HomeMy WebLinkAboutMarch 04, 2010 - Planning - FroeseMUNICIPALITY OF BAYHAM
COMMITTEE OF ADJUSTMENT
AGENDA
Thursday, March 4, 2010
6:30 pm
9344 Plank Road, Straffordville
Page
1.CALL TO ORDER
2.APPOINTMENT OF CHAIRMAN
(a)Appointment
3.DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
4.APPLICATION(S)
Minor Variance Application A-01/10 Froese - Request for variance to grant relief from
Section 4.14 - Municipal Drains and Natural Watercourses of the Zoning By-law Z456-
2003, as amended, on lands located at 55836 Fifth Street, Village of Straffordville to permit
the construction of a new residence.
File D13.FROE
5.STAFF PRESENTATION
(a)Staff Report D2010-06 regarding Minor Variance Application A-01/10 FROESE
6.PRESENTATIONS BY APPLICANT/AGENT
7.PUBLIC SUBMISSIONS
8.COMMITTEE QUESTIONS AND DISCUSSION
3-11
Page 1 of 11
Committee of Adjustment A-01/10 Froese
Page
9.DECISION OF COMMITTEE (Motions)
(a)Decision
10.ADJOURNMENT
(a)Adjournment
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CORPORATION OF THE MUNICIPALITY OF BAYHAM
SECRETARY-TREAST]RER REPORT
TO: Committee of Adjustment Members
FROM : S ecretary-Treasurer, Committee of Adjustment
SUBJECT: Froese A-01/10
DATE: February 26,2010
FILE: DI3.FROE
NUMBER: D2010-06
Purpose
To consider a Minor Variance Application for relief from the municipal drain setbacks.
Background
A Minor Variance application has been submitted by John Froese for property located at 55836 Fifth
Street, Village of Straffordville, east of Plank Road. The property is designated "Residential" in the
OfÏicial Plan and zoned site-specific Village Residential (Rl-5) in the Bayham ZorungBy-law 2456-
2003. The site-specific regulation permits a private truck training school and related outdoor tuck
trailer storage as additional permitted uses.
Purpose and Effect
The purpose of the variance is to grant relief from Section 4.14 - Municipal Drains and Natural
Watercourses of the ZoningByJaw. The effect of the variance will be to allow the construction of a
new dwelling with a setback of 1.52 metres (5 feeQ from the centerline of a closed municipal storm
drain, where 4.5 meters (15 feet) is the required minimum setback of any municipal tile drain.
Application Details
The owner is requesting that a minor variance be granted to permit the construction of a residence
closer to the municipal drain than the setbacks require. The owner wishes to keep the house located in
the southwesterly area of the lot, as indicated on the application sketch, so that he can have fulluse of
the existing steel barn for storage of his equipment. If the owner were to place the residence the
required 4.5 metres (15 feet) from the drain, the use of the existing barn would be inhibited.
Staff Comments
The application satisfies the four "tests" of Section 45. (1) of the Planning Act for consideration of a
minor variance application as per IBI Group's memo dated February 22,2070.
Staff and the planner do not have objections to the application. Staff would recommend including a
condition that the existing 18' x 10' shed be removed entirely or relocated from on top of the municipal
drain to a suitable location as per setback requirements.
At the time of writing this report, no written concerns or objections from the public have been received.
Attachments
1. Notice of Public Meeting
2. Minor Variance Application A-01/10
3. IBI Memo dated February 22,2070
Staff Report D2010-06 regarding Minor Variance Application A-
01/10 FROESE
Page 3 of 11
Staff Report D2010-06 Froese
RBCOMMENDATION
Page2
*THAT Committee of Adjustment Secretary-Treasurer's report D2010-06 be received;
AND \üHEREAS the Committee agrees with the IBI Group Memorandum dated February 22'
2ùlD,which states that the proposed variance meets Section 45.(1) of the Plønníne Act to qualify
as a minor variance to the regulations of the minimum setbacks from municipal drains and
watercourses and that this variance is considered minor;
THEREFORE the application (A-01/10) submitted by John Froese, pursuant to Section 45 of the
Planning Act for a min6¡ variance, is granted to allow:
o Relief from Section 4.14 - Municipal Drains and Natural Watercourses, to permit a
setback of L52 metres from the centerline of a closed municipal storm drain; where a 4.5
metre setback is required, for the constructÍon of a new residence;
Subject to condition(s):
o the existing 18' x L0' shed be removed entirely or relocated to a suitable location as
per setback requirements
Respectfully submitted,
Staff Report D2010-06 regarding Minor Variance Application A-
01/10 FROESE
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FireNo. Aol - /o
APPLIGATION FOR
MINOR VARIANGE
Planning Act, R.S.O. 1990, O.Reg 200/96 as amended
The undersigned hereby applies to the Gommittee of Adjustment for the
MUNICIPALITYOF BAYHAM
P.O. Box 160
STRAFFORDWLLE ON.
Telephone: (51 9) 866-5521
Fax: (519) 866-3884
Under Section 45 of the Planning Act, R.S.O. 1990 for relief, as described in this application,
from ByJaw No. 2456-2003 (as amended) Municipality of Bayham
1. OWNER(S)
a) Name
b) Mailing Address
c) Telephone No.
d) Fax No.
a) Name
b) Mailing Address
c) Telephone No.
d) Fax No.
Send correspondence to:ffowner{s) l-l soli"itor/AuthorizedAgent
2. SOLIGITOR / AUTHORIZED AGENT
Work:
FOR OFFICE USE ONLY
ApplicationNo.: 4 Ot - lO Date Recer'ved: Fr"b rt- /.o Date of Meetíng:
File No.: Þi 3. fr.e Fee Receive¿: áÐOOO Committee Decision:
2810412006
Minor Variance 2006
R*+ oq4 7 tq
Staff Report D2010-06 regarding Minor Variance Application A-
01/10 FROESE
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Municipality of Bayham
Application for Minor Variance
Page2
Names and address of any mortgages, holders and charges or other encumbrances:
Name Address
4. Location of Land
a) Lot and Plan or Concession No.:
b) Street No. and Name:
5. Nature and extent of relief applied for:
Address
6. Why is it not possible to comply with the provisions of the By-law?
7. Dimensions of the land affected:
a) Frontage (m)
b) Depth (m)
c) Area (sq.m / ha)
/¿ -5 1.5 /y1
8. Particulars of all buildings and structures on or proposed for the subject land (specify
ground floor area, gross floor area, number of storeys, width, length, height, etc.)
a) Existing
b) Proposed
2810412006
Minor Variance 2006
L Date of acquisition of subject land:
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01/10 FROESE
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Municipality of Bayftam
Application for Minor Variance
Page 3
10. Date of construct¡on of all buildings and structures on subject øna", 4 S . A .?
11.
14.
12. Lengthof timeandexisting usestothesubjectpropertyhavecontinued: (trtLnaUrl .
13. Existing uses of abutting properties:
a) North
b) East
c) South
d) West
Services available (check appropriate space(s))
a) Method of Water Supply (if applicable)
Public Water Supply System tr Private lndividual Well
Private CommunalWell tr
Other (p/ease specify)
b) Method of Sanitary Waste Disposal (if applicable)
tr/'
E/
I
:tor'*,rqi ^
17. Has the owner previously applied for a minor variance in respect to the subject property?
a) Yes tr
lf Yes, describe briefly:
No
18. ls the subject property the subject of a current application of consent / severance?
0310712007
Minor Variance 2006
Private Septic Tank and
Tile Field System
Other (pfease specify)
15. Present Official Plan designation:
Private Communal System
tr Public Sanitary Sewer System
l/ t +-A Ge (<, ù en¡fi Y"'tu tu-s)
Q.-* i)e-r+i *-f
I,l
16.Present Zoning Bylaw classification:,(ryn l+/
Existing uses of the subject property:
Yes El No ú
Staff Report D2010-06 regarding Minor Variance Application A-
01/10 FROESE
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STATUTORY DECLARATION
¡, John Frot:¡ ortre
(Name of Applicant)oI élin the
(County // Region
SOLEMNLY DECLARE THAT the information provided in this application as required under Section 45 of
the Planning Act R.S.O. 1990 and Ontario Regulation 200196 as amended is true.
AND I make this solemn Declaration conscientiously believing it to be true, and knowing that it is óf the
same force and affect as if made under oath.
DECLARED before me
ni" /2*a^vt f& -r, 20./o
)
)
)
)
I{ARGÀRET UNDERHTIJ4 ¡ Commlssio¡err cúg
Depury Clerk of the Corporatio¡ of üo * lf authorized agent, a letter of authorization from
the owner of the property must accompany this
application.
Municipality of Beybrut _)
2810412006
Minor Variance 2006
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APPLICANT NAME
ADDRESS
REQUIRED SKETCH FOR MINOR VARIANCE APPLICATIONS
,E.\0V¡n 7þa-s9
1 ^ 11 t")¿çl 9l '
3{r.. çCu .J ,,, i l\ ¿ .
P-¡ ,o, ?o ceneessir¡n ?ro, ?ot Municipalit, Aoy W
Registration Plan No.:9ll Address:
Quarter of Municipality Lot N.E. tr N.W. tr
See Sketch lnstructions on the following page.
s.w. tr s.E. {
RETURN THIS SKETCH WITH APPLICATION FORM -
NOTE: WITHOUTA SKETCH AN APPLICATION CANNOT BE PROCESSED
æl-
;t
ALL DIMENSIONS MUST BE IN METRIG
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lBl Group
203-350 Oxford Street West
London ON N6H 1T3 Canada
tel 5'19 4727328
fax 519 4729331
To/Attention
From
cc
Subject
Municipality of Bayham
Derek Dudek, MCIP, RPP
Date February 22,2010
Project No 3/,04 - 472
Steno dd
1
Memorandum
Froese Minor Variance - 55836 Fifth Street, Village of Straffordville
We have completed our review of the application for minor variance (File A-01/10) to
Zoning By-law No. 2456-2003 submitted by John Froese, to request an exemption from
Section 4.14 - Municipal Drains and Natural Watercourses. The subject lands are located
at 55836 Fifth Street on the north side, and east of Plank Road. The subject lands are an
irregularly shaped parcel that is designated "Residential" in the Official Plan and zoned
site-specific Village Residential (R1-5) in Zoning By-law No. 2456-2003. The site-specific
regulations permit a private truck training school and outdoor truck trailer storage as
additional permitted uses.
The purpose of the minor variance application is to allow the owner to construct a new
dwelling on the property that is within the required setback from 'municipal tile drain',
which is located on-site. The required setback is 4.5 metres (15') from the centreline of
the drain, where 1.57 metres (5') is proposed. The applicants have indicated that they do
not have room to comply wlth the required setback, despite the large easterly side yard. lt
is our understanding that the easterly yard was used for permitted outdoor storage for the
truck trailer school which is no longer in operation. The applicants could relocate the
proposed dwelling into this area, but may wish to maintain this area for a similar use
subject to appropriate zoning. lt should be noted that outdoor storage in this area is only
permitted in conjunction with a truck trailer school operation.
The subject lands include a large steel-sided building to the rear north-easterly corner of
the property, as well as a smaller shed located in the north-westerly corner. The
proposed dwelling would be located towards the south-westerly corner of the property.
Surrounding lands include residential uses to the south, west and north, as well as
remnant agricultural lands to the east.
3.
lBl Group ¡s a group of fims providing professional serv¡ces and is affiliated with lBl Group Architects
Staff Report D2010-06 regarding Minor Variance Application A-
01/10 FROESE
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4.
lBl Group Memorandum
Municipality of Bayham - June 16, 2009
Yours truly
IBIGROUP
Section 45.(1) of the Planning Act outlines the four 'tests" with which the Committee of
Adjustment must be satisfied with when considering an application for a minor variance to
the Zoning By-law. The following outlines our analysis of these tests:
. ls the varíance mínor in nature? The requested variance does not locate
the building in a position that is non-compliant with side or front yard setback
requirements, and could therefore be considered minor in nature, as there is
no visual non-compliance issues created.
. ls the variance desírable for the use of the lands? The requested
variance is desirable insomuch as it allows room on the easterly side of the
property to continue to be used for the aforementioned additional permitted
uses on the property.
o Does the variance maintain the general íntent and purpose of the
Zoning ByJaw? The intent of Section 4.14 d) is to reduce the impact of
development on municipal works which may need to be accessed and
maintained on a regular basis. Provided the Municipality's public works
superintendant is satisfied that the proposed distance allows the adequate
room to maintain and service the stormwater drain on the subject lands, this
criterion would be satisfied.
o Does the variance maintain the general intent and purpose of the
Official Plan? Provided the public works department is satisfìed as per the
above comments, it is our opinion that the proposed variance supports the
intent and purpose of the Official Plan to locate residential uses within
designated areas that does not affect the overall provision of stormwater
management for the general area.
Based on our review, we can support the requested variance for a reduced setback of
1.52 metres from a municipal tile drain in accordance with the requirements of the
Planning Act.
5
7¿r'1
Derek Dudek, MCIP, RPP
Consulting Planner to the
Municipality of Bayham
J:\3404\472 Froese lvMPTlvlfroese2ol 042-2,. doc!¿0l O42-25\DD
Staff Report D2010-06 regarding Minor Variance Application A-
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