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Committee of Adjustment TOWN OF GREATER NAPANEE COMMITTEE OF ADJUSTMENT A G E N D A NOVEMBER 27, 2018 at 6:45 p.m. Council Chambers, Town Hall - 124 John St., Napanee Page 1. CALL TO ORDER 2. ADOPTION OF AGENDA 2.1 Adopt Agenda Recommendation: That the Agenda of the Committee of Adjustment dated November 27, 2018 be adopted as presented. 3. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 4. ADOPTION OF MINUTES 5 - 8 4.1 Committee of Adjustment - November 13, 2018 Recommendation: That the minutes of the Committee of Adjustment dated November 13, 2018 be received and adopted. 5. LAND SEVERANCE APPLICATIONS 9 - 27 5.1 Land Severance Application PLCON 2017 020 D. & M. Bradfield, 2935 County Road 9 Legal Description - CON 5 PT LOT 14 Recommendation: That the committee change the conditions of the previously granted consent for PLCON 2017 020 to add the following condition: “a development agreement be entered into with the municipality whereby the owner agrees to execute conditions b) through i) prior to December 1, 2019” And further; that the committee deem the above noted change to be minor thereby requiring no further Notice of changing conditions. 28 - 42 5.2 Land Severance Application PLCOR 2018 056 M. Carroll, 470 County Road 9 Legal Description - CON 4 PT LOT 11 RP 29R7963 PART 1 Recommendation: That Land Severance Application PLCOR 2018 056 to permit a lot addition of 1,653 m² be approved subject to the following conditions: 1) That taxes be paid in full; 2) That the parcel is to be added to the property identified as Roll No. 1121 120 010 02410, currently owned by Duane and Donna Lewis; Page 1 of 122 COMMITTEE OF ADJUSTMENT - November 27, 2018 Agenda Page 3) That the following statement appears on the deed: “Section 50 (3) and (5) apply to subsequent conveyances of or transactions involving the identical parcels.” 4) That deeds and a survey describing the resulting transaction be submitted to the Town. 43 - 59 5.3 Land Severance Application PLCON 2018 057 A. & B. Haight, 80 Abrams Road Legal Description - CON 5 PT LOT 12 Recommendation: That Land Severance Application PLCON 2018 057 to permit one rural non-farm residential lot approximately 2.5 hectares in area be approved subject to the following conditions: 1. That the taxes be paid in full. 2. The applicant shall establish a well on the severed lot. 3. The well shall be drilled, blasted, dug or a shore well and must be constructed in accordance with provincial regulations by a person licensed by the Ministry of Environment and Climate Change to install wells. 4. A pump test conducted by a licensed well driller shall establish a minimum of 3 gallons per minute over 2 hours in order to meet the minimum CMHC requirements for mortgage financing. 5. The well driller must provide a report concerning the construction of the well and the results of the pump test on the standard form of certificate required by the MOE & CC. 6. For the purposes of determining water quality, the well water shall be sampled and tested and a report prepared by either a qualified hydrogeologist or a well technician licensed by the Ministry of Environment and Climate Change under the Regulations of the Ontario Water Resources Act. 7. The water shall be tested according to the MOE & CC’s D-5-5 set of parameters for the Ontario Drinking Water Objectives. 8. The water quality report must: • Confirm that the water was sampled and tested either personally or under the supervision of the hydrogeologist or well technician;• Confirm that the water sample complies with all of the D-5-5 parameters; • Identify any features of the water that do not meet the parameters and the remedial measures necessary to bring the water into conformity with them; and • Identify any other features of the water that may affect its aesthetic character of which users should be aware. 9. If any remedial measures are recommended or other features concerning the water are identified in the well driller’s or water quality report, the Owner shall enter into a Development Agreement with the municipality in a form satisfactory to the municipality that incorporates Page 2 of 122 COMMITTEE OF ADJUSTMENT - November 27, 2018 Agenda Page the remedial measures and other features of the water that have been identified, and the Agreement shall be registered against the title of the property on which the well is located. 10. That deeds and a survey describing the resulting transaction be submitted to the Town. 60 - 71 5.4 Land Severance Application PLCON 2018 058 M. Waitson, Sarah St. Legal Description - Plan 38A Lots 24, 25 & Pt. Lot 26 Recommendation: That Land Severance Application PLCON 2018 058 to permit one residential lot approximately 820m2 in area be approved subject to the following conditions: 1. That the taxes be paid in full. 2. That deeds and a survey describing the resulting transaction be submitted to the Town 72 - 84 5.5 Land Severance Application PLCON 2018 059 A. Brown,1076 Hogsback Road Legal Description - RICHMOND CON 11 PT LOT 4 RP 29R7764 PART 5 LIME LAKE Recommendation: That Land Severance Application PLCON 2018 059 to permit a lot addition of 4.07 hectares to an abutting lot be approved subject to the following conditions: 1. That the taxes be paid in full. 2. That the parcel is to be added to the property identified as Roll Number: 1121 090 070 16602, currently owned by D. Brown and L. Burke. 3. That a right-of-way be created over the applicant’s property identified as Roll Number 1121 090 070 16700 in favour of the property owned by D. Brown and L. Burke identified as Roll Number: 1121 090 070 16602. 4. That the following statement appears on the deed: “Section 50 (3) and (5) apply to subsequent conveyances of or transactions involving the identical parcels.” 5. That deeds and a survey describing the resulting transaction be submitted to the Town. 85 - 98 5.6 Land Severance Application PLCOR 2018 060 A. Brown, 1076 Hogsback Road Legal Description - CON 11 PT LOT 3 PT LOT 4 Recommendation: That Land Severance Application PLCOR 2018 060 to permit a lot addition of 1.02 hectares to an abutting lot be approved subject to the following conditions: 1. That the taxes be paid in full. 2. That the parcel is to be added to the property identified as Roll Number: 1121 090 070 16710, currently owned by D. Brown and L. Burke. Page 3 of 122 COMMITTEE OF ADJUSTMENT - November 27, 2018 Agenda Page 3. That a right-of-way be created over the property identified as Roll Number 1121 090 070 16710 in favour of the property owned by A. Brown identified as Roll Number: 1121 090 070 16700. 4. That the following statement appears on the deed: “Section 50 (3) and (5) apply to subsequent conveyances of or transactions involving the identical parcels.” 5. That deeds and a survey describing the resulting transaction be submitted to the Town. 99 - 110 5.7 Land Severance Application PLCON 2018 062 Nissa Corporation, 60A Enviro Park Lane Legal Description - CON 2 PT LOTS 20, 21 Recommendation: That Land Severance Application PLCON 2018 062 to permit a lot addition of 1,538m2 to an abutting lot be approved subject to the following conditions: 1. That the taxes be paid in full. 2. That the parcel is to be added to the property identified as Roll Number: 1121 020 010 08530, currently owned by Manco Recycling Systems Inc. 3. That the following statement appears on the deed: “Section 50 (3) and (5) apply to subsequent conveyances of or transactions involving the identical parcels.” 4. That deeds and a survey describing the resulting transaction be submitted to the Town. 111 - 122 5.8 Land Severance Application PLCON 2018 063 Nissa Corporation, 60A Enviro Park Lane Legal Description - CON 2 PT LOTS 20, 21 Recommendation: That Land Severance Application PLCON 2018 063 to permit a lot addition of 700m2 to an abutting lot be approved subject to the following conditions: 1. That the taxes be paid in full. 2. That the parcel is to be added to the property identified as Roll Number: 1121 020 010 08505, currently owned by 1829911 Ontario Inc. 3. That the following statement appears on the deed: “Section 50 (3) and (5) apply to subsequent conveyances of or transactions involving the identical parcels.” 4. That deeds and a survey describing the resulting transaction be submitted to the Town. 6. ADJOURNMENT Page 4 of 122 TOWN OF GREATER NAPANEE COMMITTEE OF ADJUSTMENT Minutes of Meeting Held November 13, 2018 at 6:45 PM Council Chambers, Town Hall - 124 John St., Napanee PRESENT: Mayor Gordon Schermerhorn in the Chair, Deputy Mayor Marg Isbester, Councillor Ward 1 Michael Schenk, Councillor Ward 2 Max Kaiser, Councillor Ward 3 Roger Cole, Councillor Ward 4 Carol Harvey, Councillor Ward 5 Shaune Lucas CALL TO ORDER Mayor Schermerhorn called the meeting to order at 6:45 p.m. ADOPTION OF AGENDA RESOLUTION #P46/18: Cole & Kaiser That the Agenda of the Committee of Adjustment dated November 13, 2018 be adopted as presented. CARRIED. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF There were no disclosures of pecuniary interest. ADOPTION OF MINUTES Committee of Adjustment - October 9, 2018 RESOLUTION #P47/18: Isbester & Schenk That the minutes of the Committee of Adjustment dated October 9, 2018 be received and adopted. CARRIED. MINOR VARIANCE APPLICATIONS Minor Variance Application PLVAR 2018 043 Green Earth Realty Inc., 126 Vanluven Rd. Legal Description - RICHMOND CON 2 PT LOT 23 RP 29R10456 PARTS 1 AND 2 There were no members of the public in attendance to speak in favour of or against the application.
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