HomeMy WebLinkAboutApril 05, 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, April 5, 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-02/18 Froese, J & M
Request to grant relief from Agriculture (A1/A1-A) Zone, Section 5.2 to permit a
supplementary farm dwelling to the extent the use is not permitted for a property with 64 ha
(157 acres) of land located on the south side of Jackson Line, west of Gregson Road
known as 54025 Jackson Line, Concession 5 North Part Lots 6 & 7
B. Minor Variance Application A-03/18 Hart, S & L
Request to grant relief from the Zoning By-law regulations Section 10.9.3 Village Residential
(R1) Zone for exterior side yard setback of 2.0 m (6.5 feet) whereas 4.5 m (14.7 feet) is the
required minimum, for a property with 1,011 m2 (0.2 acres) of land property located on the
west side of Chatham Street and north side of Southey Street known as 35 Chatham Street
5. STAFF PRESENTATION
A. Report DS-24/18 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment re
Committee of Adjustment— Minor Variance —A-02/18 Froese, J & M
B. Report DS-25/18 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment re
Committee of Adjustment— Minor Variance —A-03/18 Hart, S & L
6. PRESENTATIONS BY APPLICANT/AGENT
7. PUBLIC SUBMISSIONS
8. COMMITTEE QUESTIONS AND DISCUSSION
9. DECISION OF COMMITTEE (Motions)
10. ADJOURNMENT
VAYH411?
REPORT
opo DEVELOPMENT SERVICES
rtunity Is
TO: Committee of Adjustment Members
FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment
DATE: April 5, 2018
REPORT: DS-24/18 FILE NO. C-07 / D12.FROE
Roll #34-01-000-003-00700
SUBJECT: Committee of Adjustment - Minor Variance—A-02118 Froese, J & M
BACKGROUND:
Jaime and Maria Froese have submitted a minor variance application for their 63.9 hectare (157
acre) property located in Concession 5 Lot 7. The property is designated "Agriculture", "Natural
Heritage", "Mineral Aggregate Resource Area" and "Natural Gas Reservoir" on Schedule "Al"
Land Use and Hazard Lands and Significant Woodlands on Schedule "A2" Constraints in the
Official Plan. The lands are zoned Agricultural (A1/A1-A) in the Zoning By-law Z456-2003.
The purpose of the variance is to grant relief from Agriculture (A1/A1-A) Zone, Section 5.2 to
permit a supplementary farm dwelling to the extent the use is not permitted for a property with 64
ha (157 acres) of land located on the south side of Jackson Line, west of Gregson Road known
as 54025 Jackson Line, Concession 5 North Part Lots 6 & 7.
The effect will be to allow the conversion of an existing two storey single detached dwelling of 153
m2 (1,646 ft2)floor area to a supplementary farm dwelling to accommodate a maximum of ten (10)
seasonal farm labourers in the existing building. The Owners will enter into a Development
Agreement for the supplementary farm dwelling.
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
Staff Report DS-24/18 Froese Page 2
has imposed a 2-year time period for removal after the farm operation has ceased. The planner
also recommends the following conditions: Elgin St. Thomas Public Health approval, Chief
Building Official written assurance that the dwelling satisfies safety and building code
requirements, development agreement, written confirmation from the authorizing agency that
there is sufficient on site capacity for potable drinking water and a septic system for the
dwelling.
The conditions are included in a draft agreement attached for Committee comment and will be
considered for approval in the April 5, 2018 regular Council agenda.
Staff and planner concur the application meets the criteria and recommend approval.
ATTACHMENTS
1. Application for Minor Variance A-02/18 Froese
2. IBI Memorandum dated March 26, 2018
3. Draft Development Agreement (subject to Council approval)
RECOMMENDATION
"THAT the Committee of Adjustment Secretary-Treasurer's report DS-24/18
regarding the Froese 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-02/18 submitted by Jaime and Maria Froese, 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 existing two storey 153 m2
(1,646 sq. ft.) dwelling to be a supplementary farm dwelling for the purpose of
accommodating up to ten (10) seasonal farm labourers not to exceed eight(8)
months of the calendar year during the farming season in accordance with
Section 2.1.10 of the Official Plan.
Conditions of Minor Variance:
1. 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 76a '
Secretary/Treasurer Committee of Adjustment A O/CI'
1:144/1
File No. AC //T Lt 2
�IS�
i--tik)
iv so,
-6,711% APPLICATION R
MINOR VARIANCE :1AI\ j 11 ,1
Planning Act, R.S.O. 1990, O. Reg 200/96 as amended
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$2000.00 in cash or cheque made payable to the
Municipality of Bayham.
1. OWNER(S)
a) Name ()Ina--,,irl.
b) Mailing Address 76)/-)-61_,c - /
"? } . �s�`3 jl i J:,/3 t✓ ) J
(9,V
f A/lii ``c) Telephone No. Home:(-IWork: s7r ccs,.
d) Email Address ' @ z ,
Fax No. S"/ 6 ‘` a ``
2. SOLICITOR/AUTHORIZED AGENT
a) Name
�,s 1 !s
b) Mailing Address
c) Telephone No. Home: Work:
d) Fax No.
Send correspondence to: X Owner(s) Solicitor/Authorized Agent
FOR OFFICE USE ONLY_
Application No p /$ File No �a c D3 ell
Date RecetvecJ Q,��i$, Fee Received: c200 0 ° Paid.'By tv✓tc f ii
Deemed Complete: Receipt#: C7 7/$/3 Committee Decision
24/05/2017
Minor Variance 2016
Municipality of Bayham
Application for Minor Variance J
Page 2 /
3. Names and address of any mortgages, holders and charges or other encumbrances:
Name Address
4. Location of Land
,�/r
a) Lot and Plan or Concession#: Lam' ' � , s� f3 e)1
b) Street/911 #&Name: jr`?`C?, ;5 :To
,L,L,j1 �rn
c) Roll# 34-01-C oc Cy-, 3 cx,P1 pr)
5. Nature and extent of relief applied for:
M i t n (-- i i
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?
Oh, '`fir-[,'i.41 :ti? 0,-GY i> 11 444 p,-10 1. cj /7-Ji +e%h:f)1 i�,�,_c,
F'f;. fl 3! }—(its !gyp s':i•x• I- 0 0rK..- :�� �'E�r, j"�f/a %(%rte A4,2v-°, hco%;/ole> C%J,
Il .os. - 14,)c2pc a to,
7. Dimensions of the entire subject land affected:
a) Frontage(m) ( r
b) Depth (m) /O(O 1 tl S Jd dt 4)G G d
c) Area(sq.m/ha) , 3, t ,1
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 .: >fr3 7 _ i 1 - 10 x Cr 1,51- tmc
24/05/2017
Minor Variance 2016
13) k)t fle / li-100 (11 co( &vox- 914 Goo r6-5 0/-
e. r v‘verl-iy bov5can3 Ar inly
63) I la 1-5 15 ail ex1S-h-n9 /3 oiitifil /01- oz/Perk, , tvd-4 66,5 IJy
le o 4-1At Siscte ) I-04 ell
5j-c• / 6\• 1/319 oiS ban() ort 1-1Ae- 6'001-h '51 le &Ad- girer41 caw--
Hk- ecz ag- GP A/0 Faun / 4/11
J) 0,14 Vol et cu-e-,11 I Pij wJh 0- 0001 5P a Ce- (.9p
i&O 9/11), noe-46 id/ kla/M and 6vddingr
et) i-gdphokui.5
0- ha, 5 laze.11et Pomily h 0/14 Per atLee oz. Gea-T7/7
'T-6041(ty Tria-r Ldork' ar v5 wood i6e. Aeod /kr&
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5 an .e)f(s ini crrlue, u-A1/
Municipality of Bayham
Application for Minor Variance
Page 3
9. Date of purchase of subject land: l l Gz tl // '3L% ( 7 •
10. Date of construction of all buildings and structures on subject lands: / 7C�
11. Existing uses of the subject property: -,-%.i r,
1 a r ;)r;�
12. Length of time and existing uses to the subject property have continued: 1 f}o ±
13. Existing uses of abutting properties:
a) North
/� �� r"ice� V.
b) East �—
c) South G l m
d) West r 0-1114
14. Services available(check appropriate space(s))
a) Method of Water Supply(if applicable)
Public Water Supply System ❑ Private Individual Well 0.
Private Communal Well ❑
❑ Other(please specify)
b) Method of Sanitary Waste Disposal(if applicable)
Private Septic Tank and Private Communal System ❑
Tile Field System Public Sanitary Sewer System 0
❑ Other(please specify)
/-
15. Present Official Plan designation:
16. Present Zoning Bylaw classification: ) {7y.
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 of a current application of consent/severance?
Yes 0 No
24/05/2017
Minor Variance 2016
6—)
STATUTORY DECLARATION
Uwe, exAa itute z�,11 �� tzr.i a )--i,• of the
Name of Applicants) ,�
ISi)11) ?f- rt�Y1 in the ✓ 'a n t ` 'II- t,,l //?
(City,-Municipality, Tbwn, 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:
rt/IP.E- (City<�IVlunicipality,Town,Township) ) Signature of Applicant or Authorized Agent*
)
in the f )
(QFC vit?j !:'; i L j !�
(County/District/Region) ) / Sig ure of Applicant
this ,.44 day of , 20 / . ) G!J✓l� �'—-'��� Q
Signature of Applicant
j )
A Commissioner, etc. )
* If authorized agent,a letter of authorization from
MARC A:P. T t„„ "Tt'..a Commissioner, etc. the owner of the property must accompany this
( cf the application.
24/05/2017
Minor Variance 2016
f.�
C �
REQUIRED SKETCH FOR MINOR VARIANCE APPLICATIONS
APPLICANT NAME y,},u, y� ,� ,
PROPERTY ADDRESS ii c TT L,50,' f. 1.4
4? FrraCorr-L() 1 jal Aso I Y0
fi Lot ' Concession 5
Roll# 34-01 -�� , .-��;�.�; , �,��•
Registration Plan#: Part Lots:
Quarter of Municipality Lot N.E. ❑ N.W. 0 S.W. 0 S.E. ❑
See Sketch Instructions on the following page.
RETURN THIS SKETCH WITH APPLICATION FORM-
NOTE: WITHOUT A SKETCH AN APPLICATION CANNOT BE PROCESSED
ALL DIMENSIONS MUST BE IN METRIC
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IBI GROUP
203-350 Oxford Street West
tel 519 4472 328 1 ax 519 472 9354
ibigroup.com
Memorandum
To/Attention Municipality of Bayham Date March 26, 2018
From Paul Riley, CPT Project No 3404 - 685
cc William Pol, IBI Group
Subject Froese -Application for Minor Variance to Zoning By-law#Z456-
2003 Lot 7, Concession 5, 54025 Jackson Line
1. We have completed our review of Minor Variance application A-02/18, submitted
by Jaime Froese for lands located at 54025 Jackson Line. The applicant is
requesting a variance to Zoning By-law#Z456-2003 to permit the conversion of
an existing residential dwelling to a supplementary farm dwelling to accommodate
a maximum of ten (10) seasonal farm labourers. A variance is required because a
supplementary farm dwelling is not a listed permitted use in the zone. The
proposed development must conform to the criteria in Section 2.1.10 of the
Official Plan. The subject lands are designated Agriculture, Natural Heritage,
Mineral Aggregate Resource Area and Natural Gas Reservoir on Schedule "Al"
Land Use and Hazard Lands and Significant Woodlands on Schedule "A2"
Constraints in the Official Plan. The lands are zoned Agricultural (Al &Al-A) in
the Zoning By-law.
2. The subject lands have a lot area of 63.9 ha (157 acres), a lot frontage of 560 m
(1,837 feet) and a lot depth of 1,018 m (3,340 feet). The lot comprises a farm
building cluster on Jackson Line at the northwest corner of the lot, including a large
and medium sized barn and a detached garage. The sensitive land uses— Natural
Heritage, Hazard Lands and Significant Woodlands — are located on the southern
portion of the lands removed from the farm cluster. There are existing private water
and sewage services. Surrounding uses are agricultural and residential. There is a
residence and workshop parcel to the west across Jackson Line, with an existing
stand of trees providing visual screening and noise buffering.
3. The Official Plan sets out the following policies with regard to Supplementary
Farm Dwellings in Section 2.1.10:
i. Need: according to the applicant the farm operation grows 22 ha (56
acres) of hand-picked vegetables requiring twenty-four (24) workers and
has accommodation for up to six (6) labourers on a separate parcel. The
existing dwelling can accommodate up to ten (10) workers as warranted
by the size and scale of the farm operation. Eight (8) workers are
accommodated elsewhere.
ii. Existing Dwelling: the applicant has indicated that the farm operation
has an existing accommodation for up to 6 labourers on another parcel
but that an additional eighteen (18) labourers are needed for the labour
IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies
IBI GROUP MEMORANDUM 2
Municipality of Bayham—March 26,2018
intensive crops being cultivated. The applicant wishes to house a family
of seasonal farm labourers in the existing dwelling.
iii. Location: The proposed location of the dwelling has an existing access
to Jackson Line. The roadway is flat and straight, with minimal traffic as
Jackson Line ends 100 m (328 feet) west. From a desktop review of
recent aerial photography and Google Streetview imagery, there is
adequate natural landscape screening and buffering between the farm
house cluster and the nearby neighbours.
iv. Size and Type: the proposed supplementary dwelling is two-storeys in
height and has a floor area of 153 m2 (1,646 ft2). The existing floor area
meets the preferred maximum floor area of 167 m2 for permanent
dwellings. The Elgin St. Thomas Public Health and Chief Building
Official shall inspect the dwelling to ensure it meets health and building
code requirements prior to occupancy.
v. Services: The applicant indicates that a well was installed less than five
years ago and that the septic system is functioning properly. The
applicant shall provide confirmation that the septic system capacity and
well are sufficient to meet provincial standards.
vi. Vehicular Access: The proposed location has existing access from
Jackson Line, a local road which is flat and straight and from a desktop
review of recent Google Streetview imagery has 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.
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 dwelling.
6. Based on our review we would have no objection to the requested minor variance
to permit an existing two-storey dwelling as supplementary farm dwelling for a
maximum of 10 seasonal farm labourers on the property where the following
conditions have been fulfilled:
i. That the Elgin St. Thomas Public Health provide written
assurance that the dwelling satisfies health and safety
requirements.
ii. That the Chief Building Official provide written assurance that the
dwelling satisfies safety and building code requirements.
iii. That the owner enter into an agreement with the Municipality for
terminating the supplementary farm dwelling use no more than 6
months after the existing vegetable farm operation has ceased;
that the buildings and site be maintained in accordance with the
IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies
IBI GROUP MEMORANDUM 3
Municipality of Bayham—March 26,2018
By-laws of the Municipality of Bayham; and that the owner agree
to limitations on the time and use of the dwelling not to exceed 8
months of the year during the farming season.
iv. 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 dwelling.
?aul
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
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2018-049
A BY-LAW TO AUTHORIZE THE EXECUTION OF A
DEVELOPMENT AGREEMENT BETWEEN
JAIME AND MARIA FROESE 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 Jaime and Maria Froese are the owners of lands in Concession 5 Lot 7, known
municipally as 54025 Jackson 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-02/18, 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 BAYHAM
ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and are hereby authorized and directed to execute the
Development Agreement with Jaime and Maria Froese 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 5th DAY OF APRIL
2018.
MAYOR CLERK
Development Agreement— Froese 1
SCHEDULE 'A' TO BY-LAW 2018-049
DEVELOPMENT AGREEMENT BETWEEN
JAIME AND MARIA FROESE
AND
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
FOR LANDS LOCATED AT
54025 Jackson Line, Concession 5 Lot 7
Municipality of Bayham, County of Elgin
Development Agreement— Froese 2
THIS DEVELOPMENT AGREEMENT made in duplicate this 5th day of April 2018.
BETWEEN:
JAIME AND MARIA FROESE
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 7 Concession 5, more particularly described in Attachment "A"
attached hereto (and hereafter referred to as the "Lands");
AND WHEREAS the Owner intends to deem one (1) existing dwelling as a supplementary farm
dwelling in accordance with the Conceptual Site Plan attached hereto,as Attachment"B"(hereafter
referred to as the "Plan");
AND WHEREAS the Municipality, as a condition of the location of the supplementary farm dwelling
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) supplementary farm dwelling exists to house up to ten
(10) seasonal farm labourers and is located on the Lands in general accordance with the
area identified on the attached Plan.
2. The Owner shall remove the supplementary farm dwelling 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 vegetable 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— Froese 3
3. The Owner shall only permit the supplementary farm dwelling to be occupied by any
persons between the time period of April 1St through to November 30th in any calendar year,
being maximum eight (8) month occupancy.
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 provide written confirmation from the authorizing agency, to the satisfaction of
the Municipality, that the existing septic system has sufficient capacity and is
operating properly, and;
c) To provide written assurance that the dwelling satisfies safety and Ontario Building
Code requirements
5. The Owner further agrees:
a) 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;
b) 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.
c) The Owner shall be responsible for consulting with and obtaining any and all necessary
approvals from the Elgin St. Thomas Public Health.
d) 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.
e) 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.
f) 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
Development Agreement— Froese 4
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.
g) 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
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.
h) 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.
i) 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.
j) 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.
k) 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.
I) 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.
m) 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,
Development Agreement— Froese 5
to enforce its provisions against the Owner, named herein, and any and all subsequent
Owners of the land.
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) Jaime Froese, Owner
Witness (signature) Maria Froese, Owner
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Paul Ens, MAYOR
Paul Shipway, CAOICLERK
Development Agreement— Froese 1
ATTACHMENT 'A'
Roll #3401-000-003-00700
Legal Description: Concession 5, Lot 7, Municipality of Bayham,
County of Elgin
Municipal Address: 54025 Jackson Line
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REPORT
DEVELOPMENT SERVICES
-pul'tunity
TO: Committee of Adjustment Members
FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment
DATE: April 5, 2018
REPORT: DS-25/18 FILE NO. C-07 / D12.HART
Roll #34-01-002-001-44800
SUBJECT: Committee of Adjustment - Minor Variance—A-03118 Hart, S & L
BACKGROUND:
Lisa and Steve Hart have submitted a minor variance application for their 1011.71 m2 (10,890
ft2) property located Lot 38 Plan 12, village of Port Burwell. The property is designated
"Residential" on Schedule "D" Land Use and Constraints in the Official Plan. The lands are
zoned Village Residential (R1) in the Zoning By-law Z456-2003.
The purpose of the variance is to grant relief from the Zoning By-law regulations Section 10.9.3
Village Residential (R1) Zone for exterior side yard setback of 2.0 m (6.5 feet) whereas 4.5 m
(14.7 feet) is the required minimum, for a property with 1,011 m2 (0.2 acres) of land property
located on the west side of Chatham Street and north side of Southey Street known as 35
Chatham Street.
The effect will be to maintain the existing setback deficiency for a new dwelling.
DISCUSSION:
The owners are proposing to demolish and replace the cottage. The new dwelling would
maintain the existing exterior side yard setback of 2.0 metres (6.5 feet) where 4.5 metres (14.7
feet) is the minimum in the Village Residential (R1) zone and bring the interior side yard setback
into conformity.
Staff and planner concur the application meets the criteria as outlined in the planner's
memorandum attached to this report and recommend the Committee's approval.
ATTACHMENTS
1. Application for Minor Variance A-03/18 Hart
2. IBI Memorandum dated March 29, 2018
Staff Report DS-25/18 Hart Page 2
RECOMMENDATION
"THAT the Committee of Adjustment Secretary-Treasurer's report DS-25/18
regarding the Hart 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-03/18 submitted by Lisa and Steve Hart, 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 10.9.3 — Minimum Side Yard Width -to permit the replacement of
the single detached dwelling on a corner lot maintaining the existing side yard
setback of 2.0 metres (6.5 feet)where 4.5 metres (14.7 feet) is the minimum
required in the Village Residential (R1) Zone
Respectfully Submitted by: Reviewed by:
Margare Underhill 'a S
SecretarylTreasurer Committee of Adjustment CA* erk
File No. A- C V/y
0
r� ® APPLICATION FOR
MINOR VARIANCE
Planning Act, R.S.O. 1990, O. Reg 200/96 as amended
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 /moi SLL °,i 5 e.ve,
b) Mailing Address 5c75�'/�1 /---//C��)6Va 5q /1,�
l� cd th-c�� GAJ ri'v, iW 711//
c) Telephone No. Home: )9_ 531 575'7 Work: 579- Fc,S)- Z5
d) Email Address hart exc @ I' filly I . CO 1.1-‘
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 USE ONLY
Application No 0-31/8. File No:Qia./Jff7 Date/Time of Meeting:
ert/
Date Receiveo' /' axda/ Fee Received: o 00 '- • e s
Deemed Corriplete: Receipt#: 0). k>11:_ -' • •
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#: -01- 38 Pion )<�
b) Street/911 #&Name: u -l�t�� ��}f e e t, I� rt f I,rrk' -))
c) Roll# 34-01- 60,Q col 9 4L goo 0000
5. Nature and extent of relief applied for:
c:.r / .0 h €On, 0r S;CLL (lord kbcell z tvt_
1. S c4 w' ( :- 9 :3 ( C,C,ori✓t� (Y\i rrl t(IAu� u J Y+� a�i i"�'t1v t ✓ t i C:
•eG - and sides and cY '►er 5 (Int wtur✓1 i . vvx - ir-Lv7
OTE: 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?
n eoo:_) /h. 10 rn lir Y)c5li c oe n 1+ cwt e v 1i (avixowilstti
- denMo uor\ 1+ CO-F+o ( sawc, Tu lY\CO�rrz�' rad i n� u
G7-' b✓ie-c
C� ((�t nlviCj �o}�ef`{�-� � � i),a�r�;n 9 �-�"� �"�tic':-t,�-r "�_ 104-I
/lxrrce' 1;i -I-h tinct-4Nick e'f bd r,t 10 r"<7 and n iT11/10"r et'erkr Siz
7. Dimension's of the entire subject land affected: Se/bt[lc aa-r- d.oryt(jayrre,asortyr.ic/oneaf
a) Frontage(m) 20. 1) h8 .O0 -�r
b) Depth (m) � 292 it 065.00 65.00 .? )
c) Area(sq.m/ha) /u)).71`f ) 5 , t� wlw.('�'
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 Co cu 90 ._, f4
b) Proposed - jut L to AveV41‘. c6 2- E u-A-rt-F CyVA(LA Gs" rrri�
_(5o e u,:teiffr, ccs Of�J i.no-4 l t pili j -
etCl
dei)
24/05/2017
Minor Variance 2016
Municipality of Bayham
Application for Minor Variance
Page 3
9. Date of purchase of subject land: J
bo-) 2,.o 10
10. Date of construction of all buildings and structures on subject lands: 19 7V
11. Existing uses of the subject property: Co 17-a_3e, rrS1 eof 6-at on
12. Length of time and existing uses to the subject property have continued: .pr e,-\4 &Ot' t-
13. Existing uses of abutting properties:
a) NorthsI i4-
)--fit--b) East I'
c) South r
d) West
14. Services available(check appropriate space(s))
a) Method of Water Supply(if applicable)
Public Water Supply System Q 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 11V----
❑ Other(please specify)
15. Present Official Plan designation: CS_l av'tv� c_
16. Present Zoning Bylaw classification: \ (1 tux9-c (2-kS I c)er -j-
17. Has the owner previously applied for a minor variance in respect to the subject property?
Yes 0 No It
If Yes, describe briefly:
18. Is the property the subject of a current application of consent I severance?
Yes 0 No lid
24/05/2017
Minor Variance 2016
w
STATUTORY DECLARATION
I/We,
Lisa_ 71eof the
i A 1 Name of Applicant(s)
vv0CACiD2 &t_c h((& lauI.S> in the at/tr/. 07//� vi�}
� .
(City, Municipality, Town, Township) (Coup /District/Region)
SOL / 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:
A(///C• _ //
(City, Municipality,frown,Township) ) Signa re ,f Applicant or Aut►.r'red Agent*
in the m0,7 r t de 6-' , ) l'
(County/Di trict/Region) £ ) Signature of Apnlieant We've h a r1fr"
this -75dayofff(0____/-___(L20( 0 )
Signature of Applicant Z./34 34//a r f—
A Commissioner, etc. )
MARGARET UNDERHILL,n Comtzatssioner, etc. * If authorized agent,a letter of authorization from
Cierk of the Corporation of the the owner of the property must accompany this
Mt E..icipw!ity of i<ayhar+. application.
24/05/2017
Minor Variance 2016
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��I IBI GROUP
I B I 203-350 Oxford Street West
London ON N6H 1T3 Canada
tel 519 472 7328 fax 519 472 9354
ibigroup.com
Memorandum
To/Attention Municipality of Bayham Date March 29, 2018
From Paul Riley, CPT Project No 3404 - 687
cc William Pol, IBI Group
Subject Lisa and Steve Hart-Application for Minor Variance to Zoning
By-law#Z456-2003 Lot 38, Plan 12, 35 Chatham Street, Port
Burwell
1. We have completed our review of Minor Variance application A-03/18, submitted
by Lisa and Steve Hart for lands located at 35 Chatham Street, Port Burwell. The
applicant is requesting a variance to Zoning By-law#Z456-2003 to grant relief
from regulation Section 10.9.3, for a side yard setback abutting a street of 2.0 m
(6.5 feet) where 4.5 m (14.7 feet) is the required minimum. The applicant wishes
to construct a new dwelling to replace a dilapidated dwelling with an existing
setback deficiency. The subject lands are designated "Residential" on Schedule
"D" Port Burwell: Land Use and Constraints in the Official Plan. The lands are
zoned Village Residential (R1) and are located on Schedule "I" Port Burwell of the
Zoning By-law. Residential use is a permitted in the R1 Zone.
2. The subject lands have a lot frontage of 20 m (66 feet), lot depth of 50 m (165 feet)
and lot area of 1,011 m2 (0.2 acres). It is located in the village of Port Burwell and
is adequately serviced with public water and sewer. There is an existing dwelling
on the lands. 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, when considering an application for a
minor variance to the Zoning By-law. The following sets out the analysis of these
tests:
• Is the variance minor in nature?
The requested variance is to permit a new dwelling to be constructed with a
side yard setback abutting a street of 2.0 m where 4.5 m is the required
minimum. The existing dwelling is not square on the lot and both side yard
setback is deficient. The new building maintains the existing setback and
brings the interior setback into conformity. Port Burwell Provincial Park is
situated to the west, limiting the extension of Southey Street, reducing the
likelihood that the setback would impede future road works. The variance is
minor in nature due to improving the setback on the north side and the
unlikelihood of impacting future road works.
• Is the variance desirable for the use of the lands?
IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies
IBI GROUP MEMORANDUM 2
Municipality of Bayham—March 29,2018
The current dwelling on the lands is in a state of disrepair and the owners
would like to replace it with a new structure. The existing dwelling is not
square to the front yard, encroaches into the interior side yard setback and
the exterior side yard setback. The replacement of older residential building
stock improves the visual amenity and building quality for the village. The
surrounding uses are residential and the proposed one-storey dwelling fits in
with the character of the neighbourhood. Therefore the variance is desirable
for the use of the lands.
• Does the variance maintain the general intent and purpose of the Zoning
By-law?
The general intent of the setback is to ensure there is adequate setbacks next
to the corner lot at the intersection. The existing dwelling extends into the side
yard the same distance as requested. All the other lot size and setbacks
regulations are adequate and the new building will eliminate setback
deficiencies on the other side of the lot. Based on the minor nature of the
variance request and conformity with the other zoning regulations the general
intent and purpose of the Zoning By-law is maintained.
• Does the variance maintain the general intent and purpose of the
Official Plan?
The intent of the "Residential" land use designation is to allow Village
Residential uses and recognizes the single detached dwelling as a
conforming land use. Infill of new building stock on municipally serviced lots
is encouraged. The intent of the Official Plan is maintained to allow a reduced
side yard for a residential dwelling.
7. Based on our review we have no objection to the requested minor variance to a
side yard setback on a public street of 2.0 m to permit the replacement of the single
detached dwelling.
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