HomeMy WebLinkAboutMay 05, 2011 - PlanningMUNICIPALITY OF BAYHAM
COMMITTEE OF ADJUSTMENT
AGENDA
Thursday, May 5, 2011
6:30 pm
9344 Plank Road, Straffordville
Page
1.CALL TO ORDER
2.APPOINTMENT OF CHAIRMAN AND ACTING SECRETARY-TREASURER
(a)Appointments
3.DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
4.APPLICATION(S)
(a) Minor Variance Application A-04/11 HIEMSTRA - Request for variance to grant
relief from Section 4.4 - Minimum Lot Area, Section 21.7 - Minimum Side Yard Width and
Section 21.8 - Minimum Rear Yard Depth of the Zoning By-law Z456-2003 on lands located
in the Rural Industrial (M2) Zone at 53930 Eden Line.
5.STAFF PRESENTATION
(a)Staff Report D2011-017 Minor Variance HIEMSTRA A-04/11
6.PRESENTATIONS BY APPLICANT/AGENT
7.PUBLIC SUBMISSIONS
8.COMMITTEE QUESTIONS AND DISCUSSION
3-13
Page 1 of 13
Committee of Adjustment A-04/11 Hiemstra
Page
9.DECISION OF COMMITTEE (Motions)
(a)Decision
10.ADJOURNMENT
(a)Adjournment
Page 2 of 13
CORPORATION OF THE MTTNICIPALITY OF BAYHAM
SE CRETARY.TREASURER REPORT
TO: Committee of Adjustment Members
FROM : S ecretary- Treasurer, C ommittee of Adj ustment
SUBJECT: Hiemstra Minor Variance A-04lIl
DATE: }l4ay 2,2011
FILE: Dl3.HIEM
NUMBERz D20ll-17
Purpose
To consider a Minor Variance Application for relief from Zoning By-law 2456-2003.
Background
Brian and Jeanette Hiemstra have submitted a minor variance application for their property located on
the north side of Eden Line, west of North Hall known municipally as 53930 Eden Line. The property
is designated "Agricultural" and "Industrial" in the Official Plan and zoned Agricultural (41) and Rural
Industrial (M2) inthe Bayham ZoningBy-law 2456-2003.
Purpose and Effect
The purpose of the variance is to grant relief for the Rural Industrial (M2) portion of the lands from
Section 4.4 - Minimum Lot Area, Section 21.7 - Minimum Side Yard Width and Section 2L8 -
Minimum Rear Yard Depth of the ZonngBy-law.
The effect of this variance will be to allow a residential accessory use within a new commercial
building with a lot area of 4659.49 m2 where 4950 m2 is required; a side yard setback of 6.1 metres
where 7.5 metres is required; and rear yard setback of 3.1 metres where 10 metres is required in the
Rural Industrial (M2) Zone.
Staff Comments
The Rural Industrial lands comprise of approximately 4656.6 m2 1l .15 acres) and the remaining
;ffi :illäffii?J,",'ff ;,ili1å,ï"3'l;
I Industrial (M2) lands. Prior to obtaining a
building permit, minor variances are required to address several issues.
The owners are requesting variances for side yard width, rear yard depth and variance to permit the
accessory residential unit. One application has been submitted for consideration of all three variances.
The owners also intend on submitting an application for consent to separate the Rural Industrial (M2)
portion from the Agricultural (41) portion of the subject lands. The lands are also subject to a site plan
agreement.
The planner's memorandum dated May 2,2011 suggests the owner provide a revised floor plan design
for the new building to clearly identify the floor area for the commercial use to determine compliance
with Section 4.3 of the Zontng By-law. Also, clarification regarding whether it is a commercial
building or a warehouse building is needed to determine compliance with separation distance between
the new building and the existing building.
Based on these outstanding issues at the time of writing this report, staff and the planner recommend
deferral ofthe application in order to obtain this clarification to better address these issues.
Staff Report D2011-017 Minor Variance HIEMSTRA A-04/11 Page 3 of 13
Staff Report D2011-17 Hiemstra Page2
At the time of writing this report, no written concems or objections from the public have been received.
Attachments
l. Aerial GIS Map
2. Minor Variance Application A-04lll
3. IBI Group Memorandum dated }lday 2,2011
Strategic Plan Goal(s)
Goal # 6 Provide and encourage attractive lifestyle choices.
RECOMMENDATION
"THAT Minor Variance Application A-04/11 submitted by Brian and Jeanette Hiemstra be
deferred.tt
Respectfully submitted,
Underhill, Secretary-Treasurer
Staff Report D2011-017 Minor Variance HIEMSTRA A-04/11 Page 4 of 13
t¿¡¡nio¡r n aIsvhr¡'Hiemstra - Minor Variance A-04/11
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53930 Eden Line
Concession 9 Part Lot 4
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THIS IV]AP IS NOT TO BE USED FOR NAVIGATION
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APPLIGATION FOR
MINOR VARIANGE
Planning Act, R.S.O. 1990, O.Reg 200/96 as amended
The undersigned hereby applies to the Committee of Adjustment for the
MUNICIPALIW OF BAYHAM
P.O. Box 160
STNAFFOßDVILLE, ON.
Telephone: (51 q e66-5521
Fax: (519) 866-3884
Under Section 45 of the Planning Act, R.S.O. 1990 for relief, as described in this application,
from By-law No.2456-2003 (as amended) Municipality of Bayham
1. OWNER(S)
a) Name Brian and JeanetLe Hiemstra
b) MailingAddress 10 Talbor St. lJesr
Avlmer. 0N N5II LJ7
Telephone No.
Fax No.
Home: 5lq ltÁ IOZ7 Wgrþ 76s_4386
2. SOLICITOR I AUTHORTZED AGENT
a) Name
b) Mailing Address
David Roe
599 Larch St
Del hi - 0N N4B 347
Telephone No.
Fax No.
Home:Work: 5 L9-582-LI7 4
Send correspondence to:! owne4s¡ [I soli.¡tor/Authorized Agent
c)
d)
c)
d)
51 0-765-¿60R
5'lS-582-t+6I6
FOB OFFICE USE ONLY
ApplbationNo.: fl-6{Date of Meetlrg: fnrlÊ 3/,
File No.: D t3 .l{ t e¡n
û/tezæ3 Ee Pt nur¿€ Q u erz/
5S?3O ¿Þë1\./ Ltr¿€
7Íå,L "- ,utH ^re3
28/0412006
Minor Variance 2006,doc
,l,irA ? J*n'/' ,/'"o'srtu
Staff Report D2011-017 Minor Variance HIEMSTRA A-04/11 Page 6 of 13
Munfclpallty of Bayham
Applicatíon for Minor Variance
Page2
3. Names and address of any mortgages, holders and charges or other encumbrances:
Name Address
4.
5.
Location of Land
a) Lot and Plan or Concession No.:
b) Street No. and Name:
Lot 4, Concession 9
5?q1n Eden I,i ne
Nature and extent of relief applied for:
Relief from Section 4.4 of zoning by-law lrlest Side Yard
to oermit dvrelling u4Í.t on industrial parcel . 6.1m Relief 1 .4 -,
Minimun lot area - 4950n2
relief required is 29O.5n2
üfhy ls lt not posslble to complywlth the provlslons ol the By.law?
Existing area zoned rural industrial Ylz
3.1m Relief 6.9m
6.
7. Dimensions of the land affected:
a) Frontage (m)
b) Depth (m)
c) Area (sq.m / ha)
7O - 58m ín I'12 zone
68 .73m
áÁ 5O LQm) i nlvÏ2 7.ıno
8.Partlculars of all bulldlngs and strucilures on or proposed lor the sublect land (speclfy
ground lloor area, gfoss lloot area, number of storeys, wldth, length, helght, etc.)
a) Existíng existing industrial building see plan
a mobile home vhich will be removed
b) Proposed 557.4n2 commercial building including
a residential unit (139.35m)
standard set backs will apply
2810412006
Minor Variance 2006.doc
o Date of acquisition of subject land:
Staff Report D2011-017 Minor Variance HIEMSTRA A-04/11 Page 7 of 13
Munlcfpallty of Bayham
Application for Minor Variance
Page 3
10. Date of construct¡on of all buildings and structures on suþ¡ect lands:
11. Existlng uses of the subject property:
furniture manufacturing facility
mnhi 1o home uni t-
12.
13.
Length of tlme and exlst¡ng us€s to lhe sublect property have contlnued:
Exlsting uses of abutting propert¡es:
a) Nofth
b) East
c) South
d) West
Services available (check appropriate space(s))
a) Method of Water Supply (if applicable)
Publíc Water Supply System tr Private lndividualWell
Private CommunalWell tr Other (please specify)
b) Method of Sanitary Wasta Disposal (if applicable)
A
Asricul tural
14.
Prívate Septic Tank and
Tile Field System
Private Communal System
Other (please specify)
tr
vt2
15.
16.
17.
Present Official Plan designation:
Present Zoning Bllaw classification:
Ag ricultural
Has the owner previously appl¡ed for a minor variance in respect to the subject property?
a) Yes tr No -tr
lf Yes, describe brielly:
18. ls the subiect propefi the subject of a current application of consent / severance?
No tr +t h n¿ s '*h r*' f\-< cL '
2810412006
Minor Variance 2006.doc
Aericultural
Yes {
Staff Report D2011-017 Minor Variance HIEMSTRA A-04/11 Page 8 of 13
STATUTORY DECLARATION
David Roe of the Norfolk County
(Name of Applicant)
in the
(City, Municipality, Town, Township)
(County / District / 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 200 / 96 as amended is true.
AND I make this solemn Declaration conscientiously believing it to be true, and knowing that it is of the
same force and atfect as if made under oath.
DECI-ARED before me
nis Æfua^yor Øu*l2ot/
f Brian and Jeanette
to act as our agent
* lf authorized agent, a letter of authorization from
the owner of the propefi must accompany this
application.
Hiemstra appoint David Roe
for this applicatiog.l ¡1
Jdanette Hiemstra
2810412006
Minor Variance 2006.doc
Sigñature of Applicant or
Staff Report D2011-017 Minor Variance HIEMSTRA A-04/11 Page 9 of 13
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lBl Group
203-350 Oxfod SFeet West
London ON l.l6H 1T3 Canada
tel 5194727328
fax 51947293il
Memorandum
To/Attention Municipality of Bayham Date May 2,2011
From Tamara Tannis, MCP, MCIP/RPP Project No 3404 - 503
Subject Hiemstra: Minor Variance Application
Lot 4, Concession 9 (municipal address: 53930 Eden Line)
Rural lndustrial (M2) / Agricultural (41) zones
Purpose:
Prior to submitting an application to sever Lot 4, Concession 9 for he purpose of separating the
existing industrial use from the agricultural and dwelling unit use on the subject lands, the
landowners are applying for several minor variances to Section 4.4 Residential Accessory Uses
and Sections 21.7 and 21.8, Rural lndustrial (M2)Zone, Zoning By)aw2456-2003 forthe
potential severed 'industrial' portion. The variances are to reduce: the minimum lot area to
accommodate the residential accessory use; the minímum side yard width; and, the minimum
rear yard depth.
Existing Site:
The lot area of the subject property is currenty 20 ha (50 acres). The property contains a
dwelling unit, furniture manufacturing facility, mobile home, crop fields and several sheds. Once
severed, the retained lands containing the dwelling unit, sheds, and crop fields, would be 19.75
ha (48.8 acrés) in area, while the industrial severed lands with the manufacturing facility and
mobile home would be 4,656.6 m2 in area.
ln the Municipality of Bayham Official Plan, the subject lands are designated lndustrial and
Agriculture. The lands are zoned Agricultural - Temporary Use (41-T2) and Rural lndustrial
(M2) in the Municipality of Bayham Zoning By-law 2456-2003. The A1-T2 identifies that the
expiration date for a mobile home use was October 18, 2004. Abutting properties to the subject
lands are designated Agriculture and zoned Agricultural(41).
Proposed Rural lndustrial (M2) Site:
The landowners are proposing to retain the existing, metal clad building that is 556 m" (6987 sq.
ft.) in floor area, and to construct a new facility that would be 557.4 m2 (6,000 sq.ft.) in floor area.
This new structure would contain both a 418 m2 (4500 sq.ft.) commercial use and a 139.3 m2
(1500 sq ft) residential / garage use. The combined total floor area of both buildings would be
1,1 13 m2, or 24o/o lot coverage.
A commercial use and one dwelling unit use are accessory uses in the M2 zone. One parking
space per 50 m2 of gross floor area is required. The proposed 22 parking spaces meet the
industrial/manufacturing use parking requirements of Section 4.32 of Zoning By-law 245ù2003.
Minor Variance Application
The agent for the landowner has applied for 3 minor variances to: the lot area, the side yard
width;ãnd the rear yard depth- There may be a 4th and 5th minor variance required. The
application identifies the use of the proposed new structure to be a commercial building rather
than an industrial building. lf the purpose is solely commercial with an accessory residential use,
then the current application should be refused as both proposed uses are accessory to industrial
lBl Group is a group of firms providing professional servÍces and is affiliated with lBl Group Architects
Staff Report D2011-017 Minor Variance HIEMSTRA A-04/11 Page 11 of 13
lBl Group Memorandum
Municipality of Bayham - May 2,201'l
uses. lf the new building is a manufacturing facility with an accessory commercial use and an
accessory residential use, then the commercial use may be permitted and may require variances
to the floor area requirements and the separation distance identified in Section 4.3 'commercial
accessory use'.
Section 4.3 Commercial Accessory Uses, Zoning By-law 2456-2003, states the following in
regards to floor areas for commercial uses in industrial buildings:
" Where no building exisfs, such commercial accessory use shall not exceed one hundred
(100.0) square metres of floor area." And, "where a commercial use is permitted as an
accessory use in an industrial zone, it shall be erected within two (2.0) metres of the main
building, shall not exceed ten (10) percent of the total floor area [i.e. 55.6 mzl of the main
building, or shall not exceed a maximum floor area of two hundred and eighty (280.0) square
metres, whichever is less."
The following table identifles the requirements of the M2 zone and the current variances
requested:
Regulation Proposed Variance
Minimum Lot Area (residential
use)
4950 m2 4659-5 m2 290.5 m2
Minimum Side Yard Width 7.5 m 6.1 m 1.4m
Minimum Rear Yard Depth 10m 3.1 m 6.9 m
The following table identifes the 'as submitted' commercial accessory use floor area for the new
structure, as well as the separation distance between the existing building and the proposed
building.
Regulation Variance
Max.Commercial Area in New
Building
100 m'z
(l,076 sq.ft.)
416 m2 316 m2
Commercial Accessory Use:
separation distance (Section 4.3)2.0 metres 19.8 m 17.8 m
The agent for the landowner stated the following in correspondence to the Municipality: "The
existing show room in the old building will be used for industrial purposes, the new showroom
will be used for sales purposes but also as a warehouse for storage of manufactured furniture. A
minor variance can be given to recognizing this use."
Minor Variance Analysis
Section 45.(1) of the Planning Act outlines the four "tests" with which the Committee of
Adjustment must be satisfled with when considering an application for a minor variance to the
Zoning By-law. The following outlines our analysis of these tests:
¡ Is the variance minor in nature? The variance to the lot area to accommodate the
residential use in the new building is minor in nature given that the two buildings will
Staff Report D2011-017 Minor Variance HIEMSTRA A-04/11 Page 12 of 13
lBl G¡oup Memorandum
Municipality of Bayham - May 2,2011
account for a lot coverage o'f 24o/o (where a maximum of 35% is permissible). The
intent of an amenity space is to ensure a good quality of life for any resident(s) residing
on site. The proposed amenity space will be the septic field to the rear of the new
building and may provide sufficient amenity space.
Along the rear lot line, the actual rear yard depth is, overall, much greater than the 3.1
m depth variance requested and generally exceeds the required depth of the M2 zone.
ln context of the overall building setbacks on the site plan, the variance is minor.
What is 'nof minor in nature is two-fold: 1) the separation distance between tre new
building and the existing building; and 2) the proposed floor area for the commercial
portion of the new building whích is currenty triple that permitted by Section 4.3
Commercial Accessory Uses in Zoning ByJaw Z456-2003. Accessory commercial
uses are intended to support the predominant, permitted industrial uses.
o ls úåe variance desirable lor the use oÍ the lands? The three submitted variance
requests are desirable for the use of lands as the property has been used as an
industrial site for several years and is currently zoned Rural lndustrial (M2). The
variances support the future applicatíon for a severance of the industrial lands from the
agricultural lands.
o fþes the variance maintain the general intent and purpose of the Zoning By-
law? The three minor variances (the lot atea, rear yard depth and side yard width)
maintain the general intent and purpose of the Rural lndustrial (M2)Zone.
¡ Does the variance maintain the genenl intent and purpose of the Offtcial PIan?
The three variances maintain the intent and purpose of the Official Plan. What does
not maintain the intent of the lndustrial designation is the proposed commercial use
and the floor area currently proposed for thrs accessory use.
Gonclusion
It is advised that the Committee of Adjustment refrain from approving the three minor
variances until such time as the applicant provides a revised floor plan design for the new
building that clearly identifies the floor area lor the commercial accessory use. Any
proposed design for the commercial accessory use, should be based on the regulation of
Section 4.3 of the Zoning By-law 456-2003. As cunently proposed, the 416 m2 commercial
floor area does not meet the requirements of Section 4.3 Commercial Accessory Uses.
Further, only one dwelling unit is permitted in the M2zone as an accessory use. The mobile
home must be removed prior to issuance of any building permit.
The Official Plan states that an 'industrial' designation is a site plan control area and the
Municipality will require a development agreement as per Section 4.5 of the Plan.
IBIGROUP
Tamara Tannis, MCP, Mc¡P/RPP
Consulting Planner to Municipality of Bayham
Staff Report D2011-017 Minor Variance HIEMSTRA A-04/11 Page 13 of 13