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HomeMy WebLinkAboutMay 18, 2017 - Planning - Committee of Adjustment COMMITTEE OF ADJUSTMENT AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, May 18, 2017 6:30 p.m. 1. CALLTO ORDER 2. APPOINTMENT OF CHAIRMAN 3. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 4. APPLICATIONS A. Minor Variance Application A04/17 A&T Csinos Request to grant relief from the Zoning By-law regulations for Accessory Uses, Section 4.2 b) Front Yard Setback from 15 m (49 feet) to 6 m (20 feet; and 4.2 c) to permit an accessory building in the front yard on the lands for a property with 3.6 ha (9 acres) of land located on the west side of Plank Road, south side of Glen Erie Line known as 4675 Plank Road which will allow the construction of an accessory building (garage) in a required front yard setback and to allow an accessory building in the front yard B. Minor Variance Application 05/17 Donnell Request to grant relief from the Zoning By-law Section 48.1 c) Prohibited Uses to permit a modular home on the lands with 1,011 m2 (0.2 acres) of land located on the east side of Victoria Street, south side of William Street in the village of Port Burwell known as 56 Victoria Street which will allow the installation of a modular dwelling of 13 m (43 feet) by 11 m (36 feet) on the property, manufactured to comply with federal standards, where otherwise a modular dwelling would be prohibited 5. STAFF PRESENTATION A. Report DS-20/17 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment re Committee of Adjustment— Minor Variance —A-04/17 Csinos, A & T B. Report DS-21/17 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment re Committee of Adjustment— Minor Variance —A05/17 Donnell 6. PRESENTATIONS BY APPLICANT/AGENT 7. PUBLIC SUBMISSIONS 8. COMMITTEE QUESTIONS AND DISCUSSION 9. DECISION OF COMMITTEE (Motions) 10. ADJOURNMENT -$01-144,1 NOTICE OF A PUBLIC MEETING 4Pill _r ��►, CONCERNING A PROPOSED MINOR VARIANCE CfrairowIN THE MUNICIPALITY OF BAYHAM t PpOrfunity APPLICANT: A. & T. CSINOS 4675 PLANK ROAD TAKE NOTICE that the Municipality of Bayham has received a complete application for a Minor Variance (Application A-04/17). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, May 18, 2017 at 6:30 p.m. in the Municipal Council Chambers in Straffordville to consider a proposed minor variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT. THE PURPOSE of the variance is to grant relief from the Zoning By-law regulations for Accessory Uses, Section 4.2 b) Front Yard Setback from 15 m (49 feet)to 6 m (20 feet); and, 4.2 c)to permit an accessory building in the front yard on the lands for a property with 3.6 ha (9 acres) of land located on the west side of Plank Road, south side of Glen Erie Line known as 4675 Plank Road. THE EFFECT will be to allow the construction of an accessory building (garage) in a required front yard setback and to allow an accessory building in the front yard. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. 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 Office. DATED at the Municipality of Bayham this 4th day of May 2017. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill 101i l� Deputy Clerk/Planning Coordinator 1, ' '" Municipality of Bayham ��N 101 , P.O. Box 160, 56169 Heritage Line Straffordville, ON, NOJ 1Y0 T: 519-866-5521 Ext. 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca al. SUBJECT LANDS 1111 1011k2 �1.0rr3 NOTICE OF A PUBLIC MEETING 4P 1►, CONCERNING A PROPOSED MINOR VARIANCE O f4 / IN THE MUNICIPALITY OF BAYHAM t PpOI tunny ISS°� APPLICANT: V. DONNELL 56 Victoria Street TAKE NOTICE that the Municipality of Bayham has received a complete application for a Minor Variance (Application A-05/17). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, May 18, 2017 at 6:30 p.m. in the Municipal Council Chambers in Straffordville to consider a proposed minor variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT. THE PURPOSE of the variance is to grant relief from the Zoning By-law Section 4.8.1.c) Prohibited Uses to permit a modular home on the lands with 1,011 m2 (0.2 acres) of land located on the east side of Victoria Street, south side of William Street in the village of Port Burwell known as 56 Victoria Street. THE EFFECT will be to allow the installation of a modular dwelling of 13 m (43 feet) by 11 m (36 feet) on the property, manufactured to comply with federal standards, where otherwise a modular dwelling would be prohibited. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. 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 Office. DATED at the Municipality of Bayham this 4th day of May 2017. KEY MAP MUNICIPALITY OF BAYHAM 1Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, NOJ 1Y0 T: 519-866-5521 Ext. 222 F: 519-866-3884 E: munderhill@bayham.on.ca to y MUM,ST 5Li W: www.bayham.on.ca IJ N1s11'7Y1N-si -q w SUBJECT LANDS HANNAH"ST WATERLOO ST • Village of Port Burwell vox-YHA/if AllinP*44-4s' .,-,::.,„ ,„-_---,,,,,,,,,,,,, , :_ _____,,,,,,w,„,1,,„,,, , REPORT ,..„ ,,,,„f, -7' : o 4 ��� DEVELOPMENT SERVICES �p0i'tunity I'�� TO: Committee of Adjustment Members FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment DATE: May 18, 2017 REPORT: DS-20/17 FILE NO. C-07 / D12.Csinos Roll # 34-01-000-001-01800 SUBJECT: Committee of Adjustment - Minor Variance —A-04/17 Csinos, A &T BACKGROUND: Alice and Tony Csinos have submitted a minor variance application for their 3.96 hectare (9.8 acre) property located in Concession 1 Part Lot 12. The property is designated "Agriculture" and "Natural Gas Reservoir" on Schedule "Al" Land Use and "Hazard Lands" on Schedule "A2" Constraints in the Official Plan and zoned Agriculture (A1) and LPRCA regulation limit and located on Map No. 14 of the Zoning By-law Z456-2003. The purpose of the variance is to grant relief from the Zoning By-law regulations for Accessory Uses, Section 4.2 b) Front Yard Setback from 15 m (49 feet) to 6 m (20 feet); and, 4.2 c)to permit an accessory building in the front yard on the lands for a property with 3.6 ha (9 acres) of land located on the west side of Plank Road, south side of Glen Erie Line known as 4675 Plank Road. The effect will be to allow the construction of an accessory building (garage) 6.09 metres (20 feet) X 7.3 meters (24 feet) in a required front yard setback and to allow an accessory building in the front yard. DISCUSSION: The Committee must be satisfied that the application meets the four "tests" of Planning Act Section 45.(1) for a minor variance to the zoning by-law. The planner's memorandum dated May 8, 2017 outlines the full analysis of the four"tests". Staff and planner concur the application meets the criteria for a minor variance and recommend approval. ATTACHMENTS 1. Application for Minor Variance A-04/17 Csinos Staff Report DS-20/17 Csinos Page 2 2. IBI Memorandum dated May 8, 2017 RECOMMENDATION "THAT the Committee of Adjustment Secretary-Treasurer's report DS-20/17 regarding the Csinos minor variance be received; AND WHEREAS the Committee agrees that the proposed variance meets Section 45.1(1) of the Planning Act and this variance is considered minor; THEREFORE application A-04/17 submitted by A. & T. Csinos, pursuant to Section 45 of the Planning Act for minor variance, is granted to allow relief from Municipality of Bayham Zoning By-law Z456-2003: • Section 4.2 b) Front Yard Setback—to permit the placement of the accessory building closer to the front lot line than the main building at 6 metres (20 feet), whereas the required distance is 15m (49 feet), and; • Section 4.2 c) Location of an Accessory Building -to permit the placement of the accessory building in the front yard, where currently accessory buildings are not permitted in front yards. Condition for Permit: Owner/applicant provide the Municipality a written permit or written permission from the Conservation Authority not opposing the location of the accessory garage on the lot and setback from the hazard lands along the Big Otter Creek. Respectfully Submitted by: Reviewed by: Margaret Underhill Secretary/Treasurer Committee of Adjustment 'CAO/C -- /1/4)( File No. A —�/ //-7 ; p4.� opA (�ItS�o��y APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, O.Reg 200/96 as amended The undersigned hereby applies to the Committee of Adjustment for the MUNICIPALITY OF BAYHAM P.O. Box 160, 9344 Plank Rd. STRAFFORDVILLE, ON Telephone: 519 866-5521 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. Z456-2003 (as amended) Municipality of Bayham. Application to be accompanied by the fee of$2000.00 in cash or cheque made payable to the Municipality of Bayham. 1. OWNER(S) 7 �' al a) Name �NA�,IC.j ► iS 4. ►�d IiC-� ,S i Ai OS b) Mailing Address 4.1j ' \aI a w,C iQ4 I C i I i� �A V N ©J 1Z 0 c) Telephone No. Home:,]/ V S- 7 s) Work: 6'/� ti r: e/4 7 d) Fax No. 2. SOLICITOR I AUTHORIZED AGENT a) Name b) Mailing Address c) Telephone No. Home: Work: d) Fax No. Send correspondence to: ;' Owner(s) Solicitor/Authorized Agent FOR OFFICE USE ONLY 3‘/0/0 00 / 0/ y";{j 0 Application No.: Al- eq f/7 Date Received: G#//7 Date of Meeting:/%/2l�/8"AI &:30,00 File No.:.Da. Fee Received: 69,,90 f' Committee Decision: -a'/9 Fra 11/03/2015 Minor Variance 2015 Municipality of Bayham Application for Minor Variance (.0 Page 2 3. Names and address of any mortgages, holders and charges or other encumbrances: Name Address (( C-17Y� un>t � � )0cvl �© �� �� � m �Sy 4. Location of Land a) Lot and Plan or Concession No.: i0(la+ L Q 4- �..Z�� C b) Street/911 #& Name: Li I) eiANA<- 12/- et 5. Nature and extent of relief applied for: i I ..v.-i t F �2 o n•N Wil- i� c: d is 1- G1 AJ c, e- 0 m �OOc Colo a ,uc ( C-1-etli Rodd , oldsed) 2/3 . 6,c-74-6,--n '7 2 6) c) 61/1.07' /irA° se chc rt /z r/is• Co. o96 m t- . _ - is- - -- r e1,tiS-refitted. (do) 6. Why is it not possible to comply with the provisionsllof the By-law? h,c. � 5e,+ Vac ` h2D1171 V D NCI r2y o )2 ct y /11 OwIl ic 4 /I- Carl 0'n a C'�e 7. Dimensions of the land affected: (i--R G h e o Su r U' C-�/ 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, gross floor area, number of storeys, width, length, height, etc.) a) Existing boo S I s w 1-I-h 6 Use, Vh. sl- rt ox I q' Do Isl. -P-1 b) Proposed t70 " X .5 'e ,e GC T1 CSG Le 9. Date of acquisition of subject land: 19 11/03/2015 Minor Variance 2015 Municipality of Bayham Application for Minor Variance Page 3 10. Date of construction of all buildings and structures on subject lands: ( c1 11. Existing uses of the subject property: {{ 12. Length of time and existing uses to the subject property have continued: I cl c I — 2,O f 4:71- 13. Existing uses of abutting properties: I a) North V /�-C/}w ��'" S++' V(-'t-tatf �Y. C @a IZ ►J J b) East ' ,2F'112�=�T GA4 SAE,w /j Ai ca c ► .4 �k' c i CA yd c. I c) South IJ f c� 0 YL �2 C'�z� i,'.: et-I-e 12.51,ed d) West U ' 14. Services available(check appropriate space(s)) a) Method of Water Supply(if applicable) Public Water Supply System 0( Private Individual Well 0 Private Communal Well 0 Other (please specify) b) Method of Sanitary Waste Disposal (if applicable) Private Septic Tank and Private Communal System ❑ Tile Field System 11 Public Sanitary Sewer System ❑ Other (please specify) 15. Present Official Plan designation: 16. Present Zoning Bylaw classification: I 17. Has the owner previously applied for a minor variance in respect to the subject property? a) Yes 0 No If Yes, describe briefly: 18. Is the subject property the subject of a current application of consent/severance? Yes 0 No 11/03/2015 Minor Variance 2015 STATUTORY DECLARATION p I/We, (k.-�J Cs 1 Nus a 1.-d01 Ice, OA- ) 'JCS of the 11 Name of Applicant(s) 0AA in the � � 1 1 (City, Municipality, Town, Township) (County/District/Region) SOLEMNLY DECLARE / AFFIRM THAT to the best of my/our knowledge and belief, all of the information, exhibits and statements provided in this application as required under Section 45 of the Planning Act R.S.O. 1990 and Ontario Regulation 200/ 96 as amended are true; THAT I/We shall assume responsibility for any additional costs exceeding the deposited amount related to the said application and understand and agree that payment of said additional costs shall be a condition of this signed application. I/We also agree to accept all costs as rendered; 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 and by virtue of the "Canada Evidence Act". DECLARED before me at the ' h)i7 (City, Muni6ipality,Tow ,Township ) Signature of Applicant or Authorized Agent* in the a a ) (County/Di trict/Region) ) Signature of Applicant this ci day of r/ / , 20/7 ) Signature of Applicant ) A Corn issioner, etc. ) • - • T UNDERHILL,a Commissioner9 de. * If authorized agent, a letter of authorization from Deputy Clerk of the Corporation of the the owner of the property must accompany this D:i:arcipailty of Bayhan. application. 11/03/2015 Minor Variance 2015 REQUIRED SKETCH FOR MINOR VARIANCE APPLICATIONS APPLICANT NAME ,T Os i AJ )S at-NotLAI ice. Cs (Al t,S PROPERTY ADDRESS t4 CTS' �,r} ivtc gd of loAi 4 i) ,f Z C� Roll #3401 - Lot f Concession Registration Plan No.: Part Lots: Quarter of Municipality Lot N.E. 0 N.W. 0 S.W. 0 S.E. 0 See Sketch Instructions on the following page. VUXC- Le—C1 L.)a e4-I c (A 6eScri 1 U b ( 1,.11- Zell c J C0v- S'e- 2 aJ hs � y kar,) \,..) (4.Li e_ cx 1,, a eri c„ A:1-1 1-.) (2,_ a 9,2 /4 \rv-, RETURN THIS SKETCH WITH APPLICATION FORM- NOTE: WITHOUT A SKETCH AN APPLICATION CANNOT BE PROCESSED ALL DIMENSIONS MUST BE IN METRIC (.0 ) Proposed Garage 4675 Plank Rd R.R. 2,Vienna,On Dimensions - 20 feet byteet Cottage style roof to match house Shingle roof to match house Brick veneer front to match house 8 foot roll up garage door front of building(east side). Man door on south side of building Board and batten style steel siding Hydro to garage from house 220V On a foundation if necessary subject to building code 111 �` : m -.LL0wq - T. _`` wi o DATED— s:t /)//�`% 1773 NCE FENS' PANT TWO o Et a • wEe �M/7 ;, - c I 161 8g•. 40"W '' CONCi / '�'_�a/ : 2 a • r• i `y /.! SSI°NS'. Jr /1•t. •�� N 7{3,... w i as de ANO . 'J °•^� to�4GbQ �� J`CJ kr(L N '�` €.,.°0, :2. t OR/ '.,.1(/ !/�4.{/(Y� / V .- ,....k" i \ Og ` � _ � Il ° �' ���� > �- NOTES `- , c'" / • _ o 19 • eg•L ' - 0. — BEARINGS;.ARE ASTRONOMIC-AND ARE REPTR �e ry • va '-'N:60°43•:30 E ON DEPOSITED PLAN No 46 • • \ �•O I U .�,:,xc� ,� STANDARD IN BARS, ONE'INCH SQUARE / • )":,,•16.1_.),--' ,1 r TA� .•\' i a PART ONE " a� F ° c o_ f INST. No: 27044', .. - • ..1� .. _ GASPER 0EIL and STANLEY O'GEIL • Q I ' LOT . 12 CONCES'• ION 1: . sc°'N . i 1 i� '' ..� ... N L I NE's.• 90° ` 0 P .. I • yY . ,.,. 0 .. I.:. _ • M r e. o = IBI GROUP 203-350 Oxford Street West I I London ON N6H 1T3 Canada tel 519 472 7328 fax 519 472 9354 ibigroup.com Memorandum To/Attention Municipality of Bayham Date May 8, 2017 From Paul Riley, CPT Project No 3404 -656 cc William Pol, IBI Group Subject Csinos -Application for Minor Variance to Zoning By-law#Z456-2003 Part Lot 12 Concession 1, 4675 Plank Road 1. We have completed our review of Minor Variance application A-04/17, submitted by Tony and Alice Csinos for lands located at 4675 Plank Road, abutting Glen Erie Line. The applicant is requesting a variance to Zoning By-law #Z456-2003 to accommodate the construction of an accessory building of 45 m2 (480 ft2) in a required yard. A variance is required to grant relief from the Zoning By-law regulations for Accessory Uses, Section 4.2 b) Front Yard Setback from 15 m(49 feet)to 6 m(20 feet); and, 4.2 c)to permit an accessory building in the front yard, for a property with 3.6 ha (9 acres). The subject lands are designated Agriculture and Natural Gas Reservoir on Schedule "Al" Land Use and are designated "Natural Hazard" lands on Schedule "A2" in the Official Plan. The lands are zoned Agriculture (Al) and LPRCA Regulation Limit and are located on Map No. 14 of the Zoning By-law. An accessory building is permitted in the Al Zone. 2. The subject lands have a lot frontage of 90 m (295 feet), lot depth of 175 m (574 feet) and are used for residential purposes. The property includes a single detached dwelling with municipal water and private septic services. The proposed accessory building is located approximately 6.0 m (20 feet)from the northerly property line, 26 m (85 feet)from the centre line of Plank Road and 50 m (164 feet) from the dwelling. Surrounding uses include residential to the east, Big Otter Creek to the west and south, and a cemetery and agriculture to the north. 3. Official Plan Section 6.1 Hazard Lands Designation sets out policies for hazard lands. Section 6.1.2 states that buildings or structures are only permitted in "Hazard Lands"with a permit or written permission from the Conservation Authority. Section 6.1.5 states that consultation with the Conservation Authority will identify the required setbacks from the margins of the hazard lands from existing and potential hazards. From an examination of recent aerial photography and the proposed location plan provided by the applicant the location of the accessory structure is acceptable subject to Conservation Authority approval. 4. Section 45.(1) of the Planning Act outlines 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: • Is the variance minor in nature? The front yard is along a low intensity, partially closed road right of way that is not planned to be reconstructed or expanded in the future. The undevelopable hazard lands, in proximity to the proposed garage location, limits the placement options for the structure in compliance with the zone regulations. All the other zoning by-law regulations are complied with and the proposed is considered minor in nature. IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies IBI GROUP MEMORANDUM 2 Municipality of Bayham—May 10,2017 • Is the variance desirable for the use of the lands? The proposed garage is: accessory to the residential use; designed, to be complementary to the existing dwelling; provides storage for the residential use; does not have a significant impact on surrounding uses; is therefore desirable use of the lands. • Does the variance maintain the general intent and purpose of the Zoning By-law? The requested accessory building is considered to be complementary to the residential use, the structure will be adequately setback from the front property line abutting Glen Erie Line and will not create a visual obstruction. The intent of the Zoning By-law is to ensure accessory buildings support the main use of the lot, therefore the variance would meet the intent and purpose of the Zoning By-law. • Does the variance maintain the general intent and purpose of the Official Plan? The"Hazard Lands"designation in the Official Plan applies to areas which are susceptible to erosion. The intent of hazard land policies is to avoid development on susceptible lands and the purpose of the proposed variance is to avoid the slope/bank on the property leading down to Big Otter Creek, therefore, the general intent and purpose of the Official Plan is maintained. 7. Based on our review we would have no objection to the requested minor variance to permit an Accessory Building in the front yard and not closer than 6.0 m to the property line subject to the following: i. The owner/applicant provide the Municipality a written permit or written permission from the Conservation Authority not opposing the location of the accessory garage on the lot and setback from the hazard lands along Big Otter Creek. IBI GROUP Paul Riley, CPT Consulting Planner to the Municipality of Bayham IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies III ,- \l/ V-04-464%/6*-1,3-4116 0 REPORT , ---,, .,„/„...., o,, l ' �.�y DEVELOPMENT SERVICES portunity Isco TO: Committee of Adjustment Members FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment DATE: May 18, 2017 REPORT: DS-21/17 FILE NO. C-07 / D12.Donnell Roll # 34-01-002-001-05100 SUBJECT: Committee of Adjustment - Minor Variance—A-05/17 Donnell BACKGROUND: C. Valerie Donnell has submitted a minor variance application for her vacant 1011.83 m2 (0.25 acre) property located in Lot 22 E/S Victoria Street, Plan 30 in the village of Port Burwell. The property is designated "Residential" on Schedule "D" Port Burwell Land Use and Constraints in the Official Plan and zoned Village Residential (R1) of the Zoning By-law Z456-2003. The purpose of the variance is to grant relief from the Zoning By-law Section 4.8.1.c) Prohibited Uses to permit a modular home on the lands with 1,011 m2 (0.2 acres) of land located on the east side of Victoria Street, south side of William Street in the village of Port Burwell known as 56 Victoria Street. The effect will be to allow the installation of a modular dwelling of 13 m (43 feet) by 11 m (36 feet) on the property, manufactured to comply with federal standards, where otherwise a modular dwelling would be prohibited. DISCUSSION: The Committee must be satisfied that the application meets the four "tests" of Planning Act Section 45.(1) for a minor variance to the zoning by-law. The planner's memorandum dated May 10, 2017 outlines the full analysis of the four"tests". Staff and planner concur the application meets the criteria for a minor variance and recommend approval. ATTACHMENTS 1. Application for Minor Variance A-05/17 Donnell 2. IBI Memorandum dated May 10, 2017 Staff Report DS-21/17 Donnell Page 2 RECOMMENDATION "THAT the Committee of Adjustment Secretary-Treasurer's report DS-21/17 regarding the Donnell minor variance be received; AND WHEREAS the Committee agrees that the proposed variance meets Section 45.1(1) of the Planning Act and this variance is considered minor; THEREFORE application A-05/17 submitted by C. Valerie Donnell, pursuant to Section 45 of the Planning Act for minor variance, is granted to allow relief from Municipality of Bayham Zoning By-law Z456-2003: • Section 4.8.1.c) Prohibited Uses — to permit the placement of a modular dwelling of 13 m (43 feet) by 11m (36 feet), manufactured to comply with federal standards, on the property known as 56 Victoria Street, where otherwise a modular dwelling would be prohibited. Condition: the owner/applicant shall construct a permanent foundation for the modular home. Respectfully Submitted by: Reviewed by: „y/ 7400( ' Margar-t Underhill P-ul : : lrY Secretary/Treasurer Committee of Adjustment CAO/Clerk AOoko. P1 3 �` 1011 File No. U — � /i -1 .11 ,,1 ° APPLICATION FOR Aportunity i.,0 MINOR VARIANCE Planning Act, R.S.O. 1990, O.Reg 200/96 as amended The undersigned hereby applies to the Committee of Adjustment for the MUNICIPALITY OF BAYHAM P.O. Box 160, 9344 Plank Rd. STRAFFORDVILLE, ON Telephone: 519 866-5521 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. Z456-2003 (as amended) Municipality of Bayham. • Application to be accompanied by the fee of$2000.00 in cash or cheque made payable to the Municipality of Bayham. 1. OWNER(S) a) Name C__GY\S-r V.SCE_ VAL-ER I � bola Q Lc- b) `b) Mailing Address c63-x. //y PORT 2we�.c, ON AA /TC) c) Telephone No. Home: 51q-S50 UUg& Work: scx e d) Fax No. vNI el �MCk�� c v ZC�o�zrze.. 5 rl 2. SOLICITOR/AUTHORIZED AGENT a) Name Jame..._S Mc.ccya(N b) Mailing Address 6Q5 i( Soc wC O1.3 KILI-C. 3T8" c) Telephone No. Home: Slq c0O�.6-- Work: d) Fax No. Send correspondence to: [Owner(s) Solicitor/Authorized Agent IFOR OFFICE USE ONLY 5e-/o/ 00 � 0 4057.0 0 Application No.: p - o.sin Date Received: r« 111 I Date of Meeting: Mtr/,N,-/-2 (,:30 ll File No.: -ba. ;1)0 N;�} I Fee Received: 40.00 O '' Committee Decision: 30e 11/03/2015 Minor Variance 2015 Municipality of Bayham Application for Minor Variance Page 2 3. Names and address of any mortgages, holders and charges or other encumbrances: Name Address lam. /A 4. Location of Land K011 3c/d/-0©? _op/_O 570O a) Lot and Plan or Concession No.: L04- ZZ E/S "it c_4,,c-t_cc S•r P icu4 30 b) Street/911 #&Name: cz-(z 43 kr 6;11'u.) 5. Nature and extent of relief applied for: G� _) - Lc&c 'f. Fs. ) �'«h.h 1 ucea T4,N_ c e c is re,r ues�tncj 0.m�n cc— vox Ct_o ce �'ct pe c m�1" cx m .-- cc he'r i t 1corry\t cxx�c_t �(y UU4a-7 7 kes ci 3��ri : p e�cl Vit) -1416,escr;rlOrt-eirtc_ki ➢.e t .` o_ocl rkS htSsOC A-T1oiJ NOTE: In the case of a Supplementary farm dwelling, a Development Agreement is required. 6. Why is it not possible to comply with the provisions of the By-law? -The ry c i I c,.D�.1I i v� `�c� bc..x.;kc ct sr c d\ 1 Ou s lrl PbI± eX; ck 7. Dimensions of the land affected: a) Frontage(m) a(:) { /7 m b) Depth (m) 30 t 7 9 yv- c) Area (sq.m/ha) /(__ // -J �� m . 8. 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 vat ql-� 'pk- c1 b) Proposed A9rfet//7v s9 t bun icxir1 UD s ck mCAU/ccr rvl _ k t,1') aS (1 C;(.4 1CJc resp- CC, s r 4103 9. Date of acquisition of subject land: QC+Ob'ec VA , ac 1C 11/03/2015 Minor Variance 2015 Municipality of Bayham Application for Minor Variance Page 3 10. Date of construction of all buildings and structures on subject lands: i1 Ia 11. Existing uses of the subject property: knr;tf c +cam ho-' \,_c4 ci sin l� �,�\y c es ickQsAc e 1 LC:JOS, c"1 -1-trne-1 c - 1h S ec. Clti4111t'entICv( 12. Length of time and existing uses to the subject property have continued: c,c-c c` \ ?c" 13. Existing uses of abutting properties: a) North Scle- -C\c r\'"\\I On SAk \l S b) East S rl �� ivY,;)* c) South \ Q c31A--14-- - 16+ d) West q( )\ SAN C* V‘C_l'cx c:.Sr 14. Services available(check appropriate space(s)) a) Method of Water Supply(if applicable) Public Water Supply System ISr. Private Individual Well 0 Private Communal Well 0 Other(please specify) b) Method of Sanitary Waste Disposal (if applicable) Private Septic Tank and Private Communal System 0 Tile Field System 0 Public Sanitary Sewer System E2 Other(please specify) 15. Present Official Plan designation: \akesul 4-k a 16. Present Zoning Bylaw classification: R 17. Has the owner previously applied for a minor variance in respect to the subject property? a) Yes 0 No If Yes, describe briefly: 18. Is the subject property the subject of a current application of consent/severance? Yes 0 No 11/03/2015 Minor Variance 2015 STATUTORY DECLARATION \ , INVe, am;�S'T)1)11,JCF- VHL Rig DoAM)F ( of the Name of Applicant(s) nn 'Mtn iG, P4L'TV of YH,4r-1 in the auArrY (City, Municipality, Town, Township) (County/District/Region) SOLEMNLY DECLARE / AFFIRM THAT to the best of my/our knowledge and belief, all of the information, exhibits and statements provided in this application as required under Section 45 of the Planning Act R.S.O. 1990 and Ontario Regulation 200/96 as amended are true; THAT I/We shall assume responsibility for any additional costs exceeding the deposited amount related to the said application and understand and agree that payment of said additional costs shall be a condition of this signed application. I/We also agree to accept all costs as rendered; 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 and by virtue of the "Canada Evidence Act". DECLARED before me at the WuNIC( ,Ii-,rY OF 80H911--) ) (City, Municipality,Town,Township ) Signature of Applicant or Authorized Agent* in the au,,TY OF Sz c,r,t) ) *411l/M-F (County/District/Region) ) Sig ure of Applicant this /7 day of APR I , 20 /7 ) Signature of Applicant ) Adet / ) A C•mmissioner, etc. ) MARGARET UNDERHILL,a Commissioners etc. * If authorized agent, a letter of authorization from Deputy Clerk of the Corporation of the the owner of the property must accompany this Municipality of Bayhaa. application. 11/03/2015 Minor Variance 2015 IN)ti,-1oR J R ,IN, scs= APPL\C A-Tkc?J C-oR 5(, \I,c_'*or,,,c 5+ f/ L'RS -nCe vAdL 'I ndNnJELL TU Pct-c r-r A m.00 to L R )k (DA L0 Ni0 k'n-Ne 'cosy'," 1\i -‘0\'N(A-e-- ----1> �f 1 C__iC-)PO.Pi ST P„ T alliiiit 0Cj.1,2 n 3 ____T IP '1' — � - 4 LP PRUPGSEt/, 33it 70 r Gt to c,4 LO c.✓ mo:7u1-aR I;brnE Z7 r fLay GUILcJcRESr 3) ., 4. 3 > fi V' ,. N F A? 3 H i P Ui ei 3 Svn cIz -Y-0-,i-Y-1� 1y C 1-AU on e_ ratford ST403 Bungalow -his charming country horse features a distinctive front elevator that se's off the large,wrap-around porch- perfect for those warm summer evenings. Ir side you'.,appreciate t''tree bedrooms and a spacious cos ivy , 1-+ -I FT-1- kitc°rerr. Witty tie larger plan you'll also enjoy a full ensure bathroom ard a corvenient central island ir.the + i kitchen. A wide range of optors irc=3d fry a front gable,a cay window aro a wood or gas f eplace are also I avaaole,whichever plan you choose. ®Ask a G4,esron C Add to Comparison 7 Custom Design Request a Quote THE MODULAR ADVANTAGE The Stratford from Guildcrest Homes Barrie is b.iilt in-factory, sneitered from the elerrerts, under scrupulous quality control supervision. Cham.ng Three Sec room Bungalow witt Wrap kc:.rd Cover_:Porch 0 Availa'e Now l+,3 bedrooms aw.rt:Atwr 0 Suitt on-cemand v3 1 bathroom 'STERlaiaP OM w' n .--.. 1 0 ',GOO sq.ft. flitlyth ..P saELwiXW s3 3'o10'9- .Yy r Stratford ST403, 1r000 sq. 't. I . (illustrated) l=" 11 IBI GROUP 203-350 Oxford Street West N N6H London tel 519 4072 328 1 fax 519 472 9354 1 __ ���--_+++_ ] ibigroup.com Memorandum To/Attention Municipality of Bayham Date May 10, 2017 From Paul Riley, CPT Project No 3404 -657 cc William Pol, IBI Group Subject Donnell -Application for Minor Variance to Zoning By-law#Z456-2003 Lot 22 E/S Victoria Street, Plan 30, 56 Victoria Street, Port Burwell 1. We have completed our review of Minor Variance application A-05/17, submitted by Constance Valerie Donnell for lands located at 56 Victoria Street, Port Burwell. The applicant is requesting a variance to Zoning By-law#Z456-2003 to permit the construction of a Modular Home with a floor area of 109 m2 (1,170 ft2). A variance is required to grant relief from the Zoning By-law regulation, Section 4.8.1. Prohibited Uses c) which prohibits a modular home. The subject lands are designated "Residential" on Schedule "D" Port Burwell: Land Use and Constraints in the Official Plan. The lands are zoned Village Residential (R1) and are located on Schedule "I" Port Burwell of the Zoning By-law. A residential use is permitted in the R1 Zone. 2. The subject lands have a lot frontage of 20 m (66 feet), lot depth of 50 m (164 feet) and include a shed to the rear of the property. The lot area for the subject lands is 1,011 m2(.2 acres). It is adequately serviced with public water and sewer and the Official Plan policies promote residential intensification on lands with existing services. The proposed dwelling can be accommodated on the lands in accordance with the required setbacks in the Zoning By-law regulations. All surrounding uses are residential. 3. Section 45.(1) of the Planning Act outlines 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: • Is the variance minor in nature? The variance is to permit a modular home in the R1 Zone where the general provisions prohibit modular homes. The Municipality promotes residential intensification, however, the applicant has indicated that it is difficult to find a builder willing to build a small house in the area. The parcel is of adequate size to meet the other zoning by-law regulations and so is considered minor in nature. • Is the variance desirable for the use of the lands? The variance is desirable for the lands insomuch as residential intensification in Villages, on lots with existing water and sewer services, is promoted by the Municipality. However, to make sure that the home remains as a long-term viable dwelling and that it fits in with the surrounding permanent residences a requirement to construct a permanent foundation on the lands shall be recommended. IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies IBI GROUP MEMORANDUM 2 Municipality of Bayham—May 10,2017 • Does the variance maintain the general intent and purpose of the Zoning By-law? The intent of the Zoning By-law is to encourage the development of permanent residential buildings to support the long-term viability of the Village. The recommendation to require a permanent foundation for the home, as mentioned above, will maintain the intent and purpose of the Zoning By-law. • Does the variance maintain the general intent and purpose of the Official Plan? Official Plan policies promote the infilling on vacant or underutilized lots with existing water and sewer services in Villages. The variance to allow development on the lot in Port Burwell maintains the general intent and purpose of the Official Plan. 7. Based on our review we have no objection to the requested minor variance to permit a Modular Home on the lands subject to the following: i. That the owner/applicant shall construct a permanent foundation for the modular home. IBI GROUP Paul Riley, CPT Consulting Planner to the Municipality of Bayham IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies