placement of our home is near/on the rock outcropping (granite wall), it would mean removal of the rock outcropping. We want to avoiding removal of this rock as it is essential for these main reasons: a) It represents a natural formation intrinsic to our existing lot, b) As mentioned above, positioning our home this way would mean moving the septic tank and system closer to the hydro feed and/or our neighbour’s right-of-way, c) It serves as a buffer between our lot and the neighbour’s property, d) It would incur substantial costs, given that blasting would be necessary. e) If our home was positioned this way, we would not be able to have the spectacular view of our lake. We want to utilize that view as much as possible. If our home is positioned such a way, one view is a rock wall while the other are trees and a swamp bay. 4. We also applied for a variance for our septic system. As mentioned above, we feel the best place for the septic system is on our existing right-of-way (our current driveway). This variance would provide us with increased flexibility in terms of placement for the septic tank and bed. The goal is to avoid any interference with the existing rock mound near the tank placement and to ensure it doesn’t encroach upon our neighbour’s right-of-way. This rock mound is located on the right side of our existing right-ofway (driveway), facing West. 1.

In summary, our variance application for the 15-meter setback has been approved by the Cataraqui Conservation Authority. Considering the weight of these valid reasons, we maintain a firm belief that the positioning of our home, that is currently staked out, is indeed the most optimal choice. Your understanding of these development constraints is greatly appreciated. Thank you for your attention and support toward our application. Burt and Steacy Burns.

Page 182 of 249

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Page 184 of 249

August 18, 2023

CRCA File: MV/FRS/175/2023

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

Application for Minor Variance PL-ZNA-2023-0084 (Burns) Pt Lot 23, Concession 10; 1367 Burnt Hills Road ARN: 10290600601881000000 Storrington District, Township of South Frontenac Waterbody: Dog Lake (Rideau Canal)

The Rideau Waterway Development Review Team (RWDRT), made up of staff from Cataraqui Conservation (CRCA) and Parks Canada, have reviewed the above-noted application, and provide the following comments for the Committee of Adjustment’s consideration. Summary of Proposal The proposal involves the construction of a new single-detached dwelling and septic system on the subject property. The variance is requested to: •

•

Reduce the required setback from the highwater mark from 30 metres, as required by Section 5.8.2.a) of the South Frontenac Zoning By-law, to 15 metres to permit the construction of the new dwelling; Reduce the required setback from the top of bank from 15 metres, as required by Section 5.8.2.b) of the South Frontenac Zoning By-law, to permit the construction of the dwelling. Provide relief from the lot coverage provisions of the South Frontenac Zoning By-law, to permit an increase in lot coverage of the principal building to 5.3%.

Site Description

Page 185 of 249

PL-ZNA-2023-0084 August 18, 2023 The property is located on the southern side of Burnt Hills Road along the northern shore of Dog Lake, which is part of the Rideau Canal. The topography of the site can be characterized as rising steadily from the shoreline up to a plateau of land where the dwelling is proposed. To the northeast of the property is a low-lying bay with wetland habitat. There is currently an existing garage, as well as a trailer, gazebo, and shed, which are proposed to be removed. The rest of the property consist of cleared areas with some mature trees along the shoreline. Staff visited the site on August 10, 2023. The property is currently designated as ‘Rural’ in the Official Plan and is zoned ‘Limited Service Residential Waterfront’ (RLSW) in the Zoning By-law for South Frontenac Township. Dog Lake is zoned Environmental Protection’ (EP) in the implementing Zoning By-law. Discussion The main interests of the RWDRT with respect to this application are the avoidance of natural hazards associated with the shoreline and the protection of the cultural and natural heritage and scenic values of the Rideau Canal National Historic Site and UNESCO World Heritage Site. Natural Hazards / Ontario Regulation 148/06 Cataraqui Conservation, through our implementation of Ontario Regulation 148/06 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: The maximum recorded water level for Dog Lake is 98.95 metres geodetic. For Dog Lake, the maximum recorded water level is used in lieu of an engineered flood plain. Cataraqui Conservation’s Guidelines for Implementing Ontario Regulation 148/06 (see description below) require all development and site alteration to be set back a minimum of 6 metres from the regulatory floodplain of a waterbody. Based upon elevation mapping data and the site plan submitted with the application, the proposed development will be located outside of any area that may be subject to potential flood risk. Erosion: Section 5.8.2.b) of the Zoning by-law requires that no building or structure or septic tank installation shall be located within 15 metres horizontal of the top of bank of any embankment, the slope of which is greater than 30% from horizontal. Due to the bedrock shoreline and in accordance with provincial technical standards, CRCA defines the extent of potential erosion hazards to be 6 metres from the stable top of bank. Based on observations taken on site, the proposed dwelling and septic system will be located at least 6 metres from the stable top of bank. Therefore, the proposed development will be located outside the extent of the erosion hazard. CRCA staff have no concerns from a natural hazards perspective. If approved, staff recommend that proper sediment and erosion controls be incorporated into construction plans. Staff also recommend the maintenance and enhancement of a healthy buffer of native vegetation between all buildings/structures and the water, to help stabilize soils into the long-term. Page 2 of 5

Page 186 of 249

PL-ZNA-2023-0084 August 18, 2023 Heritage Values of the Rideau Canal The subject property is located on Dog Lake, part of the Rideau Canal National Historic Site and UNESCO World Heritage site. The Rideau Canal National Historic Site is valued in part for its historic, ecological and visual associations with shore lands and communities along the waterway which contribute to the unique historical environment of the canal [Parks Canada, Rideau Canal Commemorative Integrity Statement, 2000]. In addition, when the Rideau Canal was inscribed on the World Heritage List in 2007, the World Heritage Committee recognized a 30 metre buffer zone surrounding the inscribed property and recommended that consideration be given to strengthening the canal’s visual protection outside the buffer zone, in order to ensure that the visual values of the setting are protected alongside environmental values. In this sector of the Canal the buffer zone extends back from the high water mark of Dog Lake. Per the Operational Guidelines for the Implementation of the World Heritage Convention, effective management of a world heritage site goes beyond the property to include any buffer zone(s), as well as the broader setting. Ways this can be achieved are through limiting development within the 30 metre buffer zone, and by designing development to be unobtrusive, visually screened and integrated within the vegetation and topography. We encourage developing the property in a manner that complements the visual character of the landscape and minimizes visual impact on the protected heritage property. The use of building materials and colours that blend in with the surrounding landscape are encouraged. Earth tones and neutral colours are recommended for the finished exteriors. Reflective materials, such as galvanized and bare metals, particularly for roof coverings and support structures, are discouraged. In accordance with the PPS (2020), planning authorities shall strive to maintain, and where possible, enhance water quality through the review of development proposals. One way to achieve this and to protect natural heritage is through provision of an adequate riparian buffer or “ribbon-of-life”. A minimum buffer of 30 metres can provide a buffer of undisturbed soil and vegetation along the shoreline, which will help to filter runoff, prevent soil erosion, and provide wildlife habitat. Due to site constraints, the proposal maximizes the setback from the water and has been designed to complement the local landscape. For long term protection, we recommend preservation and, where possible, enhancement of the vegetative buffer between the proposed building and the water. This can be achieved through: • •

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

Page 3 of 5

Page 187 of 249

PL-ZNA-2023-0084 August 18, 2023 •

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

Over the last ten years, Parks Canada has been working closely with all 13 municipalities, three counties, two conservations authorities, the province and First Nations along the Rideau Canal as part of a collaborative working group called the Rideau Corridor Landscape Strategy. One of the initiatives undertaken by this group is the Principles for Good Waterfront Development. The 10 Principles provide helpful guidance when undertaking new development/redevelopment along the historic site. Recommendation In summary, the RWDRT has no objection to the approval of application PL-ZNA-2023-0084 based on our review of natural hazards, natural heritage and cultural heritage protection policies. We also recommend implementation of the above-noted best practice measures (in bold text) and advise the applicant that the CRCA permit issued for the development will need to be amended under O. Reg. 148/06.

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

Page 4 of 5

Page 188 of 249

PL-ZNA-2023-0084 August 18, 2023

Janelle Treash Resource Planner Cataraqui Conservation

cc:

Susan Millar, Planner, Ontario Waterways Unit, Parks Canada Applicant, via e-mail

Page 5 of 5

Page 189 of 249

To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: July 14, 2023 Minor Variance Application (S. 45(1) of Planning Act) Subject: PL-ZNA-2023-0084, Burns, 1367B Burnt Hills Road, Storrington District

Summary This report recommends that the Committee of Adjustment deny this application for zoning relief for a proposed single detached dwelling, as this application does not meet the four tests of a minor variance outlined in Section 45(1) of the Planning Act.

Background Official Plan Designation: Rural Zoning: Limited Service Residential – Waterfront (RLSW) Zoning Relief Requested Section 5.8.2 (a) – To permit a sewage system to be installed 27m from the highwater mark of Dog Lake, whereas the Zoning By-law requires a minimum of 30m. Section 5.8.2 (b) – To permit the dwelling to be setback 6m from the top of bank, whereas the Zoning By-law requires a minimum of 15m. Section 5.8.2 (a) & 10.3.1 – To permit the dwelling to be setback 15m from the highwater mark of Dog Lake, whereas the Zoning By-law requires a minimum of 30m. Section 10.3.1 – To permit the principal building (dwelling) to have 6% lot coverage, whereas the Zoning By-law requires a maximum of 5%. Related Applications The lands are not subject to any additional applications under the Planning Act.

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

Page 190 of 249

Township of South Frontenac Staff Report - PL-ZNA-2023-0084, Burns, 1367B Burnt Hills Road, Storrington District

Discussion Property Description The subject property is a lot of record measuring approximately 0.51Ha (1.25Ac) with frontage on Dog Lake. The property does not contain a principal structure, but is developed with a licensed trailer (By-law 2004-93), detached garage, gazebo and shed. The northern portion of the property is low-lying, before sloping upwards slightly towards the centre, where the proposed dwelling would be located. Dog Lake spans along the east and southern lot lines with the shoreline areas being characterized by steep slopes and mature vegetation growth. The interior of the property features some cleared areas, and some forested areas. In particular, the northern portion of the property and the location of the proposed dwelling are mostly cleared of trees. A granite outcropping runs along the west side of the property, running from the shoreline in the south to approximately 1/3 the property length. Further, there is an existing right-of-way for the abutting property which runs along a portion of the western lot line. Finally, the surrounding areas is characterized by waterfront residential development. Summary of Proposal This proposal seeks relief from Zoning By-law No. 2003-75 to permit a single detached dwelling and sewage system on the subject property. The applicant is proposing to construct a 273sqm (2938.5sqft) single detached dwelling. The proposed dwelling will have a height of approximately 6.7m (22ft) and will feature a below-grade unfinished basement, a main floor, and an attached garage. The proposed location of the dwelling is on the southern half of the property, with the attached garage being accessed via the right-of-way along the western boundary. In order to accommodate this location, a portion of the granite outcropping will need to be removed. The proposed single detached dwelling requires zoning relief in order to be located 6m from the top of bank and 15m from the highwater mark of Dog Lake. Further, relief is required to permit up to 6% lot coverage. Finally, the proposed sewage system requires zoning relief to be setback 27m from the highwater mark of Dog Lake. With the exception of the existing garage, the applicant intends to remove the existing licensed trailer, gazebo and shed from the subject property to accommodate development. Agency Comments The Rideau Waterway Development Review Team, in a letter dated August 18th, 2023, stated they had no objection to the approval of the application based on their consideration for natural hazard, natural heritage and cultural heritage protection policies. Further, RWDRT recommend that proper sediment and erosion controls, as well as the maintenance and enhancement of a healthy shoreline buffer. CRCA staff also noted that the proposed development is within the area regulated by O. Reg 148/06, therefore a permit from their

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

Page 191 of 249

Township of South Frontenac Staff Report - PL-ZNA-2023-0084, Burns, 1367B Burnt Hills Road, Storrington District

office will be required for the construction of the proposed dwelling and the septic system should the variances be approved. Building Services conducted their sewage system review, and concluded there was adequate area on site to accommodate the installation of a Class 4 sewage system. Public Comments No public comments were 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. All four test must be met for an application to be approved. It is the opinion of Township Planning staff that the proposal does not meet all four tests as explained below. Does the variance maintain the general intent and purpose of the Official Plan? The variance would facilitate the construction of a single detached dwelling on lands that are designated Rural in the Official Plan on Schedule A. The type and amount of development on rural lands must maintain rural character, natural heritage, and cultural landscape in the Township. The proposed single detached dwelling is a permitted use within the Rural designation. Section 5.2.4 of the Official Plan states that the Township will direct development or site alteration away from lands which may be subject to shoreline erosion hazard. This is typically addressed through a 15m setback from the top of bank, as required by the Zoning By-law. The RWDRT estimated the extent of the erosion hazard to be 6m from the stable top of bank. As the proposed development would be setback 6m from the stable top of bank, Township Planning staff are satisfied that the proposed development would not result in, or be impacted by, a shoreline erosion hazard. Section 5.2.7 of the Official Plan requires all buildings and structures to be setback a minimum of 30m from the highwater mark of lakes and rivers. The purpose of these measures is to minimize the environmental and visual impacts by reducing phosphorus inputs, preventing erosion and by maintaining the natural appearance of shorelines. Further, section 5.2.7 states that consideration may be given to slight reduction to the minimum 30m setback, but only if it is not physically possible to meet the setback anywhere on the parcel. Where it is not physically possible to meet the setback, then the structure shall be constructed as far back as possible from the highwater mark. The subject property is long and narrow, with shoreline extending along the eastern and southern property lines, and a right-of-way along a portion of the western property line. These features may constrain the ability to locate a fully compliant building and sewage system on the property. However, Township Planning staff www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 192 of 249

Township of South Frontenac Staff Report - PL-ZNA-2023-0084, Burns, 1367B Burnt Hills Road, Storrington District

are of the opinion that the proposal, as presented, does not maximize the setback from the highwater mark. For example, the proposed dwelling could be re-oriented, so as to run length wise on the property. This would increase the setback of the proposed dwelling from the highwater mark and would not compromise its functionality. It would maintain the proposed septic system location and would likely reduce the amount of granite ridge removal required. The provisions of 5.2.7 also extend to the location of new septic systems. The proposed location, just to the east of the existing driveway would place the system approximately 27m from the highwater mark of Dog Lake. The setback has been maximized given the existing topography of the property and the proposed house location. As such, Planning Staff are of the opinion that the proposed request for the septic system is appropriate. However, Planning Staff note that there may be alternative locations if the proposed dwelling were to be located elsewhere on site. It is the opinion of Township Planning staff that proposed variance does not the general intent and purpose of the Official Plan policies related to development within environmentally sensitive areas. Does the variance maintain the general intent and purpose of the Zoning By-law? A single detached dwelling is a permitted use within the RLSW Zone. The proposed dwelling would comply with all requirements of the Zoning By-law, except for the minimum setback from the highwater mark, minimum setback from top of bank and maximum lot coverage. Further, the proposed sewage system will not comply with the minimum setback from the highwater mark. Section 5.8.2 of the Zoning By-law directs development away from slopes which are greater than 30% from horizontal. This is typically accomplished through a 15m setback, whereas the proposed structure is to be located 6m. With this setback distance, the proposed dwelling would be located outside of the extent of the erosion hazard. Further, the incorporation of appropriate erosion control measures and maintenance of a health shoreline buffer will assist in stabilizing the soil. Therefore, Township Planning staff are satisfied that the proposed development would not result in, or be impacted by, a shoreline erosion hazard. The General Provisions and the RLSW zone require a 30m setback from the highwater mark of a waterbody. As discussed in a previous section of this report, the purpose of this setback is to minimize environmental and visual impacts to the lake. The subject property features several constrains which would limit the ability to locate a fully compliant house and septic system. Specifically, the existing right-of-way and the shoreline extending around the eastern and southern lot lines. However, the proposed setback distance of 15m does not represent the maximum setback possible for the dwelling. The proposed orientation described in a previous section would not only maximize the shoreline setback but would also reduce the need for site alteration related to the granite outcropping. For this reason, Township Planning staff do not support a reduced setback to 15m for the dwelling. With respect to the sewage www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 193 of 249

Township of South Frontenac Staff Report - PL-ZNA-2023-0084, Burns, 1367B Burnt Hills Road, Storrington District

system, Building Services concluded that the proposed location was appropriate. Given the topography of the property and existing tree cover, it is unlikely that a reduced setback from the highwater mark would result in a negative impact on Dog Lake. The RLSW zone permits a maximum of 5% lot coverage for the principal dwelling. The maximum lot coverage value is intended to control the scale and density of development, avoid an overdeveloped appearance of a lot and shoreline, ensure there is adequate landscaped space, and to minimize site disturbance and vegetation removal. The proposed dwelling would require an increase in lot coverage up to 6%. This scale and density of development is not out of character for the area and is unlikely to conflict with surrounding properties. As such, Township Planning staff interpret the proposed 1% increase in lot coverage as acceptable. It is the opinion of Township Planning staff that the variance to allow a dwelling to be setback a minimum of 15m from the highwater mark does not maintain the general intent and purpose of the Zoning By-law as there are options available to accommodate a greater setback. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The proposal would facilitate the removal of a licensed trailer (By-law 2004-93) in favour of a single detached dwelling, thereby bringing the use of the subject property into compliance with the RLSW zone. Township Planning Staff interpret this as a general improvement over existing condition. However, because the subject property previously lacked a principal structure, Planning Staff have concerns about the impact of the proposed structure on the surrounding area, specifically related to its proposed setback from Dog Lake. As previously described, the subject property does feature physical constraints. However, there is additional space on the property to accommodate the dwelling at a greater setback from the highwater mark of Dog Lake. Alternatives to the current proposal exist, including the re-orientation of the dwelling or the selection of building plans which better suit the configuration and constraints of the subject property. If implemented, such alternatives would improve upon the proposed 15m setback, and could potentially allow for a dwelling which complies with the performance standards of the Zoning By-law. As such, it is the opinion of Township Planning staff that the variance to allow a dwelling to be setback a minimum of 15m from the highwater mark is not desirable for the appropriate development or use of the lands in question. Is the variance minor? Considering whether an application is minor is not based on the numerical value requested, but rather it is focused on whether the impact of allowing the requested variance is minor. This included considering how the proposed development could impact the subject property, www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

Page 194 of 249

Township of South Frontenac Staff Report - PL-ZNA-2023-0084, Burns, 1367B Burnt Hills Road, Storrington District

neighbouring properties, Dog Lake, and the riparian area which exists within 30m of the shoreline. Township Planning Staff are not of the opinion that the proposed variance to permit a 15m setback from the highwater mark of Dog Lake, is minor in nature. The setback from the highwater mark of Dog Lake has not been maximized. The proposed 15m setback reduction has the potential to cause negative impacts, due to its size, and its close proximity to Dog Lake. The requested variance, as presented, does not meet the general intent and purpose of the Official Plan, does not meet the general intent and purpose of the Zoning By-law, and is not desirable for the appropriate development of the lands. A preliminary site visit was completed by planning staff on August 17th, 2023, and a second site visit with the applicants was conducted on August 25th, 2023. Further, the applicants submitted a letter on August 29th, 2023, outlining the physical constraints of the subject property. Based on the site visits and a review of the submitted letter, it is the opinion of staff that there is additional space on the subject property to accommodate a greater setback from the Highwater Mark of Dog Lake.

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, deny minor variance application PL-ZNA-2023-0084. If the Committee of Adjustment decides to approve minor variance application PL-ZNA-20230084, then the following conditions are recommended:

The minor variance is for a single detached dwelling and septic system. The dwelling is permitted to establish a minimum 15m front yard and setback from the highwater mark of Dog Lake (measured from the eastern shoreline), as well as to be setback a minimum of 6m from the top of bank. A maximum 6% lot coverage is permitted for the principal dwelling. The septic system is permitted to be setback a minimum of 27m from the highwater mark of Dog Lake. The location of the single detached dwelling and the septic system must be generally consistent with the sketch submitted by the applicant on July 17, 2023.

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

Page 195 of 249

Township of South Frontenac Staff Report - PL-ZNA-2023-0084, Burns, 1367B Burnt Hills Road, Storrington District

The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated. b. Roof runoff will be directed away from the shoreline of Dog Lake and neighbouring buildings and structures and discharged to natural or constructed leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads to reduce the velocity of runoff. c. A natural vegetated buffer must be maintained in its natural state within 30 metres of the shoreline, excluding the immediate area around the dwelling and septic system.
A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac.
Minor variance PL-ZNA-2023-0084 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP MCIP, Senior Planner

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

Page 196 of 249

Page 197 of 249

U00”.

Page 198 of 249

Noah Perron

gtlia? ‘4’ gf?dmrr

Date of preconsuitaiion: ‘

‘J”“e 3”» 2°23

File No:

.447

Lot Number.

Loughborough

Part Number(s):

lg‘. U. [IL ‘ix.

‘

Stqrringfon

rphkes b6h?§ff6f’ihéowhér§‘i‘dr’f> of

Nam:-:c2i;‘i4R’E::§§i?S:‘;i“:“éé‘t’ tE‘;»:”:

Portland

Referlenoe Plan Number. I437 940 ‘LQ§D? -0099 Roll Number‘. 949’”

Streeiiiumbei: I

Bedford

CuncéssionNumber.

District

bf the subject land: The riescription

Signa;iure(s) Owher(s)

Agent as named abeve is hereI:y.au’ihorizedto écton procejssingthis application for MinorVariance.

Agent :_1fA!.iti1orized EmailAddress

Phone number of AuthorizedAgent:

Agent: Full Maiiihg AddressypfAuthorized

Name of AuthorizedAgent

is NOT the owner (if the subject land, the wriiien authorizationof the owner that if ihefapbiicam the appliratiori. rnusf aocnmpanythe application. the applicant is authorized in make

of Owner(§): EmailAddress

Phone numherof Owner(s):

Full Mailin Address of Ovlme s ;

Nameof0wner(s):

pignner;

for this aiiplica?on / Pre—Consi;iIiation

Planning Act, R.S.D. 1990, c. Pfiii as amended

FOk MINbR VARIANCE OF SOUTHFRONTENACAPPLICATION f0WNSHIP Date Received:

Page 199 of 249

57"‘

Lake)

Area:

/«w

7, /

’

//"’

‘/0///.‘_«:»,‘/{(1 5 ,y,.t(

‘_/,/gmpssm

«.5/r.,;r~.

4/. /34}

7‘,

at/="//i,i K

OR a privately maintained road’?

////:~

,:./,,/

P<]No

(l.e. residence, garage. shed, etc.)

Please indicate whether there are any EXISTINGbuildings or structures on the subject land,

QEST QILO l>u>u.’:\4 i>m‘,~ln\a/I

What are the existing uses of the subject land?

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

S4v>M’.\l LWNI?

Name of Road/Lane:

16”‘ (MW Lane)

,//$6-M7: (.L—r(,<f1I/17L,5%’ 4/ ,,__ /frjr/K/C/It

0-9A

Frontage (on road/lane):

The natureand extent of the relief from the Zoning By-law;

RLSW

The current zoning of the subject land:

Depth:

Frontage (on water): 114"‘ (B”°k

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

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

Does the subject property front on a municipally maintained road?

in/A-9 '

Page 200 of 249

Page 201 of 249

TOWNSHIP

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

zguea? —?/ M/oorrvtss

Setback from Side Lot Line

I :r

t 1 ‘1’

gr’

Zv//x 2/7’

2/ ?x

é»$

4.7.!»

(3) (4)

If yes, please provide details:

Yes

MNO

lfthe subject is on waterfront, and on a private lane, the setback from the front lot line and the setback from the high water mark willbe the same,
The dimensions required in this question relate to the NEW CONSTRUCTION ONLY. and NOT to the total size ofthe completed building.

property

%’

Z; 5/

12-’

(2)

Do your plans include any DEMOLITION of existing structures?

NOTES:

Setback from High Water Mark (If applicable)

Dimensions of Buildinglstructure

Outside

‘::,3:,m;.;:i"°

Height of Building I

/ éé

Setback from Rear Lot Line

Setback

3,5’

(1!

from Front Lot Line

Type of Structure (E.g. residence)

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

Page 202 of 249

Page 203 of 249

Page 204 of 249

TO INDEMNIFY AGREEMENT

Planning Act, R.S.O. 1990, c. R1 3 as amended

until

agrees than such requests have been complied with, the municipality The Ow’nerIApplicantIAgentfurther ‘on or attend or be represented at the Ontario Municipal willhave no corrtinuhc)obligalionrto process the app Board or any court or other administrative proceeding in cormec?on with the application: _

The OwnerIApplicanilAgenifurther agrees is provide the municipality, upon request and in cases where an applicatiomhas beenappealed to ihe Ontano Municipal Board, with a deposit (ever and above ihe normal from whichthe munidpalitymay, from time -intime chargeany fees and expenses incurred by applicariionlfee), the municipality in order to praeess the application‘. if such appeal expenses exceed the deposit, the shall pay the difference férlhwiih upon being b?led by the municipality,with interest at the raise On/nerlApp‘iicant af'1.25% per month (15% per annum) on aqeounis overdue morethan 30 days,

—

of consullants, Without limiting the foregoing, such fees analexpenses shali include the fees and expenses planners, engineers, lawyers and such other pmfessionai and temnical advisers as the municipalitymay, in 1'15 discretion aoling reasonably, consider necewery at advisable h: more properly process and support absolute . the appiioation,_

council’s

The OwnerlA;ip|icaniIAgeht agrees to reimburse and indemnify the municipalityfor aiifees and expenses by municipality to process the application. including any fees and expenses attributable to incurred the the Ontariu MunicipalBoard or any court or other admiriisiralive tribunal if necessaryto proceedings before support applicatien. defend decision to ihe

appropriateness ofihe site fo_ri.l1e proposed development.

appmpriate Conservation Authority, may enter onto the subjec: property for the purpose of detennining lhe

agrees that the infbrineiion recorded in this lvlinor variance AppiicaijonFarm is The QwnerlAppIican‘ilAgerrE of ihe agrees that Tmgnship OwnerlApp?cantlAgem representatives and. whereapp?cable, the aceurate.The

‘

TOWNSHIP OF SOUTHFRONTENACi/XPPIJCATION FOR MiNOR"VA.RlANCE

payment of _Attachedto this applica?nnis a cheque payable in the Township of South Frontenac representing the applicationfee.

Page 205 of 249

Page 206 of 249

Page 207 of 249

Page 208 of 249

I50

Ref 0:

23-0525

Regort ‘JDraw.”

Jo.

l::|

4 .75

makes

mes

EXISTING DWELLING (mos MINI LANE)

GENERAL All cousmucnou qlnuumucwuaxwwsma

APPROXSMATEOUTLINE OF W/\TER’S EDGE

mm unzams : All as m we auwuo ammmscons (nan As A usaaao. onmu ALLNEEESSARVazaurrs.LOCATES, arc. mun mm Y0 cons: manna commcvoa sum connamu uansuasusmsmmcounmn uson ma mv unscawucnss swu as xuusawaur nnauem YO ms mam an as ms SIRUGYHRAL ENGINEER. F0lLOWMANUFAc1LIRER‘S|NsYR\1c‘lIaNS ma ALL nsranaasu xwscruas ALLusasuamauvs ARE IN mcnesumsss omanwnssuorsa. swear»: I amce A5 NECESSARY. auums AND mamas In as cuusraucvsuas aza saw or me vmmzlu aunmmncons concaamroumuman suaamas ran vazsnaxazu suxaava: rouunmou 10 as uum mam: uAnvE sun on souun asnnnck. smwuua Mnsams run sun rour<n/mow sun at: comm -.u rouse». muamzuPanama wucmuunnvasnsnv. cmncnavs10 couruau 1o <:sA A2: «A21: cnucaata saw. as mm A!‘ an aura lsxposuna cuss on w n s.n9‘.NR ACCORDMEE win:

. .

ENVRAINMENY.

51-Ear »

éié BUCK LAKE

E‘

APPROXIMATE LOCATION or PROPOSED DETACHED GARAGE

area azmrnacameuv-noas am: «Jaw. ANDsum causnn» ru csn czma LAP spucas ma wsuwas sun as mmmm24-. mmuu cm covaa 10 as 3’ ma runes EASY AGAINSTAND azammzmu sxaoseo to an m.mu 2:‘ umass omsavvnssNmsn. STEELmanna amrs ma mmmvzn nous smu. causmw to am 5155A (cams asmmas new marmvmuzsn.ACCOMPANYINGasmw Muss « NM5 sum uso as nor mac.-uwnmxza.

arssa nous PEN Asm m7, wean Au. umaea sum courmmm we asuumansms or me sn- man smnmn muss as me «mom HJMBERmwzss AUINDRITV. ma ro ct I.!:sA can uaa. ENGVNEEMNGnsaueum woou.A1L umaearoassume «raspALLumasa w cnumrt mm:cownnsusemu near me neon‘ wants or CANICSAcan mm 7011 won aassaavxwouowas wnovmsm um szawman ans: . NAILINGor svaucwa:-s woaasucow-onsms m n: anus m, zccnamcz wrm soon s-menusma ma xzumaauzmscwma oumuu- uuamccuas maczu1:)As mmnsn. mwucn AS asa cnmcsa015: mu osa As asa wucsn mas

msul/man:

msuwxm ran sua rauun/mun SHALL as 2Pam »vRENE ows) msuumou oa wmcup a saws msuumou sua «r was VKIEKEVmenumi FROM!’ as 2rusawao an IDINSML/\1lcN on APIHUVEDzqunmann vwmnazo sams. (aownua

sxrauozu naaaovsasuuwnsnn . mcm mu ransmumowsu ruuuumou unasn sun exvaunsaamvswaans

nous musszs uesxcu av omensnoor masses my azuumao mam arucme m as uE5IGNr- AND msuuza AS asa muurscvuasaa svamrscmaus

msmmnu» smu suuawms sums acsucum: ma me Hi mama. INSYALLl\1lDN.llE£HNNNING,/\ND or mar muasss aa.«cms ‘

CONCORD ENGINEERING 755

mum z-m-n Prujact:

J1 M.FARRELL

100198860

Crunenl

ammo K7M an ln1v9ennI:urdon(|nue?n(.cn

Proposed

m: ar ur

Pu:

an-4557

3:14-4:15:

Detached Garage

l006 Mini Lane

Page 209 of 249

South Fmn|una=,

LOT PLAN Designer‘. Mr

Dwn hy‘

1,15.‘

Chd byzgo

»ane:22__,U"_23

Page 210 of 249

LE? Map

‘

:§N

SOUTH FRONTENAC PL-ZNA-2023-0085 (WHEELER) 1006 MINI LANE Leqend

Subjed Properly

’///I Prwmauy Sxgnflcanl We?and We?znd Wooded Area

Lake Trout Lake At capacuy

mks mm Lake Not at (hpacwty

[

J Non—LakeTrout Lake Al Capacxty

—

“_’_I Townsmp Boundary Road Railway

mama bv he Cnumvm Frontenac under hoznse wnnthe omm MmxstrvmNature! Rcsourccs 9 km Pnmer tor om.” 2022 WM: me Caww make: evervemmm msulelhm me Lniarmahon mama usesonms map‘ here LI an V! zccurale?orthe mapmrvg mhavem Mm: m 1“ rnavbwvq pramm and azcuvzcyo?hz cannot be guaranteed man pnssxmeuse: Tm: map ham: lowyravmc matures MW

wmmea

Page 211 of 249

mm:

S(a\e:1:5S0

4 75

um Zone 18 NAD33 Date 20230748

1006 Mini Lane

Legend Road Highway Major Road Secondary Road Ferry Route

Assessment Parcels Waterbody

Page 212 of 249

0.1

1: 1,128 0

0.03

0.1 Kilometers

Notes Proposed detached garage - 26.2 m from Buck Lake, 10 m from top of bank and 2 m from rear lot line

Page 213 of 249

1._6..__, __T19._6..

EAST ELEVATION

24:

24-

NORTH ELEVATION

j___:19-_6–L.

24’

2._2..

LGRADE

SOUTH ELEVATION

__1._8..

WEST ELEVATION (FRONT)

9’W x 8‘H GARAGE DOOR

24‘

2._2.. ___,

9’W X 8’H GARAGE DOOR

‘-

Designer:

C”~=M=

Detached Garage

’“’°"°““""‘

Frontenac.on

um; Lane

Brion Wheeler

°°"“’°’

Suulh

1905

Proiecl: Propused

I7.-mull: InIubcuncor-iengIneerIn(.cn

755 linker Crelcunl Klnpnnn, Unlnrlo K711 BP5

“ax:

Tel:

61:

634-4551 0:14-4:53

ENGINEERING

CONCORD

Ref.No.: 23-0525 I Report No. Drowin No. 2/8

Page 214 of 249 24’

FOUNDATION PLAN

SLAB THICKENING TRANSITIONLINES

INSULATION FOR SLAB FOUNDATION UNDER 16" WIDE SLAB THICKENING ALONG FRONT WALL SHALL BE 2" EXTRUDED POLYSTYRENE HIGH-LOADRIGID INSULATION(DOW HI-40 OR APPROVED EQUIVALENT) WITHTAPED SEAMS.

8" CMU CURB-X

No. 3/8

Crucenl Inn

1005 Min: Lone

Designer:

Brion Whuclcr

D’0*I"95 Foundnlion Plan C“¢“li

Tel:

Flt:

BID ?ll-4333

ENGINEERING cm 034-4357

moo-:aneam.n.snmcn..u

anurlo

°”

Proiecl: Proposed Detached Garage

2-mu:

Km;-tan,

‘I55 Biker

CONCORD

ROUGH OPENING SIZES FOR GARAGE DOORS HAVE 3" ADDITIONALWIDTH

ROUGH OPENING SIZES FOR DOORS HAVE 5" ADDITIONALWIDTH

IMPORTANT NOTES:

Drawin

Ref.No.: 23-0525

Page 215 of 249

4’ OF WING INSULATIONR

UNDISTURBED NATIVESOIL

,1 '

°°NT"“”°”5

4'15”

8" SOLID FILLEDCMU

em“ POLYETHYLENE SHEET.M|N‘ 12 OVE R LAP AT J DIN-I-S

SILL PLATE W’TH GASKET

6x6, 998WELDEDWIRE MESH (IMPERIAL: 6x6 W1 .7/1.7) (METRIC: 152x152 MW11.1/11.1) ‘MEN 8" OVERLAF‘AT JOINTS

DEEP CONTROL JOINTS 1%" SAWCUT AT 12’ O.C. MAX.SPACING (FILLED WITH POLYURETHANE CAULKING)

CA)S LAB S

ON / D

2" THICK RIGID INSULATION (R10) (PROTECTION BOARD REQUIRED WITH LESS THAN 12" COVER)

“v‘l]?J?gmEn:1E_F__T:“m :?_.—

‘-I|1—III—~—II

COMPACTED CRUSHED LIMESTONE (TOP 6” TO BE 5}” MINUS)

INSULATION ABOVE GRADE

LATHWITH PARGING To COVER _,

DRIP-EDGE FLASHING (W,TH 6-. RETURN BELOW AIR BARRIER)

10M (12"x24") AT 24" 0.0. -HOQKED BELOW UppER 15M BARS

ANCHOR BOLT AT 4’ Q_C_

————MIN

——

Frontenac.ON

(Mun

C’i°“I=

Designer:

Wheeler

Dr0win9=rounaauonScclian / DeIuII

South

Detached Garage Mini Lon:

I006

Proposed

alt!

0214-4357 034-435:!

ENGINEERING Fun:

Tel:

C0 N C0 755 Biker fkelcenl Klnpman. nnurlo Km (IFS I-2-mull: I..ym…….I….I…..I……

Project:

CONCRETE FOR SLABON GRADE SHALLHAVE A MINIMUMCOMPRESSIVE STRENGTH OF 32MPa, 5-8% AIR AND CONFORMTO ENTRAINMENT. EXPOSURE CLASS C-1 AS PER CSA A23.1

Ref.No.: 23-0525

Page 216 of 249

GARAGE

3-PLY

24’

1 ‘5

2—PLY2Xe WINDOWHEADER

2-PLY 2x8 DOOR HEADER

133%”

2.0E LVL HEADER

PRE-ENGINEERED ATTIC/ROOF TRUSSES AT 24" 0C.

MAIN FLOOR PLAN

2*” 2*“ DOOR HEADER

2-PLY 2x8 WINDOW HEADER

STAIRCASE WI GUARDS CONSTRUCTED AS PER OBC 2012 (RUN: 1013;" MAX.) MIN. (RISE: 4%" MAX.) MIN. 7,1,"

2-PLY 2x8 WINDOW HEADER

—

Designer:

Clicr-!=

K71! DPS

Dclached Goruqc Mini Lane

Brian Wheeler

South Frontenac. on

1006

No. 5/8

Drowin

Tzl: Pu:

634-4357 634-4353

Dulc:22_Jun_25

613

ENGINEERING

CON CO ln(nD:uncarden[inur|n[.c| Proposed

R-mull:

Crucenl

xcnpnnn, out-no

755 Biker

Project:

23-0525

Ref.No.:

Page 217 of 249

1095" 43"

RCASE WI GUA STRUCTED AS OBC 2012 (RUN: MIN. 13}; MAX.) MIN‘ 7%," (RISE: MAX.) C

RED

TRUSSES AT 24’’ OC.

ATTIC]

PRE~ENG

EXTERI

23-0525

ENGINEERING

CONCORD

Ref.No.:

Page 218 of 249

GUARDS/RAILINGS OMITTED FOR CLARITY

PRE-ENGINEERED ATTIC/ROOF TRUSSES AT 24" OACI (DESIGN BY OTHERS)

—

[WSLAB

GARAGE FLOOR ON GRADE)

(RUN:10%“M|N–13%“MAX-) MIN, 78"MAX.) (RISE: 43%”

STAIRCASE W/ GUARDS CONSTRUCTED AS PER OBC 2012

MIN.2—PLY2x8 FLUSH BEAM STAIR HEADER

~cEOF°‘?

E-mI|I:

K7! ups

Brian Wheeler

Designer: Mr

Client

Fronlcnumon Loft Floor Plan

Drawing:

South

Detached Garage Mini Len!

I006

Proposed

Tel: I’ll:

015 all

B36-4353

031-4351

ENGINEERING

CONCORD InIoomm.men.Inunn..c.

155 linker Crucenl l?ngnlolu. ommu

Project:

23-0525

Drawing No. 7/8

Ref.No.:

SHEET 8/8 FOR SPECIAL FRAMING REQUIREMENTS OF WEST (FRONT) WALL

TYPICALEXTERIOR WALLASSEMBLY: VINYLSIDING AIR BARRIER(HOUSE WRAP) I THICK PLYWOOD SHEATHING

2x6 STUDS AT 16” O.C.

9 y?‘

‘SEE

TYPICALROOF ASSEMBLY:

ASPHALT SHINGLES OR STEEL ROOFING
UNDERLAYMENT PER MANUFACTURER INSTRUCTIONS t THICK PLYWOOD SHEATHING WITH H-CLIPS 0 PRE-ENGINEERED ATTIC/ROOF TRUSSES (DESIGN BY OTHERS)

Page 219 of 249

CONTINUOUS 15M SLAB PERIMETER BARS

FASTENED TO UNDERLYINGFRAMING MEMBERS USING 0.131% x 2;“LONG wIRE NAILS AT 3” 0.0

g"THICK PLYWOOD SHEATHING

3-FLY 1%“x9,” 2.0E LVL

. .

3-PLY 1§“x9%” 2.oE LVL

3'73

SIMPSON STRONG-TIE HTT4 HOLDOWN WITH THREADEDROD HOOKED UNDER LAYER OF 15M PERIMETERBARS

SIMPSON STRONG-TIE cs1e COILED STRAP FASTENED TO INTERIORSIDE OF FRAMING oN EACH SIDE OF OPENINGS (TYP.)

Crelcznl

xvu ars

Frontenac.ON

Brion Wheelzr ,4;

Client Designer:

Dru-““9: Lull Fluor Plan

South

Detached Garage Mini Lane

I006

D13 630-435!

ENGINEERING on 034-4337 FIX:

Tel:

CONCORD Inl’uOconI:nrden||neH|n|.c-

Unlulo

Proposed

xinpmn. B-mail:

755 Biker

Project:

Ref.No.: 23-0525 1 Regort No. Drawin No. 8/8

Page 220 of 249

August 1, 2023

File: MV/FRS/174/2023

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

Application for Minor Variance PL-ZNA-2023-0085 (Wheeler) Pt Lot 25, Concession 14; 1006 Mini Lane Loughborough District, Township of South Frontenac Waterbody: Buck Lake

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

• •

Reduce the required setback from the highwater mark from 30 metres, as required by Section 5.8.2.a) of the South Frontenac Zoning By-law, to 27.4 metres to permit the construction of the new garage. Reduce the required setback from the top of bank from 15 metres, as required by Section 5.8.2.b) of the South Frontenac Zoning By-law, to 10 metres. Provide relief from the South Frontenac Zoning By-law to allow the garage to be constructed within 5 metres of Mini Lane.

Site Description The subject property is located on a peninsula of land separating two small bays along the eastern shore of the north basin of Buck Lake. The topography of the site varies along the shoreline, with multiple slopes/levels in the area where the development is proposed, and the entire property gradually sloping up towards Mini Lane. The property currently contains a residential dwelling and two accessory sheds. There is mature tree and vegetation growth along the shoreline.

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The property is designated Rural on Schedule A of the Township of South Frontenac Official Plan and is zoned Limited Service Residential – Waterfront (RLSW) in the implementing Zoning By-law. Buck Lake itself is identified as a highly sensitive Lake Trout Lake in the Official Plan and is zoned ‘Environmental Protection’ (EP) in the Zoning By-law. Discussion Cataraqui Conservation’s scope of review for this proposal includes the avoidance of natural hazards (e.g. flooding and erosion) associated with the shoreline of Buck Lake. Natural Hazards Flooding: The highest recorded water level for Buck Lake is 133.16 metres geodetic. For Buck Lake, the highest recorded water level is used in lieu of an engineered flood plain. Cataraqui Conservation’s Guidelines for Implementing Ontario Regulation 148/06 (see description below) require all development and site alteration to be set back a minimum of 6 metres from the regulatory floodplain of a waterbody. Based upon elevation mapping data and the site plan submitted with the application, the proposed garage will be located outside of any area that may be subject to potential flood risk. Erosion: Section 5.8.2.b) of the Zoning by-law requires that no building or structure or septic tank installation shall be located within 15 metres horizontal of the top of bank of any embankment, the slope of which is greater than 30% from horizontal. The garage is proposed to be located approximately 10 metres from the top of bank of a roughly 3.5 metre high slope between the immediate shoreline slope, which levels out in this area, and rises again up towards Mini Lane. CRCA regulates up to the full extent of the upper slope in this location. The upper slope consists of bedrock with till overburden. CRCA, in accordance with provincial technical standards, defines the extent of potential erosion hazards in this area to include a stable slope allowance of 2(vertical):1(horizontal) plus an erosion access allowance of 6 metres. Therefore, staff estimate the total erosion hazard to be approximately 13 metres inland from the toe of the upper slope. Based on LiDAR elevation mapping and the site plan submitted with the application, the proposed garage will be located outside the extent of the erosion hazard. Staff therefore have no concerns from a natural hazards perspective. If approved, staff recommend that proper sediment and erosion controls be incorporated into construction plans. Staff also recommend the maintenance and enhancement of a healthy buffer of native vegetation between all buildings/structures and the water, to help stabilize soils into the long-term. Recommendation In summary, staff have no objection to the approval of application PL-ZNA-2023-0085 based on our consideration for natural hazard policies.

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We also recommend implementation of the above-noted environmental mitigation measures (in bold text) and advise the applicant that a CRCA permit is required for the proposed development under O. Reg. 148/06.

Ontario Regulation 148/06 Please note that portions of the subject lands are subject to Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses, which is administered by the CRCA. The purpose of the regulation is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected by natural hazards, such as flooding and erosion, and that the changes do not put other properties at greater risk from these hazards. For this property, any development (buildings and structures) and site alteration (excavation, grading, placement of fill) within 15 metres of the floodplain of Buck Lake (the elevation 133.16 m geodetic) or within 35 metres of the toe of slope of the shoreline is subject to O. Reg. 148/06. Therefore, a permit will be required from our office for the proposed development. The landowner(s) are advised to contact CRCA at the building permit stage for more information about permitting requirements under O. Reg. 148/06. Please inform this office of any decision made by the Committee with regard to this application. If you have any questions, please contact the undersigned at 613-546-4228 ext. 239, or by e-mail at jtreash@crca.ca. Yours truly, . Janelle Treash Resource Planner

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To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: September 14, 2023 Minor Variance Application (S. 45(1) of Planning Act) Subject: PL-ZNA-2023-0085, Wheeler, 1006 Mini Lane, Loughborough District

Summary This report recommends that the Committee of Adjustment grant approval of this application for zoning relief for 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: Limited Service Residential – Waterfront (RLSW) Zoning Relief Requested Section 5.8.2 (b) – To permit an accessory structure to be setback 10m (33ft) from the top of bank, whereas the Zoning By-law requires a minimum of 15m. Section 5.8.2 (a) & 10.3.2 – To permit an accessory structure to be setback 26.2m (86ft) from the highwater mark of a waterbody, whereas the Zoning By-law requires a minimum of 30m. Section 10.3.2 – To permit an accessory structure to be setback 2m (6.5ft) from the rear lot line, whereas the Zoning By-law requires a minimum of 3m. Related Applications The lands are not subject to any additional applications under the Planning Act.

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Township of South Frontenac Staff Report - PL-ZNA-2023-0085, Wheeler, 1006 Mini Lane, Loughborough District

Discussion Property Description The subject property is a lot of record measuring approximately 0.38 Hectares with frontage on Sawmill Lane, Mini Lane, and Buck Lake. The property contains an existing 130.1sqm (1400sqft) one-storey dwelling and two storage sheds, each 80sqft in size. All existing structures on the subject property will remain. Regarding topography, there is a highpoint located in the southwest corner of the property, from there the property levels out in the middle near the existing dwelling, before sloping again towards Buck Lake. Further, the boundary of the property is covered in mature trees and other vegetation, which act as natural visual buffers from the Sawmill Lane and Buck Lake. Finally, the surrounding area is characterized by similar waterfront residential developments. Summary of Proposal This proposal seeks relief from Zoning By-law No. 2003-75 to permit an accessory structure in the RLSW zone. The applicant is proposing to construct a 53.5sqm (576sqft) detached garage on the subject property. The proposed detached garage will be 6.5m (21.33ft) in height and will occupy space off the existing driveway, near the rear lot line of the subject property. The proposed detached garage requires zoning relief to be located 26.2m (86ft) from the highwater mark of Buck Lake, 10m (33ft) from the top of bank, and 2m (6.5) from the rear lot line. A variance is not required from the Mini Lane right-of-way since the right-of-way only serves, and can only ever serve, the subject property. Agency Comments Cataraqui Conservation, in a letter dated August 1, 2023, stated they had no objection to the approval of the application. CRCA staff estimated the total erosion hazard to be approximately 13m inland from the toe of the upper slope. As the proposed garage would be located 10m from the top of bank, CRCA staff conclude it would be located outside the extent of the erosion hazard. Finally, CRCA staff recommend that proper sediment and erosion controls be incorporated during construction, and the maintenance and enhancement of a healthy shoreline buffer to stabilize soils into the long-term. The proposed development is subject to O. Reg 148/06, therefore a CRCA permit will be required to accommodate the proposed development. Public Comments No public comments were received at the time of writing this report.

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Township of South Frontenac Staff Report - PL-ZNA-2023-0085, Wheeler, 1006 Mini Lane, Loughborough District

Planning Analysis The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. It is the opinion of Planning staff that the proposal meets the four tests as explained below. Does the variance maintain the general intent and purpose of the Official Plan? The variance would facilitate the construction of a detached garage on lands that are designated Rural in the Official Plan on Schedule A. The type and amount of development on rural lands must maintain the rural character, natural heritage, and cultural landscape in the Township. The proposed detached garage is accessory to the permitted residential use of the property. Section 5.2.4 of the Official Plan states that the Township will direct development or site alteration away from lands which may be subject to shoreline erosion hazard. This is typically addressed through a 15m setback from the top of bank, as required by the Zoning By-law. Cataraqui Conservation staff reviewed the proposal and concluded the accessory structure, located 10m from the top of bank, is outside of the extent of the erosion hazard. Further, the proposed location would be in excess of the 6m access allowance required by the Conservation Authority in the case of maintenance or emergency. As such, Township Planning Staff are satisfied that the proposed development would not result in, or be impacted by, a shoreline erosion hazard. Section 5.2.7 of the Official Plan requires building and structures be setback a minimum of 30m from the highwater mark of lakes and rivers. The purpose of these measures is to minimize the environmental and visual impacts by reducing phosphorus inputs, preventing erosion and by maintaining the natural appearance of shorelines. Further, Section 5.7.7 requires limited-service residential development to be designed to preserve as much as possible a site’s physical attributes for the benefit of future residents. Minimal vegetation in the interior of the property would likely be required to accommodate development. However, existing vegetation along the shoreline will not require alteration, and will screen the proposed structure from the lake. Further, appropriate run-off and erosions controls are to be implemented through a recommended development agreement registered on the title of the property. Finally, the proposed 26.2m setback from Buck Lake has been maximized. The only alternative location, on the west side of the existing driveway, is greatly constrained by its elevation. It is the opinion of Township staff that the proposed variance maintains the general intent and purpose of the Official Plan, specifically the policies related to limited services waterfront residential development, and development adjacent to environmentally sensitive areas. Does the variance maintain the general intent and purpose of the Zoning By-law?

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Township of South Frontenac Staff Report - PL-ZNA-2023-0085, Wheeler, 1006 Mini Lane, Loughborough District

An accessory structure is a permitted use within the RLSW Zone. The proposed detached garage would comply with all requirements of the Zoning By-law except for minimum setback from the highwater mark of a waterbody, top of bank and rear yard setback. Section 5.8.2 of the Zoning By-law directs development away from slopes which are greater than 30% from horizontal. This is typically accomplished through a 15m setback, whereas the proposed structure is to be located 10m. The subject property features several slopes and is unable to comply with the setback requirements. At 10m, the proposed garage would be outside of the extent of the erosion hazard, as concluded by Cataraqui Conservation staff. Further, the incorporation of appropriate erosion control measures and the maintenance of a healthy shoreline buffer will assist in stabilizing the soil. Therefore, Township Planning staff are satisfied that the proposed development would not result in, or be impacted by, a shoreline erosion hazard. The General Provisions and the RLSW zone require a 30m setback from the highwater mark of a waterbody. As discussed in a previous section of this report, the purpose of this setback is to minimize environmental and visual impacts to the lake. The subject property features several constrains which would limit the ability to locate a compliant structure. For example, topographic constraints limit the location of the garage to the area west of the existing driveway. Further, encroachment within 30m of the shoreline would be unavoidable due to Buck Lake extending around the north and east lot lines. Finally, the garage has been located so as to extend naturally from the existing driveway. Section 10.3.2 of the Zoning By-law requires that accessory structures be setback a minimum of 3m from the rear lot line of a property. Due to the irregular rear lot line of the subject property, the proposed garage would need to encroach slightly within the 3m rear yard in order to remain functional while maximizing the setback from the highwater mark. The proposed garage would not encroach within 5m of Sawmill Lane. Further, there are existing trees surrounding the proposed garage location which will act as a natural buffer from the road and surrounding properties. As such, Township Planning staff interpret the slight reduction in the rear yard setback as appropriate. It is the opinion of Township Planning staff that the proposed variance maintains the general intent and purpose of the Zoning By-law. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The requested variance is desirable for the appropriate development of the land. The proposed location has maximized setbacks from the top of bank, highwater mark, and rear lot line given physical constrains on the property. Further, the proposed location of the garage will maximize the functionality of the structure as it extends directly from the existing driveway. Finally, the proposed garage will be visually screened from Buck Lake and Sawmill Lane by an existing tree buffer. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - PL-ZNA-2023-0085, Wheeler, 1006 Mini Lane, Loughborough District

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 desirable for the appropriate development of the land. When considering the size of the structure and its use as a garage, it is unlikely that a reduced setback of this degree would result in adverse environmental impacts on the lake. Further, it is anticipated that there will be no negative impacts on surrounding properties as a result of the proposed garage.

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

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2023-0085 for 1006 Mini Lane, subject to the following conditions.

The minor variance is for a 53.5sqm (576sqft) detached accessory structure (garage). The garage is permitted to be setback a minimum of 10m from the top of bank, a minimum of 26.2m from the highwater mark of Buck Lake, and a minimum of 2m from the rear lot line. The location of the garage must be generally consistent with the location shown on the revised sketch submitted by the applicant on August 31, 2023.
The Owner is required to enter into a Development Agreement to be registered on the title of the property to the satisfaction of the Township to address the following matters and environmental standards of the Township: a. Appropriate erosion control measures (e.g. silt fence, straw bales) must be used during construction and until the site is stable and revegetated. b. Roof runoff will be directed away from the shoreline of Buck Lake and neighbouring buildings and structures and discharged to natural or constructed leaching pits/areas to maximize infiltration or onto coarse rock rubble splash pads to reduce the velocity of runoff. c. A natural vegetated buffer must be maintained in its natural state within 30 metres of the shoreline, excluding the immediate area around the garage. www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - PL-ZNA-2023-0085, Wheeler, 1006 Mini Lane, Loughborough District

A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac.
Minor variance PL-ZNA-2023-0085 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP MCIP, Senior Planner

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+/- 147m 9.7 Ha

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Existing developed area (See attached site plan)

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26.5 x 34.5

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To: Committee of Adjustment Prepared by: Development Services Department Date of Meeting: September 14, 2023 Minor Variance Application (S. 45(1) of Planning Act) Subject: PL-ZNA-2023-0094, Morgan, 2735 Round Lake Road, Storrington District

Summary This report recommends that the Committee of Adjustment grant approval of this application for zoning relief for a detached accessory structure, 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 (RU) Zoning Relief Requested Section 5.24.1 – To permit the lot coverage of all accessory buildings and structures 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.

Discussion Property Description The subject property is 9.57 Ha (23.65 Ac) in area and has frontage on Round Lake Road. The property is presently developed with a 108.5 sqm (1168sqft) single detached dwelling with attached deck and two detached accessory structures (84.9sqm & 71.3sqm). All development on the subject property exists within the northeastern corner near Round Lake Road. The rear portion of the property features a mature forested area, and a low-lying wetland area. Regarding topography, the property slopes downward from Round Lake Road, and levels out near the developed area, before sloping downwards again towards the www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - PL-ZNA-2023-0094, Morgan, 2735 Round Lake Road, Storrington District

forested area. Finally, the subject property is located within an area characterized by similar rural residential developments. Summary of Proposal This proposal seeks relief from Zoning By-law No. 2003-75 to permit a new accessory structure on the subject property. The applicant is proposing to construct a 26sqm (280sqft) shed on the subject property. The proposed structure will be 3.6m (12ft) in height and will occupy space to the immediate east of the existing dwelling. As the proposal would result in the lot coverage of all accessory structures (0.19%) above that of the principal building (0.11%), it requires zoning relief. Agency Comments Cataraqui Conservation, Building Services and Public Services were not circulated this application, given the nature of the proposal and its location. Public Comments No comments were received from the public at the time of the writing of this report. Planning Analysis The proposal needs to be assessed against the four tests of a minor variance outlined in Section 45(1) of the Planning Act. It is the opinion of Planning staff that the proposal meets the four tests as explained below. Does the variance maintain the general intent and purpose of the Official Plan? The variance would facilitate the construction of a detached accessory structure on lands designated Rural in the Official Plan on Schedule A. The type and amount of development on rural lands must maintain the rural character, natural heritage, and cultural landscape in the Township. The proposed shed is accessory to the permitted residential use of the property. It is the opinion of Township staff that the proposed variance maintains the general intent and purpose of the Official Plan, specifically the policies related to rural residential development. Does the variance maintain the general intent and purpose of the Zoning By-law? An accessory structure is a permitted use with the RU zone. The proposed shed would comply with all requirements of the Zoning By-law, except it results in the lot coverage of all accessory structures exceeding that of the principal building.

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Township of South Frontenac Staff Report - PL-ZNA-2023-0094, Morgan, 2735 Round Lake Road, Storrington District

Section 5.24.1 states that in no case shall the lot coverage of all accessory buildings and structures on a lot exceed the lot coverage of the existing principal building. This provision is used to control the number of accessory structures on a property and reduce an overdeveloped appearance. Given that the proposed shed will be in excess of 80m (260ft) from Round Lake Road and 60m (196ft) from the nearest development, it is not anticipated to greatly impact the surrounding area or alter the rural character. Additionally, existing tree cover will effectively screen the proposed structure. For these reasons, it is the opinion of Township Planning Staff that the proposed variance maintains the general intent and purpose of the Zoning By-law. Is the requested variance desirable for the appropriate development or use of the land, building or structure in question? The requested variance is desirable for the appropriate development of the land. The proposed shed would be the third accessory structure built on the subject property. However, each structure serves their own unique purpose, with the shed being primarily for storage. Further, the proposed structure will be appropriately located and should not have a greater impact on the surrounding area than existing conditions. Is the variance minor? The requested variance is minor as it maintains the general intent and purpose of the Official Plan and Zoning By-law. Further, the requested variance is desirable for the appropriate development of the land. It is anticipated that there will be no negative impact on surrounding properties as a result of the proposed shed.

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

Recommendation It is recommended that the Committee of Adjustment receive comments from the public and, pending comments received, approve minor variance application PL-ZNA-2023-0094 for 2735 Round Lake Road, subject to the following conditions.

The minor variance is for a 26sqm (280sqft) accessory structure (shed). The lot coverage of all accessory structures (0.19%) is permitted to exceed the lot coverage www.southfrontenac.net Natural, Vibrant and Growing – a Progressive, Rural Leader.

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Township of South Frontenac Staff Report - PL-ZNA-2023-0094, Morgan, 2735 Round Lake Road, Storrington District

of the principal building (0.11%). Any future accessory structures proposed on the subject property would require additional zoning relief. 2. A building permit is required for ALL proposed demolition and construction on the property. There shall be no additional development on the property without the approval from the Township of South Frontenac. 3. Minor variance PL-ZNA-2023-0094 is applicable only to Zoning By-law No. 2003-75 and not to any subsequent zoning by-laws. Report Prepared By: Noah Perron, Planner Report Reviewed By: Christine Woods, RPP MCIP, Senior Planner

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

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

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

Discussion/Analysis a) PL-BDJ-2023-0061 (Harbison) (Searles) - Storrington This undisputed consent was granted provisional consent on August 10, 2023. The purpose of this consent application was to create one new residential lot, being 7.6 hectares, fronting on Brewer Lake Road and Sunbury Road. b) PL-BDJ-2023-0061 (Hutcheson) - Portland This undisputed consent was granted provisional consent on September 5, 2023. The purpose of this consent application was to create one new residential lot, being 4.5 hectares, fronting on Leveque Road.

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Township of South Frontenac Staff Report - Decisions on Delegated Consents

c) PL-BDJ-2023-0086 (Robinson) - Bedford This undisputed consent was granted provisional consent on September 8, 2023. The purpose of this consent application was to create one new residential lot, being 1 hectare, fronting on Old Thirteen Island Lake Road. Attachments None. Report Prepared By: Kate Kaestner, Planning Clerk Report Approved By: Brad Wright, Director of Development Services

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