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HomeMy WebLinkAboutJune 15, 2017 - Planning - Committee of Adjustment COMMITTEE OF ADJUSTMENT AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, June 15, 2017 6:30 p.m. 1. CALL TO ORDER 2. APPOINTMENT OF CHAIRMAN 3. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 4. APPLICATIONS A. Minor Variance Application A06/17 Simon Wagler Homes Inc. Request to grant relief from the Zoning By-law regulations for yard setbacks, Section 10.9.3 exterior side yard setback from 4.5 m (14.7 feet) to 4.3 m (14.3 feet); on a property with 901 m2 (9,700 ft2) of land area located on the east side of Sandytown Road, north of Heritage Line in the village of Straffordville known as 8314 Sandytown Road which will allow an existing dwelling to remain in a required side yard setback. 5. STAFF PRESENTATION A. Report DS-32/17 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment re Committee of Adjustment— Minor Variance —A06/17 Simon Wagler Homes Inc. 6. PRESENTATIONS BY APPLICANT/AGENT 7. PUBLIC SUBMISSIONS 8. COMMITTEE QUESTIONS AND DISCUSSION 9. DECISION OF COMMITTEE (Motions) 10. ADJOURNMENT YHA NOTICE OF A PUBLIC MEETING ,�I� ''`i�;, CONCERNING A PROPOSED , MINOR VARIANCE O 4 ty IN THE MUNICIPALITY OF BAYHAM Portunity Is�L°4 APPLICANT: SIMON WAGLER HOMES INC. TAKE NOTICE that the Municipality of Bayham has received a complete application for a Minor Variance (Application A-06/17). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, June 15, 2017 at 6:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line 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 yard setbacks, Section 10.9.3 exterior side yard setback from 4.5 m (14.7 feet)to 4.3 m (14.3 feet); on a property with 901 m2 (9,700 ft2) of land area located on the east side of Sandytown Road, north of Heritage Line in the village of Straffordville known as 8314 Sandytown Road. THE EFFECT will be to allow an existing dwelling to remain in a required side yard setback. 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 2"d day of June 2017. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, NOJ 1Y0 RIM T: 519-866-5521 Ext. 222 F: 519-866-3884 I.0 1 1.; L()f'I2+ E: munderhill ar7bayham.on.ca W: www.bayham.on.ca 11111 •Fal 11111 SUBJECT LANDS a 111 Is()1 123 111 f �lLW 124 1111milin II Village of Straffordville itpAYH.44? limow40,.. = REPORT 0 .„ 0 ,7 , T, „_ -, j., . DEVELOPMENT SERVICES portunity Is�� TO: Committee of Adjustment Members FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment DATE: June 15, 2017 REPORT: DS-32/17 FILE NO. C-07 / D12.Simon Wagler Roll # 34-01-000-004-09515 SUBJECT: Committee of Adjustment - Minor Variance—A-06117 Simon Wagler Homes Inc. BACKGROUND: Simon Wagler Homes Inc. has submitted a minor variance application for 901 m2 (0.22 acre) property located in Part Lots 2, 3, 4 Block 'C' Plan 205 in the village of Straffordville. The property is designated "Residential" on Schedule "B" Straffordville 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 regulations for yard setbacks, Section 10.9.3 exterior side yard setback from 4.5 m (14.7 feet)to 4.3 m (14.3 feet); on a property with 901 m2 (9,700 ft2) of land area located on the east side of Sandytown Road, north of Heritage Line in the village of Straffordville known as 8314 Sandytown Road. The effect will be to allow an existing dwelling to remain in a required side yard setback. DISCUSSION: The newly constructed house is deficient on the exterior side yard setback and requires a minor variance to recognize the reduced setback of 4.37 metres where 4.5 metres is required in the R1 Zone regulations. 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 29, 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-06/17 Simon Wagler Homes Inc. Staff Report DS-32/17 Simon Wagler Homes Inc. Page 2 2. IBI Memorandum dated May 29, 2017 RECOMMENDATION "THAT the Committee of Adjustment Secretary-Treasurer's report DS-32/17 regarding the Simon Wagler Homes Inc. 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-06/17 submitted by Simon Wagler Homes Inc., 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 10.9 — Minimum Side Yard Width, subsection 10.9.3 —to permit a 4.37 metre setback on the exterior side yard where 4.5 metres is required. Respectfully Submitted by: Reviewed by: Margarr- Underhill S i.,vay Secretary/Treasurer Committee of Adjustment /CAO/ erk .071( File No. A- 0 to /17 oar �° { APPLICATION FOR f� t v AA� unity IS�oo MINOR VARIANCE MAY 2 6 2017 Planning Act, R.S.O. 1990, O. Reg 200/96 as amended MUNICIPALITY HA mw The undersigned hereby applies to the Committee of Adjustment for the MUNICIPALITY OF BAYHAM 56169 Heritage Line P.O. Box 160 STRAFFORDVILLE, ON NOJ 1Y0 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) II,^, ,, a) Name S V 0Ak V �C� �'d� oyyta� b) Mailing Address ") 9, &( t-` p14- 0 J v;'5 H d 3 . c) Telephone No. Home: Work: 5)q (a 3cj y I la i 'Jacob d) Email Address Fax No. 2. SOLICITOR/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 Application No.: /. p 67 ('7 File No /a 31 Date/Time of Meeting: J'IN /.1--/7 !77-r/ Date Received:/nay Ate/ i Fee Received: do°0 670 Paid By:5;7/15n 6 94r Ones /ic Deemed Complete: I, 4/ Receipt#: j. 6-d 5 Committee Decision: 20/03/2017 Minor Variance 2016 Municipality of Bayham Application for Minor Variance Page 2 3. Names and address of any mortgages, holders and charges or other encumbrances: Name .�t Address \AO 4. Location of Land \oC-� a) Lot and Plan or Concession#: R( -cp(. LOs, Z 3 y ?Le-3 2-65- b) OSb) Street/911 #& Name:g.3I(1 � -- � -� R p j c) Roll# 34-01- 000-004-Q q /C VAT 9 j \ (Dd3 3 5. Nature and extent of relief applied for: Si"C4i0V\ 1 Q • 9 • 3 2.iV5 c yAab IF-0.)-((26,0=( 4 . 37 VE4t(v_z.--1 . 0. l3fr-Lc ,--iL DP G( �r- 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? 5Aty ( Lc-Tr- 7. Dimensions of the entire subject land affected: a) Frontage(m) b) Depth (m) dc). c) Area (sq.m/ha) CCO( - 3 567,E 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, heigh`., etc.) a) Existing J'1f crit/ COn 3fruC CI� b) Proposed trr51,ei'1 /la/. 20/03/2017 Minor Variance 2016 Municipality of Bayham Application for Minor Variance Page 3 9. Date of purchase of subject land: ?€ 10. Date of construction of all buildings and structures on subject lands: 2j( 11. Existing uses of the subject property: ��J yc-\cc j 1 fA 12. Length of time and existing uses to the subject property have continued: Zrytos 13. Existing uses of abutting properties: a) North b) East \ ( c) South � � r 1)DC( I �/�, I VC (/ d) West — e' / 14. Services available (check appropriate space(s)) a) Method of Water Supply(if applicable) Public Water Supply System 0 Private Individual Well 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 /1 ❑ Other (please specify) 15. Present Official Plan designation: 16. Present Zoning Bylaw classification: qfsijeaf-ied 17. Has the owner previously applied for a minor variance in respect to the subject property? Yes 0 No If Yes, describe briefly: 18. Is the property the subject f a current application of consent/severance? Yes 0 No 20/03/2017 Minor Variance 2016 STATUTORY DECLARATION/ I/We, 5270),/77411 �,�a,9/7 " of the Name f Applicant(s) / 401 ;� r1 d a Cs in the ria4dry_/. e(City, Munic pality, Town T9wnship) (Coustrict/Reg'i) SOLEMNLY DECLARE AFFIRM THAT o 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/We make this seletivikBeeitaatiern 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 Acr. -1366‘ARED before me at the: /4//27. a1/.)y U' %707) S (CityMunicipaly,Town,Townshi ) Signature of Applicant or uthorized Agent* in the arl,,,96.1g zy , ) (County/ istrict/Region) ) Signature of Applicant 'j ) this6 y /r' of 2/ , 20/ 7 ) pp Signature of Applicant 9 ) A Commissioner, etc. ) MARGARET UNDERHILL,a Commlealonati ita *If authorized agent, a letter of authorization from Deputy Clerk of the Corporation of the the owner of the property must accompany this Moulds/Ay of>t`ylzaaa. application. 20/03/2017 Minor Variance 2016 _ ..In. .IvJILV JVINYLIIIYV L1V. 0 L) _�___ 1 3 REPORT SUMMARY(TO BE READ IN CONJUNCTION WITH PLAN OF SURVEY; % �� __=__ REGISTERED EASEMENTS AND/OR RIGHTS-OF-WAY: NONE REGISTERED ON TITLE _- COMPLIANCE WITH MUNICIPAL OFFICIAL PLANS AND T IB ZONING BY-LAWS: NOT CERTIFIED BY THIS REPORT 11 NT 1 I �1 (1582) ADDITIONAL REMARKS: PROPERTY DESCRIPTION: PART OF LOTS 2, 3, & 4; BLOCK C REGISTERED PLAN 205 DESIGNATED AS PART 4, 11R-10033 o PAR r h h n11 tV y MUNICIPALITY OF BAYHAM, COUNTY OF ELGIN til0 L 1JRj 71), --• N I SUBJECT PROPERTY AREA = 901.3 SQUARE METRES - Q - G �' T AREA OF SUBJECT PROPERTY COVERED BY CONCRETE FOUNDATION, GARAGE AND PORCI P.I.N. y 10033o a h h = 214.7 SQUARE METRES Lt, I 1 J��,rl1 II 35345 - N y Q COVERAGE= 23.87. J C r I 0208 b a THIS SURVEYOR'S REAL PROPERTY REPORT HAS BEEN PREPARED FOf cs Lt1 r�r r JS f r r 1 CO SIMON WAGLER g LLl IB L O-f- I 1 r r P v I AND THE UNDERSIGNED ACCEPTS NO RESPONSIBILITY % f I O r FLAN o J J I FOR USE BY OTHERS - . (1582) 3 N • L j N 83'S2'so"w SURVEYOR'S CERTIFICATE 1, n L1 1 I J f' N I CERTIFY THAT 0 1.45 46.003 (M) 146.057(p1 (1) - THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH LLl 1217 1.43 ) THE SURVEYS ACT, THE SURVEYORS ACT AND THE LAND TITLES ACT AND THE E11:VAn.N Z 113 I REGULATIONS MADE UNDER THEM L) '8 TOP OF 1.24 ( ) I FOUNDATION 1.16 j (2) - THIS SURVEY WAS COMPLETED ON THE 15TH DAY OF MAY, 2017 - -229.37 I 11.90 FRAM2.01 0 Z n 14.55 SHED 3 MIM a o I n -- -MAY 1$2417--- 0 N I 1.95 DATE KIM S. HUSTED l w-, 12.24 CONCR[1E FOUNDAnON '' N 7 Z ONTARIO LAND SURVEYOR U UNDER CONSTRUCnON <1: Q o , S w I -_l E' THIS REPORT CAN BE UPDATED BY KIM HUSTED SURVEYING LTD. NO3 5 y L I 'Ni I HOWEVER NO ADDITIONAL PRINTS OF THIS ORIGINAL 1 �u N ill. C1 a REPORT WILL BE ISSUED SUBSEQUENT TO THE DATE • , bW k 2 ..34 o OF CER11RCATION I o 0 Z 1 ' o o NOTES �L. I i1( ? N = (1) - BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE EASTERN LIMIT OF 1 4.37 a I SANDYTOWN ROAD HAVING A BEARING OF N 00'18' 20" E AS SHOWN ON 475 I DEPOSITED PLAN 11R-10033 i.--< 1 (2) - ELEVATIONS ARE REFERRED TO CANADIAN GEODETIC DATUM SIB N 83'53'00" w ,; (1582) LEGEND 44.020(P1 q�M) • DENOTES SURVEY MONUMENT FOUND �1 ❑ DENOTES SURVEY MONUMENT SET > , SIB DENOTES STANDARD IRON BAR IRIS IS NOT IB DENOTES IRON BAR AN ORIGINAL COPY IB RIB DENOTES ROUND IRON BAR UNLESS F DOJ\IN E I \/ (1582) WIT) DENOTES WITNESS EMBOSSED W7114 1 r r r P1) DENOTES DEPOSITED PLAN 11R-10033 \\ SEAL'" �, (�• Jr�1�./r �r Jr�J�,JV r�� \f JJ7 r� J 7582) DENOTES KIM HUSTED SURVEYING LTD. `�' \ ASSOCIATION OF ONTARIO M) DENOTES MEASURED P.I.N.P35345 — JJ\ S 1 F? E�r� LAND SURVEYORS (5) DENOTES SET 1 • - P.I.N. DENOTES PROPERTY IDENTIFICATION NUMBER n0210 PLAN SUBMISSION FORM L'' (nom (1\1J J r 2 0 1 4 8 1 6 © COPYRIGHT 2017 KIM RUSTED SURVEYING LTD. \ 1 f'�r�V I D) AIN WHOLE RT WITHOUT THE WRITTEN TI ERM SSIONTHE REPRODUCTION, ALTERAON, OREOFFS KIM I HUSTED T SURVEYING OR IN LTD. IS STRICTLY PROHIBITED - � KIM HUSTED SURVEYING LTD. , 0 5 10 15 METRES 1195 PLAN IS NOT VAUD ONTARIO LAND SURVEYOR _ SCALE — 1: 250 UNLESS IIT TINAS AN OCOPY ISSUEMBOSSED 30 HARVEY STREET, 11LLSONBURG, ONTARIO, N4G 3J8 ED BY THE SURVEYOR PHONE: 519-842-3638 FAX: 519-842-3639 N METRIC DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND CANRa tr,0*1926.s m n(» DISK No. BE CONVERTED TO FEET BY DIVIDING BY 0.3048 PROJECT:16-12693 REFERENCE:FF6 644 IBI GROUP I B203-350 Oxford Street West 1 London ON N6H 1T3 Canada tel 519 472 7328 fax 519 472 9354 I 1 ibigroup.com Memorandum To/Attention Municipality of Bayham Date May 29, 2017 From Paul Riley, CPT Project No 3404 -658 cc William Pol, IBI Group Subject Simon Wagler Homes-Application for Minor Variance to Zoning By-law #Z456-2003 Part Lots 2, 3, 4 Block C, Plan 205, 8314 Sandytown Road, Straffordville 1. We have completed our review of Minor Variance application A-06/17, submitted by Simon Wagler Homes for lands located at 8314 Sandytown Road, Straffordville. The applicant is requesting a variance to Zoning By-law#Z456-2003 in order to grant relief from Zoning By- law regulation Section 10.9.3 which requires an exterior side yard of 4.5 m where 4.3 m exists. The subject lands are designated "Residential" on Schedule "B" Staffordville: Land Use and Constraints in the Official Plan. The lands are zoned Village Residential (R1) and are located on Schedule "F" Straffordville 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 46 m (150 feet) and a lot area of 901 m2. The newly severed lot is located on former agricultural lands within the village of Straffordville and is adequately serviced with a private well and public sewer. The development is in accordance with Official Plan policies as residential growth is promoted within the settlement area of Straffordville. Surrounding uses are residential to the south and west and agricultural to the north and east. 3. Section 45.(1) of the Planning Act outlines the four "tests" with which the Committee of Adjustment must be satisfied, 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 dwelling on the subject lands is currently being constructed and the foundation was unintentionally constructed within a required yard. The variance is to permit the building to be setback 4.3 m from the southerly property line where 4.5 m is permitted. All the other zoning regulations are complied with and therefore a reduction of 0.13 m is considered to be minor in nature. • Is the variance desirable for the use of the lands? The location of the requested relief is on the exterior side yard and not on the side of the lot where, in future, there will be abutting dwellings with potential to create a land use conflict. Also, allowing the foundation to remain in its present location is desirable in order to avoid costly and extensive reconstruction, impacting the applicant but also impacting surrounding neighbours with additional construction impacts such as noise and dust. • Does the variance maintain the general intent and purpose of the Zoning By-law? IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies IBI GROUP MEMORANDUM 2 Municipality of Bayham—May 29,2017 Among other reasons, exterior side yards are intended to provide adequate distance between the building and the roadway to provide for adequate lines of sight for traffic at the intersection.A variance for 0.13 m does not significantly hinder any future lines of sight at this location and therefore maintains 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 residential growth in settlement areas and so the proposed variance 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 4.37 m setback on the exterior side yard where 4.5 m is permitted. 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