Eric Rody & Adam Bachynski - Draft approval of a plan of subdivision in an area where there is no official plan in place

Site location details

The lands are described as PIN 42150-0328 (LT), Location EB-91, on Big Narrows Island, on Lake of the Woods, in Unsurveyed territory, in the District of Kenora. The property is over 30 kilometres from the City of Kenora by water.

Proponent(s)

Eric Rody & Adam Bachynski
590 Norman Drive
PO Box 818
Keewatin, ON
P0X 1C0
Canada

Decision details

The application for subdivision, 60-T-199996 is draft approved subject to conditions. The applicant has three (3) years to satisfy the conditions of draft approval, otherwise approval will lapse. It is the responsibility of the applicant to request an extension of the draft approval if one is needed.

Conditions include:

That prior to final approval, an agreement providing restrictions will be registered against the title to all lots, or the site-specific lots noted:

1. To protect fish habitat, no development activities, shoreline development such as docks, or removal of shoreline vegetation in the riparian area 30 metres back from the high-water mark along identified areas of Lots 1, 2, 3, 7, 8, 10, 14 and 16 as shown on Appendix A is permitted;
2. Deeper test pitting shall be completed during septic installation to ensure a minimum 1.5 metre vertical separation exists above the water table for each septic system (ref. Section 5.0, pg. 3 of Soil Investigation Memo – Dec 8/20).
3. All septic systems shall be constructed to Ontario Building Code specification and will require a Certificate of Approval from the Northwestern Health Unit.
4. Septic systems shall be installed a minimum of 30 m from the high-water mark to allow for reasonable natural attenuation capacity.
5. A restriction that in-ground wells shall not be installed on any lot unless a hydrogeological study undertaken by a qualified professional has confirmed that there is a sufficient quality and quantity of water to support the well with no interference with the water supply of another property.

The applicant or its solicitor shall give an undertaking that, upon any subsequent sale or transfer of all lots, each successor in title shall acknowledge and agree to be bound by the restrictions registered for themselves and any future successor in title.

The LWCB requests that flowage easements to elevation 324.6 m (Canadian Vertical Datum of 1928) be registered on all lots and frontages of the plan.

Confirmation from MECP baseline water sampling has been collected and provided to MECP.

The applicant will:

1. Provide to the purchasers of all lots, copies of Attachment A which contains information regarding best management practices that can help maintain good lake water quality and reduce the adverse effects of shoreline development on inland lakes.
2. Provide to the purchasers of all lots, the Storm Water Management mitigation measures identified on page 9 of the May 8, 2020 report titled: Big Narrows Island Lot Development, Servicing Options Statement & Procedure D-5-4 Hydrogeological Study, Kenora, Ontario”, prepared by North Rock Environmental; but including an amendment to the lakeshore setback of buildings at 30 metres (instead of 20m).
3. In efforts to avoid future potential disputes, include to the purchasers of all lots, the plan identified as Appendix B, which includes where lot lines on the shoreline road allowance would be located should owners decide to purchase them.
4. Provide to the owners of all lots, the following documents for information purposes:
   • Page 3 of Soil Investigation Memo (December 8, 2020)
   • The MECP document entitled “Stormwater Best Management Practices for Camp Owners in Northwestern Ontario”;
   • The MECP document entitled “Blue-green algae: Information for cottagers and homeowners”;
   • The Ministry of Natural Resources and Forestry (MNRF) document entitled “FireSmart Landscaping: A Guide to Protecting Your Home from Wildfire”; and
   • The MNRF document entitled “The Homeowners FireSmart Manual: Protect your home from wildfire”.
5. Include notifications in all Agreements of Purchase and Sale to ensure that owners or prospective owners of land are given notice of development parameters.

Comments received

There were:

• 0 comments received through the registry (refer to your workbench for this number)
• 0 comments received by mail
• 0 comments received by email

Effects of consultation

No comments were received resulting in no impact on the decision on whether or not to proceed with this proposal.

Other information

The approval can be appealed under the Planning Act. Notice to appeal the decision to the Local Planning Appeal Tribunal must be filed with the Minister of Municipal Affairs and Housing on or before May 31, 2020.

This instrument decision can be appealed. You have 20 days from May 11, 2021 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

You can appeal all or part of this this instrument to the appeal to the Local Planning Appeal Tribunal (LPAT) by submitting a notice of appeal to the Minister of Municipal Affairs and Housing.

Who can appeal

A notice of appeal can be submitted by:

• individuals
• corporations
• public bodies

A notice of appeal can’t be submitted by:

• an unincorporated association
• an unincorporated group

You can, however, submit a notice of appeal as a member of the unincorporated association or group.

You have to have made an oral submission at a public meeting or a written submission to the council before the official plan amendment was adopted. Note: this is not required if you are appealing a proposal for provisional consent (no official plan in place).

Notice of appeal

Your notice of appeal must include:

• the specific part, or parts of the official plan amendment that you wish to appeal
• the reasons for your appeal
• the $300.00 appeal fee, payable by certified cheque or money order to the Minister of Finance, Province of Ontario

Mail your notice of appeal

Send your notice of appeal to the Minister of Municipal Affairs and Housing via the ‘issuing authority’ contact listed below.

Send a copy of your notice of appeal to the Minister of Environment, Conservation and Parks. You can provide notice by email at minister.mecp@ontario.ca or by mail at:

College Park
5th Floor, 777 Bay Street
Toronto, ON
M7A 2J3

Issuing authority

Victoria Kosny
Manager
Municipal Services Office North (Thunder Bay)
435 James Street South
Suite 223
Thunder Bay,ON
P7E 6S7, Canada
807-473-3025

Proponent(s)

Eric Rody & Adam Bachynski
590 Norman Drive
PO Box 818
Keewatin, ON
P0X 1C0
Canada

Appellate body

Local Planning Appeal Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5

Include the following:

• ERO number: 019-1915
• Ministry reference number: 60-T-199996