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HomeMy WebLinkAboutOctober 19, 2017 - Planning - Committee of Adjustment COMMITTEE OF ADJUSTMENT AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, October 19, 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 A-09/17 Dewachter, R & K Request to grant relief from the Zoning By-law regulations for accessory building floor area, Section 9.7 maximum floor area for an accessory building of 75 m2 (807 ft2) to 140 m (1,500 ft2); on a property with 2,650 m2 (0.6 acres) of land area located in Concession 9 Part Lot 21 on the north side of Eden Line, west of Plank Road in the Hamlet of Eden known as 56862 Eden Line. 5. STAFF PRESENTATION A. Report DS-62/17 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment re Minor Variance —A-09/17 Dewachter, R & K, 56862 Eden Line 6. PRESENTATIONS BY APPLICANT/AGENT 7. PUBLIC SUBMISSIONS 8. COMMITTEE QUESTIONS AND DISCUSSION 9. DECISION OF COMMITTEE (Motions) 10. ADJOURNMENT i,AYH NOTICE OF A PUBLIC MEETING , ice CONCERNING A PROPOSED ' �, MINOR VARIANCE o4'( a �y IN THE MUNICIPALITY OF BAYHAM PpOrtunity Isco** APPLICANT: DEWACHTER, R & K 56892 Eden Line, Eden TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday October 19, 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 building floor area, Section 9.7 maximum floor area for an accessory building of 75 m2 (807 ft2) to 140 m (1,500 ft2); on a property with 2,650 m2 (0.6 acres) of land area located in Concession 9 Part Lot 21 on the north side of Eden Line, west of Plank Road in the Hamlet of Eden known as 56892 Eden Line. THE EFFECT will be to allow for an oversized garage of 115 m2 (1,248 ft2); for personal storage of antique vehicles, yard maintenance equipment and storage; and a 25 m2 (300 ft2) pool cabana structure, a third of which enclosed and the remainder as a roof structure; accessory to the single-detached dwelling to be developed on the currently vacant property. 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 6th day of October 2017. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill tDeputy 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 W: www.bayham.on.ca Eden Line 11111m..... SUBJECT LANDS _r 1.0I"°1 4 Lt9f .2 1 Hamlet of Eden 4110 1.1"41 t'N REPORT oT y DEVELOPMENT SERVICES �p`irtun ty Is•�o� TO: Committee of Adjustment Members FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment DATE: October 19, 2017 REPORT: DS-62/17 FILE NO. C-07/ D12.DEWA Roll # 34-01-000-006-11260 SUBJECT: Committee of Adjustment Minor Variance—A-09/17 Dewachter, R & K, 56862 Eden Line BACKGROUND: Rene and Krista Dewachter have submitted a minor variance application for 2,650 m2 (0.6 acre) property located in the hamlet of Eden. The property is designated "Hamlet" on Schedule "Al" Municipality of Bayham: Land Use and Constraints in the Official Plan and zoned Hamlet Residential (HR) on Schedule "D" Eden of the Zoning By-law Z456-2003. The purpose of the variance is to grant relief from the Zoning By-law regulations for accessory building floor area, Section 9.7 maximum floor area for an accessory building of 75 m2 (807 ft2) to 140 m (1,500 ft2); on a property with 2,650 m2 (0.6 acres) of land area located in Concession 9 Part Lot 21 on the north side of Eden Line, west of Plank Road in the Hamlet of Eden known as 56862 Eden Line. The effect will be to allow for an oversized garage of 115 m2 (1,248 ft2); for personal storage of antique vehicles, yard maintenance equipment and storage; and a 25 m2 (300 ft2) pool cabana structure, a third of which enclosed and the remainder as a roof structure; accessory to the single- detached dwelling to be developed on the currently vacant property. DISCUSSION: The Committee of Adjustment 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 October 11, 2017 outlines the full analysis of the four"tests". Staff and planner concur the application meets the criteria for minor variance and recommend the granting of the variance. ATTACHMENTS 1. Application for Minor Variance A-09/17 Dewachter Staff Report DS-62/17 Dewachter Page 2 2. IBI Memorandum dated October 11, 2017 RECOMMENDATION "THAT the Committee of Adjustment Secretary-Treasurer's report DS-62/17 regarding the Dewachter minor variance be received; AND WHEREAS the Committee agrees that the proposed variance as presented meet Section 45.1(1) of the Planning Act and is considered minor; THEREFORE application A-09/17 submitted by Rene and Krista Dewachter, 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 9.7 Maximum Floor Area for an Accessory Building —to permit the construction of an oversized garage of 115 m2 (1,248 ft2)for personal storage and a poolside cabana structure of 25 m2 (300 ft2) comprising of a storage enclosure and a roof for shade for a maximum combined floor area for accessory buildings of 140 m2 (1500 ft2) where 75 m2 (807 ft2) is permitted in the Hamlet Residential (HR) Zone Respectfully Submitted by: Reviewed by: Margar-t Underhill P.�: r. 401111P- SecretarylTreasurer Committee of Adjustment '7AOICI- =".".'"1 IBI GROUP 203-350 Oxford Street West IB I London ON N6H 1T3 Canada tel 519 472 7328 fax 519 472 9354 1 I ibigroup.com Memorandum To/Attention Municipality of Bayham Date October 11, 2017 From Paul Riley, CPT Project No 3404 - 674 cc William Pol, IBI Group File Subject Rene and Krista Dewachter- 56862 Eden Line -Application for Consent A09/17- Pt. Lot 21, Concession 9, Part 5, Municipality of Bayham 1. We have completed our review of the consent application submitted by René and Krista Dewachter for lands located at 56862 Eden Line, north side and west of Plank Road, hamlet of Eden. The applicant is requesting a variance to Zoning By- law #Z456-2003 in order to grant relief from Zoning By-law regulation Section 9.7 Maximum Floor Area for an Accessory Building of 140 m2 (1,500 ft2) where 75 m2 (807 ft2) is the permitted maximum. The effect of the variance will be to allow for an oversized garage of 115 m2 (1,248 ft2) for personal storage of two antique vehicles and a personal vehicle, yard maintenance equipment and storage accessory to the single-detached dwelling. Also proposed is a cabana structure of 25 m2 (300 ft2) comprising of a storage enclosure with the majority of the structure being a roof for shade purposes adjacent to the pool. The subject lands are designated "Hamlet" on Schedule "Al" Municipality of Bayham: Land Use in the Official Plan. The lands are zoned Hamlet Residential (HR) and are located on Schedule "D" Eden of the Zoning By-law. 2. The subject lands have a lot frontage of 35.6 m (116 feet), lot depth of 76.9 m (252 feet) and a lot area of 2,650 m2 (0.6 acres). The newly severed lot is located on former agricultural lands within the hamlet of Eden and require private sewer and water services. The Municipal sewer service ends east of the subject lands. The lot appears to be flat with no constraints to the construction of the buildings. The proposed single-detached house and detached garage accessory building is not likely to have an impact on any of the abutting land uses. Surrounding uses are residential along the Eden Line corridor to the south, east and west with agricultural use to the north. 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 requested increase in accessory building floor area is considered minor in nature based on the lot having adequate size to accommodate the proposed structures without creating a land use conflict with the IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies IBI GROUP MEMORANDUM 2 Municipality of Bayham—October 11,2017 surrounding uses. The larger garage is needed to house the applicant's antique vehicles and the cabana structure improves the pool experience by providing storage and shade to the residents. • Is the variance desirable for the use of the lands? The location and size of the lot is considered adequate to accommodate the large garage without creating a land use conflict, along with adding value to the property. The lands to the north will continue for agricultural purposes for the foreseeable future and there is a 12 m (40 feet) access between the subject lands and the existing residential lot to the east. The garage is located to the rear of the property, removed from public view as encouraged in the general provisions of the Zoning By-law for accessory buildings. The cabana structure adds visual amenity and screening and the intent of the structure is for a roof providing shade. The increase in accessory building floor area to 140 m2 where 75 m2 is the maximum for the proposed garage and cabana structure is a desirable improvement to the property. • Does the variance maintain the general intent and purpose of the Zoning By-law? The variance maintains the intent of the Zoning By-law by allowing buildings accessory to residential uses. The proposed buildings comply with the lot coverage, rear setback and side setback regulations for the lands and the intent of the by-law is maintained. • Does the variance maintain the general intent and purpose of the Official Plan? The general intent of the "Hamlet" land use designation is to encourage residential development in existing settlement areas. The subject lands are located in the hamlet of Eden and maintain the intent and purpose of the Official Plan. 7. Based on our review we have no objection to the requested minor variance to permit an oversized garage of 115 m2 (1,248 ft2)for personal storage and a cabana structure of 25 m2 (300 ft2) comprising of a storage enclosure and a roof for shade purposes adjacent to the pool. ?Cx w( 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 7 �( File No. A- (J / /1 IOrzs z, f APPLICATION FOR RECEIVED ty MINOR VARIANCE OCT o 2 2017 Planning Act, R.S.O. 1990, O. Reg 200/96 as amended °'!JNICIPALITY BAYHAM The undersigned hereby applies to the Committee of Adjustment for the MUNICIPALITY OF BAYHAM 56169 Heritage Line P.O. Box 160 STRAFFORDVILLE, ON N0J 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$2000.00 in cash or cheque made payable to the Municipality of Bayham. 1. OWNER(S) j� /� / a) Name gene'i SCJ ecua ett err' itc Ce fc.,a'Cf1'4,-- / b) Mailing Address lfz u ll Wave � 6r. Ti/CJanbvj A / 045—- ©14 aC fS` dill w;f�Poc� o E '� c) Telephone No. Home:S/cjkia7g7(,/c19S5-O �? ork: d) Email Address krrl ewacMer l @ CO on Fax No. 2. SOLICITOR/AUTHORIZED AGENT a) Name b) Mailing Address c) Telephone No. Home: Work: d) Fax No. Send correspondence to: X Owner(s) Solicitor/Authorized Agent FOR OFFICE USE ONLY 30,10000062 7/?(�o Application No.:T/9 , `,761/14 File No: A_of//7 Date/Time of Meeting: 6 ci iqk Ga:3 0 Date Received:etjaki Fee Received: : UDS Paid By:CAepe A14- tvetc4krj Deemed Complete: Receipt#: Ja , s Committee Decision: 24/05/2017 Minor Variance 2016 Municipality of Bayham Application for Minor Variance Page 2 3. Names and address of any mortgages, holders and charges or other encumbrances: Name Address 4. Location of Land a) Lot and Plan or Concession#: Pt, 1-04.021 C l edfIan49 gay/airPa,$# ', 1/R?cL9 b) Street/911 # & Name: 56g(pa Linc_ c) Roll# 34-01- oto.-c©(o - I14 , 5. Nature and extent of relief applied for: 273 ?c 9* (ey-,nhs — rte. y /39, VS rn 2 (I500 R 2) 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? /_ �St?� `' v f`frcStag I ter Minor va V7'Cv✓)Ce 40,p h rJ 1011 pace , 7. Dimensions of the entire subjectrland affected: a) Frontage (m) 3s, ba' ' I b) Depth (m) 76.. 9 east 7c.( ?' WeST c) Area (sq.m /ha) 0. az 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 VG1Cam b) ProposedSj/e/ i/Y du1Plirnp (l9O�f . d eii daive 24/05/2017 Minor Variance 2016 Municipality of Bayham Application for Minor Variance Page 3 9. Date of purchase of subject land: S,,,,4 010 op 17 10. Date of construction of all buildings and structures on subject lands: 4e/144-we -fe, /v0✓ tI X2017 11. Existing uses of the subject property: t\i t.,)w C d tou tut (04- 12. 0 12. Length of time and existing uses to the subject property have continued: 40 [L- 13. Existing uses of abutting properties: a) North few rn 14 . b) East pC s ;c61-tC t c) South s/d e4.4 a( d) West ^ S id >n I-iaI 14. Services available (check appropriate space(s)) a) Method of Water Supply(if applicable) Public Water Supply System 0 Private Individual Well V Private Communal Well ❑ ❑ Other (please specify) b) Method of Sanitary Waste Disposal (if applicable) Private Septic Tank and / Private Communal System 0 Tile Field System Public Sanitary Sewer System 0 ❑ Other (please specify) 15. Present Official Plan designation: 4wr►'1 (e--ts 16. Present Zoning Bylaw classification: 1_6,0l(E4 lees1c,,,,l,kt I 17. Has the owner previously applied for a minor variance in respect to the subject property? Yes 0 No 6d If Yes, describe briefly: 18. Is the property the subject of a current application of consent I severance? Yes 0 No Et/ 24/05/2017 Minor Variance 2016 0 STATUTORY DECLARATION / I/We, /am e' /aC�i 7C// f/ aQ&Q e#^ of the Name of Applicant(s) 7-7 isa)1,6U in the (City, Municity, Town, Township) (County/District/Region) SOLEMNLY DECLARE / AFFIRM THAT to the best of my/`iils'" owledge 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 Iihall 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 Ve 6lso agree to accept all costs as rendered; AND /We ake 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: /7L7/6 C "� Z %!0 (City, Municipality,T6wn,Township)' ) Signature of Appli apt or Authorized Agent* in the Caan 0/2 T l ) 4.Jee'�//v " (County/ istrict/Regio ) Signature of Appl c /11 this ( 5 day of Oe4/(20 (7 ) •� p.--.cp ' littk Signature of Applicant Xi, ) A Commissioner, etc. ) MARGARET UNDERHILL,a Commissioner, 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 Ugh= application. 24/05/2017 Minor Variance 2016 REQUIRED SKETCH FOR MINOR VARIANCE APPLICATIONS APPLICANT NAME PROPERTY ADDRESS 5- i7,,,L Edeti Lir)e- Roll r)e- Roll# 34 -01 - ext)-(30 .."/01.60 Lot ) l Concession C� Registration Plan#: //A 9 D9 Part Lots: '✓ Quarter of Municipality Lot N.E. 0 N.W. ❑ S.W. 0 S.E. 0� See Sketch Instructions on the following page. 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