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HomeMy WebLinkAboutMay 17, 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, May 17, 2018 8:00 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-04/18, Abe and Charlotte Wall Request to grant relief from the Zoning By-law regulations Section 24.6 for front yard depth of 10.6 m (35 feet) whereas 15.0 m (49 feet) is the required minimum; Section 24.8 for rear yard depth of 0.6 m (2 feet) whereas 4.0 m (13 feet) is the required minimum; Section 4.22.1 b) for setback from the centre line of the right-of-way of a County road of 20.0 m (65 feet) whereas 26.0 m (85 feet) is the required minimum; and Section 4.32.2 parking required for a nursing home of six(6)spaces whereas ten (10)spaces are required. The variance is needed to permit a rest home in the Institutional (I) Zone in an existing building located on the east side of Plank Road and north side of First Street known as 9344 Plank Road. 5. STAFF PRESENTATION A. Staff Report DS-34/18 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment re Committee of Adjustment— Minor Variance —A-04/18, Wall, A & C 6. PRESENTATIONS BY APPLICANT/AGENT 7. PUBLIC SUBMISSIONS 8. COMMITTEE QUESTIONS AND DISCUSSION 9. DECISION OF COMMITTEE (Motions) 10. ADJOURNMENT vo, YHA AI „►,.,,� NOTICE OF A PUBLIC MEETING L �►' CONCERNING A PROPOSED MINOR VARIANCE o fr� IN THE MUNICIPALITY OF BAYHAM { ApOrtunity Ise°s APPLICANT: ABE AND CHARLOTTE WALL TAKE NOTICE that the Municipality of Bayham has received a complete application for a Minor Variance (Application A-04/18). TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday May 17th, 2018 at 8:00 p.m. in the Municipal Council Chambers in Straffordville to consider a proposed minor variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT. THE PURPOSE of the variance is to grant relief from the Zoning By-law regulations Section 24.6 for front yard depth of 10.6 m (35 feet) whereas 15.0 m (49 feet) is the required minimum; Section 24.8 for rear yard depth of 0.6 m (2 feet) whereas 4.0 m (13 feet) is the required minimum; Section 4.22.1 b) for setback from the centre line of the right-of-way of a County road of 20.0 m (65 feet) whereas 26.0 m (85 feet) is the required minimum; and Section 4.32.2 parking required for a nursing home of six (6) spaces whereas ten (10) spaces are required. The variance is needed to permit a rest home in the Institutional (I) Zone in an existing building located on the east side of Plank Road and north side of First Street known as 9344 Plank Road. THE EFFECT will be to recognize the setback deficiencies for the existing building and existing parking deficiency. 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 27th day of April 2018. KEY MAP MUNICIPALITY OF BAYHAM 7 L_ 1r11 Margaret Underhill r _._I Deputy Clerk / Planning Coordinator 1 Municipality of Bayham 11 P.O. 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OF p coT/A C N mom' Ego > ❑ T ONN�CVNF i A • N \J O Y p 57 --_--,___..- • m Q a 82g O . I ,��.M�' ~ °z ❑ 6 CEN : m ` 6) < 091 FR/F ❑ ®13 PROVINCIAL', O O CINE PARK Li. 6>828i - t- LIN : 3 PART BURWELL' --.: "" Cy 54 s.,9 ""',N .'. a.. �:;„.,x., s _ s_, ...wen,.".w , e. 0'....,„„„;:;,„„,,i.: r :b, ,, . ... E REPORT oma,----- - - 4‘.� DEVELOPMENT SERVICES punity Is�� TO: Committee of Adjustment Members FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment DATE: May 17, 2018 REPORT: DS-34/18 FILE NO. C-07/ D12.WALL Roll #34-01-000-004-19902 SUBJECT: Committee of Adjustment - Minor Variance—A-04118 Wall,A & C BACKGROUND: Abe and Charlotte Wall have submitted a minor variance application for their 1699 m2 (0.4 acre) property located Lot 2 and 3 and Part Lot 4 Plan 205, village of Straffordville. The property is designated "Institutional" on Schedule "C" Straffordville: Land Use and Constraints in the Official Plan. The lands are zoned Institutional (I) on Schedule "F" Straffordville of the Zoning By-law Z456-2003. A rest home use is a permitted use in the Institutional Zone. The purpose of the variance is to grant relief from the Zoning By-law regulations Section 24.6 for front yard depth of 10.6 m (35 feet) whereas 15.0 m (49 feet) is the required minimum; Section 24.8 for rear yard depth of 0.6 m (2 feet)whereas 4.0 m (13 feet) is the required minimum; Section 4.22.1 b) for setback from the centre line of the right-of-way of a County road of 20.0 m (65 feet) whereas 26.0 m (85 feet) is the required minimum; and Section 4.32.2 parking required for a nursing home of six (6) spaces whereas ten (10) spaces are required. The variance is needed to permit a rest home in the Institutional (I) Zone in an existing building located on the east side of Plank Road and north side of First Street known as 9344 Plank Road. The effect will be to recognize the setback deficiencies for the existing building and existing parking deficiency. DISCUSSION: The owners are planning to sell the property and are requesting variances to acknowledge existing setbacks for the planned change of use to a rest home for seniors. The future use of the building requires recognition of the existing deficient setbacks in order to provide for legal change of use. 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. Staff Report DS-34/18 Wall Page 2 The future owners are planning to approach the Municipality to discuss the potential to lease parking spaces on the north side of the property to meet the needs of the rest home. Another option they may explore is to expand the paved parking area on the south side of the building. Both options will be discussed once the ownership has changed and the development is moving forward. ATTACHMENTS 1. Application for Minor Variance A-04/18 Wall 2. IBI Memorandum dated May 2, 2018 3. Public Comment - Email dated May 6, 2018 — C. Stewart, 9339 Plank Road RECOMMENDATION "THAT the Committee of Adjustment Secretary-Treasurer's report DS-34118 regarding the Wall 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 variances meet Section 45.1(1) of the Planning Act and the variances are considered minor; THEREFORE application A-04/18 submitted by Abe and Charlotte Wall, 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 24.6 Minimum Front Yard Depth of 10.6 m (35 feet)whereas 15.0 m (49 feet) is the required minimum • Section 24.8 Minimum Rear Yard Depth of 0.6 m (2 feet)whereas 4.0 m (13 feet) is the required minimum • Section 4.22 Minimum Setback from Arterial Roads (Streets) Subsection 4.22.1 b) County Road: Setback from centre line of the right-of-way of a County Road of 20.0 m (65 feet)whereas 26.0 m (85 feet) is the required minimum, and; • Section 4.32.2 Parking required for a Rest Home of six(6)spaces whereas ten (10) spaces are required To permit a change of use in the Institutional (I) Zone for an existing building from a municipal office to a rest home for seniors with 16-20 beds and common kitchen, dining and recreation facilities. Respectfully Submitted by: Reviewed by:• Marg_ et Underhill SecretarylTreasurer Committee of Adjustment CAOICIer . '4111. x_ File No. A- 0 18 Q of APPLICATION FOR tr MINOR VARIANCE APR 2 0 2018 Planning Act, R.S.O. 1990, O. Reg 200/96 as amended MUNICIPALITY OF BAYHAM The undersigned hereby applies to the Committee of Adjustment for the MUNICIPALITY OF BAYHAM 56169 Heritage Line P.O. Box 160 STRAFFORDV/LLE, 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 Abp r C,1i 16 it e— M.(1 b) Mailing Address 16.46 6QreY5 R��(1<d rom a PUT-- 1 NO c) Telephone No. Home: 51Cj ,'35�7q Work: 511,713- 1.311 S q C 151 11551' d) Email Address alor6han'15 610 S @ OA( al COM\ Fax No. 2. SOLICITOR/AUTHORIZED AGENT a) Name b) Mailing Address c) Telephone No. Home: Work: d) Fax No. Send correspondence to: X Owner(s) Solicitor/Authorized Agent FOR OFFICE USE ONLY Application No.: /9- oq/// File NoTO, / Date/Time of Meeting: Date Received:, o//g Fee Received: 6000 Paid By: ighe{Ocqrlo ffe Deemed Complete: Receipt#:09-7 3(pyo Committee Decision: 24/05/2017 Minor Variance 2016 Municipality Application for Minor Variance Page 2 - J. Names and address of any mortgages, holders and charges or other encumbrances: ' Name Address ~~z� ---- ------- ------- ----- -_ --"" 4. Location of Land a) Lot and Plan or Concession W OlreaK911 #& NomeV�� tki /1-e°/^ . rot( 1-W11# 34-01- omo - oo9'- /��� --------- ----- /p' S. Nature and extent of relief applied 1er SCC.../701'' q di9"114)1111'114Writ..red.ht(ii 4/(//4//6c1/ .‘9 ''-'7 (:;7 0 rr-7 .� ~ ' 5 173/ u) u/ / '(J/7 -'/ /(7�yyc � />�� ��� ` , ~� �. 6.' rny is it not possible to comply wiTh the provisions of the Byiaw? 4cf. 7. Dimensions of the entire subject land affected: -- a) Fmnmge(n) - -26___ __ - --- ----- -- b> Depth (m) Li6, 2fi8if ^� J - -_ c) Area (`qm /ha) [ ��q �� � � -�-- ' /. '^ J* 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 �z , / /`` �^~ ~ / yr'-a 7(171 (e 15( r''''~/ ~)�/ � - / ^- ' ~ ! - + /ly ' � -r/ �*'°� — FY' /?in i^/ `�4 /�. / ^rt .~4 b) Proposed /\/� � '» P-C____. .'���� 24/05/2O17 Raw.Variance 2o1G Municipality of Bayham Application for Minor Variance Page 3 9. Date of purchase of subject land: !_;044� /y'',bE r �1 q a.0� )-7 j 10. Date of construction of all buildings and structures on subject lands: roc 71U /q � 11. Existing uses of the subject property: VQ1/ (t-tri f 47574 onna/ zoric'd bi. //11 ) leirMec /YILI`li9a7 12. Length of time and existing uses to the subject property have continued: 5 j I9s�' 13. Existing uses of abutting properties: a) North b f��(\' /NS¢iA/,civtal b) East c) South bIGt(!%,�It; / 1n'1cc," /Q d) West (�� ic((;n}i( l a / 14. Services available(check appropriate space(s)) a) Method of Water Supply(if applicable) Public Water Supply System 0 Private Individual Well /l Private Communal Well ❑ 0 Other(please specify) b) Method of Sanitary Waste Disposal (if applicable) Private Septic Tank and Private Communal System 0 Tile Field System ❑ Public Sanitary Sewer System 'SI 0 Other(please specify) 15. Present Official Plan designation: /7151/7114.7 .1) a 16. Present Zoning Bylaw classification: pyo.}14 irjyy ' (—L) 17. Has the owner previously applied for a minor variance in respect to the subject property? Yes 0 No tj If Yes, describe briefly: 18. Is the property the subject of a current application of consent/severance? Yes 0 No Lel 24/05/2017 Minor Variance 2016 STATUTORY� / DECLARATION _ 0�� i +1 be, 0.r of G-I'1<<t►�►I e_ (AlC (( of the c.�� lName of Applicant(s) r'(i\Nc•(N in the E\ G .. (City!\, Municipality, Town, Township) (Coui-1tf\y/District/Region) SOLEMNLY DECLARE / AFFIRM THAT to the best of mygknowledge 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 OP 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. •:Iso agree to accept all costs as rendered; AND 410 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�� /c o//y c g 1 oy4/4 (City, Mlunicipalityown, Townshi ) Signature of Applicant . A uthorized Agent in therOz,0/ ,/ 6L ./dI ) 4110*-- or (Count /Di rict/Region)) ) Signature of Applicant this i'7`(--/ day of ,//�S / � , 20 /7 ) ��C .„ J Q , Signature of Applicant % ,, A Commissioner, etc. ) MARGARET UNDERHILL,n Commissioner, eta * If authorized agent, a letter of authorization from Deputy Clerk of the Corporation of the the owner of the property must accompany this 111tanicip ty of kaylu m. application. 24/05/2017 Minor Variance 2016 FIRST STREET 4:C015 40.240 METERS 6 SKETCH OF 9344 PLANK ROAD BAYHAM NOT TO SCALE PARKING 1-3 PARKING 4-6 Lir LOADING ZONE.. EDOXIWT .,.. `ti./ �_,, NORTH o � r o c7 2 rn cep, M w ti CI v D ar-lir tf ru Oi M DORNCE / Nib OM gr-r LOOK Daumx MO OM MEM 9i'-L` 33.527 METERS T IBI GROUP 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 May 2, 2018 From Paul Riley, CPT Project No 3404 - 690 cc William Pol, IBI Group Subject Abe and Charlotte Wall -Application for Minor Variance to Zoning By-law#Z456-2003 Lot 2, 3, Part Lot 4, Plan 205 Part 1, 11 r- 10085, 9344 Plank Road, Straffordville 1. We have completed our review of Minor Variance application A-04/18, submitted by Abe and Charlotte Wall for lands located at 9344 Plank Road, Straffordville. The applicant is requesting a variance to Zoning By-law#Z456-2003 to grant relief from regulation Section 24.6 for front yard depth of 10.6 m (35 feet)whereas 15.0 m (49 feet) is the required minimum; Section 24.8 for rear yard depth of 0.6 m (2 feet) whereas 4.0 m (13 feet) is the required minimum; Section 4.22.1 b) for setback from the centre line of the right-of-way of a county road of 20.0 m (65 feet) whereas 26.0 m (85 feet) is the required minimum; and Section 4.32.2 parking required for a rest home of six (6) spaces whereas ten (10) spaces are required. The variance is to permit a change of use in the Institutional (I) Zone for an existing building from a municipal office to a rest home for seniors with 16-20 beds and common kitchen, dining, and recreation facilities. The subject lands are designated "Institutional" on Schedule "C" Straffordville: Land Use and Constraints in the Official Plan. The lands are zoned Institutional and are located on Schedule "F" Straffordville of the Zoning By-law. A rest home use is a permitted in the Institutional Zone. 2. The subject lands have a lot frontage of 42 m (138 feet), lot depth of 33 m (108 feet) and lot area of 1,699 m2 (0.4 acres). It is located in the village of Straffordville and is serviced with public sewer and private well. The existing building has been vacant since the Municipality of Bayham office was relocated in January 2017, the building dates to approximately 1955. Surrounding uses are institutional, residential and commercial. 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 change of use for a parcel with an existing building with reduced setbacks and parking. Rest home is a listed IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies IBI GROUP MEMORANDUM 2 Municipality of Bayham—May,2,2018 permitted use in the Institutional zone. The reduced front yard, rear yard and county road setbacks are existing. Parking is available along the south of the parcel accessed from First Street. Additional parking is proposed to be accommodated by way of agreement with the Municipality for shared parking on the public utility lot to the north where there is adequate land area and road access to accommodate additional parking for the rest home. The minimum front yard depth of 15.0 m is required for institutional lots abutting commercial or industrial zones. The lands to the west and south are zoned Commercial/Residential (C1/R1). In all other cases, i.e. not abutting commercially zoned land, the minimum front setback is 7.5 m (24 feet), therefore, the reduced setback of 10.7 m is minor in nature. Rear yard setbacks provide separation from abutting uses to ensure safety and privacy. There is a residential dwelling lot to the rear of the subject site fronting on First Street. From a desktop review using Google Earth, there is approximately 6.0 m (20 feet) between buildings, some tree/landscape/fence separation in the front and a shed screening the back of the dwelling from the grassed area north of the subject site building. The amenity areas are on the north and south west of the building. Based on the existing screening and outdoor amenity area separation from the dwelling to the east, the reduced rear yard is considered minor in nature. The variances are minor. • Is the variance desirable for the use of the lands? The variances in setback and parking are intended to facilitate a change in permitted use. This lot is appropriate for the main use of a rest home for seniors. Bayham has a sizable population of seniors looking to age in the community. The cost of constructing a new building limits the ability to develop this type of housing in the area. There is a lack of this form of housing in the area and of a new location for senior living in an existing building is a desirable use of the lands. • Does the variance maintain the general intent and purpose of the Zoning By-law? The intent of Section 4.22 county road setback is to reduce the impact of development on roads with higher volumes of traffic that may include increased speeds and also may require wider right-of-way widths. Vehicle speed is lower within the village of Straffordville and the access and parking is from First Street which is a municipal road with adequate sightlines, therefore, the reduced setback of 20.0 m is in keeping with the intent and purpose of the Zoning By-law. The parking is 40% below the minimum, however, additional parking is to be accommodated by way of agreement with the Municipality to share parking on the public utility lot to the north. IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies IBI GROUP MEMORANDUM 3 Municipality of Bayham—May,2,2018 Based on the existing setbacks and an additional parking agreement 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 "Institutional" land use designation is to allow institutional uses as the main permitted use. The intent of the application is to allow a rest home for seniors in an existing building. Section 4.2 encourages intensification and redevelopment within settlement area boundaries on vacant or underutilized sites in order to efficiently utilize designated settlement area land and available municipal services. The proposed institutional use for the existing building with reduced front yard, rear yard, County Road setbacks and parking is in keeping with the intent of the Official Plan. 7. Based on our review we have no objection to the requested minor variance to reduced front yard, rear yard and county road setback and parking to permit the change of use to a rest home for seniors. ?a4/11 G . 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 Marg Underhill From: Cindy Stewart <cin_stew@hotmail.com> Sent: Sunday, May 6, 2018 8:26 PM To: Marg Underhill RECEIVED Subject: Minor Variance MAY 072018 Hello, We fully support this variance and the purpose. MUNICIPALITY OF BAYHAM It is what I was hoping for! 2 �} 6 i� f / Regards 0,0Per e 7(�✓3 l� /Z, Cindy Stewart Sent from my iPad BEGIN-ANTISPAM-VOTING-LINKS Teach Canit if this mail (ID 09VHcpUxX) is spam: Spam: https://emailfilteringservice.net/tuc/b.php?c=s&i=09VHcpUxX&m=6b9b0adf39ed&rlm=bayham-on- ca&t=20180506 Fraud/Phish: https://emailfilteringservice.net/tuc/b.php?c=p&i=09VHcpUxX&m=6b9b0adf39ed&rlm=bayham- on-ca&t=20180506 Not spam: https://emailfilteringservice.net/tuc/b.php?c=n&i=09VHcpUxX&m=6b9b0adf39ed&rlm=bayham-on- ca&t=20180506 Forget vote: https://emailfilteringservice.net/tuc/b.php?c=f&i=09VHcpUxX&m=6b9b0adf39ed&rlm=bayham-on- ca&t=20180506 END-ANTISPAM-VOTING-LINKS 1