Committee of Adjustment February-11-2016_Minutes

Body: Committee of Adjustment Type: Minutes Meeting: Committee Date: 2016 Collection: Council Minutes Municipality: South Frontenac

[View Document (PDF)](/docs/south-frontenac/Minutes/Committee of Adjustment/2016 Committee of Adjustment Minutes/Committee of Adjustment February-11-2016_Minutes.pdf)

Document Text

TOWNSHIP OF SOUTH FRONTENAC COMMITTEE OF ADJUSTMENT MINUTES 16:01 FEBRUARY 11, 2016 LOCATION:

South Frontenac Municipal Offices, Sydenham

IN ATTENDANCE:

Ken Gee (Storrington District) Ron Sleeth (Storrington District-C) Alan Revill (Bedford District-C) Larry Redden (Portland District) Bill Robinson (Portland District-C) David Hahn (Bedford District) Mark Schjerning (Loughborough District-C) John Sherbino (Loughborough District)

STAFF:

Lindsay Mills – Secretary-Treasurer/Planner Jennie Kapusta – Deputy Secretary Treasurer

Table of Contents Item # 1: Call to Order …………………………………………………………………………………………………………………. 1 Item # 2: Motions to Elect a Chairperson ……………………………………………………………………………………….. 1 Item # 3: Motions to Elect a Vice-Chairperson ………………………………………………………………………………… 1 Item # 4: Adoption of Agenda ……………………………………………………………………………………………………….. 1 Item # 5: Declaration of Pecuniary Interest …………………………………………………………………………………….. 2 Item # 6: Approval of Minutes ………………………………………………………………………………………………………. 2 Item # 7: MV-31-15-S (Stricelj)………………………………………………………………………………………………………. 2 Item # 8: S-01-16-P (Larcon Farms) ……………………………………………………………………………………………….. 4 Item # 9: S-02-16-L (Koen) ……………………………………………………………………………………………………………. 4 Item # 10: S-03-16-L (Thake) …………………………………………………………………………………………………………. 4 Item # 11: S-04-16-P, S-05-16-P, S-06-16-P (Promm) ……………………………………………………………………….. 6 Item # 12: S-07-16-B, S-08-16-B (Lamoureux) …………………………………………………………………………………. 7 Item # 13: S-09-16-L (Vandewal) …………………………………………………………………………………………………… 8 Item # 14: S-10-16-L (Young) ………………………………………………………………………………………………………… 9 Item # 15: MV-01-16-B (Loureiro) ……………………………………………………………………………………………….. 10 Item # 16: Other Business …………………………………………………………………………………………………………… 11 Item # 17: Adjournment …………………………………………………………………………………………………………….. 11

Item # 1: Call to Order RESOLUTION:

C of A: 16:01:01

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the February 11, 2016 meeting of the South Frontenac Township Committee of Adjustment is hereby called to order at 7:00 p.m. by Lindsay Mills. Carried Item # 2: Motions to Elect a Chairperson RESOLUTION:

C of A: 16:02:02

Moved by: B. Robinson

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby nominates Larry Redden for the position of Chairperson. Carried Item # 3: Motions to elect a Vice-Chairperson RESOLUTION: Moved by: K. Gee

C of A: 16:01:03 Seconded by: J. Sherbino

2

THAT the South Frontenac Township Committee of Adjustment hereby nominates Alan Revill for the position of ViceChairperson. Carried Item # 4: Adoption of Agenda Approved as circulated Item # 5: Declaration of Pecuniary Interest L. Redden declared pecuniary interest in Item # 8: S-01-16-P (Larcon Farms) and stepped down as Chairperson for the associated proceedings. Vice-chairperson A. Revill acted as Chairperson for this Item. Item # 6: Approval of Minutes RESOLUTION:

C of A: 16:01:04

Moved by: M. Schjerning

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby approves the minutes of the December 10, 2015 meeting of the Committee, as circulated. Carried Item # 7: MV-31-15-S (Stricelj) Speaking to the Application: David Annable, Don Stricelj Discussion: This application was originally brought to the committee in December 2015, but was deferred until an enforcement investigation by the Cataraqui Region Conservation Authority was completed. The subject land consists of a 1.5 +/- acre parcel with frontage on Don Moore Lane and Dog Lake. The land is currently developed with a single family dwelling, a boathouse and a sleeping cabin. The proposal involves the construction of a 550 square foot (footprint) 1 ½ story addition to the rear of the cottage. While an “existing addition” to the front (waterside) of the cottage is shown on the plans submitted, this two-storey addition was constructed without a minor variance or any building permits issued from the Township. This addition is currently the subject of a Building without a Permit investigation. The applicant was instructed to apply for a minor variance for this addition in order to obtain zoning relief as this is required prior to the issuance of a building permit for the addition. However, this application is ONLY for the rear addition to the cottage and does not serve to address or legitimize the illegal rear addition. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. The conservation authority (Rideau Waterway Development Review Team) is recommending denial of the application as submitted based on their consideration for natural hazards, natural and cultural heritage, and water quality and quantity protection policies. The Cataraqui Region Conservation Authority (CRCA) is concerned with the proximity of the front of the cottage to the water. At 5 metres the front is well within the 12 metre erosion hazard allowance. Additionally, they noted that the construction of the addition on the front of the cottage was not permitted by the CRCA and is not in compliance with the Conservation Authorities Act and the enforcement staff will be investigating. UPDATE: The investigation undertaken by the CRCA has now been completed. They have determined that should the applicant apply for and obtain a Minor Variance from the Township they would likely be able to also obtain a permit from the CRCA to legalize the two-story addition already constructed on the lake side of the dwelling. However, they did not change their position on the addition on the non-lake side addition which is the subject of this minor variance. On this application they maintained their recommendation for denial. Parks Canada-Rideau Canal Office noted that while there were no permits for any in-water works there were two docks shown on the plans; only one dock is permitted. Public health has no objection to the application, provided the applicant apply for a permit and completes the installation of a new septic system as the existing system is unable to handle the proposed increase in building size. They noted that at this point the applicant had not submitted an application for this septic work. J. Sherbino agrees with position of staff and agencies that this is too much development too close to the water; he supports denial of the application. D. Hahn also agrees with the position of too much development too close to the water. He says this is NOT a MINOR variance. M. Schjerning mentioned the residents who spoke at the December meeting who said that the applicant fully knew what he was doing and never intended to obtain permits but ask for forgiveness if caught. He also was in support of denial of this application. David Annable wanted to not have the carport section included in the total lot coverage as it is an open air structure. He also mentioned potential comparables along Stair Step Lane which were closer than his client’s construction. No details of which properties these were, was provided.

3 Don Stricelj said a natural disaster precipitated all this, and that he was only attempting clean up the property after a tornado damaged several trees and part of the existing structure. He said he hired a builder, who told him he would take care of all required permits and inspections. However, part-way through the construction the builder was taken severely ill and had to leave the job unfinished and he was no longer able to contact this builder. As a result he had to complete the work himself in order to make the cottage safe. He obtained opinions from an engineer and had to install major structural supports to prevent the cottage from collapsing. Mr. Stricelj said he has tried to obtain information for what the right steps were for him to take from the Township but was misled on how to become compliant; that he stopped all work once the stop work order issued; but has yet to clearly determine the next course of action. RESOLUTION:

C of A: 16:01:05

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby DENIES minor variance application MV-361-15S by Don Stricelj, to permit construction in Concession 9, Part Lot 20/21, Don Moore Lane, District of Storrington. Carried Item # 8: S-01-16-L (Larcon Farms) Speaking to the Application: none Discussion: This application is a resubmission of an application previously approved in December 2014. The applicant was unable to complete the required conditions within the one-year time period and the application lapsed. The subject lands front on Wilton Road, in Harrowsmith, and also on Road 38. The application is for the addition of a 2.6 +/- acre lot onto the southwest side of a developed lot at 3928-3932 Wilton Road. There are no sewage disposal systems near the lot addition parcels, and no new entrance required. Therefore reports were not required from Public Health or Roads. RESOLUTION:

C of A: 16:01:06

Moved by: K. Gee

Seconded by: R. Sleeth

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-01-16-P by Larcon Farms, to create a lot addition, in Concession 4, Part Lot 7, Wilton Road, District of Portland, subject to conditions. Carried Application No: Owner: Location of Property: Purpose of Application: Date of Hearing: Date of Decision:

S-01-16-P Larcon Farms (Larry Redden) Concession 4, Part Lot 7, Glenvale Industrial Park, District of Portland, Township of South Frontenac Creation of a lot addition February 11, 2016 February 11, 2016

DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS

1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
2. The land to be severed by Consent Application S-01-15-P shall be for a 2.0 +/- acre lot addition only to 39283932 Wilton Road (RP 13R-8378 Parts 1 to 3).
3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
5. The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)].

4

6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds.
7. The applicant shall obtain an amendment to the Township Comprehensive Zoning Bylaw to rezone the lot addition parcel from Urban Residential-First Density to Urban Industrial. Please see planner Lindsay Mills to begin this process. Item # 9: S-02-16-L (Koen) Speaking to the Application: None Discussion: The subject lands front on North Shore Road and also on Koen Road. The application is for the addition of a 0.5 +/- acre lot onto the west side of a developed lot which currently gains access via Emerald Lane. This lot addition would allow access directly from North Shore Road by means of an existing entrance. There are no sewage disposal systems near the lot addition parcel, and no new entrance is required. Therefore reports were not required from Public Health or Roads. RESOLUTION:

C of A: 16:01:07

Moved by: M. Schjerning

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-02-16-L by Edward & Louise Koen, to create a lot addition, in Concession 7, Part Lot 24, North Shore Road, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property: Purpose of Application: Date of Hearing: Date of Decision:

S-02-16-L Edward & Louise Koen Concession 7, Part Lot 24, Koen Road, District of Loughborough, Township of South Frontenac Creation of a lot addition February 11, 2016 February 11, 2016

DECISION:

PROVISIONAL CONSENT GRANTED, subject to conditions

CONDITIONS

1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
2. The land to be severed by Consent Application S-02-16-L shall be for a 0.5 +/- acre lot addition only to 1083 Emerald Lane (RP 13R-1446 Part 1).

5 3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.) 4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 5. The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)]. 6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Item # 10: S-03-16-L (Thake) Speaking to the Application: Tyler Thake Discussion: The subject lands front on Hogan Road. The application is for the addition of a 4.2 +/- acre lot onto the northwest side of a developed lot at 4965 Wilmer Road. There are no sewage disposal systems near the lot addition parcel, and no new entrance is required. Therefore reports were not required from Public Health or Roads. RESOLUTION:

C of A: 16:01:08

Moved by: M. Schjerning

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-03-16-L by Tyler Thake, to create a lot addition, in Concession 7, Part Lot 13, Hogan Road, District of Loughborough subject to conditions. Carried Application No: Owner: Location of Property: Purpose of Application: Date of Hearing: Date of Decision:

S-03-16-L Tyler Thake Concession 7, Part Lot 13, Hogan Road, District of Loughborough, Township of South Frontenac Creation of a lot addition February 11, 2016 February 11, 2016

DECISION:

PROVISIONAL CONSENT GRANTED, subject to conditions

CONDITIONS

1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].

6

2. The land to be severed by Consent Application S-03-16-L shall be for a 4.2 +/- acre lot addition only to 4965 Wilmer Road (RP 13R17290 Part 1).
3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
5. The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)]. Item # 9: S-04-16-P, S-05-16-P, S-07-16-P (Promm) Speaking to the Application: None Discussion: The subject lands front on Fellows Road and also on Murvale Road. The application is for the creation of three new residential lots. Lots one and two are proposed to be each 2.0 acres in size with 76m of frontage along Murvale Road. The proposal for lot three is a 2.0 acre parcel with 98m of frontage on Fellows Road and 95m of frontage on Murvale Road. There are farming operations and barns on two abutting properties. As such the applicant has been requested to obtain detailed information regarding the sizes of these structures and the current livestock uses in order for a Minimum Distance Separation calculation to be done. This will determine the area of influence for each existing barn and determine whether any proposed lot lines need to be moved or adjusted. Currently we have not received the information required for this calculation. Due to the winter weather and snow cover on the ground Public Health has requested deferral of this application until the snow thaws and they are able to adequately view the proposed lots. Neither the CBO nor the roads department have any objections to the application. There has been one written public submission, from Mr. Roche, expressing concerns over the availability of water in the area as it required the drilling/blasting of multiple wells on their own adjacent property before they had a stable source of water. This neighbour has requested the committee consider adding a draw down test as one of the approval conditions. A Minimum Distance Separation (MDS) calculation needs to be completed prior to any decision being made by the Committee. A letter from Ms. Moore was read out in the meeting and detailed concerns regarding availability of water in the area, similar to the concerns expressed by Mr. Roche. Additionally, she expressed concerns regarding the potential entrance locations with regards to an already busy intersection. D. Hahn questioned the availability of a groundwater study in this area and L. Mills said this area was not classified as sensitive. A. Revill asked if the applicant was aware of the possibility of the pump test including a draw down test as well. D. Roche spoke at the meeting and wanted to formally request a draw down test and some sort of guarantee this will be included in the conditions of the severances. RESOLUTION:

C of A: 16:01:09

Moved by: B. Robinson

Seconded by: A. Revill

THAT the South Frontenac Township Committee of Adjustment hereby DEFERS consent application S-04-16-P by Carina Promm, to create a new lot, in Concession 2, Part Lot 1, Murvale Road, District of Portland, until agency reports have been received. Carried RESOLUTION:

C of A: 16:01:10

Moved by: B. Robinson

Seconded by: A. Revill

THAT the South Frontenac Township Committee of Adjustment hereby DEFERS consent application S-05-16-P by Carina Promm, to create a new lot, in Concession 2, Part Lot 1, Murvale Road, District of Portland, until agency reports have been received. Carried RESOLUTION: Moved by: B. Robinson

C of A: 16:01:11 Seconded by: A. Revill

7

THAT the South Frontenac Township Committee of Adjustment hereby DEFERS consent application S-06-16-P by Carina Promm, to create a new lot, in Concession 2, Part Lot 1, Murvale Road, District of Portland, until agency reports have been received. Carried Item # 10: S-07-16-B, S-08-16-B (Lamoureux) Speaking to the Application: None Discussion: This is a resubmission of an application originally submitted in December 2014. The applicant failed to meet all the conditions in the one year time period and the application lapsed. There have been no changes to the application from the original submission. The subject lands consist of 55 +/- acres with 810 ft. of water frontage on Wolfe Lake. The applicant has requested to sever two new lots together with a right-of-way. The proposal for Lot 1 is for a 5.4 +/- acre lot with 300 ft. of frontage on Wolfe Lake. The proposal for Lot 2 is for a 5.4 +/- acre lot with 300 ft. of frontage on Wolfe Lake. The applicant is also asking for a right-of-way to be created through a realignment of Harding Lane over the retained parcel in order to facilitate access to the two proposed lots. The Roads department has approved the realignment of Harding Lane. RVCA has no objections. Public Health has no objections. RESOLUTION:

C of A: 16:01:12

Moved by: D. Hahn

Seconded by: A. Revill

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-07-16-B by Pierre Lamoureux, to create a new lot, in Concession 11, Part Lot 24, Harding Lane, District of Bedford, subject to conditions. Carried RESOLUTION:

C of A: 16:01:13

Moved by: D. Hahn

Seconded by: A. Revill

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-08-16-B by Pierre Lamoureux, to create a new lot, in Concession 11, Part Lot 24, Harding Lane, District of Bedford, subject to conditions. Carried Application No: Owner: Location of Property: Purpose of Application: Date of Hearing: Date of Decision:

S-07-16-B, S-08-16-B Pierre Lamoureux Concession 11, Part Lot 24, Harding Lane, District of Bedford, Township of South Frontenac Creation of two new lots February 11, 2016 February 11, 2016

DECISION:

PROVISONAL CONSENT GRANTED, subject to conditions

CONDITIONS

1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
2. The land to be severed by Consent Applications S-07-16-B & S-08-16-B shall be for two 5.4 +/- acre lots each with a minimum of 300 ft. of frontage on Wolfe Lake, together with a right-of-way from Lee Road.
3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that

8 this work be accomplished prior to the stamping of the deeds. 5. The Township of South Frontenac shall receive 5% of the value of each of the parcels severed through consent applications S-07-16-B and S-08-16-B in lieu of parkland [Planning Act, s. 51(1)]. 6. The new lane shall be surveyed and constructed according to the Township’s standards for new private lanes. The lane access shall be recognized on the deeds of the lots to be accessed and the property over which it passes. 7. The applicant shall enter into a development agreement to be registered on title to the severed and retained parcels which deals with the Township’s environmental policies, as well as the requirement for the owner to contact the Cataraqui Region Conservation Authority prior to any development on the property, to determine the need for a permit. 8. The applicant shall rezone the lots to be created from Consent Applications S-07-16-B and S-08-16-B from Rural to Limited Service Residential Waterfront Zone in order to allow for development along a private lane. Please contact Lindsay Mills, the Township Planner, to begin this process.

Item # 11: S-09-16-L (Vandewal) Speaking to the Application: Ron Vandewal Discussion: The subject lands consist of 74 +/- hectares (182 acres) fronting on both Rutledge Road and Keeley Road. The land is developed with a single family dwelling and agricultural accessory buildings. The application is for the creation of one new 33 +/- hectare agricultural lot with 130 metres of frontage on Keeley Road. The applicant was initially under the impression that there were already 2 lots in this configuration as both the proposed lot and the retained parcel already have independent tax roll numbers assigned from MPAC. A title search on the property revealed that in fact this was a single 74 hectare parcel. The roads department has no objections. The CBO has no objections. Comments were not required from conservation or public health. RESOLUTION:

C of A: 16:01:14

Moved by: J. Sherbino

Seconded by: M. Schjerning

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-09-16-L by Aaron & Sarah Vandewal, to create a new lot, in Concession 4, Part Lot 10, Rutledge Road, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property: Purpose of Application: Date of Hearing: Date of Decision:

S-09-16-L Aaron & Sarah Vandewal Concession 4, Pt. Lot 10, Rutledge Road, District of Loughborough, Township of South Frontenac Creation of one new lot February 11, 2016 February 11, 2016

DECISION:

PROVISIONAL CONSENT GRANTED, subject to conditions

CONDITIONS

1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
2. The land to be severed by Consent Application S-09-16-L shall be for a 33 +/- hectare lot with 130m frontage along Keeley Road.
3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.)
4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that

9 this work be accomplished prior to the stamping of the deeds. 5. The Township of South Frontenac shall receive 5% of the value of the severed parcel in lieu of parkland [Planning Act, s. 51(1)]. 6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. Item # 12: S-10-16-L (Young) Speaking to the Application: None Discussion: The subject lands consist of 17 +/-acres fronting on Perth Road. The land is developed with a single family dwelling and agricultural accessory buildings. The application is for the creation of one new 5.0 +/-acre lot with 88 metres of frontage on Perth Road. The new lot will encompass the existing single family dwelling and agricultural outbuildings at 5919 Perth Road. There is currently a right-of-way across this property to access a property that abuts this property to the west with an address of 5925 Perth Road; this right-of-way is proposed to be moved south along Perth Road to abut the southern side of 5919 Perth Road opposite Perth Road Crescent. This right-of-way shall be surveyed and constructed to meet the Townships standard for private lanes. The roads department has no objections. The CBO has no objections. Comments were not required from conservation or public health. RESOLUTION:

C of A: 16:01:15

Moved by: J. Sherbino Schjerning

Seconded by: M.

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-10-16-L by Gordon Young & Joseph Young, to create a new lot together with a right-of-way, in Concession 9, Part Lot 18, Perth Road, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property: Purpose of Application: Date of Hearing: Date of Decision:

S-10-16-L Gordon Young & Joseph Young Concession 9, Pt. Lot 18, Perth Road, District of Loughborough, Township of South Frontenac Creation of one new lot together with a right-of-way February 11, 2016 February 11, 2016

DECISION:

PROVISIONAL CONSENT GRANTED, subject to conditions

CONDITIONS

1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land

10 Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)]. 2. The land to be severed by Consent Application S-10-16-L shall be for a 5.0 +/- acre lot with 88m frontage along Perth Road. 3. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. (This includes all taxes levied as of the date of the stamping of the deeds.) 4. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds. 5. The Township of South Frontenac shall receive 5% of the value of the severed parcel in lieu of parkland [Planning Act, s. 51(1)]. 6. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed and retained lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds. 7. The new right-of-way shall be surveyed and constructed according to the Township’s standards for private lanes. The lane access shall be recognized on the deeds of the lot to be accessed and the property over which it passes. Item # 13: MV-01-16-B (Loureiro) Speaking to the Application: None Discussion: The subject land consists of a 17.5 +/- lot at the end of Sleapview Lane with frontage on Desert Lake. The land is currently developed with a seasonal dwelling and an accessory building. The proposal is for the demolition of the existing accessory structure and the construction of a new larger accessory structure on the same footprint. The current structure is outside the 30m setback and the new structure, including all decks and stairs is also to be located outside the 30m setback. The by-law does not permit accessory buildings to be higher than 19.7 feet or to have any living space in anything other a defined sleeping cabin (max 300 square feet). The proposed structure is at the end of 1.6km long private lane, greater than 30m from the HWM of Desert Lake and well screened by trees on all sides. The CBO has no objections to the application. Comments were not required from Roads, Public Health or Conservation. RESOLUTION: Moved by: R. Sleeth

C of A: 16:01:16 Seconded by: A. Revill

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application MV-01-16-B by Tony Loureiro & Debra Mason, to permit an increase in height of accessory buildings, in Concession 3, Part Lot 2, Sleapview Lane, District of Bedford, subject to conditions.

11

Carried Application No: Owner: Location of Property:

Date of Hearing: Date of Decision:

MV-01-16-B Tony Loureiro & Debra Mason Concession 3, Part Lot 2, Sleapview Lane, District of Bedford, Township of South Frontenac To vary section 10.3.2 of the Comprehensive Zoning By-law to permit an increase in height of accessory buildings February 11, 2016 February 11, 2016

DECISION:

PROVISIONAL CONSENT GRANTED, subject to conditions

Purpose of Application:

CONDITIONS

1. The variance is for the construction of a 28 ft. by 36 ft. garage with a maximum height of 24.2 ft. (storage loft permitted but no living space), with upper level covered deck and stairs to be located a minimum of 30 metres from the high water mark of Desert Lake.
2. Minor variance MV-01-16-B is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
3. A building permit is required for all demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
4. The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Cataraqui Conservation Authority for the proposed development, and for any shoreline or in-water works. Item # 17: Other Business

Item # 18: Adjournment RESOLUTION: Moved by: R. Sleeth

C of A: 16:01:16 Seconded by: A. Revill

THAT the February 11, 2016 meeting of the South Frontenac Township Committee of Adjustment is hereby adjourned at 9:10 p.m. to reconvene at 7:00 p.m. on Thursday, February 11, 2016 or at the call of the Chair. Carried

Larry Redden Chair

Lindsay Mills Secretary-Treasurer

Help support independent journalism

If NFNM’s reporting matters to you, Buy Me a Coffee is a simple way to help keep local watchdog coverage going.