Published September 14, 2017
Word Count 7288 words
Reading Time 35 min read

Body: Committee of Adjustment Type: Minutes Meeting: Committee Date: September 14, 2017 Collection: Council Minutes Municipality: South Frontenac

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Document Text

TOWNSHIP OF SOUTH FRONTENAC PLANNING DEPARTMENT

MINUTES 17:08 September 14, 2017 LOCATION:

South Frontenac Municipal Offices, Sydenham

IN ATTENDANCE:

Ron Sleeth (Storrington District-C) Ken Gee (Storrington District) Alan Revill (Bedford District-C) David Hahn (Bedford District) Larry Redden (Portland District) Ross Sutherland (Loughborough District-C) John Sherbino (Loughborough District) John McDougall (Portland District-C)

STAFF:

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

Table of Contents Item #1: Call to Order ………………………………………………………………………………………… 1 Item #2: Adoption of the Agenda …………………………………………………………………………. 1 Item #3: Declaration of Pecuniary Interest ……………………………………………………………. 1 Item #4: Approval of Minutes………………………………………………………………………………. 1 Item #5: MV-43-17-S (Hackett) …………………………………………………………………………… 2 Item #6: S-41-17-B (Campbell) …………………………………………………………………………… 3 Item #7: S-42-17-B (Morris)………………………………………………………………………………… 4 Item #8: S-43-17-S (Pater) …………………………………………………………………………………. 5 Item #9: S-44-17-L, S-45-17-L, S-46-17-L (Burns) …………………………………………………. 6 Item #10: MV-35-17-S (Tripp) …………………………………………………………………………….. 8 Item #11: MV-36-17-B (Byrtus) …………………………………………………………………………… 9 Item #12: MV-37-17-S (Payne) …………………………………………………………………………. 10 Item #13: MV-38-17-S (Erdman) ……………………………………………………………………….. 11 Item #14: MV-39-17-S (McKercher) …………………………………………………………………… 13 Item #15: Adjournment …………………………………………………………………………………….. 14 Item #1: Call to Order RESOLUTION:

C of A: 17:08:01

Moved by: J. McDougall

Seconded by: L. Redden

THAT the September 14, 2017 meeting of the South Frontenac Township Committee of Adjustment is hereby called to order at 7:00 p.m. with Alan Revill in the Chair. Carried Item #2: Adoption of the Agenda Approved as circulated Item #3: Declaration of Pecuniary Interest None declared Item #4: Approval of Minutes RESOLUTION:

C of A: 17:08:02

Moved By: L. Redden

Seconded By: J. McDougall

THAT the South Frontenac Township Committee of Adjustment hereby approves the minutes of the August 10, 2017 meeting of the Committee, as circulated.

2

Carried Item #5: MV-43-17-S (Hackett) Speaking to the Application: Bill Bishop (agent) Discussion: This application was originally brought to the committee in February 2017 and was deferred until the April 2017 meeting to give the applicant an opportunity to revise the proposal and reduce the proposed footprint. Nothing was submitted in writing to the Planning Department for review, but several committee members indicated the applicant had provide them with an alternative proposal which included the removal of approximately 230 square feet of existing decking area and a 76 square foot reduction in building size from the initial 912 proposed addition. After some discussion on the limited size of the proposed reductions and the fact nothing had been submitted in writing the committee members or recirculated to Cataraqui Region Conservation Authority (CRCA) it was moved that the item be deferred once again until the applicant had provided a revised proposal in writing to the Planning Department for recirculation. In July 2017 the applicant submitted a revised proposal which reduced the size of the proposed addition to 760 square feet from 912 square feet and reduced the size of the side deck to 35 square feet from 192 square feet. The revised proposal included a revised Environmental Site Evaluation completed by Ecological Services. This proposal was resubmitted to CRCA for comments. After evaluating the revisions submitted and acknowledging the decrease in overall lot coverage, the CRCA again recommended denial of the application in order to limit intensification of development near the lake and impact on what is designated as a Highly Sensitive (At Capacity) Lake Trout Lake. Original Proposal: The subject land consists of a 0.46 +/- acres with frontage on Loughborough Lake. The lot is currently developed with a 1053 square foot footprint seasonal dwelling (including attached decks), located 20 feet (6.2m) from the high water mark of Loughborough Lake, a 32 square foot shed and a 226 square foot boathouse. The proposal is for the construction of a 38 foot by 24 foot (912 square foot) addition to the non-water side of the existing dwelling. The property is zoned RLSW (Limited Service Residential Waterfront) which permits a maximum of 5% total lot coverage for the principal dwelling. For a 0.46 acre lot this translates into a maximum footprint of 1002 square feet. The existing dwelling exceeds this maximum and with the proposed addition the total footprint will increase to 1968 square feet. 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 resulting structure would constitute a structure of 1968 square feet all within the normally requires 30m setback contrary to the intent of the Official Plan. The applicant has submitted a preliminary Environmental Impact Assessment completed by Ecological Services as the West Basin of Loughborough Lake is a Highly Sensitive Trout Lake. This assessment recommends the applicant enter into a site plan agreement to ensure proper maintenance of the septic holding tank. Cataraqui Region Conservation Authority has evaluated the application and is waterbodies for the purpose of protection of water quality. Comments from roads were not required. Public health has no objections as the applicant has recently replaced the holding tank on the property with one that is sufficient for the proposed development. R. Sleeth said he has visited the site multiple times, and recognized the applicant has made multiple revisions in order to attempt to satisfy the requirements of the CRCA and the Committee. He felt that the revisions fit with other recent decisions regarding lot coverage made by the Committee as well as being in keeping with existing development along Sandpiper Lane. K. Gee agreed with the position stated by R. Sleeth and said the EIS made some good recommendations so he would be able to support the application if these were included in the approval and site plan agreement. R. Sutherland stated that both the CRCA and the Township Planning staff have recommended denial of the application for valid reasons so why should the Committee approve the application. He said that while the applicant had reduced the proposal from the original application it was still significantly over the permitted lot coverage; that justifying an overage in lot coverage by starting at an excessive amount and working backward from there was not an appropriate way to make decisions. He said the proposal was out of proportion with the neighbours and was not a minor variance. D. Hahn stated that while the EIS made several recommendations, that they were not anything that is not already part of the standard environmental conditions in the Township’s site plan agreements which is required of all waterfront minor variances. He agreed with R. Sutherland that even the revised proposal was too excessive.

3 R. Sleeth said the Committee should have compassion for the applicant as he was blind and needed accommodations for his disability. J. McDougall agreed with R. Sleeth in that these were exceptional circumstances. J. Sherbino said that the applicant’s blindness was not a good argument to justify the variance, that it was erroneous to use this as a basis for decision as it did not meet the planning process or criteria and heartstrings are not a good reason to go against valid recommendations. RESOLUTION:

C of A: 17:08:03

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-43-17-S by Ronald Hackett, to permit construction within the 30m setback from water, in Concession 1, Part Lot 11, Sandpiper Lane, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

MV-43-16-S Ronald Hackett Concession 1, Part Lot 11, Sandpiper Lane, District of Storrington, Township of South Frontenac Purpose of Application: To vary Section 5.8.2 of the Comprehensive Zoning By-law to permit construction within the 30m setback from HWM and Section 10.3.1 of the Comprehensive Zoning By-law to permit an increase in lot coverage over 5% Date of Hearing: February 9, 2017 Date of Decision: September 14, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

  1. This minor variance is for the construction of a 38 foot by 24 foot (760 square foot) single storey, no basement permitted, addition to the rear (non-water side) of the existing dwelling located at 1001 Sandpiper Lane. The applicant shall reduce the size of the existing 8 foot by 24 foot (192 square feet) side deck by 157 square feet to a size of 35 square feet.
  2. Minor variance MV-43-16-S 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 Region Conservation Authority for the proposed development, and for any shoreline or in-water works. Item #6: S-41-17-B (Campbell) Speaking to the Application: None Speaking Discussion: The subject land consists of 2.5 +/- acres with frontage on Copper Head Lane and Canoe Lake. The lot is currently developed with a single dwelling. The proposal is for the creation of a 0.05 +/- acre (2175 square feet) lot addition with approximately 20 feet of frontage on Canoe Lake. The purpose of this lot addition is to provide safe access to Canoe Lake from the lot it is to be added to given the steep topography of the shoreline in this area. The retained parcel will be 2.5 +/- acres in size and will have 170 +/- metres of frontage on Canoe Lake. The planning department is able to support the application for the proposed lot addition. Comments from Cataraqui Region Conservation Authority, KFL&A Public Health and Public Works were not required. The building department has no objections.

4

RESOLUTION:

C of A: 17:08:04

Moved by: J. McDougall

Seconded by: D. Hahn

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-41-17-B by James Campbell, to approve a lot addition, in Concession 5, Part Lot 6, Copper Head Lane, District of Bedford, subject to conditions. Carried Application No: Owner: Location of Property:

S-41-17-L James Campbell Concession 5, Lot/Part Lot 6, Copper Head Lane, District of Bedford, Township of South Frontenac Purpose of Application: Consent to create lot addition Date of Hearing: September 14, 2017 Date of Decision: September 14, 2017 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-41-17-B shall be for the creation of an approximately 2175 square foot lot addition with 20 feet of frontage on Canoe Lake.
  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 #7: S-42-17-B (Morris) Speaking to the Application: None Speaking Discussion: The subject land consists of 2.43 +/- acres with frontage on McNichols Lane and 35.5 metres of frontage on Thirty Island Lake. The lot is currently vacant. The proposal is for the creation of a 0.16 +/- acre lot addition that encompasses, and is the surveyed right-of-way for McNichols Lane. The owners of the lot to be enlarged, Paul and Janice McNichols believed they already owned this section of land and that it was joined with their lakefront cottage property. They have pipes for their septic system running underground in this location and are planning on trenching for electric cables for a proposed garage (approved minor variance MV-20-17-B). The purpose of this lot addition is to rectify this situation. This lot addition will increase the size of a significantly undersized waterfront lot. The retained parcel will be 2.3 +/- acres in size and will retain all 35.5 metres of frontage on Thirty Island Lake. The planning department is able to support the application for the proposed lot addition. Comments from Quinte Conservation Authority, KFL&A Public Health and Public Works were not required. The building department has no objections. RESOLUTION:

C of A: 17:08:05

5

Moved by: D. Hahn

Seconded by: J. McDougall

THAT the South Frontenac Township Committee of Adjustment hereby approves consent application S-42-17-B by Stephen Morris, to approve a lot addition, in Concession 3, Part Lot 7, McNichols Lane, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-42-17-B Stephen Morris Concession 3, Lot/Part Lot 7, McNichols Lane, District of Bedford, Township of South Frontenac Purpose of Application: Consent to create lot addition Date of Hearing: September 14, 2017 Date of Decision: September 14, 2017 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-42-17-B shall be for the creation of a 0.16 +/lot only to 490 McNichols Lane (PIN 362510085).
  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 #8: S-43-17-S (Pater) Speaking to the Application: None Speaking Discussion: The subject land consists of 37.8 +/- acres with frontage on Green Bay Road, Burridge Road Burridge Lake. The lot is currently listed as vacant. However during site inspection the building department discovered multiple structures. The proposal is for the creation of a 1.58 +/- acre lot addition approximately 97 feet of frontage on Burridge Lake and no road frontage. The retained parcel will be 35 +/- acres in size and will encompass the existing structures. The planning department is able to support the application for the proposed lot addition. Comments from Cataraqui Region Conservation Authority, KFL&A Public Health and Public Works were not required. The building department visited the site and they have no objections to the application. However, during the site visit it was discovered that there multiple structures that appear to have been constructed without any building permits or planning permission. There is a 12.4 foot by 10.3 foot cabin with attached 16.6 foot by 12 foot deck located approximately 12 feet from Burridge Lake, plus a 12.2 foot by 8.3 foot shed located approximately 45 feet from Burridge Lake. The building department has issued a letter advising the applicant that these structures do not meet the setbacks required by the zoning by-law from the lake, that they are too small to be considered principal structures on the property, that they would have required building permits for construction and as such need to be removed. These structures are located on what would be the retained parcel. The subject land consists of 6.5 +/- acres with frontage on North Shore Road and Loughborough Lake. The lot is currently developed with a single detached dwelling. The proposal is for the creation

6 of a 3.32 +/- acre lot encompassing the eastern half of the existing property. The retained parcel will be 3.52 +/- acres in size and have 274m of frontage on Loughborough Lake and a minimum of 76m of frontage on North Shore Road. A significant portion of the area of the proposed lot encompasses defined wetland areas and as such is unsuitable for development. The applicant has proposed this severance for the purposes of deeding the new lot to the Nature Conservancy of Canada to allow for proper management and long-term protection of this wetland area. The planning department is able to support the application for the proposed new lot. Cataraqui Region Conservation Authority has no objections the proposal provided that the lot to be created is required to be rezoned in such a way to prohibit future development on the lot. Comments from KFL&A Public Health and Public Works were not required. The building department has no objections. RESOLUTION:

C of A: 17:08:06

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-43-17-S by Joseph Pater, to create a new lot, in Concession 11, Part Lot 8, North Shore Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-43-17-S Elizabeth & Joseph Pater Concession 11, Lot/Part Lot 8, North Shore Road, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create lot addition Date of Hearing: September 14, 2017 Date of Decision: September 14, 2017 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-43-17-S shall be for the creation of a 3.32 +/acre lot with 109 metres of frontage on North Shore Road and 314 metres of frontage on Loughborough Lake. The retained parcel must have a minimum of 76 metres of frontage on North Shore 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. Prior to the stamping of the deeds for the lot to be created through Consent Application S-4317-S, the applicant shall be required to rezone the new lot from Residential Waterfront (RW) to Open Space – Private (OSP) in order to limit future development on the property. Please see Planner Lindsay Mills to begin this process.
  6. A road widening dedication to the satisfaction of the Township will be required. Item #9: S-44-17-L, S-45-17-L, S-46-17-L (Burns) Speaking to the Application: Gord Burns (agent) Discussion:

7 The subject land consists of 147 +/- acres with frontage on North Shore Road and Leland Road. The lot is currently vacant. Previously there had been two Consent Applications given Provisional Approval (S-15-17-L and S-24-17-L), however the applicant had formally withdrawn these applications in order to submit the current applications. The proposals are for the creation two 2.15 +/acre residential lots, each with a minimum of 76m of frontage on North Shore Road, and one 50 +/acre lot with approximately 455m of frontage on North Shore Road. The retained parcel will be approximately 92.5 +/- acres in size and have frontage on North Shore Road and Leland Road. There are significant portions of the subject property which are designated as Provincially Significant Wetland, however both proposed 2.15 +/- acre residential lots are outside the required 120m setback for development and the 50 +/- acre lot has sufficient land area outside this required setback for a building envelope. The planning department is able to support the application for the proposed new lots. Cataraqui Region Conservation Authority has no objections to the creation of any of the three lots to be created. KFL&A Public Health have indicated that the lot to be created through consent application S-44-17-L (northern 2 acre lot) is flexible in terms of siting a septic system; and that the lot to be created through consent application S-45-17-L (southern 2 acre lot) has a site specific septic location along the northern edge of the proposed lot due to limited soil depth over the remainder of the lot. Comments for the lot to be created through consent application S-46-17-L were not required from KFL&A. Public Works has no objections. The building department has no objections. RESOLUTION:

C of A: 17:08:07

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-44-17-L by Geoffrey & Amanda Burns, Jeffrey & Jocelyn Ingle to create a new lot, in Concession 7, Part Lot 24, North Shore Road, District of Loughborough, subject to conditions. Carried RESOLUTION:

C of A: 17:08:08

Moved by: J. Sherbino

Seconded by: R. Sutherland

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-45-17-L by Geoffrey & Amanda Burns, Jeffrey & Jocelyn Ingle to create a new lot, in Concession 7, Part Lot 24, North Shore Road, District of Loughborough, subject to conditions. Carried RESOLUTION:

C of A: 17:08:09

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-46-17-L by Geoffrey & Amanda Burns, Jeffrey & Jocelyn Ingle to create a new lot, in Concession 7, Part Lot 24, North Shore Road, District of Loughborough, subject to conditions. Carried

Application No: Owner: Location of Property:

S-44-17-L, S-45-17-L & S-46-17-L Geoffrey & Amanda Burns, Jeffrey & Jocelyn Ingle Concession 7, Part Lot 24, North Shore Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create three new lots Date of Hearing: September 14, 2017 Date of Decision: September 14, 2017 DECISION: CONDITIONS:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

8

  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-44-17-L shall be for the creation of a 2.15 +/acre lot with 90 metres of frontage on North Shore Road.
  3. The land to be severed by Consent Application S-45-17-L shall be for the creation of a 2.15 +/acre lot with approximately 190 metres of frontage on North Shore Road.
  4. The land to be severed by Consent Application S-45-17-L shall be for the creation of a 25.7 +/acre lot with 455 metres of frontage on North Shore Road; the northern edge of which shall follow the boundary of the Provincially Significant Wetland.
  5. 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.
  6. 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.
  7. The Township of South Frontenac shall receive 5% of the value of each of the severed parcels to be created through consent applications S-44-17-L, S-45-17-L and S-46-17-L in lieu of parkland [Planning Act, s. 51(1)].
  8. 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 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.
  9. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-44-17-L.
  10. The applicant must submit a well driller’s report demonstrating a potable water pumping capacity of 3.5 gallons per minute sustained over a 6-hour pump test for the parcel severed through consent application S-45-17-L. Item #10: MV-35-17-S (Tripp) Speaking to the Application: None Speaking

9

Discussion: The subject land consists of 0.86 +/- acres with frontage on Red Maple Lane and Loughborough Lake. The property is currently developed with a single detached dwelling and a detached accessory building. The proposal is for the construction of a 26 foot by 15 foot addition to the existing dwelling which will reduce the separation between the principal dwelling and the detached accessory building to 1.52 metres (5 feet) from the normally required 3 metres. The Planning Department is able to support the application. Comments from KFL&A Public Health were not required as approval has already been obtained. Comments from Cataraqui Region Conservation Authority were not required. The building department has no objections. RESOLUTION:

C of A: 17:08:10

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-35-17-S by John Tripp to permit a reduction in the setback between buildings, in Concession 2, Part Lot 12/13, Red Maple Lane, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

MV-35-17-S John Tripp and Taryn Turnbull Concession 2, Lot/Part Lot 12/13, Red Maple Lane, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 5.24.6 of the Comprehensive Zoning By-law 2003-75 to permit a reduction of the required building separation from 3m to 1.5m Date of Hearing: September 14, 2017 Date of Decision: September 14, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

  1. This minor variance is for the construction of a 400 square foot addition to an existing dwelling to be located a minimum of 1.52 metres, at the foundation, from the existing detached accessory building.
  2. Minor variance MV-35-17-S 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. Item #11: MV-36-17-B (Byrtus) Speaking to the Application: None Speaking Discussion: The subject land consists of 0.3 +/- acres with frontage on Upper Lake Lane and Burridge Lake. The property is currently developed with a single detached dwelling located approximately 41 feet from the high water mark of Burridge Lake. The proposal is for an increase in height of the existing structure to permit foundation reconstruction and the creation of a crawlspace (maximum height of 6 feet) for the relocation of services, plus the addition of an 8 foot by 12 foot addition to the south west side of the building. The proposed addition is to facilitate the expansion of the existing bathroom to increase functionality and add storage space, in addition to providing enclosed stairway access to the crawlspace. This addition will be set back 5 feet from the front face of the dwelling and will have a setback from the water of 46 feet. 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. Comments from KFL&A Public Health and Public Works were not required.

10 Rideau Valley Conservation Authority has no objection to the minor variance provided several site best management practices are incorporated into the site plan agreement. The building department has no objections. D. Hahn visited the site and thinks the RVCA conditions are excellent for the site. He would like these same conditions applied to all the other smaller buildings on the lot as many of them were lacking proper eavestroughs and downspouts which could direct the runoff away from the lake. J. Sherbino agreed with D. Hahn and said it is very important to ensure environmental policies are followed when the Committee makes decisions. RESOLUTION:

C of A: 17:08:11

Moved by: J. McDougall

Seconded by: D. Hahn

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-36-17-B by Darcy & Catherine Byrtus, to permit construction of an addition to an existing dwelling within the 30m setback from water, in Concession 7, Part Lot 22, Upper Lake Lane, District of Bedford, subject to conditions. Carried Application No: Owner: Location of Property:

MV-36-17-B Darcy & Catherine Byrtus Concession 7, Lot/Part Lot 22, Upper Lake Lane, District of Bedford, Township of South Frontenac Purpose of Application: To vary section 5.10.2 of the Comprehensive Zoning By-law 2003-75 to permit construction of an addition to a dwelling within the 30m setback from water Date of Hearing: September 14, 2017 Date of Decision: September 14, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

  1. This minor variance is for a maximum six (6) foot increase in height of the existing structure to permit a crawlspace only (no basement, or living space permitted); plus the construction of an 8 foot by 15 foot addition to the southwest side of the existing structure. This addition is to be constructed a minimum of 46 feet from the high water mark of Burridge Lake.
  2. Minor variance MV-36-17-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 will be required from the Rideau Valley Conservation Authority for the proposed development, and for any shoreline or in-water works. This site plan shall include the detailed site recommendations in the report from Rideau Valley Conservation Authority dated September 12, 2017. Item #12: MV-37-17-S (Payne) Speaking to the Application: Donna & Joseph Payne Discussion: The subject land consists of 1.32 +/- acres with frontage on Carrying Place Lane and Dog Lake. The property is currently developed with a single detached dwelling, and multiple accessory buildings. The proposal is for demolition of the existing cottage and the construction of a new dwelling, with attached garage, to be located a minimum of 19.1 metres from the high water mark of Dog Lake. The existing cottage has a deck on the water side of the dwelling which extends to 13 metres from the high water mark; the applicant is planning on retaining this deck structure. The topography of the property is

11 such that there is a ridge of land close behind the existing dwelling which limits the opportunity for an increase in setback from the water. 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 Planning Department is able to support the application. Comments from KFL&A Public Health were not required. The Rideau Waterway Development Review Team has no objections to the proposal and recognizes the topographical challenges on the property. The building department has no objections. Planner L. Mills recommends removal of the existing deck as a condition of approval. R. Sleeth agrees with the recommendation to remove the deck and the fact that topography plays a big role in limiting construction options on the property. RESOLUTION:

C of A: 17:08:12

Moved by: K. Gee

Seconded by: R. Sleeth

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-37-17-S by Joseph and Donna Payne, to permit construction of a new dwelling within the 30m setback from water, in Concession 10, Part Lot 27, Carrying Lake Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

MV-37-17-S Joseph & Donna Payne Concession 7, Lot/Part Lot 22, Carrying Place Road, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 8.3.3 of the Comprehensive Zoning By-law 2003-75 to permit construction of new dwelling within the 30m setback from water Date of Hearing: September 14, 2017 Date of Decision: September 14, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

  1. This minor variance is for the demolition of the existing cottage and the construction of a new single detached dwelling to be located a minimum of 19 metres from the high water mark of Dog Lake. The existing deck located 13 metres from the high water mark is to be removed and a deck of the same size is permitted to be constructed a minimum of 19 metres from the high water mark.
  2. Minor variance MV-37-17-S 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 policies, and which specifies that a permit may be required from the Cataraqui Region Conservation Authority and the Parks Canada – Rideau Canal Office for the proposed development, and for any shoreline or in-water works. Item #13: MV-38-17-S (Erdman) Speaking to the Application: Mark & Christine Erdman Discussion: The subject land consists of 1.32 +/- acres with frontage on Carrying Place Lane and Dog Lake. The property is currently developed with a single detached dwelling, and a detached accessory building. The proposal is for the reconstruction of the roofline and several portions of the existing dwelling, including a cantilevered deck over a brick potion on the water side of the dwelling. This reconstruction will increase the width of this deck by 2 feet for safety purposes and require additional supports to be

12 located within the footprint of the existing brick patio. This variance is for the 2 foot reduction in setback of this deck from Dog Lake from 55 feet to 53 feet. 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 Planning Department is able to support the application. Comments from KFL&A Public Health were not required. The Rideau Waterway Development Review Team has evaluated the proposal and noted that the proposed development is located outside the setback from the regulatory floodplain and outside the erosion hazard allowance as defined by Cataraqui Region Conservation Authority. However, as the proposed development encroaches farther into the required setback that the existing dwelling they are recommending denial of the application. The building department has no objections. The Committee members had discussions regarding the reasons why the applicant was requesting the additional encroachment into the already reduced setback. R. Sutherland and J. Sherbino had concerns regarding granting this variance and effect on future applications, what the reason for the expansion was and that comfort of the applicant should not be a factor in the decision. D. Hahn said this really was a minor variance and was appropriate for the development of the property; that the Committee should consider all of the four tests of a minor variance when making decisions. He also asked for an adjustment to the site plan required as a condition to include wording to deal effectively with management of runoff from downspouts on the structure. M. Erdman said the proposed expansion was for comfort and safety reasons; that he appreciated the environmental concerns but that the expansion will have no effect on the riparian area as it is over an area already hardened with a brick patio and he was happy to accommodate any additional environmental concerns the Committee raised. RESOLUTION:

C of A: 17:08:13

Moved by: D. Hahn

Seconded by: R. Sleeth

THAT the South Frontenac Township Committee of Adjustment hereby amends the site plan required in condition 4 to include specific conditions addressing the runoff from downspouts. Carried RESOLUTION: Moved by: R. Sleeth

C of A: 17:08:14 Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-38-17-S by Mark & Christine Erdman, to permit construction of an addition to an existing dwelling within the 30m setback from water, in Concession 10, Part Lot 27, Robert Hogan Lane, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

MV-38-17-S Mark and Christine Erdman Concession 10, Lot/Part Lot 27, Robert Hogan Lane, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 5.10.2 of the Comprehensive Zoning By-law 2003-75 to permit construction of an addition to a dwelling within the 30m setback from water Date of Hearing: September 14, 2017 Date of Decision: September 14, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

  1. This minor variance is for the renovation of an existing dwelling and deck. The reconstruction of the deck is permitted to include a 2 foot increase to the existing width, reducing the setback to 53 feet from the high water mark of Dog Lake.

13 2. Minor variance MV-38-17-S 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 policies, and which specifies that a permit may be required from the Cataraqui Region Conservation Authority and the Parks Canada – Rideau Canal Office for the proposed development, and for any shoreline or in-water works. Item #14: MV-39-17-S (McKercher) Speaking to the Application: None Speaking Discussion: The subject land consists of 3.78 +/- acres with frontage on Sandstone Court and Collins Lake. The property is currently developed with a single detached dwelling. The proposal is for the construction of an accessory building between the existing dwelling and the public road in the defined front yard. The proposed location is outside the 20m required setback from the road at a distance of 40m and will be screened from the road by trees. The Planning Department is able to support the application. The building department has no objections. Comments from KFL&A Public Health were not required. Comments from Cataraqui Region Conservation Authority were not required. The building department has no objections. Planner L.Mills expressed concerns over the existing shed constructed within the 30m setback which had no permits or planning permission; he recommended adding the removal of this structure to the conditions of the minor variance. R. Sleeth has visited the site and agrees the proposed shed location is appropriate for the property. He agrees with including the removal of the existing structure as a condition. RESOLUTION: Moved by: R. Sleeth

C of A: 17:08:15 Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-39-17-S by Paul McKercher, to permit construction of an accessory building in front of the principal building, in Concession 2, Part Lot 22, Sandstone Court, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

MV-39-17-S Paul McKercher Concession 2, Lot/Part Lot 22, Sandstone Court, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 5.24.2 of the Comprehensive Zoning By-law 2003-75 to permit construction of an accessory building in front of the main building Date of Hearing: September 14, 2017 Date of Decision: September 14, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

  1. This minor variance is for the construction of a maximum 350 square foot detached accessory building to be located a minimum of 40m from the front lot line of 12 Sandstone Court.
  2. Prior to the issuance of a building permit for the accessory building permitted in Condition 1, the applicant shall remove the accessory structure constructed within the 30m setback from the high water mark of Collins Lake without planning permission.
  3. Minor variance MV-39-17-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.

14

  1. 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. Item #15: Adjournment RESOLUTION: Moved by: R. Sleeth

C of A: 17:08:15 Seconded by: K. Gee

THAT the September 14, 2017 meeting of the South Frontenac Township Committee of Adjustment is hereby adjourned at 8:10 p.m. to reconvene at 7:00 p.m. on Thursday, October 12, 2017 or at the call of the Chair. Carried

Alan Revill Chair

Lindsay Mills Secretary-Treasurer

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