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HomeMy WebLinkAboutMay 18, 2017 - Planning - Committee of Adjustment COMMITTEE OF ADJUSTMENT MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, May 18, 2017 6:30 p.m. COMMITTEE MEMBERS PRESENT: PAUL ENS TOM SOUTHWICK RANDY BREYER WAYNE CASIER ED KETCHABAW STAFF PRESENT: CAO PAUL SHIPWAY SECRETARY/TREASURER MARGARET UNDERHILL ATTENDEES APPLICATION A: Tony Csinos ATTENDEES APPLICATION B: None 1. CALLTO ORDER The Secretary-Treasurer called the meeting to order at 6:30 p.m. and asked for those in attendance for this meeting to sign in at the podium. 2. APPOINTMENT OF CHAIRMAN Moved by: W. Casier Seconded by: E. Ketchabaw THAT Paul Ens be appointed Chairman of the Committee of Adjustment for consideration of Minor Variance application A-04/17 submitted by Alice and Tony Csinos and Minor Variance Application A-05/17 submitted by C. Valerie Donnell. 3. DISCLOSURES OF PECUNIARY INTEREST &THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 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 2017 Council Minutes May 18, 2017 B. Minor Variance Application A-05/17 Donnell Request 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 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 Secretary/Treasurer M. Underhill presented Report DS-20/17 and advised no public submissions were received. B. Report DS-21/17 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment re Committee of Adjustment— Minor Variance —A05/17 Donnell Secretary/Treasurer M. Underhill presented Report DS-21/17 and advised no public submissions were received. 6. PRESENTATIONS BY APPLICANT/AGENT A. Tony Csinos advised LPRCA requires the building to be 18' from the top of the bank. B. None. 7. PUBLIC SUBMISSIONS A. None. B. None. 8. COMMITTEE QUESTIONS AND DISCUSSION A. None. B. E. Ketchabaw asked if the foundation application would have been submitted first if a minor variance still have been required. The Secretary/Treasurer confirmed that a minor variance would have still been required as modular homes are prohibited in the Zoning By-Law. 2017 Council Minutes May 18, 2017 W. Casier inquired if modular homes are required to meet all building code requirements. The Secretary/Treasurer confirmed that modular homes must meet building code and federal standards for construction. E. Ketchabaw inquired if the Municipality should look at changes to permit modular homes. The Secretary/Treasurer responded that revising policies permitting modular homes could be a future consideration during the Zoning By-Law review. 9. DECISION OF COMMITTEE (Motions) A. Moved by: E. Ketchabaw Seconded by: W. Casier 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. CARRIED B. Moved by: T. Southwick Seconded by: R. Breyer 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; 2017 Council Minutes May 18, 2017 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 11 m (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. CARRIED 10. ADJOURNMENT Moved by: T. Southwick Seconded by: R. Breyer THAT the Committee of Adjustment hearing for consideration of Minor Variance Applications A-04/17 and A-05/17 be adjourned at 6:45 p.m. AND THAT in accordance with the regulations of the planning Act, Notices of Decision be circulated by the Secretary-Treasurer accordingly. CARRIED DATE: /7/ray- r//,7 /IF ete/X Secr ary-Treasurer Ch rman