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HomeMy WebLinkAboutJune 07, 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, June 7, 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-05/18, Knifton W & D Request to grant relief from the Zoning By-law regulations Section 4.2 b) for front yard setback of an accessory building of 4.5 m (14 feet) whereas 7.0 m (23 feet) is the required minimum; Section 4.2 c) to allow an accessory building in a front yard; and, Section 10.11 a) setback for an accessory building of 4.5 m whereas 6.0 m (19 feet) is the required minimum, fora 62 m2 (762 ft2) detached garage/storage shed on a 0.48 ha (1.19 acres) property located on the south side of Old Mill Line and the west side of Plank Road known as 55557 Old Mill Line, Vienna. 5. STAFF PRESENTATION A. Staff Report DS-36/18 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment re Committee of Adjustment Minor Variance —A-05/18, Knifton, 55557 Old Mill Line 6. PRESENTATIONS BY APPLICANT/AGENT 7. PUBLIC SUBMISSIONS 8. COMMITTEE QUESTIONS AND DISCUSSION 9. DECISION OF COMMITTEE (Motions) 10. ADJOURNMENT NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM PpOrtunity Ise°O APPLICANT: KNIFTON, W & D TAKE NOTICE that the Municipality of Bayham has received a complete application for a Minor Variance (Application A-05/18). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday June 7th, 2018 at 6:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line, 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 4.2 b) for front yard setback of an accessory building of 4.5 m (14 feet) whereas 7.0 m (23 feet) is the required minimum; Section 4.2 c) to allow an accessory building in a front yard; and, Section 10.11 a) setback for an accessory building of 4.5 m whereas 6.0 m (19 feet) is the required minimum, for a 62 m2 (762 ft2) detached garage/storage shed on a 0.48 ha (1.19 acres) property located on the south side of Old Mill Line and the west side of Plank Road known as 55557 Old Mill Line, Vienna. THE EFFECT will be to permit the construction of an accessory building (personal storage garage) in a required yard. 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 25th day of May 2018. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill Deputy Clerk /Planning Coordinator Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, NOJ 1Y0 T: 519-866-5521 Ext. 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca SUBJECT LANDS, i �i l Village of Vienna $AYH.44? STT REPORT o-P o� DEVELOPMENT SERVICES �'�rtunity ISL TO: Committee of Adjustment Members FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment DATE: June 7, 2018 REPORT: DS-36/18 FILE NO. C-07/ D12.KNIF Roll # 34-01-000-002-05801 SUBJECT: Committee of Adjustment Minor Variance—A-05118 Knifton, 55557 Old Mill Line BACKGROUND: William and Deborah Knifton have submitted a minor variance application for property located in the village of Vienna known municipally as 55557 Old Mill Line. The property is designated "Residential" on Schedule "C" Vienna: Land Use and Constraints in the Official Plan and zoned Village Residential (R1) on Schedule "H" Vienna of the Zoning By-law Z456-2003. The purpose of the variance is to grant relief from the Zoning By-law regulations Section 4.2 b) for front yard setback of an accessory building of 4.5 m (14 feet) whereas 7.0 m (23 feet) is the required minimum; Section 4.2 c) to allow an accessory building in a front yard; and, Section 10.11 a) setback for an accessory building of 4.5 m whereas 6.0 m (19 feet) is the required minimum, for a 62 m2 (762 ft2) detached garage/storage shed on a 0.48 ha (1.19 acres) property located on the south side of Old Mill Line and the west side of Plank Road known as 55557 Old Mill Line, Vienna. The effect will be to permit the construction of an accessory building (personal storage garage) in a required yard. DISCUSSION: The land owners wish to construct the garage in the selected area due to the rear area of the property is potentially a swampy area at certain times of the year and the slope to the back yard makes vehicle access impractical. The forward positioning of the garage is proposed in the most suitable area of the property. The Committee of Adjustment must be satisfied that the application meets the four "tests" of Planning Act Section 45. (1) for a minor variance to the zoning by-law. The planner's memorandum dated May 15, 2018 outlines the variances required for compliance and the full Staff Report DS-36/18 Knifton Page 2 analysis of the four"tests". Staff and planner concur the application meets the criteria for minor variance and recommend the granting of the variance. At the time of writing this report, no written public comments have been received. ATTACHMENTS 1. Application for Minor Variance A-05/18 Knifton 2. IBI Memorandum dated May 15, 2018 RECOMMENDATION "THAT the Committee of Adjustment Secretary-Treasurer's report DS-36/18 regarding the Knifton 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 as presented meet Section 45.1(1) of the Planning Act and are considered minor; THEREFORE application A-05/18 submitted by William and Deborah Knifton, pursuant to Section 45 of the Planning Act for minor variance, is granted to allow relief from Municipality of Bayham Zoning By-law Z456-2003: • Section 4.2 b) for front yard setback of an accessory building of 4.5 m (14 feet)whereas 7.0 m (23 feet) is the required minimum • Section 4.2 c) to allow an accessory building in a front yard; and, • Section 10.11 a) setback for an accessory building of 4.5 m whereas 6.0 m (19 feet) is the required minimum setback from a public street Respectfully Submitted by: Reviewed by: / :176-7‘r Marga et Underhill ' -ul ti• •w. - SecretarylTreasurer Committee of Adjustment CAOICIerk r"" 1 IBI GROUP 203-350 Oxford Street West I B I London ON N6H 1T3 Canada tel 519 472 7328 fax 519 472 9354 I I ibigroup.com Memorandum To/Attention Municipality of Bayham Date May 15, 2018 From Paul Riley, CPT Project No 3404 - 691 cc William Pol, IBI Group Subject William and Deborah Knifton -Application for Minor Variance to Zoning By-law#Z456-2003 Part Lot 15, Plan 54 Part 1, 114459, 55557 Old Mill Line, Vienna 1. We have completed our review of Minor Variance application A-05/18, submitted by William and Deborah Knifton for lands located at 55557 Old Mill Line, Vienna. The applicant is requesting a variance to Zoning By-law#Z456-2003 to grant relief from regulation Section 4.2 b) for a setback of 4.5 m whereas 7.0 m is the required minimum; Section 4.2 c) to allow an accessory building in the front yard; and, Section 10.11 a) for a setback of 4.5 m whereas 6.0 m is the required minimum. The requested variance is to permit the construction of a detached garage/storage shed of 62 m2 (672 ft2) floor area on the lands in the front yard with reduced accessory building setback. The subject lands are designated "Residential" on Schedule "C" Vienna: Land Use and Constraints in the Official Plan. The lands are zoned Village Residential (R1) and are located on Schedule "H" Vienna of the Zoning By-law. Accessory use is a permitted use in the Residential Zone. 2. The subject lands have a lot frontage of 28 m (257 feet), lot depth of 95 m (313 feet) and lot area of 0.48 ha (1.19 acres). It is located in the village of Vienna and is serviced with private sewer and water (well). The property includes a single detached dwelling. Surrounding uses are a cemetery to the east and residential north, south and west. 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 physical characteristics of the lot limit the placement of the garage/shed in accordance with the zoning regulations. There is a significant slope/top of bank on the lot beginning south of the proposed location and the rear of the lot comprises a swampy area. Access for vehicles would not be practical further to the rear of the lot. Furthermore, the septic bed and water service line limit placement options to the rear of the lot. Zoning regulations restrict IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies IBI GROUP MEMORANDUM 2 Municipality of Bayham—May 15,2018 placement options for exterior side yard and setback from a County Road on the east side of the dwelling. The proposed variances are minor in nature. • Is the variance desirable for the use of the lands? The proposed garage/shed is complementary to the residential use, providing additional storage for the dwelling. Accessory use is permitted and is desirable for the use of the lands. Locating the garage/shed to the rear of the property is not feasible due to access and servicing constraints and the possibility of flooding. The variance is a desirable use of the lands. • Does the variance maintain the general intent and purpose of the Zoning By-law? Accessory use is a listed permitted use in the R1 zone, the floor area is below the maximum for accessory buildings of 65 m2 (700 ft2), the height of the accessory building and lot coverage is below the maximum requirement. The property has adequate frontage and driveway area and will not impact access to and from the site or abutting properties. 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? Residential use is permitted in the Residential designation of the Official Plan and accessory use is complementary to residential use. The proposed accessory use is a permitted use in keeping with the intent of the Official Plan. 7. Based on our review we have no objection to the requested minor variance to reduce accessory building front yard setback and placement of an accessory building in the front yard. S'a,d 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 - Y/1.ct a File No. A- 051a .&0104%---GApirtetity��yp+*{' APPLICATION FOR MINOR VARIANCE RE C E I V E Planning Act, R.S.O. 1990, 0. Reg 200/96 as amended MAY 01 2®18 The undersigned hereby applies to the Committee of Adjust t for the NICIpgLIr Q��� � MUNICIPALITY OF BAYHAM r 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 �.{ ILL � t T oi2,A1-1 Kt- Frc b) Mailing Address 3-ss57 Oi-O L.( A1C �,► t E CJ ( Z c) Telephone No. Home: 5 I q - 74- 12_6 Work: .5-i gi- 866_ 5 c-2_4 d) Email Address d b kr\Z.-(40.,_L k Fax No. 2. SOLICITOR/AUTHORIZED AGENT a) Name Ii I A b) Mailing Address c) Telephone No. Home: Work: d) Fax No. Send correspondence to: Owner(s) Solicitor/Authorized Agent FOR OFFICE USE ONLY 3%"o/-6CO -00 a - 05 O I Application No.:79 —0•57/i File No:019. KN l Date/Time of Meeting: Date Received: 1 py- , Fee Received: 9000 ° Paid By:ai///, De&rQ ti;--c/6 Deemed Complete: Receipt#: Committee Decision: 24/05/2017 Minor Variance 2016 Municipality of Bayham Application for Minor Variance Page 2 3. Names and address of any mortgages, holders and charges or other encumbrances: Name Address 4. Location of Land a) Lot and Plan or Concession#: ( - L- I .J -pLAi- ( of I� i�-1 •5 b) Street/911 #&Name: 5-5 5 5 o p H l LL L.(� c) Roll# 34-01- c0ow- _ 0566( _ 000 �t 5. Nature and extent of relief applied for: d,lor._. a4)c_oKIs i21/4/ (Z1Nc.r I v2Arj( ,4(10 1 o r 4-, -5 7-0 (< 3 e ..:. ... --arm-dwelling, a Devei ment-Agr=ement-is-required; .,.JIB /©. // a Coly ieuc 7i1 i9CCt_`5 0K-y L06-- x/9iN//v 6. Um /=f ur l c S7fc� 7� 6. Why is it not possible to comply with the provisions of the By-law? bus Ly 09E- UK) ---p(2_% i2(`f `T 44-AT t S ti b G-44 ` ? I(--0 A- 6-'6)-o- (\-L /-�^io N 1 t-sE2r,,E2E ALJ\ lr� �t� Li ,�� S Etc i DC_ SuiA-A4-12-1 I4 CA 7. Dimensions of the entire subject land affected: a) Frontage(m) 25" „ ( ( ,� , L) b) Depth (m) j ,5 ' ( j ) c) Area(sq.m/ha) C 6 ' / 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 /-. v 2 y h�u��E ". 2 4?o 5 (-4- A-7-7A C tl n `Z --A(Z (-Ad-AC•i b) Proposed E(/Tcr n 6 A}QA-L.0 5' I+ten I Lf- ' 24/05/2017 Minor Variance 2016 Municipality of Bayham Application for Minor Variance Page 3 9. Date of purchase of subject land: e-s ,1 R t 15- 10. Date of construction of all buildings and structures on subject lands: I 9 R 2. 11. Existing uses of the subject property: 2 t----C) 0 ---1\-YT. A L 5' i 1 12. Length of time and existing uses to the subject property have continued: 13. Existing uses of abutting properties: a) North t2�� �iE I ��L b) East c) South S DE Nit ��L d) West �S t (� �r.J t /kL-- 14. Services available(check appropriate space(s)) a) Method of Water Supply(if applicable) Public Water Supply System 0 Private Individual Well V. Private Communal Well 0 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 0 0 Other(please specify) 15. Present Official Plan designation: { I 0 L- f�d L 16. Present Zoning Bylaw classification: P. \J I LL 17. Has the owner previously applied for a minor variance in respect to the subject property? Yes 0 No IA If Yes, describe briefly: 18. Is the property the subject of a current application of consent I severance? Yes 0 No 24/05/2017 Minor Variance 2016 STATUTORY DECLARATION I/We, W i LL, A of the Name of Applicant(s) /� NuNSC(eALITy or6poiNilyin in the l_1�k,,n1'(N o Et&RJ (City, Municipality, Town, Township) (County/District/Region) SOLEMNLY DECLARE / AFFIRM THAT to the best of my/our knowledge and belief, all of the information, exhibits and statements provided in this application as required under Section 45 of the Planning Act R.S.O. 1990 and Ontario Regulation 200/96 as amended are true; THAT I/We shall assume responsibility for any additional costs exceeding the deposited amount related to the said application and understand and agree that payment of said additional costs shall be a condition of this signed application. I/We also agree to accept all costs as rendered; AND I/We make this solemn Declaration conscientiously believing it to be true, and knowing that it is of the same force and affect as if made under oath and by virtue of the "Canada Evidence Act". DECLARED before me at the: (City, Municipality, .wn, Township ) Signature of Applicant or Authorized Agent* in the ni lr oc ) (County/Di trict/Region) ( ) Signature of Ap !cant 4 C° this �Q day of �Y`t ( 20 �� ) ,� j / ,�tiC 1 � Signature of Appli t7�� 44,(1 ) A Commissioner, etc. ) * If authorized agent, a letter of authorization from the owner of the property must accompany this BRENDA GIBBONS,a Commissioner,etc. application. Deputy Clerk of the Corporation of the Municipality of Bayham 24/05/2017 Minor Variance 2016 REQUIRED SKETCH FOR MINOR VARIANCE APPLICATIONS APPLICANT NAME I C- I A IA i< t-3 1 T- —o PROPERTY ADDRESS 5 5-S --7 is L h E'`1 l !_..(,v V 1€�1.1A , Q Roll # 34-01 - --cx2- v 5-e 0\ Lot i:------cL ( 5-- Concession Registration Plan #: -75--1 Part Lots: 17-"(--,-- L___--(:: I Quarter of Municipality Lot N.E. ‘14,,_ N.W. ❑ S.W. 0 S.E. 0 See Sketch Instructions on the following page. toi r�-� i C\ ' L / �� PgP df 0 os.t H°' of poi I 00661 .‘06c / \r otos ,009e. , e2:06" ,3.S ' ¢ete p i ,fVsa NI I4` )._, V .r Fsi t\ t iN i= �, J n .a . V, \ e 5-2° `o 1 N N C , I ,f \ 14 I _ a N R I N114°10'20"Eff( t05.9' MIA"rae.o'�xsr No.i6US$) • 5 c 1)Eiv RETURN THIS SKETCH WITH APPLICATION FORM- NOTE: WITHOUT A SKETCH AN APPLICATION CANNOT BE PROCESSED ALL DIMENSIONS MUST BE IN METRIC \:"..-- r-- o s s, o.. . tf -1 . ... / . 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