City of Kingston Report to Committee of Adjustment Report Number COA

To: From: City of Kingston Report to Committee of Adjustment Report Number COA-17-025 Chair and Members of Committee of Adjustment Tim Fisher, Planner Date of Meeting: May 29, 2017 Application for: File Number: Address: Owner/Applicant: Minor Variance D13-051-2015 1656 Crimson Crescent Patrick and Dawn Villeneuve Executive Summary: This is a report to recommend approval to the Committee of Adjustment regarding an application for Minor Variance for the property located at 1656 Crimson Crescent. The applicant is proposing to reduce the minimum required setbacks from the side and rear lot lines to recognize the location of a swimming pool and utility shed located in the rear yard. Two variances are requested to recognize the location of a storage shed in the rear yard. The variances are to reduce the minimum side yard setback from 1.2 metres to 0 metres and reduce the rear yard setback from 1.2 metres to 0 metres. The reduction will recognize the location of the shed and its eaves to the side and rear property lines. Another variance is requested to recognize the location of an inground swimming pool wet surface from the rear lot line by reducing the minimum setback from a lot line to the wet surface from 1.5 metres to 1.2 metres. During the technical circulation process in 2015, the Engineering Department identified concerns regarding lot grading and drainage. The application was put on hold until such time as the Engineering Departments concerns could be satisfactory addressed. The owner/applicant submitted a Lot Grading Plan prepared by Murray Josselyn dated April 10, 2017 which was approved by the Engineering Department. The Engineering Department is satisfied with the grading plan and drainage. Committee of Adjustment Meeting Number 6 May 29, 2017 1

The subject property is designated Residential in the City of Kingston Official Plan and zoned R4-34 Special Residential Type 4 in Zoning By-Law Number 76-26. The proposal complies with the residential policies of the Official Plan and satisfies the variance policies in Section 9.5.19. The requested variances and continued use of the storage/equipment shed and swimming pool will not have any adverse effects on the abutting land owners. As a condition of approval, the owner applicant shall ensure that there are no adverse impacts on neighbouring properties from increased runoff as a result of any alteration to grading or downspout orientation. The continued use of the storage/equipment shed and swimming pool will continue to serve the functional needs of the single family use. A privacy fence has been constructed around the perimeter of the rear yard which provides additional visual screening and privacy from the adjacent residential uses. The requested minor variances are consistent with the general purpose and general intent of both the City of Kingston Official Plan and Zoning By-Law Number 76-26. The variances are considered to be appropriate and minor, and meet all four tests under the Planning Act. Recommendation: t is recommended that minor variance application, File Number D13-051-2015, for the property located at 1656 Crimson Crescent be approved subject to Exhibit G (Draft Notice of Decision) to Report Number COA-17-025. Committee of Adjustment Meeting Number 6 May 29, 2017 2

Authorizing Signatures: Tim Fisher, Planner n Consultation with the following Management of the Community Services Group: Paige Agnew, Director, Planning, Building & Licensing Services Lanie Hurdle, Commissioner, Community Services Committee of Adjustment Meeting Number 6 May 29, 2017 3

Options/Discussion: On November 6, 2015, a Minor Variance application was submitted by the owners Patrick and Dawn Villeneuve with respect to a property located at 1656 Crimson Crescent. Variances are requested to reduce the minimum side and rear yard setback requirements for a storage/equipment shed and swimming pool located in the rear yard. A public notice was mailed to all property owners within a 60 metre radius of the subject property and signage was posted. During the technical circulation process, the Engineering Department identified concerns regarding lot grading and drainage. The application was put on hold until the Engineering Departments concerns were satisfactory addressed. The owner/applicant submitted a Lot Grading Plan prepared by Murray Josselyn dated April 10, 2017 which was approved by the Engineering Department. The subject property is designated Residential in the City of Kingston Official Plan and zoned R4-34 in Zoning By-Law Number 8499. The proposal complies with the residential policies of the Official Plan and satisfies the variance policies in Section 9.5.19. n support of the application, the applicant has submitted the following: Sketch (Exhibit C) Building Permit Application Plot Plan (Exhibit D) Lot Grading Plan (Exhibit E) All submission materials are available online through the Development and Services Hub (DASH) at the following link, DASH, using Look-up a Specific Address. f there are multiple addresses, search one address at a time, or submission materials may also be found by searching the file number. Site Characteristics The subject property is located along the west side of Crimson Crescent, south of Evergreen Drive, and is adjacent to other single family dwellings. t is approximately 368 square metres in area with 10 metres of frontage on Crimson Crescent. The property is currently developed with a single family dwelling, swimming pool and storage/equipment shed. Application A minor variance is not a mathematical calculation, but rather an assessment of whether the general intent of the Official Plan and zoning by-law are maintained. To do this, the impact of the variance on the surrounding land uses and the appropriateness of the development are considered. When reviewing applications for minor variance, the approval authority must be satisfied that each of the four tests of the Planning Act are met. The following provides this review: Committee of Adjustment Meeting Number 6 May 29, 2017 4

1) The proposal shall be consistent with the Provincial Policy Statement (PPS) and the general intent and purpose of the Official Plan Provincial Policy Statement The Provincial Policy Statement provides policy direction on matters of provincial interest related to land use planning and development which are complemented by local policies addressing local interests. The application being considered is site specific to accommodate a specific proposal and does not involve any major policy considerations; the proposal conforms to and is consistent with the PPS. Official Plan The subject property is designated Residential in the City of Kingston Official Plan and subject to the policies of Section 3.3. The predominant use within the Residential designation is residential dwellings, including detached, semi-detached or duplex dwellings, townhouses, and apartments. The implementing zoning by-law will provide standards for housing types, building height, massing, setbacks, private open space, parking, and other criteria. n considering whether the proposal is desirable, the Committee of Adjustment will have regard to the requirements included within the Official Plan, specifically Section 9.5.19. The strategic direction of the Plan hinges on sustainability, function and compatibility on the site and surrounding land uses, buildings or structures as recommended in Section 2.7. a. The proposal meets the intent of Section 2 and other policies of the Official Plan as the rear yard will remain functional for the single family dwelling use. A rear yard is maintained for outdoor amenity and play space and the uses are in keeping with other residential uses and accessory uses in the rear yard. b. The proposal is compatible with the surrounding residential uses including sheds, pools, patios and covered and uncovered decks that are typical in the rear yard of a residential use. The variance to reduce the rear and side yard setbacks for the shed will not have any adverse effects on the abutting residential uses. Drainage will continue to function as per the drainage plan approved by the Engineering Department. c. Access to the rear yard will be maintained along the side yards and through the rear access from the dwelling. Parking and access to the dwelling will be maintained from Crimson Crescent. d. The proposal is not subject to Section 8, Urban Design Policies as the site is developed with a single family dwelling within an established residential subdivision. e. The subject property is not within or adjacent to a property on the City of Kingston s Heritage Property Register. The site has been cleared of Archaeology. Committee of Adjustment Meeting Number 6 May 29, 2017 5

f. The subject site has adequate municipal water and sewage services. The requested variances will not have any negative impacts on the existing services to the single family dwelling. g. The variances are minor, it has been demonstrated through a grading plan that the requested variance will not result in drainage impacts on adjacent properties. The neighbourhood is a newly developed subdivision with some owner s constructing decks, sheds and pools in the rear yards. The abutting lots currently do not have any accessory structures however the variances will not inhibit the abutting land owners to construct accessory structures or swimming pools subject to compliance with the zoning by-law provisions. The subject property backs onto the rear yard of 1638 Crimson Crescent and will have no negative impacts on the continued use of the property or enjoyment of their rear yard. h. The subject property is fully fenced and the location of the swimming pool will have no impacts on the abutting land owners. i. The Committee of Adjustment may attach conditions as is deems appropriate to the application. A draft Notice of Decision is attached to the report (Exhibit H) which provides any conditions or information subject to the Committee s decision. j. The proposed variances are site specific and will not result in an undesirable precedent for the residential neighbourhood. The proposed development conforms to the intent of the Official Plan. 2) The general intent and purpose of the zoning by-law varied is maintained The subject property is zoned R4-34 Special Residential Type 4 in Zoning By-Law Number 76-26, as amended. The uses permitted in the R4-34 zone include a single family dwelling as per Section 15. An accessory use such as a storage/equipment shed is permitted subject to Section 5.1, which regulates the setbacks from side and rear lot lines, height and lot coverage. The owners constructed a 7.5 square metre storage/equipment shed in the rear yard to house the mechanical equipment for a swimming pool. The structure did not require a Building Permit as it was less than 10 square metres; however, the structure is required to comply with the 1.2 metre side yard and rear yard setback requirement. The shed is designed with a reduced eave along the rear and side lot line which extends to the lot lines. The shed is setback approximately 10 centimetres to the side and rear lot lines with the eaves extending to the lot lines. Therefore, the owners are requesting a variance to reduce the side and rear yard setback requirement for an accessory structure from 1.2 metres to 0 metres. Committee of Adjustment Meeting Number 6 May 29, 2017 6

Private swimming pools are permitted to be located in the required interior side yard or the rear yard subject to the requirements of Section 5.25(e). No part of the inside wet surface of such swimming pool may be located 1.5 metres to any rear or side lot line. The owners installed an in-ground swimming pool in 2013 with a Building Permit. After the swimming pool was constructed and fencing was erected it was determined that the rear lot line was on an angle which reduced the setback at the northwest corner of the pool. Therefore, the owners are requesting an additional variance to reduce the setback of the inside wet surface of a pool from the rear lot line from 1.5 metres to 1.2 metres. 3) The variance is minor in nature The cumulative impact of the proposal and the requested variances are deemed minor, and are therefore not subject to a zoning by-law amendment application process. The requested variances will recognize the location of an existing swimming pool and storage/equipment shed within the rear yard of a single family dwelling use. The variances will not alter the character of the neighbourhood as sheds and pools are located in the rear yards in the residential neighbourhood. 4) The variance is desirable for the appropriate development or use of the land, building or structure The requested variances and continued use of the storage/equipment shed and swimming pool will not have any adverse effects on the abutting land owners. As a condition of approval, the owner applicant shall ensure that there are no adverse impacts on neighbouring properties from increased runoff as a result of any alteration to grading or downspout orientation. The continued use of the storage/equipment shed and swimming pool will continue to serve the functional needs of the single family use. A privacy fence has been constructed around the perimeter of the rear yard which provides additional visual screening and privacy from the adjacent residential uses. Technical Review: Circulated Departments and Agencies Building Division Engineering Department Heritage (Planning Division) Finance Utilities Kingston Real Estate & Environmental nitiatives Fire & Rescue Kingston Hydro Environment Division Solid Waste Parks Development Canadian National Railways Housing District Councillor Ministry of Transportation KEDCO Municipal Drainage Parks of the St. Lawrence CRCA KFL&A Health Unit Trans Northern Pipelines Parks Canada Eastern Ontario Power CFB Kingston Hydro One Enbridge Pipelines TransCanada Pipelines Kingston Airport Placeholder Placeholder Committee of Adjustment Meeting Number 6 May 29, 2017 7

Technical Comments This application was circulated to external agencies and internal departments for their review and comment and there were no comments or concerns raised that would preclude this application from moving forward. Any technical comments that are received after the publishing of this report will be included as an addendum to the Committee of Adjustment Agenda. Public Comments At the time this report was finalized, no public objections or concerns were received. Any public comments received after the publishing of this report will be included as an addendum to the Committee of Adjustment Agenda. Previous or Concurrent Applications There are no concurrent or relevant historic planning applications on the subject property. Conclusion The requested minor variance is consistent with the general purpose and general intent of both the City of Kingston Official Plan and Zoning By-Law Number 76-26. The minor variance meets all four tests under the Planning Act and as such the application is being recommended for approval, subject to the proposed conditions. Approval of this application will permit the owner/applicant to maintain the existing utility shed and swimming pool in its current location. Existing Policy/By-Law: The proposed application was reviewed against the policies of the Province of Ontario and City of Kingston to ensure that the changes would be consistent with the Province s and the City s vision of development. The following documents were assessed: Provincial Provincial Policy Statement, 2014 Municipal City of Kingston Official Plan Zoning By-Law Number 76-26 Notice Provisions: A Committee of Adjustment Meeting is going to be held respecting this application on May 29, 2017. Pursuant to the requirements of the Planning Act, a notice of Statutory Public Meeting was provided by advertisement in the form of signs posted on the subject site 10 days in advance of the meeting. n addition, notices were sent by mail to a total number of 26 property owners (according to the latest Assessment Roll) within 60 metres of the subject property and a courtesy notice was placed in The Kingston Whig-Standard on Tuesday, May 23, 2017. f the application is approved, a Notice of Decision will be circulated in accordance with the provisions of the Planning Act. Committee of Adjustment Meeting Number 6 May 29, 2017 8

Accessibility Considerations: Not applicable Financial Considerations: Not applicable Contacts: Paige Agnew, Director, Planning, Building & Licensing Services 613-546-4291 extension 3252 Marnie Venditti, Manager, Development Approvals 613-546-4291 extension 3256 Tim Fisher, Planner 613-546-4291 extension 3215 Other City of Kingston Staff Consulted: The application was circulated to the relevant internal departments and external agencies for review and comment. The responses to the technical circulation have been addressed in the technical review and included in this report. Exhibits Attached: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Key Map Public Notice Notification Map Sketch Building Permit Application Plot Plan Lot Grading Plan Site Photos Draft Notice of Decision Committee of Adjustment Meeting Number 6 May 29, 2017 9

1072 1064 1060 1058 1056 1054 1052 1172 1182 1184 1186 1188 1190 ESCALA CRES 1163 11611159 11571155 1153 1151 11491147 11451143 1141 1139 11371135 11331131 1232 12301228 12261224 1222 1220 121812161214 1212 12101208 12061204 1202 1200 RS DR CONTEXT MAP 1233 12311229 12271225 12231221219 12171215 12131211 12091207 12051203 1201 1432 14301428 14261424 14221420141814161414 1412 141014081406 14041402 1400 COLLNS BAY RD ESCALA CRES CATARAQU WOODS DR ESCALA CRES TAYLOR-KDD BLVD 1120 1118 1116 1114 1112 1110 1108 1106 1104 1102 1100 BAYRDGE DR PRNCESS ST 1075 1073 1071 1069 1067 1065 1063 1061 1059 1057 1055 1053 MDLAND AVE WOODHAVEN DR WOODHAVEN DR EVERGREEN DR EVERGREEN DR EVERGREEN DR EVERGREEN DR 003 # 2 1443 1441 14391437 1435 14331431 1429 1427 14251423 1421 1419 1046 1044 1042 1040 1038 1036 1034 1032 1030 1028 1026 1024 1022 1020 1018 1016 1014 1012 1010 1008 1006 ROSANNA AVE 1001 1618 1620 16221624 1656 1659 1626 1509 1508 16281630 16321634 1636 1638 1654 1657 1511 1510 1616 1652 1655 1513 1512 1614 1653 1515 1514 1612 1651 1517 1516 1623 1649 1610 1625 1627 1519 1518 16291631 16331635 1608 16371639 1647 1641 1521 1520 16431645 1606 1523 1522 1604 1602 1600 MARA AVE 1598 1596 1658 CRMSON CRES 1664 1662 1660 1525 15871585 1583 1581 1579 1527 1577 1575 1573 1571 1569 1567 1565 1563 1561 1559 1557 1555 1553 1551 1549 1547 15451543 CRMSON CRES 1667 1665 1663 1661 1503 1507 15941592 1534 1590 1588 1586 1584 1582 1580 1578 1576 1574 1536 1572 1570 1568 1566 1564 1562 1560 1558 1556 1554 1552 1550 1548 1538 1546 1544 15421540 1501 1500 1505 1528 1530 1532 1524 1526 1015 1013 1502 1504 1506 1021 1019 1017 1011 1025 1023 1029 1027 1047 1045 1041 1037 1035 1033 1031 1043 1039 WOODHAVEN DR 970 Planning, Building & Licensing Services a department of Community Services PREPARED BY: J. Partridge DATE: 5/1/2017 COMMTTEE OF ADJUSTMENT KEY MAP Applicant: Patrick & Dawn Villeneuve Owner: Patrick & Dawn Villeneuve File Number: D13-051-2015 Address: 1656 Crimson Crescent 0 10 20 30 40 Metres 1:2,000 Disclaim er: This document is subject to copyright and m ay only be used for your personal, noncom m ercial use provided you keepintact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any dam ages of any kind resulting from the use of, or reliance on, the inform ation contained in this docum ent. The City of Kingston does not make any representation or warranty, express or implied, concerning the accuracy, quality, or reliability of the use of the information contained in this document. 2015 The Corporation of the City of Kingston. LEGEND E Lands Subject to Minor Variance Committee of Adjustment Meeting Number 6 May 29, 2017 10

1072 1064 1060 1058 1056 1054 1052 1172 1182 1184 1186 1188 1190 ESCALA CRES 1163 11611159 11571155 1153 1151 11491147 11451143 1141 1139 11371135 11331131 1232 12301228 12261224 1222 1220 121812161214 1212 12101208 12061204 1202 1200 RS DR 1233 12311229 12271225 12231221219 12171215 12131211 12091207 12051203 1201 1432 14301428 14261424 14221420141814161414 1412 141014081406 14041402 1400 ESCALA CRES ESCALA CRES 1120 1118 1116 1114 1112 1110 1108 1106 1104 1102 1100 1075 1073 1071 1069 1067 1065 1063 1061 1059 1057 1055 1053 WOODHAVEN DR WOODHAVEN DR EVERGREEN DR EVERGREEN DR EVERGREEN DR EVERGREEN DR 003 # 2 1443 1441 14391437 1435 14331431 1429 1427 14251423 1421 1419 1046 1044 1042 1040 1038 1036 1034 1032 1030 1028 1026 1024 1022 1020 1018 1016 1014 1012 1010 1008 1006 ROSANNA AVE 1001 1618 1620 16221624 1656 1659 1626 1509 1508 16281630 16321634 1636 1638 1654 1657 1511 1510 1616 1652 1655 1513 1512 1614 1653 1515 1514 1612 1651 1517 1516 1623 1649 1610 1625 1627 1519 1518 16291631 16331635 1608 16371639 1647 1641 1521 1520 16431645 1606 1523 1522 1604 1602 1600 MARA AVE 1598 1596 1658 CRMSON CRES 1664 1662 1660 1525 15871585 1583 1581 1579 1527 1577 1575 1573 1571 1569 1567 1565 1563 1561 1559 1557 1555 1553 1551 1549 1547 15451543 CRMSON CRES 1667 1665 1663 1661 1503 1507 15941592 1534 1590 1588 1586 1584 1582 1580 1578 1576 1574 1536 1572 1570 1568 1566 1564 1562 1560 1558 1556 1554 1552 1550 1548 1538 1546 1544 15421540 1501 1500 1505 1528 1530 1532 1524 1526 1015 1013 1502 1504 1506 1021 1019 1017 1011 1025 1023 1029 1027 1047 1045 1041 1037 1035 1033 1031 1043 1039 WOODHAVEN DR 970 Planning, Building & Licensing Services a department of Community Services PREPARED BY: J. Partridge DATE: 5/1/2017 COMMTTEE OF ADJUSTMENT PUBLC NOTCE NOTFCATON MAP Applicant: Patrick & Dawn Villeneuve Owner: Patrick & Dawn Villeneuve File Number: D13-051-2015 Address: 1656 Crimson Crescent 0 10 20 30 40 Metres 1:2,000 Disclaim er: This document is subject to copyright and m ay only be used for your personal, noncom m ercial use provided you keepintact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any dam ages of any kind resulting from the use of, or reliance on, the inform ation contained in this docum ent. The City of Kingston does not make any representation or warranty, express or implied, concerning the accuracy, quality, or reliability of the use of the information contained in this document. 2015 The Corporation of the City of Kingston. LEGEND E Subject Property 60 m Public Notice Boundary Property Boundaries 49 Properties in Receipt of Notice Committee of Adjustment Meeting Number 6 May 29, 2017 11

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-------- 1\PPUCANl ~AM:: : BULDNG PERMT APPLCATON PLOT PLAN CARACO DEVELOPMENT CORPORATON PHONE~ : 613-542-8400 EGENO ----"-"-- WATER SERVCE f'nn C:E OC: 1\0 N 6 ==~~= SANTARY SERVCE 40lfJ ~ R~~~ ~S..f~ a P.:,DES STORM SERVCE 0..:1 C0'.\:-, 1UNiiY.'AtU:Q\; 0 CATCH BASN iljj >!Y:JROTRMSr ORMER.!.H 1-ANHOLE li> lll:ll. PEDESTAL ~~2~~~ SDEWALK 1.5.') LGH7 STANDARD = ~ CURB ~ HYDRANT?f ~~~~~~~L~~::;~~~N + -o- ~~~~~~~~: 1108.191 ~ROOBPEO;REOD'JE-DLEE~A-cTYO' ----!J SEME.:n NE. \..;" PROPERTY ADDRESS: 1656 CRMSON CRES. DETALS: LOT # ~PLAN/CON. ' PART# R PLAN ~ 13M-84 TOP FOUNDATON ELEV. ----"1-'14:z.,.~O :;:!M_ BOTTOM FOUNDATON ELEV. ------:-1-:-, 11i-".4;;;1v,:;\- ELEVATON /'TGRADE 113.4M FOUNDATON CUT 1.:..:.::; 9<;:;, 1 ~.:..:.~- _,...._. J'/EHHEAD HYDRO LNE APPLCANT ZONE~~---------::-::~R-:;4!.:-~ 34,_ 1- --------------------~~~~~~:::~D~R~A~N~A~G~E~D~R~EC~T-10-N-~- - DR.\NAGE SWALE LOTA~RE,' ' c. ~~~~~~---~~B~~g~f:t~.. ORVEWA\' NrOR,\.\TON. WDTH: SLO-'E M \X 10 :.! 7 % 6ELOV\' GRADE: SURfACE MATERAL: GRAV EU NEW CONSTRUCTON,..1]1 ~."J 3.77M NO BULDNG roorprnt ARE' 112 SO. M. COVEREAGE % PROPOSED -=-----~30~ ~-~ SCALE: 1 :200 PERM TTED~---!.:N:!.!/A:l...~:!!. ~ - ; L!_ \ '~ ' l' ' l.. :..t" r.; ---- _J:. ' /!, ' 1..,,, l r-;:vlpwf.!? 1\Y lloa.~..!. f:.f?.~i:! O'!.ED 1. REJECTED 'Lo r GRADNG securty DRB (REASONSASNOTED) REOU RE:YES_No~ 161 _ 03 1 x 1 AMOUNT R!:OURED Committee of Adjustment Meeting Number 6 May 29, 2017 13

LOT GRADNG CERTFCATE Owner/Builder CAtA-CO P&UeGOrfV\oU Civic Address!C5.6 C;e:u'"-'1'5or-.J Cf(_(_;_SG6r0r, Property Description Lot/Block /rz:. Plan /3M-?+ Subdivision Name Woo J)r-tA!...e-1'0 All elevations are reported to geodetic datum in ~ meters D feet State of completion of fmal grading D topsoil prior to sod ~ sod or seeding complete llustration: ndicate location of grade and swales at corresponding location as shown on Lot Grading Plan. Scale: /' Zoo liqq}qj = Proposed Elevation 100.00 =Field Survey Elevation -:) =Direction of Flow,, /1?PCAJ 0 )( A Remarks --rtle Pt?o P f:-fl'i'1 L<>r- 1-llrS t: ~Se1)> #)ee:.l!:_ 'f v/l r W [o 11i.C f<r:aa ~ /,..1Nii>"~,.3vr,A-'bt,.~uA~. b 1\--,N 1\t.;.t t; llf rh ~ A-b ::r~-d"n"' BASED ON AN ACTUAL FELD SURVEY COMPLETED ON f'1j1-t.tlf So, 2o;1,-- T S MY PROFESSONAL OPNON THAT GRADNG ON THE ABOVE PROPERTY S CONSSTENT WTH ALL GRADNG REQUREMENTS AS NDCATED ON T - \f,- - PLAN REGSTERED ON TTLE, AS AMENDED B_Y THE CTY OF KNGSTON AND DATED M it-7 6, '2 >1 O_ ~-- <?~0. ll{q( -~ DATE (tf'f-,1..- 3/ ""2o t+ SGNATURE.::.::. Q ' 1 o ADDRESS 1225 Gardiners Road #105 "*' Kingston. Ontario DEVELOPER APPROVAL ACCEPTED D REJECTED, WTH REASON rt1 :::rj SSONAL ENGNEER. DATE Jwrt- (of (to Title eloper's Engineer 1./1-/(k-f 'J"Os:.> 0.-'ltV Committee of Adjustment Meeting Number 6 May 29, 2017 14

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Notice of Decision n respect of an application by Patrick and Dawn Villeneuve, 1656 Crimson Crescent to reduce the side yard and rear yard setback for a utility shed in the rear yard and reduce the wet surface of a swimming pool to a lot line setback to recognize the location of a storage shed and in-ground swimming pool in the rear yard. Variance Number 1 By-Law Number 76-26: Requirement: Proposed: Variance Requested: Variance Number 2 By-Law Number 76-26: Requirement: Proposed: Variance Requested: Variance Number 3 By-Law Number 76-26: Requirement: Proposed: Variance Requested: Section 5(1)(e)(i), Accessory Structure, from rear lot line 1.2 metres 0 metres 1.2 metres Section 5(1)(e)(ii), Accessory Structure, from interior side lot line 1.2 metres 0 metres 1.2 metres Section 5(25)(e)i, Swimming Pool Wet Surface 1.5 metres 1.2 metres 1.5 metres After considering the above-mentioned application for minor variance, the Committee of Adjustment decided to approve the application subject to the following conditions: 1. Limitation That the approved variances apply only to the location of the utility shed and swimming pool as identified on the drawings attached to the signed notice of decision. 2. No Adverse mpacts The owner/applicant shall ensure that there are no adverse impacts on neighbouring properties as a result of the construction of the utility shed or swimming pool nor shall there be any increased runoff as a result of any excavation or downspout orientation. Committee of Adjustment Meeting Number 6 May 29, 2017 19

The decision is based on the following six reasons: 1. The Provincial Policy Statement provides policy direction on matters of provincial interest related to land use planning and development which are complemented by local policies addressing local interests. The application being considered is site specific to accommodate a specific proposal and does not involve any major policy considerations. The proposal conforms to and is consistent with the PPS. 2. Add Official Plan nformation 3. Add Zoning By-Law nformation. 4. The variances are appropriate and desirable development Click here to enter text. 5. The variances are minor in nature as Click here to enter text. Effect of Public nput on this Decision: 6. No written or oral submissions were received relating to the application. Committee of Adjustment Meeting Number 6 May 29, 2017 20

Stephen Foster, Chair Blaine Fudge, Vice-Chair Christine Cannon, Member hereby certify this to be a true copy of the decision of the Committee of Adjustment and this decision was concurred in by a majority of the members who heard the application. Kailin Che, Member Craig Leroux, Member Tim Fisher Secretary-Treasurer Julie Scanlon, Member Notice of Appeal Please note this decision, when not appealed, does not become final and binding until 20 days have elapsed from the date of the decision. Pursuant to Subsection 12 of Section 45 of the Planning Act, the applicant, the Minister or any other person or public body who has an interest in the matter, may within 20 days of the making of the decision, appeal to the Ontario Municipal Board against the decision of the Committee by filing with the Secretary-Treasurer of the Committee of Adjustment, at 1211 John Counter Boulevard, Kingston, Ontario, K7K 6C7, or the City Clerk at 216 Ontario Street, Kingston, Ontario, K7L 2Z3, during regular business hours, a notice of appeal setting out the objection to the decision and the reasons in support of the objection accompanied by payment of a fee, payable to the Minister of Finance, of $300.00 for the initial consent and/or minor variance appeal and $25.00 for each additional appeal filed by the same appellant against connected consent or variance applications. The applicant will be given written notice whether or not an appeal has been taken. Notice is hereby given that the last day an appeal against the foregoing may be made is June 19, 2017, during regular business hours. An appeal that is received after the close of business on the last day for appealing this Committee decision will be deemed to be invalid and will not be accepted. Only individuals, corporations and public bodies may appeal decisions in respect of applications for consents or variances to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or group on its behalf. Committee of Adjustment Meeting Number 6 May 29, 2017 21