Loading...
HomeMy WebLinkAboutMay 06, 2010 - Planning - GiesbrechtMUNICIPALITY OF BAYHAM COMMITTEE OF ADJUSTMENT AGENDA Thursday, May 6, 2010 6:30 pm 9344 Plank Road, Straffordville Page 1.CALL TO ORDER 2.APPOINTMENT OF SECRETARY-TREASURER AND CHAIRMAN (a)Appointment 3.DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 4.APPLICATION(S) Minor Variance Application A-02/10 Giesbrecht - Request for variance to grant relief from Section 5.7 - Minimum Front Yard Depth of the Zoning By-law Z456-2003, as amended, on lands located at 53827 Vienna Line, to permit the construction of an addition to the residence. File: D13.GIES 5.STAFF PRESENTATION (a)Staff Report D2010-12 regarding Minor Variance Application A-02/10 GIESBRECHT 6.PRESENTATIONS BY APPLICANT/AGENT 7.PUBLIC SUBMISSIONS 8.COMMITTEE QUESTIONS AND DISCUSSION 3-12 Page 1 of 12 Committee of Adjustment A-02/10 Giesbrecht Page 9.DECISION OF COMMITTEE (Motions) (a)Decision 10.ADJOURNMENT (a)Adjournment Page 2 of 12 CORPORATION OF THE MTJNICIPALITY OF BAYHAM SECRETARY.TREASURER REPORT TO: Committee of Adjustment Members DATE: May 3,2010 FROM: Secretary-Treasurer, Committee of Adjustment FILE: D13.GIES SUBJECT: Giesbrecht A-02l10 NUMBERzD20I0-12 Purpose To consider a Minor Variance Application for relief from the front yard setback. Background A Minor Variance application has been submitted by Diedrich and Emma Giesbrecht for property located at 53821 Vienna Line, south side Vienna Line, east of Richmond Road. The property is designated "Agriculture" in the Offrcial Plan and zoned Agricultural (Al) in the Bayham ZoningBy- Law 2456-2003. Purpose and Effect The purpose of the variance is to grant relief from Section 5.7 - Minimum Front Yard Depth of the Zoning By-law. The effect of this variance will be to allow an addition to a single detached residential dwelling with a setback of I 1.6 metres (38') from the front lot line, where 15.0 metre (49') is the required minimum setback for buildings from front lot lines in the Agricultural (41) Zone. Application Details The owners are requesting that a minor variance be granted to permit the construction of an 24'X16' addition to their residence closer to the front lot line than the setbacks require. The owner wishes to keep the addition to the front of the house so that the grassed west side yard will not be disturbed but more importantly to accommodate the existing floor plan. 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 April 19, 2010. Staff and the planner do not have objections to the reduced setback of 3.4 metres (l 1.15 feet) from a front lot line in accordance with the requirements of the Planning Act. 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-02110 3. IBI Memo dated April 19,2010 RECOMMENDATION "THAT Committee of Adjustment Secretary-Treasurer's reportD20l0-12 be received; Staff Report D2010-12 regarding Minor Variance Application A- 02/10 GIESBRECHT Page 3 of 12 Staff Report D2010-12 Giesbrecht Page2 AI\[D WHEREAS the Committee agrees with the IBI Group Memorandum dated April 19,20L0, which states that the proposed variance meets Section 45.(1) of the Plannìns Act to qualiff as a minor variance to the regulations of the minimum front lot line setbacks and that this variance is considered minor; THEREFORE the application (A-02lf0) submitted by Diedrich and Emma Giesbrecht, pursuant to Section 45 of the Planning Act for a minor variance, is granted to allow: o Relief from Section 5.7 - Minimum Front Yard Depth, to permit a setback of 11.58 metres from the front lot line, where a 15.0 metre setback is required, for the construction of an addition to a residence; Respectfully submitted, Secretary-Treasurer Reviewed by, Staff Report D2010-12 regarding Minor Variance Application A- 02/10 GIESBRECHT Page 4 of 12 ceisbruht File D13 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINORVARIANCE IN THE MT'NICIPALITY OF BAYHAM TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, May 6ü, 2010 at 6:30 p.m. in the Municipal Council Chambers in Straffordville to consider a proposed minor variance to Zoning ByJaw No. ZA56-2003 under Section 45 ofthe PLA¡{NING ACT. THE PURPOSE of the variance is to grant relief from Section 5.7 - Minimum Front Yard Depth of the Zoning Bylaw, on lands located on the south side of Vienna Line, east of Richmond Road, known municipally as 53827 Vienna Line, as shown on the key map below. THE EFFECT of this variance will be to allow an addition to a single detached residential dwelling with a setback of 11.6 metres (38') from the front lot line, where 15.0 metres (49') is the required minimum setback for buildings from front lot lines in the Agricultural (Al) Zone. A¡IY PERSON may attend the public meeting and/or make a written or verbal representation in support ofor in opposition to the proposed minor variance. IF A PERSON OR PUBLIC BODY that files an appeal of a decision of the Committee of Adjustment of the Corporation of the Municipalify of Bayham in respect of the proposed minor variance does not make oral submissions at a public meeting, or make w¡itten submissions to the Committee of Adjustment of the Corporation of the Municipality of Bayham before a decision is rendered, the Ontario Municipal Board may dismiss all or part of the appeal. IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained at the Municipal Offrce. DATED at the Municipality of Bayham this 22"d day of April 2010. OF BAYHAM Margaret Underhill Planning Co-ordinator / Deputy Clerk Municipality of Bayham P.O. Box 160 Straffordville, ON, NOJ 1Y0 Telephone: (519) 86C5521 Fax: (519) 866-3884 Staff Report D2010-12 regarding Minor Variance Application A- 02/10 GIESBRECHT Page 5 of 12 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 MUNICIPALITYOF BAYHAM P.O. Box 160 STRAFFORDVILLE, 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 By-law No. 2456-2003 (as amended) Municipality of Bayham FireNo. A OA - /O D;"J, ,h È, '. ^ ,t P'r*À.'oú[ 53921 I/:r-*o L,*, Porl ß-,,r.-ll /1/0,' ITO Home:$/1 c61l fon Work: S/ ? ?og 6o [ ) 1. OWNER(S) a) Name b) Mailing Address c) Telephone No. d) Fax No. 2. SOLICITOR / AUTHORIZED AGENT a) Name b) Mailing Address c) Telephone No. d) Fax No. Send correspondence to:lXl owne4s¡ l-l soli.¡tor/Authorized Asent FOR OFFICE USE ONLY ßo//# ooî - o35 o I Application No.: A O> /lO Date Receive¿: Apf 8 I lo Dateof Meetins: ï/É/ b//n Fite No.: b\3 - GtÉS ' f ree Received$2ç O Oæ I Committee Decision: W#"qïso3 2810412006 Minor Variance 2006 Staff Report D2010-12 regarding Minor Variance Application A- 02/10 GIESBRECHT Page 6 of 12 Municipality of Bayham Application for Minor Variance Page2 3. Names and address of any mortgages, holders and charges or other encumbrances: Name Address 4. Location of Land a) Lot and ptan or concession No.: Cànc.ssà. 2 Ê r l Lo* 3 . b) Street No. and Name:53 t)? Vt èn, o /t'n<. Nature and extent of relief applied for: 'e/i fua/ .(/ o,ê /l-o qTCL a) Frontage (m) b) Depth (m) c) Area (sq.m / ha) 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 þuS€/é F,Fo, y 7. 3 t,-^ 8,-fuZ/1/6o?nt I G/m b) Proposed Ò/\) 7o r%lt¡€¿/.8î,n X 7 32,..- 2810412006 Minor Variance 2006 / '/G ', a r// vL be o^-S<d aS /ì,nÀyroorr Why is it not possible to comply with the provisions of the By-law? ¿r7 4. >4."1 tP r ai¿bnce /a yau-+ * /t^s< . Dimensions of the land affected: Date of acquisition of subject land:2oo? Staff Report D2010-12 regarding Minor Variance Application A- 02/10 GIESBRECHT Page 7 of 12 Municipality of Bayñam Application for Minor Variance Page 3 10.Date of construct¡on of all buildings and structures on subject lands: P#r/"/ &,"1o 11. Existing uses of the subject property: -7nro"nnn- a) North b) East c) South d) West 14. Private lndividual Well Private Septic Tank and Tile Field System Other (p/ease specify) 15. Present Official Plan designation: 16. Present Zoning Bylaw classification: Private Communal System Public Sanitary Sewer System{ E] n ,/ uurur¿€ 17. Has the owner previously applied for a minor variance in respect to the subject property? a) Yes tr No lf Yes, describe briefly: E/ 18. ls the subject property the subject of a current application of consent / severance? 0310712007 Minor Variance 2006 lîto 12. Length of time and existing uses to the subject property have contin ue¿: S¡rtC CnSzy'tf:1à 13. Existing uses of abutting properties: Forrn L u.d ;,n ResrJ.nl¡o I l'l o*ee Ho rs e Foto*, e Ílr i c¡* /L¡< 4orse t,Lr.tt ;--ar,'a^/rLf<. Services available (check appropriate space(s)) a) Method of Water Supply (if applicable) Public Water Supply System tr Private CommunalWell tr Other (p/ease specify) b) Method of Sanítary Waste Disposal (if applicable) ReEïJ".1;ol Ho,.s" Yes tr No ñ/ Staff Report D2010-12 regarding Minor Variance Application A- 02/10 GIESBRECHT Page 8 of 12 +Ët*uroRY DE.LARAT'N ,,A cd r,ì1, u ùn^o GohJß, rn" (Name of Applicant) in 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 tiue. AND I make this solemn Declaration conscientiously believing it to be true, and knowing that it is of the same force and affect as if made under oath. DEGLARED before me ) ) tni, 8L a^v or ,4 '/ ,2oJ P Depufy Clerk ofthe Corporrtio¡ oftlc Muoicipallty of Beyùaø p Signature of Applicant or Authorized Agent * V*,r",a .Ü;r4/"*"/,f )* lf authorized agent, a letter of authorization from the owner of the property must accompany this application. 2810412006 Minor Variance 2006 IT4ARGARET UNDERHILI4 a Connlsløer" ctg Staff Report D2010-12 regarding Minor Variance Application A- 02/10 GIESBRECHT Page 9 of 12 tt^" *oS/OlV corV.-. ^_., ¡S/o.rVS aM) ,.,roà ßto t ,atd ßto'k'*.. 3t t.oo,2 r- r,Oro çD 1 Lt-tÍ--j-- N ì-- Cí Cì- ú ct)t) @ F')rl Fz UJ )Ét-- U)z 3 bi :/ ?^Fl-l iNSTRUMENf ]I8]96 PL-lrN ilFì-358 Staff Report D2010-12 regarding Minor Variance Application A- 02/10 GIESBRECHT Page 10 of 12 lBl Group 203-350 Oxford Sheet West London ON N6H 1T3 Canada tel 519 4727328 fax 519 4729354 To/Attention From cc Subject Municipality of Bayham Derek Dudek, MCIP, RPP Date April 19,2010 Project No 3404 -473 Steno dd 1. Memorandum Giesbrecht Minor Variance - 53827 Vienna Line, Part Lot 3, Concession 2 We have completed our review of the application for minor variance (File A-02/10) to Zoning ByJaw No. Z456-2003 submitted by Diedrich Emma Giesbrecht, to request an exemption from Section 5.7 - Minimum Front Yard Depth. The subject lands are located at 53827 Vienna Line on the south side, and east of Richmond Road, in Part Lot 3, Concession 2, geographic Township of Bayham. The subject lands are designated "Agriculture" in the Official Plan and zoned site-specific Agricultural (41) in Zoning ByJaw No.2456-2003. The purpose of the minor variance application is to allow the owner to construct an addition to an existing single detached dwelling on the property that is within the required setback from the front property line (street line). The required setback is 15.0 metres (49') from the front lot line, whereas 11.58 metres (38') is proposed. The applicants have indicated that they are requesting the variance so as to not disturb their existing amenity area on the west side of the dwelling, and to accommodate the existing floor plan of the dwelling. The subject lands include the existing dwelling in north centre portion of the site, and a small barn located at the rear of the property. Surrounding lands in all directions include a number of parcels which are characterized as large estate residential / hobby farm type properties, with larger agricultural parcels located beyond the immediate vicinity of the subject lands. Lands to the rear include two fenced paddocks. Vegetation consists of various communities of mature trees, landscaped property, and hedgerows, with no significant vegetation in proximity to the subject lands. Section 4S.(1) of the Planning Act outlines the four utests" 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: 3. 4. lBl Group is a group of firms providing professional services and is affifiated with lBl Group Architects Staff Report D2010-12 regarding Minor Variance Application A- 02/10 GIESBRECHT Page 11 of 12 lBl Group Memorandum Municipality of Bayham - April 19, 2010 Yours truly IBIGROUP . ls the variance m¡nor în nature? The requested variance of 3.4 metres is a 23o/o reduclion in the required setback, but does not locate the addition in a manner that would have a major impact on surrounding land uses. As a result of the large size of the lots in the areas, the surrounding buildings are all far removed irom the area of the building addition, and would not likely be impacted by the development. o ls the varíance desirable for the use of the lands? As lands intended for single detached residential purposes, the requested variance is desirable insómuch as it does not limit the long-term use of the lands for such purposes. There is no impact to on-site parking, and there is no impact to any infrastructure located within the front yard (ie' private well). o Does the variance maintain the general intent and purpose of the Zoning ByJaw? The intent of Section 5.7 is to accommodate increased setbacks from roadwa¡æ with potential for higher traffic speeds, dust, and noise, and ensure appropriate locations and distance separation for the siting of private wells. lt is not considered likely that the proposed reduction of 3.42 metres will alter the intent and purpose of this regulation in any signíficant manner. o Does the varîance maintaÍn the general intent and purpose of the Offíciat Ptan? lt is our opinion that the proposed variance does not alter the intent and purpose of the Official Plan to allow for residential uses on existing lots within the "Agriculture' designation. Based on our review, we do not object to the requested variance for a reduced setback of 3.4 metres from a front lot line in accordance with the requirements of the Planning Act. 7¿r'1 Derek Dudek, MCIP, RPP Consulting Planner to the Municipality of Bayham Jt34o4\472 Froese M\APTlvlfroese20l0{2-22.docuolo{il3\DD Staff Report D2010-12 regarding Minor Variance Application A- 02/10 GIESBRECHT Page 12 of 12