COMMITTEE OF ADJUSTMENT REGULAR MEETING MINUTES
Wednesday, May 27, 2015
The Township of Rideau Lakes Committee of Adjustment held a Regular Meeting on Wednesday, May
27, 2015 at the Municipal Office in Chantry, Ontario.
The following committee members were in attendance: Councillors Linda Carr, Arie Hoogenboom,
Cathy Livingston, Cathy Monck, Ron Pollard and Mayor Ron Holman. Brittany Mulhern, Manager of
Development Services and Jason Sands, Associate Planner, were also in attendance.
The following resolution was duly moved and seconded:
ADOPTION OF THE AGENDA:
RESOLUTION #1
Moved By:
Seconded By:
Cathy Livingston
Linda Carr
That this Committee adopt the Agenda, as submitted.
Carried:
ADOPTION OF MINUTES:
Minutes of the Committee of Adjustment Regular Meeting held May 13, 2015 were distributed to the
Committee. Chairperson Pollard asked for any errors, omissions or questions and Councillor
Hoogenboom suggested an amendment regarding comments made about the public in attendance for
Minor Variance Application A-8-2015.
The following resolution was duly moved and seconded:
RESOLUTION #2
Moved By:
Seconded By:
Cathy Monck
Linda Carr
That this committee approve the Committee of Adjustment Regular Meeting Minutes of May 13, 2015,
as amended.
Carried:
NEW BUSINESS
A-5-2015 – JOANNE MYERS and LAURIE BERLYN – WARD OF NORTH CROSBY
Concession 7, Part Lot 1, Newboro Lake, Civic Address: 781 Leisure Point Road
The applicants were not present at this meeting however Justin Martin, attended as agent to discuss
Minor Variance A-5-2015.
Jason Sands, Associate Planner, reviewed the application to develop a 288ft² side addition and a 528ft²
partial second storey addition to an existing 720ft² non-complying dwelling. The applicants are also
proposing a 96ft² uncovered attached deck located on the water side of the proposed side addition. The
proposed additions will be going no closer to the water than the existing structure.
No comments were received from adjacent owners who were notified of this application.
CoA Meeting
May 27/15
Pg. 2
Comments were received from the Rideau Waterfront Development Review Team prior to the meeting
and were presented to the Committee for consideration.
The neighbour attended and asked about the septic location.
After discussion, the following resolution was duly moved and seconded:
RESOLUTION #3
Moved By:
Seconded By:
Cathy Monck
Arie Hoogenboom
That Minor Variance A-5-2015, by Joanne Myers and Laurie Berlyn, of the Ward of North Crosby, is approved
as submitted for the following reasons provided the attached conditions are complied with:
REASONS:
1.
The development is compatible with surrounding land uses and development will be able to fit in
accordingly with existing development.
2.
The decommissioning of the existing non-complying septic system and replacement with a complying
system is viewed a positive trade-off that supports the Waterfront Development Policies.
3.
The proposed additions are not expected to significantly change the aesthetics from the shoreline and
does not worsen an existing situation.
CONDITIONS:
1. That this approval is based on the following specifications and that any deviation from these
specifications will require subsequent review and approval by the Township:
a. The dimensions and location of the proposed structure(s) shall be consistent with the
information noted in the site plan application (and updated information) and/or minor
variance and the approved site plan drawing;
b. All setbacks and development parameters shall be consistent with the details noted in
the approved site plan and compliant with Zoning By-law 2005-6 where no variance has
been granted;
2. That the existing septic system be decommissioned and a new complying system be installed prior to
the issuance of a building permit for the proposed additions;
3. Existing vegetation within the 30m setback shall be generally maintained, except for that disturbed by
the proposed development. The applicant shall encourage the development of a shoreline
naturalization buffer (no disturbance area) extending 15m back from the high water mark. A moderate
shoreline access path through this area is permitted;
4. That storm water runoff be addressed through the installation of eavestroughs along the roof line of all
proposed structures, and that captured water be directed away from the lake to an infiltration or
settlement area;
5. That all outdoor lighting be downward cast, and as minimal as required to meet the required
objectives;
6. That all materials used on the exterior of the structure be of a natural material or a colour reflective of
the surrounding environment;
…cont’d
CoA Meeting
May 27/15
Pg. 3
(Resolution #3 re A-5-2015 cont’d)
7. That the applicant maintain all on site drainage patterns;
8. That sediment and erosion control measures be implemented during all stages of construction. This
must include some form of silt fencing between the areas of development and the lake. This fencing
must remain in place until all areas that were disrupted are fully stabilized (i.e. no bare soils remain);
9. All excavated material is to be disposed of away from the lake, and all construction material shall be
stored in a location well away from the lake; and
10. Future development not included in this application will be subject to review and approval by the
Township, Conservation Authority and/or Parks Canada and any other governing agency or regulations
where applicable.
Carried:
A-11-2015 – CHRISTOPHER HALLADAY and MELISSA HALLADAY - WARD OF BASTARD & SOUTH BURGESS
Concession 8, Part Lot 3, RP 28R9551, Part 1, Civic Address: 1017 Hanna Road
Mr. and Mrs. Halladay were present to discuss Minor Variance Application A-11-2015.
Jason Sands, Associate Planner, reviewed this application to develop an outdoor woodburning furnace.
Comments received from an adjacent owner regarding the proximity of the woodburning applicance to
their property line were considered by the Committee. Mr. Sands stated that although the Committee
must consider the neighbours’ use and enjoyment of the entire lot, the closest dwelling is 280m from the
area of development for the woodburning furnace.
Following discussion, the following resolution was duly moved and seconded:
RESOLUTION #4
Moved By:
Seconded By:
Cathy Livingston
Arie Hoogenboom
That Minor Variance A-11-2015, by Christopher Halladay and Melissa Halladay, of the Ward of Bastard &
South Burgess, is approved as submitted for the following reasons provided the attached conditions are
complied with:
REASON(S):
1.
2.
3.
No negative impacts are expected as the separation distance to the closest dwelling will be
approximately 280m.
The proposed use of a high efficiency unit is considered adequate to reduce the odour/smoke
potential.
The proposed variances are considered to be minor in nature.
CONDITIONS:
1. That the outdoor wood burning unit to be installed shall meet Canadian Standards Association (CSA)
standard B415.1 or EPA Phase 2 Qualified relating to the control of emissions; and
…cont’d
CoA Meeting
May 27/15
Pg. 4
(Resolution #3 re A-11-2015 cont’d)
2. The applicant shall for the life of the unit maintain the unit in good repair and use in accordance with
the manufacturer’s recommendations.
Carried:
A-12-2015 – KENNETH MITTELSTADT and MARGARET MITTELSTADT – WARD OF SOUTH ELMSLEY
Concession 4, Part Lot 23, Plan 282, Lot 3, Bass Lake, Civic Address: 94 B12
Mr. and Mrs. Mittelstadt were present to discuss Minor Variance Application A-12-2015.
Jason Sands, Associate Planner reviewed the application to demolish and rebuild an existing two-storey
2331ft² non-complying dwelling and add an 854ft² basement addition, as well as a 70ft² side addition. The
existing Floor Space Index (FSI) of the property is 11.7% and the proposal is to increase the FSI to 16.4% of
the total lot. The proposed additions are to be located a minimum of 20 feet further from the water than
the existing dwelling.
Comments from the Rideau Waterfront Development Review Team (RWDRT) received prior to the meeting
were presented for consideration.
Councillor Hoogenboom stated that he had visited the site and would not support completely removing the
gazebo as required by the RWDRT.
After discussion, the following Resolution was duly moved and seconded:
RESOLUTION #5
Moved By:
Seconded By:
Arie Hoogenboom
Ron Holman
That Minor Variance A-12-2015, by Kenneth Mittelstadt and Margaret Mittelstadt, of the Ward of South
Elmsley, is approved as amended for the following reasons, provided the attached conditions are complied
with:
AMENDMENTS:
•
Section 3.26.3 - Relief of 9.1m from the required 30m water setback to allow for a 20.9m water
setback for the proposed 6.5m²(70ft²) side addition.
•
Section 3.1.9 – Relief of 9.1m from the required 30m natural heritage setback to allow for a 20.9m
natural heritage setback for the proposed 6.5m²(70ft²) side addition.
•
Section 3.26.3 - Relief of 9.4m from the required 30m water setback to allow for a 20.6m water
setback for the proposed 79.4m²(854ft²) basement addition as well as for the increases in height
and volume to the existing dwelling to accommodate the basement addition.
•
Section 3.1.9 – Relief of 9.4m from the required 30m natural heritage setback to allow for a 20.6m
natural heritage setback for the proposed 79.4m²(854sqft) basement addition as well as for the
increases in height and volume to the existing dwelling to accommodate the basement addition.
…cont’d
CoA Meeting
May 27/15
Pg. 5
(Resolution #5 re A-12-2015 cont’d)
REASONS:
1.
The development is compatible with surrounding land uses and development and will be able to fit in
accordingly.
2.
The potential water/wetland setbacks for the development have been maximized given the pattern
of development on the lot such as the hydro equipment and septic system.
3.
The proposed increases in habitable space will not significantly alter the existing massing and visual
landscape from the shoreline.
CONDITIONS:
1. That this approval is based on the following specifications and that any deviation from these
specifications will require subsequent review and approval by the Township:
a. The dimensions and location of the proposed structure(s) shall be consistent with
the information noted in the site plan application (and updated information)
and/or minor variance and the approved site plan drawing;
b. All setbacks and development parameters shall be consistent with the details
noted in the approved site plan and compliant with Zoning By-law 2005-6 where
no variance has been granted;
2. That the water setback for the rebuild of the existing dwelling is be a minimum of 12.1m;
3. That the proposed 150ft² accessory structure (gazebo) be reduced to a maximum size of 144ft²;
4. That the 2331ft² dwelling and 707ft² of uncovered attached decking be removed prior to the issuance
of a building permit for the proposed dwelling;
5. That the 144ft² accessory structure (boathouse) and 137ft² (woodshed/shed) be removed prior to the
issuance of an occupancy permit for the proposed dwelling;
6. That all recommendations in the Environmental Impact Statement Report prepared in May, 2015 by
Pinegrove Biotechnical be implemented and/or adhered to;
7. Existing vegetation within the 30m setback shall be generally maintained, except for that disturbed by
the proposed development. The applicant shall encourage the development of a shoreline
naturalization buffer (no disturbance area) extending 15m back from the high water mark. A moderate
shoreline access path through this area is permitted;
8. That storm water runoff be captured and directed away from the lake to an area of infiltration;
9. That all outdoor lighting be downward cast, and as minimal as required to meet the required
objectives;
10. That all materials used on the exterior of the structure be of a natural material or a colour reflective of
the surrounding environment;
11. That the applicant maintain all on site drainage patterns;
12.
That sediment and erosion control measures be implemented during all stages of construction. This
must include some form of silt fencing between the areas of development and the lake. This fencing
must remain in place until all areas that were disrupted are fully stabilized (i.e. no bare soils remain);
13. All excavated material is to be disposed of away from the lake, and all construction material shall be
stored in a location well away from the lake; and
…cont’d
CoA Meeting
May 27/15
Pg. 6
(Resolution #5 re A-12-2015 cont’d)
14. Future development not included in this application will be subject to review and approval by the
Township, Conservation Authority and/or Parks Canada and any other governing agency or regulations
where applicable.
Carried:
BUSINESS ARISING FROM MINUTES:
A-8-2015 – RICHARD EARLE – WARD OF BASTARD & SOUTH BURGESS
Concession 2, Part Lot 21, Big Rideau Lake, Civic Address: not yet assigned
The applicant was not present at this Committee of Adjustment hearing, however Mr. Earle’s father,
Richard Earle Sr. was present acting as agent.
Jason Sands, Associate Planner reviewed this application to develop a 963ft² single-storey dwelling and a
sewage disposal system (holding tank) on this irregular-shaped property located on Big Rideau Lake in the
Ward of Bastard & South Burgess. This application was previously discussed at the May 13th Committee of
Adjustment Meeting and deferred to allow further review and address the concerns identified at that
meeting.
Mr. Sands provided an update on the proposal explaining that a tertiary septic system is a viable option
rather than a holding tank as originally proposed.
Comments received prior to the meeting from Peter Hannah were discussed at this meeting.
Several interested property owners/agents of owners were in attendance to make comments regarding this
application. Those comments included the following:
Peter Hannah commented on the application stating that the lot is too small to be developed and that a
setback of 8m from Big Rideau Lake, when the setback recommended by the Conservation Authority is
40m, is too much of a difference. Mr. Hannah stated that the Township’s Official Plan allows for undersized
lots to be developed but only as long as setbacks are met.
Dave Walker, on behalf of the Rideau Waterway Land Trust, provided comments supporting Mr. Hannah.
He stated that the United Nations Educational, Scientific and Cultural Organization (UNESCO) site of the
Rideau Canal should be protected.
Councillor Doug Good, on behalf of the Big Rideau Lake Association, commented that the development is
inappropriate and definitely not minor.
Councillor Cathy Livingston stated that the 30m setback should be maintained.
Mayor Ron Holman commented that the subject property is a “lot of record” which must be considered.
Mayor Holman stated that when the Official Plan was implemented, consideration was given to property
owners not being zoned out of the use of their property.
Councillor Arie Hoogenboom commented that he would like to see the Committee help with appropriate
development of these smaller lots.
CoA Meeting
May 27/15
Pg. 7
Councillor Linda Carr enquired about vegetation on the lot. Mr. Earle advised that there is sufficient
vegetation on the lot to support this development.
Christine Woods, Planner (CRCA) stated that there are lots which have been deemed “not buildable” when
considered by the Ontario Municipal Board. She further stated that the property is not within the
Cataraqui Region Conservation Authority’s (CRCA) regulated area.
Councillor Ron Pollard asked Mr. Earle if they have considered scaling down the size of the development to
allow for a greater setback. Mr. Earle stated that his son would consider reducing the size of the structure.
After discussion, the following resolution was duly moved and seconded:
RESOLUTION #6
Moved By:
Seconded By:
Ron Holman
Arie Hoogenboom
That Minor Variance A-8-2015, by Richard Earle, of the Ward of Bastard & South Burgess, is approved as
submitted for the following reasons, provided the attached conditions are complied with:
REASONS:
1.
The proposal adheres to lot coverage and Floor Space Index (FSI) provisions;
2.
The proposed development has maximized the water setback on the subject property;
3.
The proposed development is appropriate use and development of the waterfront residential
property.
CONDITIONS:
1. That this approval is based on the following specifications and that any deviation from these
specifications will require subsequent review and approval by the Township:
a. The dimensions and location of the proposed structure(s) shall be consistent with
the information noted in the site plan application (and updated information)
and/or minor variance and the approved site plan drawing;
b. All setbacks and development parameters shall be consistent with the details
noted in the approved site plan and compliant with Zoning By-law 2005-6 where
no variance has been granted;
2. That a tertiary sewage disposal system be installed in accordance with the requirements of the Ontario
Building Code. Should the applicant choose to install a Waterloo Biofilter Area Bed System, the
applicant will be required to adhere to all requirements subject to the CEMC (99-08-236) approval,
including but not limited, to the maintenance program;
3. That the existing buffer of natural vegetation be maintained between the structure and the rear lot
line;
…cont’d
CoA Meeting
May 27/15
Pg. 8
(Resolution #6 re A-8-2015 – Earle (cont’d)
4. Existing vegetation within the 30m setback shall be maintained, except for that disturbed by the
proposed development. The applicant shall develop a shoreline naturalization buffer (no disturbance
area) extending 15m back from the high water mark. A moderate shoreline access path through this
area is permitted;
5. That storm water runoff be captured and directed away from the lake to an area of infiltration;
6. That all outdoor lighting be downward cast, and as minimal as required to meet the required
objectives;
7. That all materials used on the exterior of the structure be of a natural material or a colour reflective of
the surrounding environment;
8. That the applicant maintain all on site drainage patterns;
9. That sediment and erosion control measures be implemented during all stages of construction. This
must include some form of silt fencing between the areas of development and the lake. This fencing
must remain in place until all areas that were disrupted are fully stabilized (i.e. no bare soils remain);
10.
All excavated material is to be disposed of away from the lake, and all construction material shall be
stored in a location well away from the lake;
11.
Future development not included in this application will be subject to review and approval by the
Township, Conservation Authority and/or Parks Canada and any other governing agency or regulations
where applicable; and
12. That the maximum permitted dwelling size shall be 850ft² and the minimum permitted dwelling size
shall be 807ft².
Carried:
ADJOURNMENT
The Chair declared the Committee of Adjustment Meeting adjourned at 2:52 p.m., until the next Regular
Meeting.
Ron Pollard
Chairperson
Brittany Mulhern
Secretary