HomeMy WebLinkAboutJune 17, 2010 - Planning - 911772 Ontario Inc.MUNICIPALITY OF BAYHAM
COMMITTEE OF ADJUSTMENT
AGENDA
Thursday, June 17, 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-03/10 911772 Ontario Inc. - Request for variance to grant
relief from Section 5.3 - Minimum Lot Frontage of the Zoning By-law Z456-2003, as
amended, on lands located at the eastern terminus of Best Line, in Concession 9 being Part
Lots 14,15 & 16.
5.STAFF PRESENTATION
(a)Staff Report D2010-20 regarding Minor Variance Application A-03/10 911772
Ontario Inc.
6.PRESENTATIONS BY APPLICANT/AGENT
7.PUBLIC SUBMISSIONS
8.COMMITTEE QUESTIONS AND DISCUSSION
3-12
Page 1 of 12
Committee of Adjustment A-03/10
Page
9.DECISION OF COMMITTEE (Motions)
(a)Decision
10.ADJOURNMENT
(a)Adjournment
Page 2 of 12
CORPORATION OF THE MUNICIPALITY OF BAYHAM
SECRETARY-TREASURER REPORT
TO: Committee of Adjustment Members DATE: June 11,2010
FROM: Secretary-Treasurer, Committee of Adjustment FILE: D13.911772
SUBJECTz 911772 Ontario Inc. A-03/10 NUMBERzD20I0-20
Purpose
To consider a Minor Variance Application for relief from the required minimum lot frontage.
Background
A Minor Variance application has been submitted by 911772 Ontaio Inc. for property located at the
easterly terminus of Best Line, Part Lots 14, 15 &, 16 Concession 9. The property is designated
"Agriculture" in the Official Plan and zoned Agricultural (41-A) in the Bayham Zonng By-law 2456-
2003.
Purpose and Effect
The purpose of the variance is to grant relief from Section 5.3 - Minimum Lot Frontage of the Zoning
by-1aw.
The effect of this variance will be to allow a lot frontage of 20 metres (66') being the width of Best
Line, where 150.0 metres (492') is the required lot frontage in the Agricultural (Al) Zone.
Staff Comments
The application satisfies the four "tests" of Section 45. (1) of the Planning Act for consideration of a
minorvarianceapplicationasperlBlGroup'smemodatedJanuary7,2010. Staffandtheplannerdo
support the variance given that the owner has historically used and will continue to use the reduced
frontage on Best Line to access the farmlands. The variance is only required to recognize the loss of
the legal frontage on Murray Road as a result of the consent 894109 severing the woodland portion to
add to the adjacent northerly parcel.
At the time of writing this report, no written concems or objections ûom the public have been received.
Attachments
1. Notice of Public Meeting
2. Minor Variance Application A-03/10
3. IBI Memo dated January 7,2010
Strategic Plan Goal(s)
GoaI# 2 Ensure reliable, well-maintained and secure infrastructure.
Goal # 6 Provide and encourage attractive lifestyle choices.
RECOMMENDATION
ÍúTIIAT Committee of Adjustment Secretary-Treasurer's reportD20l0-20 be received;
Staff Report D2010-20 regarding Minor Variance Application A-
03/10 911772 Ontario Inc.
Page 3 of 12
StaffReport D2010-20 911772 Ontario Inc.Page2
AND WHEREAS the Committee agrees with the IBI Group Memorandum dated January 7,
2010, which states that the proposed variance meets Section 45. (1) of the Planníne Act to qualify
as a minor variance to the regulations of the minimum lot frontage and that this variance is
considered minor;
THEREFORE the application (A-03/10) submitted by 9L1772 Ontario Inc., pursuant to Section
45 of the Planning Act for a minor variance, is granted to allow:
o Relief from Section 5.3 - Minimum Lot Frontase, to permit a lot frontage of 20 metres
(66'), where 150.0 metres (492') is required in the Agriculture (41-A) Zone, to recognize
the reduced lot frontage as a result of a consent applicationB94l09.
Respectfully submitted,
Staff Report D2010-20 regarding Minor Variance Application A-
03/10 911772 Ontario Inc.
Page 4 of 12
9ll'172 Oît^no
Fi]reD13.911772
NOTICE OF A PUBLIC MEETING
CONCERNINGA PROPOSED
MINORVARI,{NCE
TN 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, June 17th, 2010 at 6:30 p.m. in the Municipal
Council Chambers in Straffordville to consider a proposed minor va¡iance to Zontag ByJaw No.
7456-2003 under Section 45 of the PLANNING ACT.
THE PIJRPOSE of the va¡iance is to grant relief from Section 5.3 - Minimum Lot Frontage of
the Zoning By-law, on lands located at the eastem terminus of Best Line, in Part Lot 14, 15,16,
Concession 9, in the Municipality of Bayham, as shown on the keymap below.
THE EFFECT of this variance will be to allow a lot frontage of 20 mehes (66') being the width
of Best Line, where 150,0 metres (492') is the required lot frontage in the Agricultural (Al)
Zone.
AIIY 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
Adjustrnent of the Corporation of the Municipality 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 Municþal Board may dismiss all or part of the appeal.
IF YOU WISH to be notified of the decision of the Committee of Adjustnent, you must make a
written request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed minor va¡iance may be obtained at
the Municipal Office.
DATED at the Municþality of Bayham this 7th day of June 2010.
Margaret Underhill
Planning Co-ordinator /
Deputy Clerk
Municþality of Bayham
P.O. Box 160
Strafïordville, ON, NOJ 1Y0
Telephone: (519) 86G5521
Fax: (519) E6ú3884
KEY MAP
MUNICIPALITY
lt
I
SUBJECTI I
LANDS I I
lt
I
LoT 1s I I Lor 16I
I
Staff Report D2010-20 regarding Minor Variance Application A-
03/10 911772 Ontario Inc.
Page 5 of 12
Fi. No. ko z /lo
APPLIGATION FOR
MINOR VARIANGE
Planning Act, R.S.O. 1990, O.Reg 200/96 as amended
The undersígned hereby applies to the Gommittee of Adjustment for the
MUNICIPALITYOF BAYHAM
P.O. Box 160
STRAFFORDWLLE ON.
Telephone: (51 9) 866-5521
Fax: (519) 86ô.3884
Under Section 45 of the Planning Act, R.S.O. 1990 for relief, as described in this application,
from Bylaw No. 2456-2003 (as amended) Municipalíty of Bayham
2. SOLICITOR/AUTHORIZEDAGENT
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:
Home: {t q ^ çZG ^ -4 ç/6 work:
Home:Work:
[X I ownerls¡ l-l soli.¡tor/Authorized Asent
2810412006
Minor Variance 2006
FOR OFFICE USE ONLY
Application No.: fl -o7 /tO Date Received /Drt /t,4/la
Fite No.: D /3 . 9/t77,
'.u gn
Staff Report D2010-20 regarding Minor Variance Application A-
03/10 911772 Ontario Inc.
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 Plan or Concession No.:
b) Street No. and Name:
5. Nature and extent of relief applied for:
1,1 t4,t1 tb*7 Co-r- q
¿?¿1 7 â /{fn æc€,F,
?'ogrtl f?p op,14ç¿3 A. n JD A-cr Fr ( R€s ¿ttÎ),tt æ l?r.o -,
Sêoe¿ ,4 Ð(-€
6. Why is it not possible to comply with the provisions of the By-law?
Ur) ÒpFÐêû R o¡ n AL¿u¿, 4 ÐzF /s î ry'L+-¡ otc
PonnoÐ ,2F lÌrî I&oÐ(T t-
7. Dimensions of the land affected:
a) Frontage (m)
b) Depth (m)
c) Area (sq.m / ha)
8.Particulars of all buildings and structures on or proposed for the subject land (specify
ground floor area, grosq floor area, number of storeys, width, length, height, etc.)
a) Exísting
b)Proposed
Date of acquisition of subject land: A U U êo ß
(¿¿-
28t0412006
Minor Variance 2006
QÐ" ¡ Hrî
/zrserr êu4/o, olto,¿ s¿¿/?q(
Staff Report D2010-20 regarding Minor Variance Application A-
03/10 911772 Ontario Inc.
Page 7 of 12
Municipality of Bayham
Application 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:
Rt CtzLlovti o/êelé
12. Length of time and existing uses to the subject property have contin u"a, 4/-U.+V S A&l-t¿¿*@a<
13. Existing uses of abutting properties:
A 0,-4, e,*t1ur"é
Ar-nt et*f¿, n-€
14. Services available (check appropriate space(s))
Water Supply (if applicable)
PublicWater System tr Private lndividual Well
Private Communal tr
Other (p/ease
Method of Sanitary Waste Disposal
Private Septic Tank and
Tile Field System tr
System
System
Other (p/ease specify)
15. Present Official Plan designation:tÉ
a) North
b) East
c) South
d) West
a)
b)
tr
!
16. Present Zoning Bylaw classification: fr t n
17. Has the owner previously applied for a minor variance in respect to the subject property?
a)YestrNotr
lf Yes, describe briefly:
18. ls the subject property the subject of a current application of cons
YesFNotr
AryLt.î î"..o á I
0310712007
Minor Variance 2006
7T/,r
Staff Report D2010-20 regarding Minor Variance Application A-
03/10 911772 Ontario Inc.
Page 8 of 12
STATUTORY D ECLAR^ATION
Çtltn ônlo,ìo lnc
(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 true.
AND I make this solemn Declaration conscientiously belíeving it to be true, and knowing that it is of the
same force and affect as if made under oath.
DECLARED before me
tnis BL¿^yú /m{ ,20-[O
* lf authorized agent, a letter of authorization from
the owner of the property must accompany this
application.
2810412006
Minor Variance 2006
?llzzt ô^f /Mc^
of Appricant o, C. R"n PA;//Vs
Authorized Agent *
Depufy Clerk ofthe Corporatio¡ oftùe
Municipelity of Beyhan
Staff Report D2010-20 regarding Minor Variance Application A-
03/10 911772 Ontario Inc.
Page 9 of 12
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lBl Group
203-350 Oxford Street West
London ON N6H 113 Canada
tel 5194727328
lax 5194729354
To/Attention
From
cc
Subject
Municipality of Bayham
Derek Dudek, MCIP, RPP
Date January7,2O1O
Project No 3404-468
dd
1.
2
3.
4.
Memorandum
Steno
91'1772 Ontario lnc. (Phillips) - Application for Consent (E94l09) - Part
Lot 14, 15, Concession 9, Murray Road
We have completed our review of the consent application submitted on behalf of 911772
Ontario lnc in support of a proposal to sever and convey a 19.9 hectare (49 acre) parcel of
land in Part Lot 14 and 15, Concession 9, on the east side of Murray Road, south of
Talbot Line. The lands to be severed are designated "Area of Natural and Scientific
lnterest - ANSI's' in the Offìcial Plan and zoned Agricultural (41-A) in Zoning By-law No.
2456-2003. The A1-A Zone recognizes a minimum lot size of 40 hectares.
The proposed lot addition would result in no new lots being created, while the new lot
areas would be 80.1 hectares (198 acres) for the retained lot accessed from Best Line;
and 41.3 hectares (102 acres) for the newly configured lot on Munay Road. The retained
parcel and newly configured lot are both vacant. The severed lands are characterized as
a completely wooded area that is part of the BÍg Otter Creek Life Science ANSI, which is a
Provincially Significant ANSI, These lands are separated from the retained portion by a
hibutary of the Big Otter Creek. The subject lands would be conveyed to the farm parcel
to the north which is characterized as an open field. The retained lands are characterized
as a mixture of open fields and wooded areas associated with the aforementioned ANSI.
There is no proposed development associated with the consent application'
Section 8.7.7 o'Í the Official Plan states that consents for 'lot adjustments, lot additions,
minor boundary changes ... are permitted in any land use designation, provided the
severed and retained parcels comply with the other requirements of this Plan (and) the
Zoning By-lau/.
The principal function of the "ANSI' designation of the Official Plan is to ¡ecognize areas
of natural heritage signifìcance and protect them from incompatible development.
Furthermore, Section 7.2.1. c) of the Official Plan states that Council shall discourage
"development" and site alteration on or adjacent to natural heritage features or areas.
lBl Group is a group of firms prov¡d¡ng professional services and ls affìliated with lBl Group Architects
Staff Report D2010-20 regarding Minor Variance Application A-
03/10 911772 Ontario Inc.
Page 11 of 12
lBl Group MemoÌandum
Municipelity of Beyñam - January 7, 2010
While no site alteration is proposed, the definition for'development" includes the creation
of new lots. While there are technically no new lots being created as part of the consent
application, the Long Point Region Conservation Authority (LPRCA) and the Ministry of
Natural Resources (MNR) should be circulated for comments to ensure they have no
issues with the re-alignment of lot boundaries.
5. Provided that both of the aforementioned agencies have no issues with proposed consent,
we would be able to support the consent subject to specific conditions of consent and
rezoning, which would ensure the intent of the Official Plan's Natural Heritage policies are
maintained. Such requirements are allowed by Section 7.2.2c) of the Official Plan and
are as follows:
a. That the proposed severed lands are merged on title with the lands to the
north identifìed as Part 1 of RP 4603.
b. That the newly configured parcel is rezoned to the A1-A Zone lo recognize its
new lot area that exceeds 40 hectares.
c. That the newly configured parcel includes zoning in the form of site'specifìc
regulations which prohibit development or site alteration on all or a portion of
the subject lands without the written consent of the LPRCA and/or the MNR.
d. That the retained lands obtain a minor variance to the Zoning By-law to
recognize the reduced lot frontage as a result of the consent. We would
support any such variance given that the subject lands are currently
accessed with the reduced frontage, and the variance is only required to
recognize the loss of the legalfrontage on Murray Road.
7¿r',-l
IBIGROUP
Derek Dudek, MCIP, RPP
Consulting Planner to the
Municipality of Bayham
J:\3404\468 Philips - Muray Rd\PTMph¡llipsæ10{l{7.dæ\2010{1 47\DD
Staff Report D2010-20 regarding Minor Variance Application A-
03/10 911772 Ontario Inc.
Page 12 of 12