HomeMy WebLinkAboutDecember 07, 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, December 7, 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-10/17, Moore
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 lot area of 745 m2 (8,020 ft2) in place of 800 m2 (8,611 ft2)
and lot frontage of 18.3 m (60 feet) in place of 20.0 m (66 feet) located on the east side of
Oak Street, north of Chestnut Street in the village of Vienna known as 44 Oak Street.
5. STAFF PRESENTATION
A. Report DS-70/17 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment
re Committee of Adjustment Minor Variance —A-10/17 Moore, 44 Oak Street, Vienna
6. PRESENTATIONS BY APPLICANT/AGENT
7. PUBLIC SUBMISSIONS
8. COMMITTEE QUESTIONS AND DISCUSSION
9. DECISION OF COMMITTEE (Motions)
10. ADJOURNMENT
INNYHAAI
, i�'^ `►* � NOTICE OF A PUBLIC MEETING
� ; CONCERNING A PROPOSED
MINOR VARIANCE
o I�� , IN THE MUNICIPALITY OF BAYHAM
P�'Oi'tunity Is'
APPLICANT: MOORE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a Minor
Variance (Application A-10/17).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham
will hold a public meeting on Thursday, December 7, 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 lot area of 745 m2 (8,020 ft2) in place of 800 m2 (8,611
ft2) and lot frontage of 18.3 m (60 feet) in place of 20.0 m (66 feet) located on the east side of Oak
Street, north of Chestnut Street in the village of Vienna known as 44 Oak Street.
THE EFFECT will be to allow the installation of a modular dwelling of 200 m2 (2,152 ft2) on the property,
manufactured to comply with applicable 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 24th day of November 2017.
KEY MAP
MUNICIPALITY OF BAYHAM
an\Ar
Margaret 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
W: www.bayham.on.ca
1011111
SUBJECT LANDS
COST/NV SI
110
Village of Vienna
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REPORT
46 o ,cam DEVELOPMENT SERVICES
ppul'tunity Islc°
TO: Committee of Adjustment Members
FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment
DATE: December 7, 2017
REPORT: DS-70/17 FILE NO. C-07 / D12.MOOR
Roll # 34-01-004-001-13220
SUBJECT: Committee of Adjustment
Minor Variance—A-10/17 Moore 44 Oak Street, Vienna
BACKGROUND:
Randy Heavens, Agent on behalf of Owners William and Gary Moore, has submitted a minor
variance application for property located in the village of Vienna known municipally as 44 Oak
Street. The property is designated "Residential" on Schedule "C"Vienna: Land Use and
Constraints in the Official Plan and zoned Village Residential (R1) on Schedule "H" Vienna 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 lot area of 745 m2 (8,020 ft2) in place of 800 m2
(8,611 ft2) and lot frontage of 18.3 m (60 feet) in place of 20.0 m (66 feet) located on the east side
of Oak Street, north of Chestnut Street in the village of Vienna known as 44 Oak Street.
The effect will be to allow the installation of a modular dwelling of 200 m2 (2,152 ft2) on the
property, manufactured to comply with applicable standards, where otherwise a modular dwelling
would be prohibited.
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 November 22, 2017 outlines the deficiencies in lot area and lot frontage
and the full analysis of the four "tests". The lot is serviced with municipal water and sewer.
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-10/17 Moore
Staff Report DS-70/17 Moore Page 2
2. IBI Memorandum dated November 22, 2017
RECOMMENDATION
"THAT the Committee of Adjustment Secretary-Treasurer's report DS-70/17
regarding the Moore 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-10/17 submitted by William and Gary Moore, 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 Prohibited Uses Subsection 4.8.1 c) to permit the construction
of a modular home with a floor area of 200 m2 (2,152 ft2)where modular
homes are prohibited
• Section 10.3 Minimum Lot Area to permit 745 m2 (8,020 ft2) where 800 m2
(8,611 ft2) is the required minimum lot area
• Section 10.4 Minimum Lot Frontage to permit 18.3 m (60 feet) where 20.0
metres (66 feet) is the required minimum lot frontage
Condition: the modular home be placed on a permanent foundation
Respectfully Submitted by: Reviewed by:
Margaret Underhill au. ray
/
SecretarylTreasurer Committee of Adjustment CAO • erk
1
File No. !`''� �
4,�YAA�?
RE0 � CEIVE
r�� �oAPPLICATION FOR
Nunity 15"
MINOR VARIANCE Nov 7 ZO1l
Planning Act, R.S.O. 1990, O. Rag 200196 as amended MUNICIPALITY OF BAYHAM
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)
a) Name `/1 ("19,7 (7 a 477_5-
b) Mailing Address `."� ^�� �`/
o) Telephone No. Home�.- i?( ' yF cf.�/ Work:_
d) Email AddressFax No. — —~
2. SOLICITOR I AUTHORIZED AGENT
a) Name /
b) Mailing Address S f �i L�_XV, _-!i-- L–
14p a n Pf/.ea 5a ±_ 6 N— ALO g I Kv
c) Telephone No. Home:Slq wwit:/Je// 5-7_9 .f-6? 3 Sd 0
d) t r
OwnerSolicitor/Authorized Agent
Sand correspondence to: (s)
FOR OFFICE USE ONLYA
No.: /a —/o/1-7 T File No: Dig•/1�'c
OatemmeofMeeting:`t c- 71 o- sa
Date Received'No 7/r7 i Fee Received: a 0 0 `'L s:Turdt3 : andy ar V((4 PeetVrs1. .R
t#:i Committee Decision:
Receipt O 7
Deemed Complete: � P � �� 1 -,� omm-�-, -
24105/2017
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
N /in,
4. Location of Land
a) Lot and Plan or Concession#: 2 ci kits- 44t< civ 7, il - t
b) Street/911 # &Name: 4.. 0 4 ---- ---( ,
c) Roll# 34-01- 004-- &c ( 13 'a Z` --o 0 ..
( ,. Nature and extent of relief a plied for: ,/
0 t-4 k 1J\Lk.A(J... �Ec1 1) _-_.,J-1.--1 -L- (_(:
2F(_t i✓ i „,-. Zel set,tio, 4:i,-,( c)Prow,3i+& +o iT(1141.1- liVIOdUtat- 1
NOTE: In the case of a Supplementary farm dwelling, a Development Agreement is required. CelyeJ1` -
o't h *d
wlw �w; �
6. Why is it not possible to comply with the provisions of the By-law?
.3cci i y Ye l c) t 2 ' (,.-2 c-J,S `b`E-g t-)of 0 2 t7 M�b.'L v4 2
1--F � t—( a--( L T. 0 IJLT 'ek--It..t-T `T; 13�+ i t✓b
--t Z- c°Z ` .,51-SY23-j�Tz iTh t---‘31/435- c (moi i:•T Ft 14 A KIC 1 A-i -`( Fic-AC(U+�
7. Dimensions of the entire subject land affected:
a) Frontage(m) tet-
0
b) Depth (m) 4/ 0 4 k.,1,`'\
a tr:
c) Area (sq.m/ha) 7 if 5. hi 6 a A
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 Al0 it re'
tt C e. 10 J-- f' �a co hi.
..
b) Proposed -'? •' Gr + 7 1 . %� / -4 t, +e.,
7/4 it, ft's
e
24/05/2017
Minor Variance 2016
Municipality of Bayham
Application for Minor Variance
Page 3
9. Date of purchase of subject land: 4 p ; j El "—ZS)
is
10. Date of construction of all buildings and structures on subject lands: T.AQT
1
t
_
11.
11. Existing usesYr
of the subject property: f <', 1t .:.--
te7 tz •7i AL-
12. Length of time and existing uses to the subject property have continued: 1 s1
13. Existing uses of abutting properties:
.
A f
a) North ;' ?` d ,;
b) East
c) South ,e? d a
r 4
,t
d) West c
14. Services available(check appropriate space(s))
a) Method of Water Supply(if applicable)
Public Water Supply System IS 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 ❑ Public Sanitary Sewer System El
❑ Other(please specify)
15. Present Official Plan designation: c€c- l A'--
16. Present Zoning Bylaw classification: k
17. Has the owner previously applied for a minor variance in respect to the subject property?
Yes ❑ No El
If Yes, describe briefly:
18. Is the property the subject of a current application of consent/severance?
Yes 0 No t�
24/05/2017
Minor Variance 2016
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November 06 2017
I William Charles Moore and Gary Robert Moore agree to allow Randy Heavens to be their authorized
agent for the minor variance application.
William Charles Moore :
�`' :. '� '., �� •: Date// C`' �.7
Sign_
Gary Robert Moore
Sign_._.__ a y,,,A,r3L-c __Date 4 :r t
---7
STATUTORY DECLARATION
OVVe,
I\G�nG� /7/ea VrW 5 of the
Name of Applicant(s)� /�
in the C1/✓/ c JrCg7`
(City, Municipality, Town, Township) (Count /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;
TH I e 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 applicationWe also agree to accept all costs as rendered;
AN I/Ve 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:
triZi//C,;o ei///'
0/Way/mil ) .,-
(City, Mtanicipality(own,Township) ) Signatur- • App scant or Authoriz-. Agent*
l
in the6/,,e(/ D/ -/,/i/2 ) rt.
(County/ istrict/Region, ) Signature of Applicant
this - day of NV (20/7 ) -4
Signature of Applicant
/ /' / )
i / )
A Commissioner, etc. )
MARGARET UNDERHILL,a Commissioners etc. * If authorized agent, a letter of authorization from
the owner of the property must accompany this
Deputy Clerk of the Corporation of the
application.
Municipality of Deyham.
24/05/2017
Minor Variance 2016
IBI GROUP
203-350 Oxford Street West
IB I London ON N6H 1T3 Canada
tel 519 472 7328 fax 519 472 9354
ibigroup.com
Memorandum
To/Attention Municipality of Bayham Date November 22, 2017
From Paul Riley, CPT Project No 3404 -676
cc William Pol, IBI Group
Subject Moore-Application for Minor Variance to Zoning By-law#Z456-2003
Lot 24 E/S Oak Street, Plan 54, 44 Oak Street, Vienna
1. We have completed our review of Minor Variance application A-10/17, submitted by
William and Gary Moore for lands located at 44 Oak Street, Vienna. 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 200 m2 (2,152 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; lot area of 745 m2 (8,020 ft2)where 800 m2(8,611 ft2) is the minimum; and
lot frontage of 18.3 m (60 feet)where 20.0 m (66 feet) is the minimum. The subject lands
are designated "Residential" on Schedule"C" Vienna: Land Use and Constraints in the
Official Plan. The lands are zoned Village Residential (R1) and are located on Schedule
"H"Vienna of the Zoning By-law. A residential use is permitted in the R1 Zone.
2. The subject lands are vacant and have a lot frontage of 18 m (60 feet) and lot depth of 40
m (131 feet). The lot area for the subject lands is 745 m2 (8,020 ft2). The lot was created
by deed in 2005 subsequent to severance of lot 42, the adjacent parcel to the north. 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
infilling, specifically buildings that are a good aesthetic fit within the
surrounding neighbour and that are constructed with durable materials which
will maintain the dwelling for the long-term viability of the community. The
applicant has indicated that the proposed dwelling meets Canadian Standards
Association series of standards. A permanent foundation is required in order
to ensure that the dwelling remains viable for the long-term.
The minimum lot frontage in the R1 zone is 20 m (66 feet) where the existing
lot frontage is 18.3 m (61 feet). We consider less than 2 m a minor deficiency
that should be recognized at this time by minor variance.The minimum lot area
for the R1 Zone is 800m2(8611 ft2)where the existing lot area is 745m2(8,020
ft2).We consider less than 50 m2 a minor deficiency that should be recognized
at this time by minor variance.
IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies
IBI GROUP MEMORANDUM 2
Municipality of Bayham—November 22,2017
The parcel is of adequate size to meet the lot setback zoning by-law
regulations, is accommodated with connection to full municipal water and
municipal sewer service; and the proposed building meets the Canadian
Standards Assoc. standards 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 infilling in
Villages, on lots with existing municipal water and municipal 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.
• 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. A
permanent foundation will maintain the intent and purpose of the Zoning By-
law. The lot frontage and lot area deficiencies are exiting and minor in nature. G
• 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 the village of Vienna 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 construct a permanent foundation for the
modular home.
ii. That the recommended changes, recognizing the lot frontage and lot
area deficiencies, to the Minor Variance are minor and no further public
notice is required.
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