HomeMy WebLinkAboutJune 06, 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, June 6, 2019
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-02/19 Berschl
PURPOSE
Request to grant relief from the Zoning By-law regulations in Section 10.9.1 Minimum Side
Yard Width to permit a setback of 1.2 m (4.0 feet) whereas 1.7 m (5.6 feet) is the required
minimum setback for an attached garage; and Section 4.26 Permitted Encroachments in
Yards for open decks in the side yard of 0.3 m (1 foot) whereas the required minimum
setback to any lot line in the side yard is 1.2 m (4.0 feet). The variances are needed to
permit the construction of a garage, carport and rear deck attached to the existing dwelling
in the Village Residential (R1) Zone, located on the east side of Chatham Street south of
Cowper Street, known as 28 Chatham Street in Port Burwell.
EFFECT
Permit the construction of: an extension to an existing deck; a new garage; a new carport
attached to the garage; and a breezeway connecting the existing dwelling to the proposed
garage.
5. STAFF PRESENTATION
A. Report DS-37/19 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment re
Committee of Adjustment Minor Variance —A-02/19 Berschl, 28 Chatham Street, Port
Burwell
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
�41111111111"
, CONCERNING A PROPOSED
O 14 ty MINOR VARIANCE
46pOrtunity Ise°4
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: Berschl, Robert and Spooner-Berschl, Kelly
TAKE NOTICE that the Municipality of Bayham has received a complete application for a Minor
Variance (Application A-02/19).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of
Bayham will hold a public meeting on Thursday June 6, 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
10.9.1 Minimum Side Yard Width to permit a setback of 1.2 m (4.0 feet) whereas 1.7 m (5.6
feet) is the required minimum setback for an attached garage; and Section 4.26 Permitted
Encroachments in Yards for open decks in the side yard of 0.3 m (1 foot) whereas the required
minimum setback to any lot line in the side yard is 1.2 m (4.0 feet). The variances are needed
to permit the construction of a garage, carport and rear deck attached to the existing dwelling in
the Village Residential (R1) Zone, located on the east side of Chatham Street south of Cowper
Street, known as 28 Chatham Street in Port Burwell.
THE EFFECT will be to permit the construction of: an extension to an existing deck; a new
garage; a new carport attached to the garage; and a breezeway connecting the existing dwelling
to the proposed garage.
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 24th day of May 2019.
KEY MAP
MUNICIPALITY OF BAYHAM
- f
Margaret Underhill
ST Deputy Clerk / Planning Coordinator
Municipality of Bayham
P.O. Box 160, 56169 Heritage Line
- Straffordville, ON, NOJ 1Y0
T: 519-866-5521 Ext. 222
COWPERST F: 519-866-3884
. - E: munderhill@bayham.on.ca
1 q W: www.bayham.on.ca
SOUTHEr ST SUBJECT LANDS
ij /47
- U
TENNYSONST
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REPORT
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TO: Committee of Adjustment Members
FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment
DATE: June 6, 2019
REPORT: DS-37/19 FILE NO. C-07 / D12.BERS
Roll # 34-01-002-001-41805
SUBJECT: Committee of Adjustment
Minor Variance—A-02/19 Berschl, 28 Chatham St Port Burwell
BACKGROUND:
Robert Berschl and Kelly Spooner-Berschl have submitted a minor variance application for
property located in the village of Port Burwell. The property is designated "Residential" on
Schedule "D" Port Burwell: Land Use and Constraints in the Official Plan and zoned Village
Residential (R1) on Schedule "I" Port Burwell of the Zoning By-law Z456-2003.
The purpose of the variance is to grant relief from the Zoning By-law regulations in Section 10.9.1
Minimum Side Yard Width to permit a setback of 1.2 m (4.0 feet) whereas 1.7 m (5.6 feet) is the
required minimum setback for an attached garage; and Section 4.26 Permitted Encroachments
in Yards for open decks in the side yard of 0.3 m (1 foot) whereas the required minimum setback
to any lot line in the side yard is 1.2 m (4.0 feet). The variances are needed to permit the
construction of a garage, carport and rear deck attached to the existing dwelling in the Village
Residential (R1) Zone, located on the east side of Chatham Street south of Cowper Street, known
as 28 Chatham Street in Port Burwell.
The effect will be to permit the construction of: an extension to an existing deck; a new garage; a
new carport attached to the garage; and a breezeway connecting the existing dwelling to the
proposed garage.
DISCUSSION
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 28, 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
Staff Report DS-37/19 Berschl Page 2
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-02/19 Berschl
2. IBI Memorandum dated May 28, 2019
RECOMMENDATION
"THAT the Committee of Adjustment Secretary-Treasurer's report DS-37/19
regarding the Berschl 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-02/19, pursuant to Section 45 of the PlanningAct for
minor variance, is granted to allow relief from Municipality of Bayham Zoning By-
law Z456-2003:
• Section 10.9.1 Minimum Side Yard Width of 1.2 metres(4.0 feet)whereas
1.7 metres(5.6 feet) is the required minimum setback for an attached two-
storey garage; and
• Section 4.26 Permitted Encroachments in Yards for open decks in the side
yard of 0.3 metre(1 foot)whereas the required minimum setback to any lot
line in the side yard is 1.2 metres (4.0 feet).
Respectfully Submitted by: Reviewed by:
Margare Underhill Paul Shipway
Secretaryffreasurer Committee of Adjustment CAOICIerk
.$A JCj ` File No. A- 0 /17
o y
11111144sv.')i REC � IVE
ppOrtunit t0Y°°` APPLICATION FOR MINOR VARIANCE APR 2 4 201
8
Planning Act, R.S.O. 1990, O. Reg 200/96 as amendedMUNICIPALITYOFBAIMANI
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) pp
a) Name Robe-4 t ersc k & c tL' ° c-
b) Mailing Address 2e ck A-k .i rN S4--r • Po (80x q Q
Qr..l NOS I TQ
c) Telephone No. Home: (SI -5440 Work:
d) Email Address rarplar.bvL e-rS @ 8vnai(•COr-t
Fax No. r112
2. SOLICITOR/AUTHORIZED AGENT
a) Name /2
b) Mailing Address
c) Telephone No. Home: Work:
d) Fax No.
Send correspondence to: x Owner(s) Solicitor/Authorized Agent 3`/d/_00,x -CU/—
FOR OFFICE USE ONLY
Application No.: -biz (i e 1Z S File No: /9-021q Date/Time of Meeting:
Date Received:rev?, Fee Received:c9000 `'z7 I Paid By:,dhe,-?L 6 et-5 Ch
Deemed Complete: N,�� , dt 'q Receipt#: q J( Committee Decision:
gg7577
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
h�a
4. Location of Land
a) Lot and Plan or Concession#: f'a_ 1 ( 31 PLAN) 1[R
b) Street/911 #& Name: 2‘?) 'j}-h P orf I3V t-1N�2.k
c) Roll# 34-01- 002.—W--4t 005-DODO
5. Nature and extent of relief applied for: n I 2 n
Mack;Nt b r'eezevvb./ /pot-6 OcD-P -k kovs �'v�Jv . a e+ ched
e'er, e0A.14 r cer c4 40 <z e+ cl ae 0 o u k l i
ewe � ,der-k ® rea, OR k0,612 - o fro g U- eXi s ;►� - e�ce .
6. Why is it not possible to comply with the provisions of the By-law?
Tr dec.K, wryer- hoj5e_ Ah prope.44-1 ire .
7. Dimensions of the entire subject land affected:
a) Frontage (m) 2(0,C
b) Depth (m) 4S, e
c) Area (sq.m/ha) 004 �2
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 Mair DVVeN1J 745 SCS,- . } ( ,> 5fore,A5
20x 4-> IN Size 2 I ewe I c000 H. .
b) Proposed G40
51,,k. _22_/,(30r
5,P - 22/,X 3 or (cro race `'i/ '(�
3 GO l2I )c-3-or
24/05/2017
Minor Variance 2016
Municipality of Bayham
Application for Minor Variance
Page 3
9. Date of purchase of subject land:--I l ( 2ot 4
10. Date of construction of all buildings and structures on subject lands:
11. Existing uses of the subject property: Rest Cb -\111
12. Length of time and existing uses to the subject property have continued:
13. Existing uses of abutting properties:
a) North Resl der,Art al
b) East (3.er\-2%
c) South ,o -1--i a�
d) West RCS.;fie►-xna\
14. Services available(check appropriate space(s))
a) Method of Water Supply (if applicable)
Public Water Supply System l Private Individual Well 0
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 0 Public Sanitary Sewer System 0
0 Other(please specify)
15. Present Official Plan designation: Iles 1 d-e vtiiri'a
16. Present Zoning Bylaw classification: Res
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 y1
24/05/2017
Minor Variance 2016
R-O49
STATUTORY DECLARATION
I/We, R, bP - 6er5C1 of the
nn Name of Applicant(s)
'rove0i`
r, Por- - KA-we (( in the t'l‘in\' Pal‘''.. 1 '$ hw-,
(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:
���(C?4'/, 0(41V%/ )
(City, Municipals ,Town,Township) ) Signature of Applicant or Authorized Agent*
Iinthe / ? �) /� 1 )
(County/District/Region) ) I Signature of Applicant
)
this day of 44rd , 20 * )
Signature of Applicant
/":410, )
il'AidrAiiiii.._ )
A Commissioner, etc. )
MARGARET UNDERHILL,a Commissioner, etc. * 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 Bayhaaa. application.
24/05/2017
Minor Variance 2016
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Marg Underhill
From: Robert Berschl <norplanbuilders@gmail.com>
Sent: Monday,April 29, 2019 2:32 PM
To: Marg Underhill E C E I V E
Subject: Re: Minor Variance Application - 28 Chatham St
Attachments: Minor Variance.pdf;ATT00001.htm
APR 2 9 2019
Hi Margaret: MUNICIPALITY OF BAYIIAM
Here is the additional information you requested.
1. Proposed percentage of lot coverage is 20%. Lot Area is 804 sq.m. or 8654 sq.ft.. Proposed Garage
and Carport along with existing dwelling totals 1,769 sq.ft.
2. Height of the accessory garage/carport will be 16'.
3. See attached drawing
4. See attached drawing
5. See attached document.
If you require any additional information please do not hesitate to contact me.
Best Regards,
Robert Berschl
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nECEIVE
April 26, 2019. APR 2 9 2019
MUNICIPALITY OF DAYHAPII
Municipality of Bayham
56169 Heritage Line
P.O. Box 160
Straffordville, ON
NOJ 1Y0
Attention: Margaret Underhill
Deputy Clerk
Planning Coordinator
RE: Letter of Authorization
Minor Variance Application
28 Chatham Street, Port Burwell, ON
I, Kelly Spooner-Berschl, authorize Robert Berschl to act on my behalf on all aspects regarding
the Minor Variance Application we are applying for regarding 28 Chatham Street, Port Burwell,
ON.
Regards,
• AO
"/RAI, • f-5
Kelly Spooner-Berschl
IBI GROUP
B 203-350 Oxford Street West
London ON N6H 1T3 Canada
iii 111 tel 519 472 7328 fax 519 472 9354
C I ibigroup.com
Memorandum
To/Attention Municipality of Bayham Date May 28, 2019
From William Pal, MCIP, RPP Project No 3404 - 721
cc
Subject Robert Berschl and Kelly Spooner-Berschl -Application for Minor
Variance to Zoning By-law#Z456-2003 Plan 11 R-8530 Part 1 Lot
39, 28 Chatham Street, Port Burwell
1. We have completed our review of Minor Variance application A-02/19, submitted
by Robert Berschl and Kelly Spooner-Berschl for lands located at 28 Chatham, Port
Burwell. The applicant is requesting a variance is to grant relief from the Zoning
By-law regulations in Section 10.9.1 Minimum Side Yard Width of 1.2 m (4.0 feet)
whereas 1.7 m (5.6 feet) is the required minimum setback for an attached garage;
and Section 4.26 Permitted Encroachments in Yards for open decks in the side
yard of 0.3 m (1 foot) whereas the required minimum setback to any lot line in the
side yard is 1.2 m (4.0 feet). The variances are needed to permit the construction
of a garage, carport and deck attached to the existing dwelling in the Village
Residential R1 Zone. 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.
2. The subject lands have a lot frontage of 26.6 m (87.2 feet) on Chatham Street; a
lot depth of 45.8 m (150.2 feet) and lot area of 804 m2 (0.177 acres). It is located
in the Village of Port Burwell and is adequately serviced with a public water and
public sewer services. There is an existing dwelling and an accessory garage. The
intent is to remove the garage and replace it with a new garage, carport and deck.
Land uses to the north, south, east and west are residential. The site is a corner
lot fronting onto Chatham Street and flanking onto Cowper Street. Cowper Street
is a dead end street with two single detached dwellings and low volumes of traffic.
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 to reduce the side yard by 0.5 m to 1.2 m represents
a reduction of 29%. The requested variance to reduce the deck
encroachment by 0.9 m to 0.3 for the represents a reduction of 75%. The
variances are minor in nature as they will not have an impact on the abutting
land uses.
IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies
IBI GROUP MEMORANDUM 2
Municipality of Bayham—May 28,2019
• Is the variance desirable for the use of the lands?
The existing dwelling, proposed garage, carport and deck additions are
appropriate uses for this residential location. The lot is located at the corner
of Chatham Street and Cowper Street being a dead end street. The proposed
deck will not impact surrounding land owners. The deck is a logical location
in relation to the existing dwelling and will not be impacted by the street. The
proposed garage will not impact abutting property. It is desirable to allow the
deck and attached garage based on the location and orientation to the street.
• 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
minimize impact from the site to surrounding uses. The deck abuts a dead
end street with low volumes of traffic and will not impact the public use of this
area. The reduction in the side yard for the garage will not impact the abutting
property owner provided sufficient access is available to maintain the garage.
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 garage and deck as
conforming land uses. The intent of the Official Plan is maintained to allow a
reduced setback from Cowper Street and the interior side yard for the
attached garage.
7. Based on our review of the application and the tests for a minor variance, we have
no objection to granting the requested minor variances to Section 10.9.1 Minimum
Side Yard Width of 1.2 m (4.0 feet) whereas 1.7 m (5.6 feet) is the required
minimum setback for an attached garage; and Section 4.26 Permitted
Encroachments in Yards for open decks in the side yard of 0.3 m (1 foot) whereas
the required minimum setback to any lot line in the side yard is 1.2 m (4.0 feet).
way,:
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