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HomeMy WebLinkAboutFebruary 15, 2018 - 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, February 15, 2018 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-01/18, Thiessen, R & N Request to grant relief from the Zoning By-law Section 5.2 Agriculture (A1) Zone to permit supplementary farm dwelling to the extent the use is not permitted for a property with 20 ha (50 acres) of land, located on the north side of Vienna Line, east of Richmond Road known as 53580 Vienna Line. 5. STAFF PRESENTATION A. Report DS-11/18 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment re Committee of Adjustment— Minor Variance —A-01/18 Thiessen, R & N 6. PRESENTATIONS BY APPLICANT/AGENT 7. PUBLIC SUBMISSIONS 8. COMMITTEE QUESTIONS AND DISCUSSION 9. DECISION OF COMMITTEE (Motions) 10. ADJOURNMENT A-01/18 NOTICE OF A PUBLIC MEETING IIPIC4C17, CONCERNING A PROPOSED MINOR VARIANCE O f4 / IN THE MUNICIPALITY OF BAYHAM t PpOrfunity APPLICANT: THIESSEN, R & N TAKE NOTICE that the Municipality of Bayham has received a complete application for a Minor Variance (Application A-01/18). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday February 15, 2018 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 Agriculture (A1) Zone, Section 5.2 to permit supplementary farm dwelling to the extent the use is not permitted for a property with 20 ha (50 acres) of land, located on the north side of Vienna Line, east of Richmond Road known as 53580 Vienna Line. THE EFFECT will be to allow the installation of supplementary farm dwelling of two bunkhouse dwelling units in one permanent one storey building of 167 m2 (1,800 ft2) to accommodate a maximum of sixteen (16) seasonal farm labourers. The proposed development must conform to all of the criteria in Section 2.1.10 of the Official Plan. 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 2nd day of February 2018. 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 T: 519-866-5521 Ext. 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca SUBJECT LANDS Ari vAYH4&? REPORT v 0 , �T _ 04, DEVELOPMENT SERVICES po,.tunity Is TO: Committee of Adjustment Members FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment DATE: February 15, 2018 REPORT: DS-11/18 FILE NO. C-07 / D12.THIE Roll #34-01-000-008-06500 SUBJECT: Committee of Adjustment - Minor Variance—A-01118 Thiessen, R & N BACKGROUND: Rudolph and Nancy Thiessen have submitted a minor variance application for their 20 hectare (50 acre) property located in Concession 3 South Part Lot 2. The property is designated "Agriculture" on Schedule "Al" Land Use in the Official Plan and zoned Agriculture (A1) of the Zoning By-law Z456-2003. The purpose of the variance is to grant relief from Agriculture (A1) Zone, Section 5.2 to permit supplementary farm dwelling to the extent the use is not permitted for a property with 20 ha (50 acres) of land, located on the north side of Vienna Line, east of Richmond Road known as 53580 Vienna Line. The effect will be to allow the installation of supplementary farm dwelling of two bunkhouse dwelling units in one permanent one storey building of 167 m2 (1,800 ft2) to accommodate a maximum of sixteen (16) seasonal farm labourers. The proposed development must conform to all of the criteria in Section 2.1.10 of the Official Plan. DISCUSSION: Council must be satisfied the submitted justification meets the criteria in the Official Plan regarding need, existing dwellings, location, size and type, services and vehicular access. Council must also be satisfied the application meets the Planning Act four "tests". Staff and planner concur the application meets the criteria as outlined in the planner's memorandum attached to this report. Approval is subject to a development agreement to address the general concerns outlined in the Official Plan. The planner recommends a 6-month term for removal in the Agreement, however, in previous discussions and approvals, Council has agreed to a 2-year time period for removal after the farm operation has ceased. The Staff Report DS-11/18 Thiessen Page 2 planner also suggests water potability and septic system approvals, which will be required as conditions of the building permit. A draft agreement is attached for Committee comment and will be considered for approval in the February 15, 2018 regular Council agenda. Staff and planner concur the application meets the criteria and recommend approval. ATTACHMENTS 1. Application for Minor Variance A-01/18 Thiessen 2. IBI Memorandum dated February 1, 2018 3. Draft Development Agreement (subject to Council approval) RECOMMENDATION "THAT the Committee of Adjustment Secretary-Treasurer's report DS-11/18 regarding the Thiessen minor variance be received; AND THAT the Committee of Adjustment considered all written and oral submissions received on this application, the effect of which helped the committee to make an informed decision; 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-01/18 submitted by Rudolph and Nancy Thiessen, 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 5.2— Permitted Uses —to permit the construction of a two-unit bunkhouse of 167 m2 (1800 sq. ft.) as a supplementary farm dwelling for the purpose of accommodating up to sixteen (16) seasonal farm labourers not to exceed eight(8) months of the year during the farming season in accordance with Section 2.1.10 of the Official Plan. Condition of Minor Variance: In accordance with Official Plan Section 2.1.10.2 a Development Agreement with the Municipality of Bayham be executed within 30 days of minor variance approval. Respectfully Submitted by: Reviewed by: Margar-t Underhill thi. ay 41111111 Secretary/Treasurer Committee of Adjustment /CAO/Clerk -15SYHitiv File No. A- 0//ir ,Illy` miwg•,, APPLICATION FOR RECEIV p�Orri,nity Is'�°, MINOR VARIANCE JAN 04018Li Planning Act, R.S.O. 1990, O. Reg 200/96 as amended MUNICIPALITY OF DAYNAM 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 V)Qi..�1-1A)ESSEX) NI Ptt'.)(-,'( -1-t t i_`5` i_0 b) Mailing Address 52 t//FAJ JA- Lip Z c \ 2.. y-z- u.eZv1/4% c) Telephone No. Home:5/9- -2b I Work:59_ ,..51-1- ORO? d) Email Address f--1-h•t essegi © Qrn to IN con), , t Fax No. 2. SOLICITOR/AUTHORIZED AGENT a) Name b) Mailing Address c) Telephone No. Home: Work: d) Fax No. Send correspondence to: v Owner(s) Solicitor/Authorized Agent FOR OFFICE USE ONLY A'Cv//'s(-- . Jci1- ::5/// ' Application No.: i I .a t11�/.` iFile No:DO. /ME-f Date/Time of Meeting: Date Received: /6-,!`.7/M.f`/,` Fee Received: ,,,2/,,00 `'t--) Paid By: '-um c i F TH i G.,--s Sc=fJ Deemed Completeg/OR Receipt#: 0A16115/ 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 3A 3 'MLR c7" rn 4. Location of Land a) Lot and Plan or Concession#: LOT 2 Com 3 b) Street/911 #& Name: 53sgo 0,-)J1,)A ��L c) Roll# 34-01- 000 dog' no-00 onon 6. Nature and extent of relief applied for: rARm LA3Ot1O ) Ov.SiA)rc, . 02fire/ *C 5 // .5w/ri71774i 1/77 A,r7 iiq 7/0 OCC01”/7700/4? �� 7b -r Alec er-5 // NOTE: In the cask of a Supplementary farm dwelling, a Development Agreement is required. n/ 6. Why is it not possible to comply,with the provisions of the By-law? c. fVt T?7 ,t krn tz?f/tiz C74419,5- rrV/i%16// / l ter s' a,erai/rd by /7Z-, ' //a-hce (old /;/-6-,,,re-e-,97e."79/ 7. Dimensions of the entire subject land affected: a) Frontage(m) 29/Q /ri b) Depth (m) /0/0 m c) Area(sq.m/ha) _ 610,, 3 `7Cc., 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 poo b) Proposed f" - -Nu'� • a : I 1 (,/1/ ?s ea C/ CC/r'7'thec/ $'e a 'Wheat 24/05/2017 Minor Variance 2016 Municipality of Bayham Application for Minor Variance Page 3 9. Date of purchase of subject land: /NH JO 2c/ 3 10. Date of construction of all buildings and structures on subject lands: Ai/A 11. Existing uses of the subject property: 7"A Q -- 647114/r. 12. Length of time and existing uses to the subject property have continued: Oki/a W0 . 13. Existing uses of abutting properties: a) North FIR Q m b) East FA Zen 641/1 Res,Cly 'r°1 cC., c) South filk m d) West tAkfn 14. Services available(check appropriate space(s)) a) Method of Water Supply(if applicable) Public Water Supply System 0 Private Individual Well ID" 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 Iii Public Sanitary Sewer System 0 ❑ Other(please specify) c g27‘,/d.16. Present Official Plan designation: /L /(et/7 '') 7 S, -rz t t J 16. Present Zoning Bylaw classification: 1111 at /s6-c- 6:Q/ 17. Has the owner previously applied for a minor variance in respect to the subject property? Yes 0 No izi If Yes, describe briefly: 18. Is the property the subject of a current application of consent 1 severance? Yes 0 No 24/05/2017 Minor Variance 2016 STATUTORY DECLARATION I/We, -Rvhti I hIEs< of the Name of Applicant(s) IVALAFirn /Pr. boetuEZL in the ELCJ/.l (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/We 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: 7 /1fCW'a/f1r Cf (4 7_ (City,Municipality,TovGn,Township) / ) Signa, - • pplicant or Authorized Agent* in the (; C�h U ( Z--- /c/K) ) (County/Di rict/Region) ) nat�re of/Appli C/�iH C/ /t`55f'/7 this / "day of '/'Il�p/ , 20 ) Sig -ture of Applicant i j' ) A Commissioner,etc. ) af` *If authorized agent, a letter of authorization from t. . : •;:);F.:!:.)c thv the owner of the property must accompany this application. 24/05/2017 Minor Variance 2016 REQUIRED SKETCH FOR MINOR VARIANCE APPLICATIONS APPLICANT NAME Hub L I W 1 F:- S Elm) PROPERTY ADDRESS 535 ge U,t').)N/4 Roll# 34-01 -( )Q clo rj(� thot Z Concession 3 Registration Plan#: Part Lots: Quarter of Municipality Lot N.E. D N.W. O S.W. CI S.E. D See Sketch Instructions on the following page. Iv \\,tZ'O ,+ 0 ‘t 0 viELL 11 )1. F‘c, spetwit.ty 13Ult.6(W& '4 en too tos; [siicj<--� U1Ei#1A L Vie RETURN THIS SKETCH WITH APPLICATION FORM- NOTE: WITHOUT A SKETCH AN APPLICATION CANNOT BE PROCESSED ALL DIMENSIONS MUST BE IN METRIC (S) , . = : 4-.Ve' •tAti - • CD , • LT) Ii ; . = -'" I - - , C.*) 0 . - . _ - ci) • ., Marg UnderhillC.67K557b.11 -76 4/ /9-0f/d From: Rudy Thiessen <rthiessen@amtelecom.net> Sent: Thursday,January 4, 2018 8:10 PM /9 7 7 To: Marg Underhill Subject: Bunkhouse This letter is pertaining to the questions required for the supplementary farm dwelling application A) Need: I have grown cucumbers for over 20 years and I grow asparagus as well....lt seems as time goes on more acres are being grown in the area requiring more help...this means less bunkhouses etc are available. Every year I struggle with enough houses. I grow 60 acres of cucumbers and 30 acres of asparagus. I employ a minimum of 60 people a season on cucumbers alone. Most are local but not all are so I need to house the people that aren't. B) Existing Dwellings: I currently rent a bunkhouse for a crew but is in need of repair and too small for some crews. Some families are able to rent their own houses year round and some live in the area permanently but to supply 1250 Tons of cucumbers I need more people to fill the contract. C) Location: I have a perfect spot for this bunkhouse as their are no nearby neighbours and its on vacant land that I use for cucumbers. This area was an existing lot many years ago with a house trailer on it. Currently there is a cluster of mature trees that are on the parcel where the lot once was. I work around this area with equipment so its ideal to put the dwelling there as well. I propose building it close enough to the road that it doesn't impact much farm land. i.r D) Size and Type: Size will be 30'x90'x8'. Finished in steel inside and out. Concrete foundation and cement floor with no basement. Heating will either be electric baseboards or gas furnace. There will be a firewall between each unit so they are all self contained. I have been in contact with the print designers to ensure proper building codes are met. There are3'units under 1 roof separated by fire walls. This means each unit is 900sq ft per crew. Each unit will have their own kitchen, washroom, laundry and bedrooms. To be cost efficient it makes sense t9 build under 1 roof and use 1 septic system rather then build 3 units separately. The floor plan is414 t ithe maximum allowed:but because it is housing.3A crews its actually takes less room than building1 or 2 units at 1500sq ft and less land is lost. Because its temporary housing the space is sufficient. � E) Services: I have had a well witched by Ross Well Drilling which is on the opposite side of the septic system. Ross has drilled many wells in the area and ensures me there will be enough water to supply the crews. I had a hole dug to test for the weeping bed with Bill Knifton present at the time. It was apparent that a raised bed is required as the location has a clay base. F) Vehicular access: There is an existing driveway to access to the farm already. It just so happens the build site is right beside the driveway and the existing cluster of mature trees. Rudy Thiessen Sent from my iPad Sent from my iPhone 1 6041. / k b 00-0` / I 9'-10• 104'I 9-10 / 9, / k-]' / 4-0'x S-0 4•-0`x 3-0' 01.11,3-0' 4,00'-0`•0-0` a-0•a]•0. \ \ \ a 4 a 1 4 a " a = a rd"."--1 \ \ \ 2.2a10 2.2x10 2-2x10 2-2x10 2.2..10 2.2010 Bedroom Bedroom Bedroom Bedroom Bedroom Bedroom ®.',rex,,...,.., Bsmakepasnbre....w.. m .e...r.„ 6,.......4......,_ A' ......ren ®.'.,...d..,_ L -22 x 26-N.aaNEAbk HalcO L22.1261NeuWed A1110114. b web WaeOwrW_a . with Weetheubppny k-u 91d OA%• ,, 0.01 00• k a. / Ln O �� 27.:\,. 1 A^ YC LU Y-0• Yd} 1 PYA' r .��JJJ TF I`' .: 1 a b 4 . 0 �Mh Fan E�Fen �—/ O 110 CFM L Q 10CFM Great Room Great Room Floor....on ala car.lnwlwn F''abed Floor(by Omer) Finished float(by0wwer) 51Poured.ea.SNB V.....le Slab b I20 WI....4oai M MN.I Cal MPe Wl4-0%Ab Entrainment MN.) am.N RnNrvuaerd net.M RMnNnvm.M Sax Cu 10 2010 ex ]' San Cul at 21/on Max 1 RVWn11Mnv Healing Spasm \ r \ /WWI .411.1.Sys. l01110/earn l Granm(Rmo) •_ ; ]'R ye Foam NGYmbn Q910) 8'CdrnFamed Granular Fill Riad F email....11 I� FwwmKinet Kitchen mc:.....amrt nt T wd ...... --- — — 2.2.10 2.2x19 NI 2-2x10 5•-0`x5-0' 2-2x10 I 2.2x10 S... 2-20x10 11 Y re-a -01 5-0`a Y-0• I Covered Porch I Covered Porch 4with Sll..,H Fee.Ten.ova...Seem Finan Ten.over Pam4 Naeem b vim Sim0eun CTm Oaeruend i Tawe i1 Tmu 00.1.b Saand T....Hanger Mak I TmuH.EOCNeaa I - II\ .. a 1 I Main Floorplan / 0-0' / CJy / 5-S14' / 1S•%' / k-0Y.• / o / 0-0' / I Stale:1/4e=1'•0e I / Jo'-0' X SOC 1' / [�1 IBI GROUP ■ 203-350 Oxford Street West IB (r London ON N6H 1T3 Canada tel 519 472 7328 fax 519 472 9354 ibigroup.com Memorandum To/Attention Municipality of Bayham Date February 1, 2018 From William Pol, MCIP, RPP Project No 3404 - 680 cc file Subject Rudolf and Nancy Thiessen - Application for Minor Variance to Zoning By-law#Z456-2003 Concession 3 Part Lot 2, 53580 Vienna Line 1. We have completed our review of Minor Variance application A-01/18, submitted by Rudolf and Nancy Thiessen for lands located at 53580 Vienna Line, north side east of Richmond Road. The applicant is requesting a variance to Zoning By-law #Z456-2003 to accommodate the installation of a one storey supplementary farm dwelling building with two dwelling units to accommodate a maximum of sixteen seasonal farm labourers. The property has no existing dwellings or other buildings. A variance is required because a supplementary farm dwelling is not a listed permitted use in the zone. The subject lands are designated Agriculture and Natural Gas Reservoir on Schedule "Al" Land Use in the Official Plan. The proposed development must conform to the criteria in Section 2.1.10 of the Official Plan. The lands are zoned Agricultural (A1) in Zoning By-law #Z456-2003. The permitted uses include all forms of agricultural use with a minimum lot area of 20 ha (49.5 acres). 2. The subject lands have lot frontage of 210 m (689 feet), lot depth of 1,010 m (3,313 feet) and lot area of 20 ha (50 acres). The farm operation includes fields in Municipality of Malahide, Municipality of Bayham and Norfolk County and grows 24 ha (60 acres) of cucumbers and 12 ha (30 acres) of asparagus. Services need to be provided on the property including a private on site well and private tile field septic system. The proposed one-storey building is 9 m (30 feet) by 18 m (60 feet) in proximity to the existing public road. 3. The Official Plan sets out the following policies with regard to Supplementary Farm Dwellings in Section 2.1.10: i. Need: the applicant has provided a letter indicating the need for the dwelling to accommodate up to 16 seasonal farm labourers. According to the applicant, the farm operation employs a minimum of 60 workers per growing season and employs local and offshore seasonal workers. There is insufficient rental accommodation for seasonal workers in the area in part due to more cash crops being grown requiring more labourers. Labour intensive and higher return cash crops, including cucumbers and asparagus, have generated the need to house more workers than common field crops. The size and scale of the farm operation warrants additional housing in the form of a two unit bunkhouse. IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects IBI GROUP MEMORANDUM 2 Municipality of Bayham—February 1,2018 ii. Existing Dwelling: the applicant has indicated that the farm operation has an existing bunkhouse on another parcel that is too small to accommodate the number of workers needed. The farm operation requires enough labour to work the fields and there are not enough local workers with existing housing nor rental housing available for the amount of seasonal labourers needed. iii. Location: The proposed location of the new bunkhouse building is in proximity to Vienna Line and an existing access. From a desktop review of recent aerial photography and Google Streetview imagery, there is adequate distance between the proposed location and a farm house cluster to the east with existing natural landscape buffering and no other nearby neighbours. iv. Size and Type: The proposed size of the one-storey bunkhouse is 167 m2 (1,800 ft') divided into two separate units of equal size. The building is built with finished steel, concrete foundation and cement floor with separate firewall between units. Each unit has separate kitchen, washroom, laundry and bedrooms facilities. The proposed building area meets the preferred maximum floor area of 167 m2 for permanent dwellings. We consider the unit size appropriate for the location and need of the farm operation. v. Services: The applicant indicates that from consultation with a well drilling company active in the area that there is adequate available water supply. Based on a recent test hole for the septic system a raised bed is required due to a clay base. The applicant shall provide confirmation that the septic system capacity and the proposed well are sufficient to meet provincial standards. vi. Vehicular Access: The proposed location has access from the existing entrance to the farm field and will not require an additional access to Vienna Line. Vienna Line is a local road which is flat and straight with adequate sight lines at the access location. 4. In accordance with Section 2.1.10.2 The Municipality may enter into an agreement with the property owner to address the location, maintenance and occupancy of the building. This will provide the Municipality assurance the dwelling will be properly operated for the intended function and removed once it is no longer needed. 5. The intended use of supplementary farm dwelling(s) as defined in the zoning bylaw is for a bona fide farm operation for accommodating supplementary farm labour for a period not exceeding eight (8) months in any one calendar year. The owner shall agree to the limitations on the time and use of the units. 6. Based on our review we would have no objection to the requested minor variance to permit a one-storey, two unit bunkhouse building as supplementary farm dwelling for a maximum of 16 seasonal farm labourers on the property where the following conditions have been fulfilled: i. The owner enter into an agreement with the Municipality for the removal of the building from the property no more than 6 months after the IBI GROUP MEMORANDUM 3 Municipality of Bayham—February 1,2018 existing vegetable and cash crop farm operation has ceased; that the buildings and site be maintained in accordance with the By-laws of the Municipality of Bayham; and that the owner agree to limitations on the time and use of the units not to exceed 8 months of the year during the farming season. ii. The owner provide written confirmation from the authorizing agency, to the satisfaction of the Municipality, that there is sufficient on site capacity for potable drinking water and a septic system for the proposed bunkhouse. Jain jaw IBI GROUP Paul Riley, CPT Consulting Planner to the Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-024 A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN RUDOLPH AND NANCY THIESSEN AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 11 of the Municipal Act, 2001, R.S.O. 2001, c. 25 as amended provides that a lower tier municipality may pass by-laws respecting structures, including fences and signs; AND WHEREAS Section 45(9.1)of the Planning Act, R.S.O. 1990 c P.3 as amended provides in part that a Committee of Adjustment that imposes terms and conditions under subsection (9), may also require the owner of the land to enter into one or more agreements with the municipality dealing with some or all of the terms and conditions; AND WHEREAS Rudolph and Nancy Thiessen are the owners of lands in Concession 3 Part Lot 2, known municipally as 53580 Vienna Line, in the Municipality of Bayham, County of Elgin; AND WHEREAS the Municipality of Bayham Committee of Adjustment has granted the minor variance Application A-01/18, including the condition that the owners execute a development agreement for the supplementary farm dwelling as per policies of Section 2.1.10 the Official Plan; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF B-•YHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized and directed to execute the Development Agreement with Rudolph and Nancy Thiessen affixed hereto and forming part of this By-law and marked as Schedule"A". READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF FEBRUARY 2018. 0 ;1' . i _ ,],* t'1 .. +* MAYOR CLERK Development Agreement—Thiessen 1 DRAFir SCHEDULE 'A' TO BY-LW 2018-024 EVELSPr ENT AG REEI ENT r ETINEEN RUttOLPH AND NANCY TH ESSEN A^;D THE CORPORATDON OP THE CIIPALI Y •F {SAMARA FOR LANDS LICATED AT 53580 Vienna Lune, Concession 3 L t 2 vaanicipaaiiit if rsyham, Ccunt y of Eigin Development Agreement—Thiessen 2 THIS DEVELOPMENT AGREEMENT made in duplicate this 15th day of February 2018. BETWEEN: RUDLOPH AND NANCY THIESSEN Hereinafter called the "OWNER" OF THE FIRST PART -AND - THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the "MUNICIPALITY" OF THE SECOND PART WHEREAS the Owner is the owner in fee simple of the lands situate in the Municipality of Bayham, in the County of Elgin being Lot 2 Concession 3, more particularly described in Attachment "A" attached hereto (and hereafter referred to as the "Lands"); AND WHEREAS the Owner intends to locate one (1) additional supplementary farm dwelling (bunkhouse) in accordance with the Conceptual Site Plan attached hereto, as Attachment "B" (hereafter referred to as the "Plan") and Main Floor Plan attached hereto, as Attachment "B1"; AND WHEREAS the Municipality, as a condition of the location of the bunkhouse on the Lands requires the Owner to enter into a Development Agreement; NOW THEREFORE in consideration of other good and valuable consideration and the sum of Two Dollars ($2.00) of lawful money of Canada by each to the other paid (the receipt whereof is acknowledged by each), the Owner hereby covenants and agrees with the Municipality as follows: 1. The Owner agrees that the one(1)bunkhouse consisting of two separate units to house up to sixteen (16)seasonal farm labourers shall be located on the Lands in general accordance with the area identified on the attached Plan. 2. The Owner shall remove the bunkhouse from the property should it cease to be used for the purpose of housing supplementary farm labour for a period longer than two (2) calendar years after the existing bona fide cucumbers and asparagus cash crop farm operation has ceased and the Owner shall maintain the site in accordance with the By-laws of the Municipality of Bayham; Development Agreement—Thiessen 3 3. The Owner shall not permit the bunkhouse, deemed as a supplementary farm dwelling on the Lands, to be occupied by any persons between the period of December 1St and March 31st of any calendar year. 4. The Owner further agrees: a) To provide written confirmation from the authorizing agency, to the satisfaction of the Municipality, that there is sufficient on-site capacity for potable drinking water, and; b) To apply to the Municipality for the installation of a new septic system for the bunkhouse, and; c) That upon failure by the Owner to do any act identified herein,that the public safety or convenience requires, in accordance with this Agreement, upon seven (7) days written notice, the Municipality, in addition to any other remedy, may go in and do same at the Owner's expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security, and; d) That nothing in this Agreement constitutes waiver of the owner's duty to comply with any by-law of the Municipality or any other law. 5. The Owner shall be responsible for consulting with and obtaining any and all necessary approvals from the Elgin St. Thomas Public Health. 6. The Owner shall satisfy all the requirements in relation to the fire protection for the building(s)in compliance with the Fire Code and to the satisfaction of the Municipality's Fire Chief. 7. The Municipality, through its servants, officers and agents, including its Chief Building Official and Fire Chief, may,from time to time, and at any time,enter on the premises of the Owner to inspect the mobile homes for the purposes of ensuring public health and safety, in specific regards to condition of the bunkhouses; fire protection; the provision of potable water; and the proper treatment and disposal of sewage. 8. In the event of any servant, officer or agent of the Municipality, upon inspection, be of the opinion that the state of maintenance is not satisfactory, such servant, officer or agent shall forthwith,forward notice of such opinion, by registered mail, to the Owner, at the last known address, and the Owner shall forthwith correct the deficiency or appeal to the Council of the Municipality of Bayham, as hereinafter provided. 9. In the event that the Owner should disagree with the opinion of the servant, officer or agent of the Municipality, as to the state of maintenance, such Owner shall appear before the Development Agreement—Thiessen 4 Council of the Municipality of Bayham, which after hearing the Owner, shall express its opinion as to whether the maintenance is satisfactory, by resolution,which shall constitute a final determination of the matter. 10. In the event that an Owner shall fail to correct a deviation or deficiency after notice or after notice of an opinion,which the Council of the Municipality of Bayham determines is correct, the Council of the Municipality of Bayham, may by by-law, direct, on default of the matter or thing being done by the Owner, after two (2) week's notice, to it by registered mail, at the last known address of the Owner, pursuant to the last revised assessment roll, at the expense of the Owner, which expense may be recoverable by action as municipal taxes. 11. This Agreement and the provisions thereof, do not give to the Owner or any person acquiring any interest in the said lands any rights against the Municipality with respect to the failure of the Owner to perform or fully perform any of its obligations under this Agreement or any negligence of the Owner in its performance of the said obligations. 12. The Owner agrees that it will not call into question, directly or indirectly in any proceeding whatsoever in law or in equity or before any administrative tribunal the right of the Municipality to enter into this Agreement and to enforce each and every term,covenant and condition herein contained and this Agreement may be pleaded as an estoppels against the Owner in any case. 13. The Owner agrees on behalf of themselves, their heirs, executors, administrators and assigns,to save harmless and indemnify the Municipality,from all losses, damages, costs, charges and expenses which may be claimed or recovered against the Municipality by any person or persons arising either directly or indirectly as a result of any action taken by the Owner, pursuant to this Agreement. 14. All facilities and matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense to the satisfaction of the Municipality and in accordance with the standards determined by the Municipality and in default thereof,and without limiting other remedies available to the Municipality,the provisions of Section 326 of The Municipal Act, R.S.O. 1990, shall apply. 15. This Agreement shall be registered at the expense of the Owner, against the land to which it applies, and the Municipality shall be entitled, subject to the provisions of The Registry Act, to enforce its provisions against the Owner, named herein, and any and all subsequent Owners of the land. Development Agreement—Thiessen 5 IN WITNESS WHEREOF, the Parties hereto have hereupon, affixed their Corporate Seal, duly attested to by their authorized signing officers in that behalf. We have the authority to bind the Corporation. Witness (signature) Rudolph Thiessen, Owner Witness (signature) Nancy Thiessen, Owner THE CORPORATION OF THE MUNICIPALITY OF EAYHM Pa R Paul Shipway, CAOICLERK Development Agreement—Thiessen 1 ATTACHMENT 'A' Roll #3401-000-008-06500 Legal Description: Concession 3, Lot 2, Municipality of Bayham, County of Elgin Municipal Address: 53580 Vienna Line PIN # c ii 4 obi 301 Ki porkitkiptv 0 toe) A_ SO, / ,l' 200. I ...- 10J•I 0-10• / 1 1 1I1 jv, 1 4•01x 2-0• 41%x 04. 4'%x 21-0' 4'%a0'-0' /W020% v-0~n p . 4 p-' -v • 1tl-'^--, V Y V " 4 2.2x10 2.2x10 2.200 2-2uID 2-2210 2.2 x10 Bedroom Bedroom Bedroom droem Bedroom Bedroom Be ®e'er'.;w'.www .'"""°"'"..... ® .w.wl 9.'.x.00.••• 6,.........w.n 8 .,.... Zr4_ • .28'OswteMd MOO 000 • 22,M Inwl0Mtl 000 Hatch �• a\I,WeeOen0peWe vlOwx00000c11•011 pB• , 0.11. p% 9,11%.C O Q “1:-.. `V, `\ I % 'J1 � . ...200......,=,•0‘...=.0x '�0 ur'm..auw BB .. .._ : 1A' 'H L '• B Bath K _Mt ® f OESM1rt Fen F LEdwwlFen Great Room it 11owcFM 1oaM Great Room Flax Can... 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