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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& ! 1 (3 111n9if)c-G5a- Neoteli? LO-e--' 11 444'5 • rie dct gul — ft hO 5/errd properli aniis ed 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 14 , I I 5-- cr. ass yi‘ 11-,:-.-.4.1.-6-:11/8:011"k 061V r , ol- - gill, ' N, 1.51 rn -Fa) F-161..D a ' ___. _ 390),..1 . k ci,,a -,;s 0 I .. . 1 s 4 , ) 1 1 cg' prernet . il cl,e/Ice W, -4N V " nce-- I \ : ,j)‘sst. (40 j -'71N, ., --g f'f-lari ,-, "41 W i 1 ( ii Po 1 1 0 1 k\ 1 ,,,-, Ili 1 1 1 ) .) 1 , 1 , ' 1 i ,// / , I i • i , h 6-TA cuL-n)got 1 I F ELD 1 SS et.x.r-e- ptepedii 1 1 i I t • 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 PIN # /7%/q-c/irn te r- .60 ., t .3-AC,Kow 4NE -i. 494 494 3 /11 +0 FI5-1,.0 C) ,_L_•_ 1 1, , ipm,,,, i /:I , ± 3q 0 '_ , 0 � o. 1,41-E4 - / A U : 171:..); :" f � J 1' c2e P r Or V V: 4 b i . d 3 • � ` I ' NJ \ i 4 - - C, AtiACIE ;6 1 C3‘; h 1 7Q i t ill ( t Thol(ZtCUL.TuR$L F,ELPIA 1 SS prem vAYH4 4"* �r 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 5 o tA 721&YS-7-/e&.--0-- 7- ocopi.R—,'LINE LI) 0 t 0 Of i T'nc-1 /`• C.J.:A4-Gici c- 35" , .... I- 0/4/n 7i-Mai Yr — tfo r) cDoed tit 1 , Lli 0 ce 111 COIr\%;\\6(1C-41'6" I- 14' ci) tO ig; .0. 2 lo , E ict 44) 04 1 ia. 2a-0" UI 1 , i r..0-sEr8Afx, Z 4 1 4 N li 1 j II O j V 0 Z ! _.4 1 5 I ?- Ca i 4 9 i Ul I '02 tab*li 1 a 1 1 1 , 1 i V , 1 i' I E PROPERTY LINE\ 7k ),..4.( .k t\-)G.-' i'. SITEFLAN t L.5 i OE -rrO L — T7 CA-\-erTH Prrc-• 0 6 ,, ,,,, . . .• • -- - . .i., A$ I., ,, .,.., ,• - ,•• •_•,.,:t,...„:„.„ , rSy;�l�N.r' ... rQ :'•--f,4St : • t qtr R • , • ', ' -1'(''9''' ''47'147A'•4/N''','',.4 Y. ` 4Aa • $ h 3 Aa a wi , t,•+� 1 `iTrr a� ! . wO � r , M#k '‘yt F f n " .,� ,. c ✓art y'' 0•(711,1.ir r SS.�l�lT 1j, '§ ItL r • -,`4i,".,',5.,!..%'!';,,:',:',."3• :-,,,' t J1i S ,r ! i n.,-••4 , 41};11( Y _ _ �. . i 00 k,„-‘y L,-'-c' .-. `r t `1 ��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