HomeMy WebLinkAboutJanuary 15, 2009 - Planning - PetersMUNICIPALITY OF BAYHAM
COMMITTEE OF ADJUSTMENT
AGENDA
Thursday, January 15, 2009
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)
(a 6:30 pm A-01/09
Application by Abraham and Emma Peters, owners of property located on the south
side of Eden Line, west of Talbot Line, in the Hamlet of North Hall for relief from
Hamlet Residential Section 9.3 - Minimum Lot Area to permit the severance of a
vacant interior parcel of land (XREF E75/08)
File: D13.PETE
5.STAFF PRESENTATION
(a Staff Report D2009-01 Peters Minor Variance
6.PRESENTATIONS BY APPLICANT/AGENT
7.PUBLIC SUBMISSIONS
3-14
Page 1 of 14
Committee of Adjustment
Agenda January 15, 2009
Page
8.COMMITTEE QUESTIONS AND DISCUSSION
9.DECISION OF COMMITTEE (Motions)
(a Decision
10.ADJOURNMENT
(a Adjournment
Page 2 of 14
CORPORATION OF THE MUNICIPALITY OF BAYTIAM
SE CRETARY.TREAST]RER REPORT
TO: Committee of Adjustment Members
FROM : S ecretary- Treasurer, C ommittee of Adj ustment
SUBJECT: Peters, Abraham & Emma A-01/09
DATE: January 9,2009
FILE: Dl3.PETE
NUMBER: D2009-01
Background
We have received a Minor Variance application from Abraham and Emma Peters for their property
located on the south side of Eden Line west of Talbot Line in the Hamlet of North Hall. The property is
designated "Hamlets" in the Official Plan and zoned Hamlet Residential-Holding (HR-h) in the
Bayham Zoning By-law 2456-2003 .
Previously in July 2005, a minor variance was granted to these subject lands for a reduced frontage of
20.l metres located on the westerly portion of the parcel, which at the time was the only frontage for
this property. Later in2007, through consent application ESl06 by the Corinth Mennonite Church,
lands were added to the Peters' property to provide a second access/frontage of 20.3 metres along Eden
Line located on the easterly portion.
The Minor Variance application is submitted to satisfu a condition of severance applicationBT5l0S,
which proposes to sever the parcel with two separate frontages into two separate parcels with frontages
of 20.1metres and20.3 metres, where the required Hamlet Residential minimum lot frontage is 22
metres. The variance is to grant relief from the required Hamlet Residential (HR) Section 9.3 -
Minimum Lot Frontage of the Zoning By-law for the easterly portion.
Staff Comments
Staff and the planner do not have objections to this application. The application satisfies the four
"tests" of Section 45.(1) of the Planning Act for consideration of a minor variance application. At the
time of writing this report, no written objections have been received.
Attachments
1. Notice of Public Meeting
2. Minor Variance Application A-01/09
3. IBI Memo dated January 5,2009
RECOMMENDATION
"THAT the Municipatity of Bayham Committee of Adjustment receive report D2009-01;
AND WHEREAS the Committee agrees with the Memorandum dated January 5,2009 from IBI
Group Ltd., 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 lot frontage of the HR Zone and
that this variance is considered minor;
THEREFORE the application (A-01/09) by Abraham and Emma Peters, pursuant to Section 45
of the Planning Act for a minor yariance, is granted to allow:
Staff Report D2009-01 Peters Minor Variance
Page 3 of 14
Staff Report D2009-01 Peters Page2
Relief from the Hamlet Residential (HR) Zone Section 9.3 - Minimum Lot Frontaee
requirement of 22.0 metres (72.18 feet) to 20.3 metres (66.6 feet) for a Hamlet Residential-
Holding (IIR-h) parcel located in Part LotT Concession I in the Hamlet of North Hall to
satisfy the condition of Consent Application 875/08."
Respectfully submitted,
Underhill, Secretary-Treasurer
Staff Report D2009-01 Peters Minor Variance
Page 4 of 14
Petffi
File D13.08
NOTICE OF' A PT]BLIC MEETING
CONCERNINGÁ. PROPOSED
MINORVARIANCE
IN TEE MT]MCIPALITY OF'BAYHAM
TAKE NOTICE that the Committee:of Adjustnent of the Corporation of the Municipality of
Bayham will hold a public meetiog on Thursday, January 15rb, 2009 at 6:30 p.m. in the
Municipal Council Chambers in Shaffordville to consider a proposed minor va¡iance to Zontng
By-law No. 2456-2003 under Section 45 of the PLANNING ACT.
THx'. p¡r¡¡rqSE of the va¡iance is to grant relief from Section 9.3 - Minimum Lot Frontage, of
the Zoning By-law, on lands located oh the south side of Eden Line, west of Talbot Line, in the
Hamlet of North Hall, as shown on the:key map below.
TET'. EFFECT of this variance will be to allow the severance of a vacant interior parcel of land
with two separate frontages ihto two separate parcels with frontage of 20.3 mefres and 20.1
mehes, where the minimum lot frontage is 22 metres,
ANIY PERSON may attend the public meeting and/or make a written or verbal representation in
zupport of or in opposition to the proposed minor variance.
II' A PERSON OR PITBLIC BODY that files aa appeal of a decision of the Committee of
Adjushent of the Corporation of the Municipality of Bayham in respect of the proposed minor
varia¡rce does not make oral submissions at a public meeting, or make written submissions to the
Committee of Adjusünent of the Corporation of the Municipality of Bayham before a desision is
rendered, the Onta¡io Municipal Boæd may dismiss all or part of the appeal.
IF YOU ÏVISH to be notified of the decision of the Committee of Adjustunen! you must make a
written request to the undersigned.
ADDITIONAL INFORMA'TION relating to the proposed minor variance may be obtained at
the Municipal OfEce.
DÄTED at the Municþality of Bayhamthis Sth day of JANUARy2009.
KEY MAP
MUN¡CIPALITY OF BAYHAM
SUBJECT
LANDS
Margaret Underhill
Planning Co-ordinator / Deputy
CIerk
Municipality of Bayham
P.O. Box 160
Straffordville, ON, NOJ 1Y0
Telephone: (519) 86C5521
Far (519) 866-3884
a¿
Staff Report D2009-01 Peters Minor Variance
Page 5 of 14
Fire No. þt- o I /o7
APPLICATION FOR
MINOR VARIANGE
Planning Act, R.S,O. 1990, O,Reg 200/96 as amended
The undersigned hereby applies to the Committee of Adlustment for the
MUNICIPALITY OF BAYHAM
P.O. Box 160
STEAFFONDVILLE, ON.
Telephone : (51 9) 866-5521
Fax: (519) 866-3884
Under Section 45 of the Planning Act, R.S.O. '1990 for relief, as descríbed in this application,
from By-law No.2456-2003 (as amended) Municipality of Bayham
1. OWNER(S)
a) Name Abraham and Emna Peters
b) Mailing Address 5447 3 Eden Line . RR #4 . Avtmer - oN N5H 2R3
c) Tefephone No.
d) Fax No.
SOLICITOR / AUTHORIZED AGENT
a) Name David Roe
b) Mailing Address
c)
d)
Telephone No.
Fax No.
Work: 5tq_5R?_117rL
519-582-¿+616
Send correspondence to:! ownerls¡ lll soti.itor/Authorized Asent
28t04t2006
Minor Variance 2006.doc
FOR OFFICE USE ONLY Kr//#oor-o7aô/
Application No.: ff- o t /o1 | Dare Received: \.¿<-l d.,/oF.Dateof Meeting: Jan tl/O!
Èee Beceived: Qo6 6 - | Committee Decision:File No.:
Rcf#o7btt'
Staff Report D2009-01 Peters Minor Variance
Page 6 of 14
Municipallty of Bayham
Application for Minor Variance
Page 2
3. Names and address of any mortgages, holders and charges or other encumbrances:
Name Address
Location of Land
a) Lot and Plan or Concession No.:Lot 7, Concession 8
b) Street No. and Name:54473 Eden Line
Nature and extent of rel¡ef appl¡ed for:
Rel i ef f rnm Secti nn Q. ? Minin¡¡¡n LoË FronÈage ef 22.OlrF
.equ- red e* reÈained a*d =eo.red pateel= "hielt ri11
7. Dimensions of the land affected:
a) Frontage (m)
b) Depth (m)
c) Area (sq.m / ha)
Severed 20.3m Retained 20 -In
Padiculars of all buildings and structures on or proposed for the subject land (specify
ground floor area, gross floor area, number of storeys, wldth, length, height, etc.)
a) Existing Vacant
b) Proposed Unknown
28t04t2006
Minor Variance 2006.doc
377n 6l+R -7 n
4-7iha o .lÁh-
9. Date of acquisition of subject land:
Staff Report D2009-01 Peters Minor Variance
Page 7 of 14
Munlclpallty of Bayham
þplication for Minor Variance
Page 3
10. Date of construct¡on of all buildings and structures on subject lands:
11. Existing uses of the subject property:
Agricultural
12. Length of t¡me and existing uses to the subject property have continued:
13. Existing uses of abutting propert¡es:
a) North Rocirtanria-l
b) East Re.sidenl_ial and chrrrch
c) South Âgrir-'rtrrrard) west AgrieurËural and resídenËíal
14. Seruices ava¡lable (check appropr¡ate space(s))
a) Method of Water Supply (if applicable)
Public Water Supply System tr Private lndividual Wetl {
Private Communal Well tr Other (please spec¡fy)
b) Method of Sanitary Waste Disposal (if applicable)
Private Septic Tank and Private Communal System tr
Tile Field System { Oúer (ptease spec¡fy)
15. Present Offlcial Plan designation:Hamlet
16. Present Zoning Bylaw classificatlon: HR
17. Has the owner previously applied for a minor variance in respect to the subject property?
/.G\a) ú"9 tr No tr
lf Yes, describe briefly:
18. ls the subJect property the sublect of a current appllcation of consent / severance?
YesúNotr
E 7f/a g
v ¡ n o r vari a n c2e?3åi:33:
Staff Report D2009-01 Peters Minor Variance
Page 8 of 14
STATUTORY DECLARATION
l, David Roe
(Name of Applicant)
in the
(City, Municipality, Town, Township)
CounLy of Norfolk
(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 knowíng that it is of the
same force and affect as íf made under oath.
DECLARED before me
in the
)
)
)
* lf authorized agent, a letter of authorization from
the owner of the property must accompany this
application.
28104/2006
Minor Variance 2006.doc
ature of Applicant or
Staff Report D2009-01 Peters Minor Variance
Page 9 of 14
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Staff Report D2009-01 Peters Minor Variance
Page 10 of 14
Staff Report D2009-01 Peters Minor Variance
Page 11 of 14
Staff Report D2009-01 Peters Minor Variance
Page 12 of 14
MEMO
To: Municipality of Bayham
From: Derek Dudek, MCIP, RPP
Date:
Steno:
File No:
January 5, 2009
dd
3404-451
1
Subject:Peters - Proposed Minor Variances - 54473 Eden Line
We have completed our review of the application for minor variance (File A-01/09) to Zoning By-law
No. 2456-2003 submitted on behalf of Abraham & Emma Peters, to request an exemption from
Section 9.3 - Minimum Lot Frontaqe in the Hamlet Residential (HR) Zone. The subject lands are
located at 54473 Eden Line, west of Talbot Line, in the Hamlet of North Hall. The subject lands
include two conditionally severed parcels of land,4.73 hectares and 9.16 hectares in area
respectively, which are designated "Hamlets" in the Official Plan and zoned Hamlet Residential -
holding (HRthl) in Zoning By-law No. 2456-2003. Both parcels contain holding (h) zone symbols
preventing development from occurring on these lands until such time as the symbols are removed.
The purpose of the minor variance application is to allow the owner to sever each parcel with
frontages of less than the required 22 metres (72'). The required frontage is intended to be the
minimum amount of land to construct a residential dwelling where no public water or sewer services
exist. The proposed lots include large interior parcels and are proposed to be developed for small
plans of subdivision (5 lots) with the remainders staying in agricultural use. The frontages would
each be used for interior roads extending southwards from Eden Line.
The subject lands are characterized as a small remnant agricultural parcel without any buildings
that is used for field crops and includes very little natural vegetation. A number of parcels have
been severed from the lands over the previous years mainly for residential purposes, but also
including a church property. The lands border Talbot line (Provincial Highway No. 3) to the south,
but are restricted from accessing these lands by a one foot (l') reserve in favour of the Ministry of
Transportation. Beyond the subject lands lay a large wooded area to the west, residential lots to
the north and east; and agricultural lands to the south outside of the Hamlet boundary.
Section 45.(1) of the Planning Actoutlines 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:
2
3
Staff Report D2009-01 Peters Minor Variance
Page 13 of 14
Municipality of Bayham January 5, 2009
. ls the variance m¡nor in nature? The requested variance is for lot frontage which still
exceeds 20 metres in both instances. The purpose of the front portions of both lots is
for roads and exceeds the minimum distance required for any future internal roads
developed here.
. ls the variance desirable for the use of the lands? The use of the these portions of
the lands is for internal roads and the 20 metre (66') widths are the desired distance for
such internal roads as per Section 5.3 of the Official Plan.
o Does the variance maintain the general intent and purpose of the Zoning By-
law? The intent of the regulations regarding minimum lot frontage are to ensure
adequate room for the provision of private water and sewage disposal services. These
variances do not alter the íntent of this regulation as they are intended for future roads
with development occurring further to the south on the properties.
. Does the variance maintain the general intent and purpose of the Official Plan?
As noted, the lands are designated "Hamlets" in the Official Plan. The intent of the
"Hamlets" designation is to recognize small clusters of residential, institutional and
commercial development, while providing for limited amounts of such growth on private
services through infilling and small plans of subdivision. The variances will
accommodate private roads to service small plans of subdivision as anticipated by the
Official Plan policies.
Based on our review, we can support the requested variances for reduced minimum lot frontages
given the intention to use these portions of the subject lands as future roads, and given the large
interior areas of each proposed parcel. The holding (h) zone symbol will remain on these lands to
prohibit any buildings or structures on the lands until such time as the development plans for each
parcel are finalized.
-2-
5.
7¿rt-l
IBIGROUP
Derek Dudek, MCIP, RPP
Consulting Planner to the
Municipality of Bayham
J13404\451 Peters_lvMPTMpeters2009-01 45. docu00941 48\DD
Staff Report D2009-01 Peters Minor Variance
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