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
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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-
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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-
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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-
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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-
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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-
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Page 9 of 12
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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
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