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HomeMy WebLinkAboutMay 16, 2019 - 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 16, 2019 6:30 p.m. A. Sandytown Retirement Home Inc. B. Teichroeb, G & A 1. CALL TO ORDER 2. APPOINTMENT OF CHAIRMAN 3. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 4. APPLICATIONS A. Minor Variance Application A-03/19, Sandytown Retirement Home Inc. Request to amend variances granted under file A-04/18 and grant relief from the Zoning By- law regulations in: • Section 24.6 for front yard depth (First St) of 8.7 m (28.5 feet) whereas 15.0 m (49 feet) is the required minimum; • Section 24.7 for interior side yard width abutting residential use of 0.7 m (2.3 feet) whereas 3.0 m (9 feet) is the required minimum; • Section 24.7 for exterior side yard width (Plank Rd) abutting commercial use of 7.19 m (23.6 feet) whereas 7.5 m is the required minimum; and • Section 4.22.1 b) for setback from the centre line of the right-of-way of a County Road (Plank Rd) of 17.3 m (56.7 feet) whereas 26.0 m (85 feet) is the required minimum. 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. B. Minor Variance Application A-04/19, Teichroeb, G &A Request to grant relief from the Zoning By-law regulations in Section 4.14 Municipal Drains and Watercourses d) to permit a setback of 1.2 m (4.0 feet) whereas 4.5 m (14.7 feet) is the required minimum setback for permanent structures to the centerline of a municipal tile drain. The variance is needed to maintain an above ground swimming pool in the Village Residential R1-5 Zone, located on the north side of Fifth Street, east of Plank Road, known as 55836 Fifth Street. 5. STAFF PRESENTATION A. Report DS-32/19 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment re Committee of Adjustment—A-03/19 Sandytown Retirement Home Inc., 9344 Plank Rd. 2019 Committee of Adjustment Agenda May 16, 2019 B. Report DS-33/19 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment re Committee of Adjustment Minor Variance —A-04/19 Teichroeb, 55836 Fifth Street, Straffordville 6. PRESENTATIONS BY APPLICANT/AGENT 7. PUBLIC SUBMISSIONS 8. COMMITTEE QUESTIONS AND DISCUSSION 9. DECISION OF COMMITTEE (Motions) 10. ADJOURNMENT IN YHA4- `I, '�� NOTICE OF A PUBLIC MEETING `►% CONCERNING A PROPOSED ..4 , MINOR VARIANCE o 1r( W , IN THE MUNICIPALITY OF BAYHAM ppOrtunity Ise°4 APPLICANT: SANDYTOWN RETIREMENT HOME INC. TAKE NOTICE that the Municipality of Bayham has received a complete application for a Minor Variance (Application A-03/19). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday May 16th, 2019 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 amend variances granted under file A.04/18 and grant relief from the Zoning By-law regulations in: • Section 24.6 for front yard depth (First St) of 8.7 m (28.5 feet) whereas 15.0 m (49 feet) is the required minimum; • Section 24.7 for interior side yard width abutting residential use of 0.7 m (2.3 feet) whereas 3.0 m (9 feet) is the required minimum; • Section 24.7 for exterior side yard width (Plank Rd) abutting commercial use of 7.19 m (23.6 feet) whereas 7.5 m is the required minimum; and • Section 4.22.1 b) for setback from the centre line of the right-of-way of a County Road (Plank Rd) of 17.3 m (56.7 feet) whereas 26.0 m (85 feet) is the required minimum. 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 allow an addition which extends beyond the existing building. 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 6th day of May 2019. KEY MAP MUNICIPALITY OF BAYHAM t Margaret Underhill Deputy Clerk / Planning Coordinator Municipality of Bayham I .411 P.O. Box 160, 56169 Heritage Line 411. Straffordville, ON, NOJ 1Y0 T: 519-866-5521 Ext. 222 SUBJECT LANDS 1 F: 519-866-3884% , Ai, 40 E: munderhill(a�bavham.on.ca ` W: www.bavham.on.ca Fir 41. A14 IP' ISM IIIRAM■ Village of Straffordville -$011.441- i, ��;� NOTICE OF A PUBLIC MEETING ��, CONCERNING A PROPOSED � �y MINOR VARIANCE —Port-unity IOW- IN THE MUNICIPALITY OF BAYHAM APPLICANT: TEICHROEB, G & A TAKE NOTICE that the Municipality of Bayham has received a complete application for a Minor Variance (Application A-04/19). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday May 16th, 2019 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 in Section 4.14 Municipal Drains and Watercourses d) to permit a setback of 1.2 m (4.0 feet) whereas 4.5 m (14.7 feet) is the required minimum setback for permanent structures to the centerline of a municipal tile drain. The variance is needed to maintain an above ground swimming pool in the Village Residential R1-5 Zone, located on the north side of Fifth Street, east of Plank Road, known as 55836 Fifth Street. THE EFFECT will be to recognize the setback deficiencies for an existing above ground swimming pool. 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 6th day of May 2019. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill Deputy Clerk / Planning Coordinator Municipality of Bayham .a* P.O. Box 160, 56169 Heritage Line Straffordville, ON, NOJ 1Y0 T: 519-866-5521 Ext. 222 1NY F: 519-866-3884 E: munderhill(a�bayham.on.ca W: www.bayham.on.ca .111 Ir. SUBJECT LAPD& kI 14* *a 4. di 41410 WNW iv Sail ling a. nrn Village of Straffordville voNYH.A 441131p0104409NT,,.„.,0, REPORT o gtcfr ,cy DEVELOPMENT SERVICES uj'tunity Is�o�► TO: Committee of Adjustment Members FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment DATE: May 16, 2019 REPORT: DS-32/19 FILE NO. C-07/ D12.SAND Roll # 34-01-000-004-19902 SUBJECT: Committee of Adjustment Minor Variance—A-03/19 Sandytown Retirement Home Inc., 9344 Plank Rd BACKGROUND: Sandytown Retirement Home Inc. have submitted a new minor variance application for property located in the village of Straffordville. The property is designated "Institutional" on Schedule "B" Straffordville: Land Use and Constraints in the Official Plan and zoned Institutional (I) on Schedule "F" Straffordville of the Zoning By-law Z456-2003. The purpose of the variance is to amend variances granted under file A-04/18 and grant relief from the Zoning By-law regulations in: • Section 24.6 for front yard depth (First St) of 8.7 m (28.5 feet) whereas 15.0 m (49 feet) is the required minimum; • Section 24.7 for interior side yard width abutting residential use of 0.7 m (2.3 feet)whereas 3.0 m (9 feet) is the required minimum; • Section 24.7 for exterior side yard width (Plank Rd) abutting commercial use of 7.19 m (23.6 feet) whereas 7.5 m is the required minimum; and • Section 4.22.1 b) for setback from the centre line of the right-of-way of a County Road (Plank Rd) of 17.3 m (56.7 feet) whereas 26.0 m (85 feet) is the required minimum. 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 allow an addition which extends beyond the existing building. DISCUSSION: The land owners wish to place a 143 m2 (1539 sq. ft.) addition on the existing building thus requiring a variance to the setback from the centerline of the county road and because it is new development, additional variances to recognize existing setback deficiencies. The Committee of Adjustment previously granted variances under Application A-04/18 (Wall) and it recently came to all parties' attention that they were incorrectly presented and analyzed. Staff Report DS-32/19 Sandytown Retirement Page 2 The property's legal frontage is First Street and not Plank Road as was originally presented, therefore all setbacks are to be based upon the actual legal frontage. Upon further review after the Notice was circulated, staff and planner determined the property does not directly abut a commercial property, directly abuts the county road, therefore one variance is not necessary to the application, being: • Section 24.7 for exterior side yard width (Plank Rd)abutting commercial use of 7.19 m (23.6 feet)whereas 7.5 m is the required minimum As before with Application A-04/18, staff and planner concur the application meets the criteria for minor variance and recommend the granting of the variances correct to the layout of the property. At the time of writing this report, no written public comments have been received. Pending minor variance approval, Sandytown Retirement Home Inc. has applied for site plan approval. Application and Agreement are on the regular agenda to be presented on May 16, 2019. ATTACHMENTS 1. Notice of Public Meeting A-03/19 2. Application for Minor Variance A-03/19 Sandytown Retirement Home Inc. RECOMMENDATION "THAT the Committee of Adjustment Secretary-Treasurer's report DS-32/19 regarding the Sandytown Retirement Home Inc. 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-03/19, 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 and to amend variances granted under file A-04/18 as follows: • Section 24.6 for front yard depth (First St)of 8.7 m (28.5 feet)whereas 15.0 m (49 feet) is the required minimum; • Section 24.7 for interior side yard width abutting residential use(east side) of 0.7 m (2.3 feet)whereas 3.0 m (9 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 (Plank Rd) of 17.3 m (56.7 feet)whereas 26.0 m(85 feet) is the required minimum. Respectfully Submitted b Reviewed by: "i---7./.74; ----- --(7; ,........_ Margaret Underhill Paul Shipway SecretarylTreasurer Committee of Adjustment CAOICIerk 41 " .� NOTICE OF A PUBLIC MEETING e, CONCERNING A PROPOSED MINOR VARIANCE ill((+, {► IN THE MUNICIPALITY OF BAYHAM APPLICANT: SANDYTOWN RETIREMENT HOME INC. TAKE NOTICE that the Municipality of Bayham has received a complete application for a Minor Variance(Application A-03/19). A" D TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday May 16th, 2019 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 PU POSE of the variance is to amend variances granted under file A.04/18 and grant relief from the Zoning By-law regulations in: o Section 24.6 for front yard depth (First St)of 8.7 m (28.5 feet)whereas 15.0 m (49 feet)is the required minimum; o Section 24.7 for interior side yard width abutting residential use of 0.7 m(2.3 feet)whereas 3.0 m (9 feet) is the required minimum; o Section 24.7 for exterior side yard width (Plank Rd) abutting commercial use of 7.19 m (23.6 feet)whereas 7.5 m is the required minimum; and o Section 4.22.1 b) for setback from the centre line of the right-of-way of a County Road (Plank Rd)of 17.3 m (56.7 feet)whereas 26.0 m(85 feet)is the required minimum. 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 allow an addition which extends beyond the existing building. ANY PERSO ; 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 ISH 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. ATED at the Municipality of Bayham this 6th day of May 2019. ,EY gig;t`�+, MUNICIPALITY OF BAYHAM 411W Margaret Underhill N 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 SUBJECT LANDS E: munderhillAbayham.on.ca W:www.bavham.on.ca /11 41pirmir VAIIP Village of Straffordville $AYh File No. A- 6 :J/(7 4 VW° Poy , APPLICATION FOR -"unity C v ; MINOR VARIANCE k ,41 ;1'13R 082 =15 Planning Act, R.S.O. 1990, O. Reg 200/96 as amended The undersigned hereby applies to the Committee of Adjustment fcS i ' EW' rilsa tM MITM 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 Sculcktivvvr\-Pefie. kc b) Mailing Address c) Telephone No. Home: Work: d) Email Address @ Fax No. 2. SOLICITOR/AUTHORIZED AGENT a) Name M� 11 -� 1Cf �. I�` l 3 b) Mailing Address 431 8 1**-4A t Y 3 Lt K c) Telephone No. _ Work:'5' j 4 _t d) Fax No. �-4- -B9 too Send correspondence to: Owner(s) X Solicitor/Authorized Agent — FOR OFFICE USE ONLY Reff//" 9 3//0/--OC' 2-00471 /9 9 0 Application No.: /7,_ U 3�9" File No'�(... Date/rime of Meeting: 7 Date Received: Fee Received: >C> ��� � - PaidB e /' �`- �-'war y, �4.��%�L�GuY1 �E�'�Tr''e'fV%C/v�%�p�1� ot�d�/!z-'°i ,...,_ � Deemed Complete.,!?,� ,jci Receipt#: oet -7,9// Committee Decision: egec 'c rh do DCZ-'...:vin + 6Tnr Mai e---"-- / 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#: b) Street/911 #&Name: q3414—PlankVCCOI o' reAv101e. ND c) Roll# 34-01-000®004-'ICq Cgt 5. Nature and extent of relief applied for: r* I� lewd=• ,wlrv2reaS c2Drr Frorr CJL ®f- •O.W -P— i6 y-L99 • a • 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? OIen-1--6 p cam! c buu Irl Mcd-do n�-�-c - l • • _. a•• . � .• ,.j0, 0 1 kL ►t - . _ s 7. Dimensions o the entire subject nd a-ected: a) Frontage(m) •P+, b) Depth (m) I4 . (O� c) Area (sq.m /ha) ),( q2_ 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 . ocfi e m 'U vJ l r l lvt) ® (aurs .f53E3ws b) Proposed e t (WIC 0 , f v41141 orb 1": Oy = 143m1--. it l nrl GrdYNg• S•(D3rnC 24/05/2017 Minor Variance 2016 Municipality of Bayham Application for Minor Variance Page 3 9. Date of purchase of subject land: 10. Date of construction of all buildings and structures on subject lands: Ulr1Know 11. Existing uses of the subject property: • ,vl log ] ° I d' AP . , .t1,L, ■ _ [ n 12. Length of time and existing uses to the subject property have continued: fI fip., 13. Existing uses of abutting properties: a) North b) East kessa al dwelling c) South 6-r d) West PI ctrkg- oaa 14. Services available (check appropriate space(s)) a) Method of Water Supply(if applicable) Public Water Supply System.* Private Individual Well ..F 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 0 Other(please specify) 15. Present Official Plan designation: ) yc,iifi Ma I 16. Present Zoning Bylaw classification: I n Gna—i 17. Has the o ner previously applied for a minor variance in respect to the subject property? Yes No ❑ If Yes, describe briefly: �t�1 ) a is ® to 18. Is the property the subject of a current application of consent/severance? Yes 0 No 24/05/2017 Minor Variance 2016 -0519 STATUTORY DECLARATION I/We, Ernineerina of the (� �, me of Applicant(s) T fil bT Jim in the �sPOr 11< (City, Municipality, Town, Township) (County/ istrict/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: /1017i etf, 4"7 -757441 ) C4Y\ _4C.`e (City, Municipality,Town,Township) ) Signature of Applicant or Author o Agent* 6/,14/1 " ) in the cFt Gi(,—, ) (County/Di rict/Region) i/ ) Signature of Applicant this day of s0% � I , 20 / ) Signature of Applicant /7. ) ) A Commissioner, etc. ) iARCARET UN'URRILL,a commSssioner9 eft. * If authorized agent, a letter of authorization from Deputy Clerk of the Corporation of the the owner of the property must accompany this Municipality of iDayhaea. application. 24/05/2017 Minor Variance 2016 REQUIRED SKETCH FOR MINOR VARIANCE APPLICATIONS APPLICANT NAME C P " /0 , - - a PROPERTY ADDRESS t 3 M �e - vdv'l l e OINJ Nar NO cco- Roll# 34-01 - Lot oncession �� � I�9� Z�3�°Plaln k Registration Plan#: Part Lots: '.'- 4 eaE,± j r IQr norrk�`�(�,ll®®-'—" Quarter of Municipality Lot N.E. 0 N.W. 0 S.W. 0 S.E. 0 See Sketch Instructions on the following page. cics\c' ® RETURN THIS SKETCH WITH APPLICATION FORM- NOTE: WITHOUT A SKETCH AN APPLICATION CANNOT BE PROCESSED ALL DIMENSIONS MUST BE IN METRIC J April 8, 2019 Municipality of Bayham 56169 Heritage Line Straffordville ON NOJ 1Y0 Attention: Marg Underhill Sandytown Retirement Home Inc. authorizes MC Engineering to act as their Authorized Agent re: Application For Minor Variance for the property located at 9344 Plank Road, Straffordville ON. ii,„, _,- - /4///7/ af,/6 Neil Penner Date NI C ENGINEERING.A DIVISION OF 392583 ALBERT%.TTD..P.O.BOX 1002.SIMCOE,ONT.NYc 5133 TEL:519-428-6790 FAX:519426-S960 - E-MAIL:maxcmcengineerim.!.nct -aos mm ,cp o p % NT �BR.RY % 1 I I .M..r `i W..�-- a.- N. 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BARRIER-FREE SIGNAGE \ COgigt.StsII �2 o ss FP + 4,s,. 1T .�. ^ n' 'r NNTA 1 y+aaaN«� r.. q,.1,,t yy��F�w..ppT�� Rmum IPAM.. Lr.OM P.1rxis , I m' A' A' ,p R w - w } 8'SymCONCRETE SIDEWALK HEAVY-DUTY ._ .--NIz ��+ a� ADJACENT t0 CURD AND GOTTEN KILT iENCE BARRIER CI n Y + nsc1-` 4Pi"7TU.0 q DP90 R1Y.1 'll --�-- • 34T01 `w6"''''Mi'.. 6p ••••• ¢ M bw - m _ d: :.-. II 11•t,. P »< r16" + " • SITE STATISTICS n f f \ _ a cw'°L•w.P R COVERAGE REQUIRED PRCYIOFO r. " -r .z�.s.,.-Sao-..Nx.s.w_ STREET p --s d'� :,.$":1,1,*"9vA.....,.r, 20000 - IHSmOT nrl(I) - Y w 1 P'r,.Nn — — M e maDt®owar.w woi..anx..,on'ur,", b p! FIRST 6 TOTAL LOT AREA 100% 1250m' 1.899 M. wu.mn 1N[ +iR— NIXON ___ -___ __—_gyp.__ --;'6.- 6-" GROUND FLOOR AREA OF EX.00110100 530 m• PP•r 1 'm 0tlf — 1 p __Amm ..our x.A p,p ,', dw 17....._--em GROUND FLOOR MEA Of CO.ADDITION - 143 m' PDN'o Nrce A.,r PROPOSED 5 , 0 ,i �.. 'I TOTAL AREA OF BUILDING 40% 40% 66,m; vnaaRs n wwe REAM-AMRFOR NOME P. O''' + umos Loco.or /' 7�1 —�- MED AREAS 19% 325m _m ro..r SANDYTOWN OH' T LMDSCAPEO OPEN SPACE FOz 693 M. RETIREMENT HOME dl o P" \ own.. A.wxa.,...,.e-,.x BI // +sa.a \ SET BACK FROM C/L PIANK RO.(CO.NON-CONFORMING, 2001(MIN) 17.]01} lacomos�MMn/N, 11 - - - - - aunnw LOT FRONTAGE (EXISTNC CONFORMING) zYn(HID) .0.9Am •O'a aro•'•'........ . ...4 �- WILLE,BATww 5 p E p ,� FRONT YARD SET BACK (DUSTING NON-CONFORMING) 1501(MIN) 8.73013 ..4 F� RI - I ` MSMOm x.SS REM YARD (EXISTING CONFORMING) 3,,(MINI 11.38m3 ww urxaS,.r... 1.-1..-- 99 d Xl Al p SIDE YARD WEST (EXISTING NON-CONFORMING) 3m(MIN) 7.19.} WOMAN• r A L I p - SIDE YARD EAST (EXISTING NON-CONFORMING) 3m(MIN) 0.7m3 .r....v I �,+ SITE PAA" W` I, l <rI ww (o,..w, IM x I..a ul wA .w.m.....mv. MAXIM_____`P .''''''AAAA... �- ,ro.. N ,,.,wT w. ww°' °- w..o.Rmo� MA%IMUM ANTICIPATED OCCUPANCY LOAD 19 BEDS k Rx "•• , I.=."'r I' 1"u I• •w I"'1 -myna.. i(.•'•n".^u'. PARKING SPACES 3 STAFF ^.°^Nomrc. Im.m' C.B. PARKING SPACES-1 PER 2 BEDS PLUS ONE 13 SPACES 14SPACES .SO 6821 0 SITE PLAN "1"-"w I""" I' I0w--I•.- I—• ®TEMPORARY SILT SACK DETAIL PER STAFF INCLUDING ouIN.P.M1ss' `°`"°" m. JAN 20t2 "' I lop -1344 IOmeq 'm.'U L� !. mac-0)"..Iv�nF u. ...--i-7.7••••'-' n..n.. MS. 1000150 SPACE KIN.3m WIDE BY 7.5m ?SPACE New wf 1O O ill ...ft. 6821.n.9 rg' MAU SP13 A M C ENGINEERING A w.w.o..awz•.Lb. vopt,YH.44 REPORT o� 3rT �44.y DEVELOPMENT SERVICES portunity Is�� TO: Committee of Adjustment Members FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment DATE: May 16, 2019 REPORT: DS-33/19 FILE NO. C-07/ D12.TEIC Roll # 34-01-000-004-18700 SUBJECT: Committee of Adjustment Minor Variance—A-04119 Teichroeb, 55836 Fifth Street, Straffordville BACKGROUND: Herman and Anna Teichroeb have submitted a minor variance application for property located in the village of Straffordville. The property is designated "Residential" on Schedule "B" Straffordville: Land Use and Constraints in the Official Plan and zoned Village Residential (R1- 5) on Schedule "F" Straffordville of the Zoning By-law Z456-2003. The purpose of the variance is to grant relief from the Zoning By-law regulations in Section 4.14 Municipal Drains and Watercourses d)to permit a setback of 1.2 m (4.0 feet) whereas 4.5 m (14.7 feet) is the required minimum setback for permanent structures to the centerline of a municipal tile drain. The variance is needed to maintain an above ground swimming pool in the Village Residential R1-5 Zone, located on the north side of Fifth Street, east of Plank Road, known as 55836 Fifth Street. The effect will be to recognize the setback deficiencies for an existing above ground swimming pool. DISCUSSION The property has an existing minor variance under Application A-01/10 granted on March 4, 2010 granting relief as follows: THE PURPOSE of the minor variance is to grant relief from the Zoning By-law Z456-2003, specifically: • Relief from Section 4.14— Municipal Drains and Natural Watercourses, to permit a setback of 1.52 metres from the centerline of a closed municipal storm drain, where a 4.5 metre setback is required, for the construction of a new residence; and Staff Report DS-33/19 Teichroeb Page 2 Subject to condition(s): o the existing 18'x 10'shed be removed entirely or relocated to a suitable location as per setback requirements o an engineer approve the municipal drain's capacity to handle any additional runoff from the new dwelling Conditions were met and the minor variance completed. 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 8, 2019 outlines the variances required for compliance and the full 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-04/19 Teichroeb 2. IBI Memorandum dated May 8, 2019 RECOMMENDATION "THAT the Committee of Adjustment Secretary-Treasurer's report DS-33/19 regarding the Teichroeb 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 as presented meets Section 45.1(1) of the Planning Act and is considered minor; THEREFORE application A-04/19, 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 4.14 d) Municipal Drains and Natural Watercourses to permit a setback of 1.5 metres (5 feet) from the centerline of a closed municipal storm drain, whereas 4.5 metre (14.7 foot) setback is required,to maintain an existing 7.3 metre (24.0 foot) diameter above ground pool. Respectfully Submitted by: Reviewed by: Margaret Underhill Paul Shipway Secy etas y lTredsuf e. Cum!nittee of Adjustment CAOICIerk i -0011.44File No. A' 0e-7//y ° �� iy APPLICATION FOR _, I V Apo; ulty;gjoo MINOR VARIANCE APR 11 2019 Planning Act, R.S.O. 1990, O. Reg 200/96 as amended MUNICIPAL OF OATH 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) 06(tArtn \ ,Y a Name �ri��'iY�Lis� �--1�����, p_.._� -�:�c. �"'�� �eV.i b) Mailing Address s—� fi tl rv� t 1 (�AJ Ai - \ ''\6 x V S`4 c) Telephone No. Home: 5 i rO_ �1< "C c) 61- Work: d) Email Address �<' (a;a @ l b'v1.(0 , ' oyys+ Fax No. `t 2. SOLICITOR/AUTHORIZED AGENT a) Name b) Mailing Address c) Telephone No. Home: / Work: d) Fax No. Send correspondence to: t7 0wner(s) Solicitor/Authorized Agent FOR OFFICE USE ONLY 3'/o/—O vu`=/ /7700 Application No.: II - oz--///9 File No: 0/ 1 ,7 1' ate/Time of Meeting: Date Received: o/n Fee Received: 4 2 c2 0 ` '' Paid By:f4' (--4G✓ i' LTi/3/1;, Deemed Complete:At al Receipt#: 9 q— 3 9 - Committee Decision: 24/05/2017 Minor Variance 2016 Municipality of Bayham 02 Application for Minor Variance Page 2 3. Names and address of any mortgages, holders and charges or other encumbrances: Name Address S9'37•• . 0. (-1 ... 4- . C _ k---uru.on . 0 , M - /UL.A - (-9, 4. Location of Land a) Lot and Plan or Concession#: ` \oyes\ 0 6S Pr \—v?' a-6 b) Street/911 #&Name: ti s 2 SC, Vc. S.+ c) Roll# 34-01- oc't .._._o6Lk — \2~7 O4 r 00 6 O 5. Nature and extent of relief applied for: 21 3, C-.7ro&./ I//`y / i) kisOV,e To.A.Ac ccx\ \Q�'S 5�`�' 'c {s c r`�c .�z low, ".A'\kr', c) t. ,, rtcA,N 1G U- �S k CSC o NOTE. y14441re-ease-of-a-&apple+dentary-farm dwelling;a-DevefopmentAAgre-e rrent-is required— 6. Why is it not possible to comply with the provisions of the By-law? Mt x.,(\t c:\pat t rA;..r t I c tuba A6tAr fde 1 - pop; 60 .I/iv-el o.i''+ 01 -7 •J t.R IJ is 7. Dimensions of the entire subject land affected: a) Frontage(m) k -- t cii, rrt b) Depth (m) - - c) Area(sq.m/ha) ' 0 <3 ,4_,,C.->m 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 Ji , ': > 131 xti-Z6),Y _I LI hea c�}'1' k O A `-161 0 X 1'3} h4 b) Prepesed 44, ( r.e,,k, cpt3d\ 4 f ai. c‘• -,-.)m-,' 4 i rrcc EC.t 3T114 0 t� -.5 to - c-,i;- f e • 24/05/2017 Minor Variance 2016 Municipality of Bayham Application for Minor Variance Page 3 9. Date of purchase of subject land: oAi. g 0 S 10. Date of construction of all buildings and structures on subject lands: \;1--k,,5,e d 0't O S\--.e.v 1c"\ 11. Existing uses of the subject property: '\e 5 vots 12. Length of time and existing uses to the subject property have continued: .-,) U( O ��` c\' k e,\ 13. Existing uses of abutting properties: a) North COvy\rvt e cC. b) East (Ac 4...LL,(4Ct. I c) South (�.e'S.i v--4( d) West 14. Services available(check appropriate space(s)) a) Method of Water Supply(if applicable) Public Water Supply System 0 Private Individual Well III' Private Communal Well ❑ ❑ 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 ®' ❑ Other(please specify) 15. Present Official Plan designation: 5;A /i .?� 16. Present Zoning Bylaw classification: //c?r /r:j , a ft 2/— 17. Has the owner previously applied for a minor variance in respect to the subject property? Yes tit No ❑ i If Yes, describe briefly: 1 [�� �? �' Cl{/ ��1 j �� �/ lam. /— I�-� j"` '�. — j�`/i,ev°` k crrxC_, TCiY" a sa�aeo77e_ of fry e- -nr / �, inev-4-c .t Ceki14-e/adt' /Y?00r c-" 1 r rr 18. Is the property the subject of a current application of consent!severance? See 41/214 r//e-"1/ Yes 0 No ' eC 15ao.-i 24/05/2017 Minor Variance 2016 /1-06/// 9 STATUTORY DECLARATION V I We, I"1-C rv-r\ cth. ± _ I r\r-i t�. Sc of the Name of Applicant(s) LiC1;G ezf��� , in the _ Grind /l oc (City, Municipality, Towh, Township) (County/District/Region) V 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: PAW/:4 0,a/4`T4/e)(� La'l' fir/ ) (City, Municipality,fown,Townsl{p) ) Signature of Applicant or Authorized Agent* (64 l�'I ) (County/District/Region) .1� > Signature of A liant /lei-Ma/7 Bich ro eb this 11 day of Os-,\ , 20 ( ) f c421144 Signature of Applicant /2y7ha. 7eichro eb 114/„6"/Z, ) _A Commissioner, etc. ) * If authorized agent,a letter of authorization from the owner of the property must accompany this application. 24/05/2017 Minor Variance 2016 iiq -oz-///9 5 r I No ...„ ,,,„,„, tr i 0t 'C I .. .4. ap i F _977 yip ._4.81 4n %,, 6 g,. `r f FP` Q(' v te P 5/4 �� v h AD,te ii \ 00 V (, �� a ‘;J � ' a f J n co f, vjaHAAT Submission No.A-01/10 049 MUNICIPALITY OF BAYHAM o COMMITTEE OF ADJUSTMENT 6' pp•rh,,,ay Isle' SECRETARY-TREASURER'S CERTIFICATE Pursuant to Subsection 14 of Section 45 of the Planning Act,R.S.O. 1990,as amended,I hereby certify that no appeal was filed with this Office within the prescribed period against Application A-01/10 and that the Decision of the Municipality of Bayham Committee of Adjustment dated the 4th day of March 2010,became final and binding on the 25th day of March 2010. The decision of the Committee is now final and binding in that: OWNER: John Froese 9259 West Street PO Box 234 Straffordville ON NOJ IY0 ASSESSMENT ROLL: #34-01-000-004-18700 LOCATION: 55836 Fifth Street,Plan 205 Part Lot 20,Municipality of Bayham is granted: • Relief from Section 4.14—Municipal Drains and Natural Watercourses,to permit a setback of 1.52 metres from the centerline of a closed municipal storm drain,where a 4.5 metre setback is required,for the construction of a new residence; Subject to condition(s): o the existing 18'x 10'shed be removed entirely or relocated to a suitable location as per setback requirements o an engineer approve the municipal drain's capacity to handle any additional runoff from the new dwelling NOTES: This permission does not constitute a Building Permit. A Building Permit must be obtained from the Chief Building Official prior to the commencement of any construction. At the time of the building permit application,the first condition has to be satisfied by the property owner or the Chief Building Official providing written confirmation to confirm the removal or relocation of the shed.The second condition has been satisfied by CJDL Consulting Engineers providing a letter confirming that the construction of the new dwelling will not adversely affect the existing drainage system. Margare nderhill Secretary-Treasurer Committee of Adjustment March 25,2010 IBI GROUP 203-350 Oxford Street West I B I tel ON 1T3 519 4 3 72 28 fax 519 472 9354 ' ibigroup.com Memorandum To/Attention Municipality of Bayham Date May 8, 2019 From William Pol, MCIP, RPP Project No 3404 - 720 cc Subject Herman and Anna Teichroeb -Application for Minor Variance to Zoning By-law#Z456-2003 Plan 205 Pt. Lot 20, 55836 Fifth Street, Straffordville 1. We have completed our review of Minor Variance application A-04/19, submitted by Herman and Anna Teichroeb for lands located at 55836 Fifth Street, Straffordville. The applicant is requesting a variance to Zoning By-law#Z456-2003 to grant relief from regulation Section 4.14 d) Municipal Drains and Natural Watercourses, to permit a setback of 1.5 metres (5 feet) from the centreline of a closed municipal storm drain, whereas 4.5 metre (14.7 foot) setback is required, to maintain an existing above ground pool. The subject lands are designated "Residential" on Schedule "B" Straffordville: Land Use and Constraints in the Official Plan. The lands are zoned Village Residential (R1-5) and are located on Schedule "F" Straffordville of the Zoning By-law. A single detached residential dwelling is a permitted in the R1-5 Zone. 2. The subject lands have a lot frontage of 59 m (193.5 feet), an average lot depth of 52.5m (172.2 feet) and lot area of 3,097 m2 (0.76 acres). It is located in the village of Straffordville and is adequately serviced with a private well and public sanitary sewer. There is an existing dwelling, an accessory shop and an accessory 7.3 metre (24 foot) diameter above ground pool on the site. Surrounding uses are residential\vacant lot on the west side; commercial on the north side; agriculture on the east side; and commercial\residential on the south side. 3. Section 45. (1) of the Planning Act outlines the four "tests" that the Committee of Adjustment must evaluate, when considering a minor variance application. The following paragraphs provide an analysis of these tests: • Is the variance minor in nature? The requested variance is to allow the existing above ground pool to be maintained at a setback of 1.5 metres instead of 4.5 metres from an enclosed municipal drain. This is a reduction of almost 3.0 metres (66%). The municipality may need to access this drain in the future for maintenance purposes. While the reduced setback may make access difficult, setbacks on the opposite side of the pool and the infrequent need to maintain the drain will not likely impact future maintenance of the drain. The variance is minor in nature. IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies IBI GROUP MEMORANDUM 2 Municipality of Bayham—May 8,2019 • Is the variance desirable for the use of the lands? The existing dwelling, shop and above ground pool are appropriate uses for this residential location. The lot is located at the end of a dead end street and maintaining the existing pool location will not impact surrounding land owners. Relocation of the pool to meet the required setback would be a hardship of the property owners. It is desirable to keep the above ground pool in the existing location. • Does the variance maintain the general intent and purpose of the Zoning By-law? The general intent of the setback is to ensure there are adequate setbacks to maintain the municipal drain. The above ground pool is a permitted accessory use to the existing single detached dwelling. There appears to be sufficient setback on the opposite side of the drain to allow municipal access for the drain into the future. Should the municipality require access to the drain, the pool could be moved elsewhere on the lot. The variance maintains the general intent and purpose of the zoning by-law. • 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 accessory above ground pool as a conforming land use. The intent of the Official Plan is maintained to allow a reduced setback from the centreline of the closed municipal drain. 7. Based on our review of the application and the tests for a minor variance, we have no objection to the requested minor variance to reduce the setback from the nearest wall of the above ground pool to the centerline of a municipal drain to 1.5 m (5.0 feet) to retain the existing 7.3 metre (24.0 foot) diameter above ground pool. Walla/MX IBI GROUP William Pol, MCIP, RPP Consulting Planner to the Municipality of Bayham IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies