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June 20, 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 20, 2019 6:00 p.m. A. 2210064 Ontario Inc. VanRoboys B. Murray 1. CALL TO ORDER 2. APPOINTMENT OF CHAIRMAN 3. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 4. APPLICATIONS A. Minor Variance Application A-05/19, 2210064 Ontario Inc. (VanRoboys) THE PURPOSE of the variance is to grant relief from Section 5.2 — Permitted Uses in the Agricultural (A1) Zone on a 34.7 ha (85.7 acres) parcel of land located in Part Lots 129 and 130, Concession 7 NTR, on the north side of Heritage Line, east of Toll Gate Road, and known municipally as 56998 and 57064 Heritage Line. THE EFFECT of this variance will permit up to two (2) mobile homes as supplementary farm dwellings on an agricultural lot in accordance with Section 2.1.10 of the Official Plan B. Minor Variance Application A-06/19, Murray THE PURPOSE of the variance is to grant relief from Section 5.2 — Permitted Uses in the Agricultural (A1) Zone on a 39.3 ha (97 acres) parcel of land located in Part Lot 24, Concession 5 on the south side of Jackson Line, east of Owl Cage Road, and known municipally as 57057 and 57083 Jackson Line THE EFFECT of this variance will permit up to three (3) mobile homes as supplementary farm dwellings on an agricultural lot in accordance with Section 2.1.10 of the Official Plan. 5. STAFF PRESENTATION A. Report DS-42/19 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment re Committee of Adjustment Minor Variance —A-05/19, 2210064 Ontario Inc., 56998 Heritage Line B. Report DS-43/19 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment re Committee of Adjustment Minor Variance —A-06/19, Murray, 57057 and 57083 Jackson Line 6. PRESENTATIONS BY APPLICANT/AGENT 2019 Committee of Adjustment Agenda June 20, 2019 7. PUBLIC SUBMISSIONS 8. COMMITTEE QUESTIONS AND DISCUSSION 9. DECISION OF COMMITTEE (Motions) 10. ADJOURNMENT A-05/1 9 10.Y11.44 NOTICE OF A PUBLIC MEETING �I�� ��►; CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM °A./„.46-- l'tunity Is.o APPLICANT: 2210064 ONTARIO INC. TAKE NOTICE that the Municipality of Bayham has received a completed application for a proposed Minor Variance (A-05/19). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday June 20th, 2019 at 6:00 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 Section 5.1 — Permitted Uses in the Agricultural (A1) Zone on a 34.7 ha (85.7 acres) parcel of land located in Part Lots 129 and 130, Concession 7 NTR, on the north side of Heritage Line, east of Toll Gate Road, and known municipally as 56998 and 57064 Heritage Line. THE EFFECT of this variance will permit up to two (2) mobile homes as supplementary farm dwellings on an agricultural lot in accordance with Section 2.1.10 of the Official Plan. 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 7th day of June 2019. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham it P.O. Box 160, 56169 Heritage Line Straffordville, ON, NOJ 1YO T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill(c�bavham.on.ca W: www.bavham.on.ca SUBJECT LANDS /0) Oi4A�Ey�� . t -- Fgp01 p--.� . - ' GRE_ NUN a o� ij15 m r =1p io , , .ii J� ¢ 3 '�� l ubto 534ttittli i ikE V✓ORINTH �� w '' ' '.. r .. ii i y5336a �' �_— .,EST 66 O. tom.• LINE _, • i,:i0 , - - /:` 141.4, +r _ --CAR .':: / '"'= Z � •N LINE `�`:';:, /" i. 0. Eii, D a' cc ti i;:"a r EI'_' D O,� yy2 3. 0 III!iii;.--.__ _�O s IMF W o�y"Y�Q rcill1:1 V ...- .- L E 7 r I� ORTH .. ' EDEN LINE J I HALL _ 57024 U J. i - ,Ei: rF EDEN: ico —:: iisi SHADY `,r4: u� 52637 €:0 c ,. •� LANE GE 579j5 .3 :,: s RID .3;.' rp Z< ` `�;OTTERGATE LINE SALDWIN , UNE a UNE • PLE GROVE`' i.li i to` i- \ Iii Sa LINE• RICH:4ONI' SPo LAo fISIISSI 9� Oe :RI `T �. UN i 5B338 ?�, 04 O j 2.� - 0 117 5612 iIIt_ m� ir 526 . (/ J I I . . .. N w 1 �43 m STRAFF+I "DV!J LE o VI W O LIN p'f' $ • 0 re 5`707 ONVN € s..—._ ,. 52398 ES_ ' N _. \ f �: ,,� i l 52647 . .!A NE K ,l .\\ Yuili-i-,----i--, 1 i , r I € ii 7`\ 1 0. �� tJ `n ,'. is%0 Q j w 1 57.,.2.11;':,i70'-',-,, 0 ut m o' .cALTO 2 p O'i . ALTON 5 N <.° € :. 0 Q . .._,�° ,45 - p -700 LI O 52s5i p;',.;' U) ¢ .,,Ne w o ��ll Nail_ ;53481 p O Y _ W d 5 Z i Z ¢ = _Q n O O Z O i,. �„ 1...)• ,I °II 0 .2 ¢. _ J _5754 :;: Ual'':ii II - O O 6 J ..n 4-: � 53348 €;iill IN CQ NC'G,gN I Lil 1,1 0 .i.41 59395 z' f; O tY • i 5558] 52521 :: 'N s`13: m O���� _ I�?7T7eN/yq CIN M,N �i GHEE C/G/y�-v 7'°`;. , IPtill E- m � NF <> O p ' d gLAKEVIEW ;'?c O p r t S O IY ¢ I 52667 O ii 34916;.'– 5g38 Z iii ii o .�QTIgv 2 XX O Ili :^ do wp OY N 01 1.115 . . e p29 : . ----------- �-� a• t�J0 O yo, , © ;�' ' i N •6psi ERia O • EVN 0 cc O PROVINCIAL i,- m a 579291,. ; ,�`F "nv—€ P•RT BURWELL --,- SyORf - ..1 n 6kr& <.c A-06/19 $AYNOTICE OF A PUBLIC MEETING -��r �v' CONCERNING A PROPOSED , MINOR VARIANCE O4::4 � {y IN THE MUNICIPALITY OF BAYHAM pounity I&Yo, APPLICANT: D & C MURRAY TAKE NOTICE that the Municipality of Bayham has received a completed application for a proposed Minor Variance (A-06/19). TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday June 20th, 2019 at 6:00 p.m. in the Municipal Council Chambers, 56169 Heritage Line 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 Section 5.1 — Permitted Uses in the Agricultural (A1) Zone on a 39.3 ha (97 acres) parcel of land located in Part Lot 24, Concession 5 on the south side of Jackson Line, east of Owl Cage Road, and known municipally as 57057 and 57083 Jackson Line. THE EFFECT of this variance will permit up to three (3) mobile homes as supplementary farm dwellings on an agricultural lot in accordance with Section 2.1.10 of the Official Plan. 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 7th day of June 2019. KEY MAP Margaret Underhill MUNICIPALITY OF BAYHAM Planning Coordinator/ Deputy Clerk __ Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, NOJ 1Y0 Telephone: (519) 866-5521 Fax: (519) 866-3884 E: munderhill(d bayham.on.ca 2 r'� oNg W: www.bayham.on.ca _ict HSTNDS �c,,,To I LP ,-- I ._ _-- - . 1 :::.''-'''''.:'C'7'74',' �: t: " z 1 f _S a' 1 1 1 BAR& 1. - l'o'''''' .t- .Nile ,., i 56001 -sA\, Ali:COi �- _> ,Y`�`G�REEN LINE a ''',11:, ;fi` �. y 9 h. ' s :1. r_`_,.-1111-"FA47 a p 't, W": ° 0 3 ` 3q 9 — 1 6 ORINTH a w . 533{x: N :6,: \'{ ..;_ - - - :EST UNE - N �.' !. s', 11, 55025 La^'C \ ' i ��CAR. rJ E t LIN -.B Bio r :1; III o m NI ;;, at ; ash; • ' o Oi ; EDEN LINE = O :41111 OATH 55Gs ._ 24 a 72 HALL 44 57o N �.: SHADY EDE 5797 .' 17 52637 i,iD E E S "! i Zii 4„.1-.E.-S- • _�OT7ERGATE LINE BALDVVIN In LINE EE °iii LINE °" LEGROVE:' ;:::a a. I, :. to€i;i .` f16 Z LINE C / INCE ? j`. ,�- 'F=__ OIF '9.4/,„ Q LINE Eii i;3 isi ,4-o �Gs G UNE Z� HOWEy a::. m 53 1> 1 JNE ::_i -ICHMONa C O LAu E:'f: ii '� O 9� Oi3 Sag;.,� - 9� )` E iiii• a iil Q yD}. �: m PGE 38 ❑... 535 5 j.:: l4. b 0O 5612, • 11r� ,ER��� ; / a J 52/ &Ms I�� n w a - v aSTRAFF�:I I LE o ./ S bf 43 0 m 4q Z 3 MERs LINE rgw I a 14(4. 3 � 1 C 523981 ,SES_ 101Li rlieio i ri 52647 1.1NE 1 ..`� .�.iN •`1.1)) . _ 4 w p 1 ix 1' �,ah CAL TON i Ct ❑Q" Q p `z L, ALTON w.s 'w.5 O O ¢ s', r 152651 z i53 . Z Q 0 'Z h O 1111 1 4 O L...., Z C N J : Oil Oil. O I a 7 p 4. J -- 57540 .-iii: I I O O J :n i:; t,� 11:11 O ��`$>; ::.!.. cs. y m ars F �..._ t. �i.� gip'„::,EiE 0 M q. • m li N 53348'✓'._._^rhCQNGgN•.r ace 0 �.�.IX uoSg3gS 52521 _ f:3 ; .101 ,N O a • 'sss8j rn ill \- ,m Off• �� O 1=- X27>I�NN4Loy M1N ll0- VG" JN- .'ii s FT NE E S>g �LAKEVIEW C 'Z 0 p ❑ VIENNA 20 e s z o a p • 02801 O a 564381 64 1 • 38 2 if.ii iiiiii 3qs 0 54360 3 ❑ I.� 1- o ❑°Or-I �l 2 o NiyF�,. Nm . >> e isili I ll a lrpe Z y 0 57829 '::---./if, l m�J�a 0 y y I' 03 a 111 E�7 .1111P,,` O • a ❑ 4NF :. ....: .....,.: PROVINCIAL` 'gym u" 578 ;i PARK F Lgke 2B LN@ SF/°RF P•RT BURWELL ^ 4:111 '64e 1V41 4; 1. f�� . W :l: iNXICH.44 REPORT o t y DEVELOPMENT SERVICES Po,.tunity Isco TO: Committee of Adjustment Members FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment DATE: June 20, 2019 REPORT: DS-42/19 FILE NO. C-07/ D12.2210064 Ontario Inc Roll #34-01-000-004-11000 SUBJECT: Committee of Adjustment Minor Variance—A-05/19 2210064 Ontario Inc., 56998 Heritage Line BACKGROUND: 2210064 Ontario Inc. (Jeff VanRoboys) has submitted a minor variance application for property known municipally as 56998 and 57064 Heritage Line. The property is designated "Agriculture" on Schedule "Al" Land Use and Existing Petroleum Well on Schedule "A2" Constraints in the Official Plan and zoned Agricultural (A1) in Zoning By-law Z456-2003. The purpose of the variance is to grant relief from Section 5.2— Permitted Uses in the Agricultural (A1) Zone on a 34.7 ha (85.7 acres) parcel of land located in Part Lots 129 and 130, Concession 7 NTR, on the north side of Heritage Line, east of Toll Gate Road, and known municipally as 56998 and 57064 Heritage Line. The effect of this variance will permit up to two (2) mobile homes as supplementary farm dwellings on an agricultural lot in accordance with Section 2.1.10 of the Official Plan. DISCUSSION: The land owners grow 464 acres of fresh vegetable produce consisting of cucumbers, squash and peppers and require seasonal farm workers to plant, cultivate and harvest. 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 June 12, 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 for supplementary farm dwellings and recommend the granting of the variance. At the time of writing this report, no written public comments have been received. Staff Report DS-42/19 2210064 Ontario Inc. Page 2 ATTACHMENTS 1. Application for Minor Variance A-05/19 2210064 Ontario Inc. 2. IBI Memorandum dated June 12, 2019 RECOMMENDATION "THAT the Committee of Adjustment Secretary-Treasurer's report DS-42/19 regarding the 2210064 Ontario 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-05/19 submitted by 2210064 Ontario Inc., pursuant to Section 45 of the Planning Act for minor variance, is granted to allow relief from Municipality of Bayham Zoning By-law Z456-2003: • Section 5.2 Permitted Uses — to permit the placement of two (2) mobile or modular homes as supplementary farm dwellings for the purpose of accommodating up to ten (10) seasonal farm labourers not to exceed eight (8) months of the year during the farming season on property known as 56998 and 57064 Heritage Line in accordance with Section 2.1.10 of the Official Plan. Condition of Minor Variance: Building permits required for the placement of the supplementary dwellings. Confirmation to the satisfaction of the Municipality of sufficient on site capacity for potable drinking water and a septic system for supplementary dwellings. Development Agreement In accordance with Official Plan Section 2.1.10.2 with the Municipality of Bayham be executed within 60 days of minor variance approval. Respectfully Submitted by: Reviewed by: Margaret Underhill 'au Shipw-," SecretarylTreasurer Committee of Adjustment CAOICIerk File No. A® (, )C/ ikg.;; Nkak A<� 4: PPUU� ., �� .4 HE C E V E Pox nity 3.9.0"%'cw 3 s APR 4 . � x.� E 252019 Planning Act, R.S.O. 1990, 0. Reg 200/96 as amended MUNICIPALITY OF 6AYHAM The undersigned hereby applies to the Committee of Adjustment for the MUNICIPALITY OF BAYHAM 56169 Heritage Line P.O. Box 160 STRAFFORDVILLE, ON NOJ 1Y0 Telephone:519-866-5521 - Fax: 519-866-3884 Under Section 45 of the Planning Act, R.S.O. 1990 for relief, as described in this application, from By-Law No.Z456-2003 (as amended) Municipality of Bayham. Application to be accompanied by the fee of$2000.00 in cash or cheque made payable to the Municipality of Bayham. 1. OWNER(S) a) Name c S V �Obe S c9 a (OO(fq O -6 r o Inc b) Mailing Address 2,3 9 55- pc,nce_ Ra C- \Ck\ 1f\Q(`n c) Telephone No. Home: Work: \e d) Email Address ' c;:o v G,nry\ -rj0q S @ - . , CO, Fax No. J 2. SOLICITOR/AUTHORIZED AGENT a) Name A Ni\l'. (Dyck T-GfmS Livr�-�ecj, b) Mailing Address 533 L3 I-allot* 41 c-1 ha l1 uycI ) l��I►� � CSN /VSH / c) Telephone No. Home: ? (0 231 2 ?]I 5,,,// Work: / / d) Fax No. adir l✓J e dyck1''Grf'/11$I/rn1 ed. Ce- Send correspondence to: Owner(s) i✓ Solicitor/Authorized Agent FOR OFFICE USE ONLY 3570/- 000 -oo'/— //000 Application No.: /9- 0S7r9 File No: Dig. Date/Time of Meeting: Date Received:/4,0.01. Fee Received:r9,000 w Paid By:6v`turc ,ic/ o t tt Dyck Deemed Complete: Receipt#: jet-7 5p 9 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 Se c c \Ian Kv60LS Z39 55 Piy 1411X/L Pd ellai-iicon / G IV 4. Location of Land S�� a) Lot and Plan or C o /n ��c es ssion#: l„, f\/-�-R PT LOTS /29 I� b) Street/911 #&N�fti"e.' �r7 f 5-/O 6,L f Ice )4ti A-0) /I r.g 3`/C' c) Roll# 34-01- U©0 00q _ // 000 5. Nature and extent of relief applied for: �1 r a 1 LAS i r1 h i r^ t ti p -�aY 7 ti�CA� U�S �vcm • J �yy k. l� S'e-c:-/i-on �0 2 ier.-r►;//ca/(fsc's /, 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? 1 ()E. 61A9h kouSYAs Qt f( au Cu 1 ce6 L raTv 7. Dimensions of the entire subject land affected: E4rreS . a) Frontage(m) /5, 24 rY) 'Yb m b) Depth (m) 6096 Ir) /7 c) Area (sq.m/ha) 9,,,5„0. (7.52 , 3V, 7 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 pQf� �— R f},2 (0 S b) Proposed 2 FIO6Jk / HocI LL/Or NI-MS ulo - 0f,i�, 0,--caprA'llys)/fig" 24/05/2017 Minor Variance 2016 Municipality of Bayham Application for Minor Variance Page 3 9. Date of purchase of subject land: L \ )L CI CCA 2019 10. Date of construction of all buildings and structures on subject lands: Upa ) 04pp rot)QC 11. Existing uses of the subject property: - rr �t e_� �I_b1- �. rt7 (L a- S I{OMin IP' I 12. Length of time and existing uses to the subject property have continued: 13. Existing uses of abutting properties: a) North iN b) East U---F bti 1I d d CSS !Y), nay— s416 P c) South RCS i den h• UIl c& _�^' (j e_c_Lt (( l •kot d) West e G'V^ TU C V I S V<. ( AJd YC . 14. Services available(check appropriate space(s)) a) Method of Water Supply(if applicable) Public Water Supply System ❑ Private Individual Well [i33 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 Er Public Sanitary Sewer System ❑ ❑ Other (please specify) 15. Present Official Plan designation: I-tGl2Aeut,-���E 16. Present Zoning Bylaw classification: YA -.CAA L -f &I C Pt> 17. Has the owner previously applied for a minor variance in respect to the subject property? Yes ❑ No E If Yes, describe briefly: 18. Is the property the subject of a current application of consent/severance? Yes ❑ No Er- 24/05/2017 Minor Variance 2016 STATUTORY DECLARATION l/We, Cie.4h0rd DYCIC Ann; c_ '[G, SSe/1 of the Name of Applicant(s) QLi hcirn )'(.l n ci'p 4/4 in the eeLtillil O tl S l y1` (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: kik n c II (City, Ntunicipaliti,Town,Townshio) ) Signature of Applicant or Authorized Agent" (� LI ) in the C Du n,___(/ t ) (County/District/Region) ) Signatdire of Applicant this day of Apc, ,201 ) Signature of Applicant ) < ( ) A Co missioner, 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 T .. ,.,:,,,,, .. 5 ,..„ ,,„ \ „ „, 1.-- _, ..„,, .! --� si06 � r i — — ��',v � ti - OA 4 Ai, 7,,,, - ,,,. A -,, t 1 . 1 g. ,:,„t,x4r:' -e....--:3---\'''"----:__—\`'?-;.cl-lri--'''''''---,,,,,,'"\\':---1:\.,..,\)\-.,e. ...,_, , . \ A ,, . 1 L ', 4 t ',k \ „:,, ,k ri' el. cl, , l co od C71.L kiti alex- • r I.• 3 cif:v, e. ; :.(Thi Q C Y t1 a 'a _�_.1 „,,... i ,i (I\_ \ \ (---\ E\ C I d - -� E _ qtr/ t 1 II II • = A J?I( !(I41EDate• April2S 2019 /• To: Municipality of Bayham From: Jeff VanRoboys President Re: Agent Authorization T Dyck Farms Limited • Please accept this letter to authorize Dyck Farms Limited to act as an agent on behalf of 2210064 Ontario Inc 0/a The Pickle Station for all matters relating to the property owned located at 56998 Heritage Line, Municipality of Bayham. Dyck Farms Limited consists of Gerhard Dyck, Paul Dyck and Annie Klassen. For any email or written correspondence between the Municipality and Dyck Farms Limited, please copy the following: Jeff VanRoboys jeff.vanrobovs)tvf.ca 23955 Prince Albert Rd Chatham, ON, N7L OG1 Buzz Vlasschaert buzz@thepickiestation.ca 23955 Prince Albert Rd Chatham, ON, N7L 061 Thank you, eff VanRoboys 401, President The Pickle Station l April 25, 2019 Margaret Underhil:' Municipality of Bayham 56169 Heritage Line Straffordville,ON NOJ 1Y0 Dear Ms. Underhill, In addition to the Application for Minor Variance, I would like to offer some additional information as to the necessity of our request. Dyck Farms Limited is the producer of 464 acres of fresh vegetables consisting of cucumbers, squash and peppers.To help harvest the fresh produce,we have 9 families that require housing on a seasonal basis. Currently, and for several years the housing market has a large shortage in properties available for rent,specifically within a forty-five-minute drive of our farming land. This has been an on-going problem for several years and moving forward we would like to solve this issue using the mobile/modular homes Thank you for your consideration. Sincerely,�� / Annie Klassen Dyck Farms Limited Jc,,ie /9/9% ie ia/ /%i s 4Vacris are /ocez / ire &yAvn - C.ccurn / rr���//es ��i�� Ao 3-iii On 7/i.>own e/seui`i€re -- Dyc/ f6-7/s^ Q'6rs moo/ owo any , ser / ` 5T „ ✓ MAY 01 2019 0 DYCK MUNICIPALITY OF OAYNAM FARM S Section 2.1.10 Supplementary Farm Dwellings b) Existing Dwellings: Dyck Farms Limited currently has no existing dwellings on the farm. The property consists of a barn for operating and an office. There is also an old barn used for storage. c) Location: It is the intent of Dyck Farms Limited to place the modular homes next to the tree line with the storage on the other side of the tree line:the tree line serving as a buffer between the two. The homes will be using a small portion of the farming land which has little impact on the farm land. The dwellings are not in close proximity to any other dwelling, however there is also a tree line separating the nearest dwelling from the proposed site. d) Size and Type:The mobile/modular homes are 1280ft2. This will accommodate the needs of the temporary farm help for the farming season and will accommodate both health unit and building code requirements. e) Dyck Farms Limited is moving forward with plans of digging a well which will provide fresh water to the temporary dwellings. We are also looking at options and will have a concrete plan for sewage that will be in compliance with the municipality's expectations. f) Vehicular Access:Access to the mobile/modular homes is by one very wide U-shaped driveway with plenty of land surrounding the driveway that will prevent any hazards in coming on or going off the driveway. 77 9 ELGIN MAPPING 5-6 I9i t 5-706.V' /c/e/- I yt Lis-�eMil, 111,11:11111F, . . .. . . . . . . „, .. .. Legend lI Local ^ Arterial — Highways '• •.\ 77 Lagoons y k 1 C , 1 ;- A a l Sts .i.. n, I ;i u . p r r ; t e ii - 1: 8,815 Notes 0.4 0 0.P2 0.4 Kilometers This map is a user generated static output from an Internet mapping site and is for ' reference only.Data layers that appear on this map may or may not be accurate, WGS_1984_Web_Mercator_Auxiliary_Sphere current,or otherwise reliable. U Latitude Geographies Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION ru.= IBI GROUP I B I 203-350 Oxford Street West London ON N6H 1T3 Canada tel 519 472 7328 ibigroup.com Memorandum To/Attention Municipality of Bayham Date June 12, 2019 From Paul Riley, CPT Project No 3404 -723 cc William Pol, IBI Group File Subject 2210064 Ontario Inc. -Application for Minor Variance to Zoning By- law, Pt Lot 129 and 130, Concession NTR, 56998 and 57064 Heritage Line 1. We have completed our review of the Application for Minor Variance A-05/19 submitted by 2210064 Ontario Inc. for a parcel of land located on Part Lot 129 &130, Concession NTR on the north side of Heritage Line, east of Toll Gate Road, and known municipally as 56998 and 57064 Heritage Line. The applicant is requesting a minor variance to Zoning By-law Z456-2003 to grant relief from Section 5.1 —Permitted Uses in the Agricultural Zone to allow up to two (2) mobile homes as supplementary farm dwellings in accordance with Section 2.1.10 of the Official Plan. The subject lands are zoned Agricultural (A1) in Zoning By-law Z456-2003 and designated 'Agriculture'on Schedule 'Al' Land Use and 'Existing Petroleum Well' on Schedule 'A2' Constraints in the Official Plan of the Municipality of Bayham. 2. The subject lands have a lot frontage of 410 m (1,345 ft), a lot depth of 500 m (1,640 ft) and a lot area of 34.7 ha (85.7 acres). The lands are characterized as an agricultural property with cultivated fields and comprise two barns. The smaller barn is used for storage and the large barn is used as an office and for grading squash. Surrounding uses are agriculture to the north and east and agriculture and residential to the south and west. There is a neighbouring residence approximately 60 m (196 feet) from the proposed seasonal dwellings. The lands are adjacent to the village of Straffordville boundary. 3. Official Plan Section 2.1.10 states that the Municipality supports the erection or placement of additional dwellings on farm parcels where the size or nature of the farming operation warrants additional dwellings. Such dwellings may only be permitted by a minor variance to the Zoning By-law and may not be severed from the farm operation. Such dwellings may be temporary dwellings in the form of a mobile home or modular home; or a permanent dwelling in the form of a converted dwelling or bunkhouse. Farming operations shall refer to any parcels owned, or owned in part by an applicant. The applicants are seeking approval for up to two (2) mobile homes. The mobile homes are proposed to be located next to a row of trees, screened from Heritage Line and partially screened from the abutting dwelling. New septic and water well services will service the proposed dwellings. IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects IBI GROUP MEMORANDUM 2 Municipality of Bayham—June 12,2019 4. Establishment of supplementary farm dwellings will be permitted subject to the following criteria: a) Need: The applicants have provided information indicating that they require farm help in the form ten (10) additional labourers to the nine (9) families (renting off- farm)currently hired for seasonal labour. The labour is required to adequately meet farm demand for 187 ha (464 acres) of fresh vegetables consisting of cucumbers, squash and peppers. b) Existing Dwellings: The lands comprise of two (2) barns. The farm operation property located at 53363 Talbot Line has one supplementary farm dwelling for seasonal labour permitted through minor variance. There is no existing dwelling to house the labourers and there is a lack of local labour and rental housing, therefore, there is a need for supplementary farm dwellings in the form of two mobile homes. c) Location: Our review of the conceptual sketch provided by the applicants and the most recent aerial photographs indicates the new mobile homes will be located in an area adjacent to the main farm building and will have existing driveway access. This area is suitably removed from the nearest off-site dwelling to minimize any potential nuisance impacts. It is our opinion that this is a suitable location on the subject lands for supplementary farm dwellings to be located. d) Size and Type: The proposed mobile homes are the preferred form of housing as they can be more easily removed from the property. The Chief Building Official should be satisfied that the mobile homes can meet public health and safety requirements for the total number of persons to be housed. e) Services: Based on the sketch provided by the applicant the proposed trailers will require a new well and septic services. The applicant shall provide confirmation that the septic system capacity and the proposed well are sufficient for the additional trailers. f) Vehicular Access: The proposed dwellings are located within close proximity to the existing farm building and the existing driveways which avoids the need for additional driveways. The additional seasonal labour housing is unlikely to increase traffic hazard risk. 5. Section 45.(1) of the Planning Act outlines the four"tests"with which the Committee of Adjustment must be satisfied with when considering an application for a minor variance to the Zoning By-law. The following outlines our analysis of these tests: • Is the variance minor in nature? The variance of use is minor in nature, insomuch as dwellings are permitted on agricultural lots, and the Municipality has stated support for additional supplementary farm dwellings in accordance with the above criteria. IBI GROUP MEMORANDUM 3 Municipality of Bayham—June 12,2019 • Is the variance desirable for the use of the lands? The proposed mobile homes are intended to house seasonal farm labourers for support of agricultural uses and this form of non-permanent residential use is a desirable use of the lands. • Does the variance maintain the general intent and purpose of the Zoning By-law? The Zoning By-law permits a variety of agricultural uses in the Al Zone. The requested supplementary farm dwellings are deemed to be complementary to agricultural uses as they would provide additional support to continue normal farming operations; and therefore the variance would meet the intent and purpose of the Zoning By-law. The site has adequate lot frontage, lot depth and lot area. • Does the variance maintain the general intent and purpose of the Official Plan? The intent and purpose of the 'Agriculture' land use designation is to provide for all types, sizes, and intensities of agricultural uses and normal farm practices. It is our opinion that supplementary farm dwellings maintain the intent of the'Agriculture' land use designation. With respect to the 'Existing Petroleum Well"designation, the policies of Section 2.5— Petroleum and Salt Resources of the Official Plan do not preclude agricultural activities on the surface of said lands. 6. Based on our review we would have no objection to the requested minor variance to permit two trailers as accessory living quarters for a maximum of ten (10) seasonal farm labourers on the property where the following conditions have been fulfilled: • The owner enter into an agreement with the Municipality for the removal of both trailer buildings from the property no more than six(6) months after the existing vegetable and cash crop farm operation has ceased and that the buildings and site be maintained in accordance with the By-laws of the Municipality of Bayham. • The owner provide written confirmation from the authorizing agency, to the satisfaction of the Municipality, that there is sufficient on site capacity for potable drinking water and a septic system for both the and proposed trailers. /f R1.* IBI GROUP Paul Riley, CPT Consulting Planner to the Municipality of Bayham VoNYH-4 REPORT 00DEVELOPMENT SERVICES —ortunity Ism TO: Committee of Adjustment Members FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment DATE: June 20, 2019 REPORT: DS-43/19 FILE NO. C-07 / D12.Murray Roll # 34-01-000-003-07400 SUBJECT: Committee of Adjustment Minor Variance —A-06/19 Murray, 57057 and 57083 Jackson Line BACKGROUND: Wm. Dan and Carolyn Murray have submitted a minor variance application for property known municipally as 57057 and 57083 Jackson Line. The property is designated "Agriculture", "Natural Heritage" and "Natural Gas Reservoir" on Schedule 'Al' and "Hazard Lands", "Significant Wetlands" and "Significant Woodlands" on Schedule `A2' Constraints in the Official Plan and zoned Agricultural (A1) in Zoning By-law Z456-2003. The purpose of the variance is to grant relief from Section 5.2— Permitted Uses in the Agricultural (A1)Zone on a 39.3 ha (97 acres) parcel of land located in Part Lot 24, Concession 5 on the south side of Jackson Line, east of Owl Cage Road, and known municipally as 57057 and 57083 Jackson Line. The effect of this variance will permit up to three (3) supplementary farm dwellings on an agricultural lot in accordance with Section 2.1.10 of the Official Plan. DISCUSSION: The land owners grow asparagus, raspberries, cucumbers, peppers and tobacco — all hand harvested and labour intensive. They currently employ 70 people. 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 June 12, 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 for supplementary farm dwellings and recommend the granting of the variance. At the time of writing this report, Staff Report DS-43/19 Murray Page 2 no written public comments have been received. ATTACHMENTS 1. Application for Minor Variance A-06/19 Murray 2. IBI Memorandum dated June 12, 2019 RECOMMENDATION "THAT the Committee of Adjustment Secretary-Treasurer's report DS-439 regarding the Murray 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-06/19 submitted by Wm. Dan and Carolyn Murray, pursuant to Section 45 of the Planning Act for minor variance, is granted to allow relief from Municipality of Bayham Zoning By-law Z456-2003: • Section 5.2 Permitted Uses —to permit the placement of two (2) mobile or modular homes as supplementary farm dwellings for the purpose of accommodating up to additional 12-18 seasonal farm labourers not to exceed eight (8) months of the year during the farming season on property known as 57057 and 57083 Jackson Line in accordance with Section 2.1.10 of the Official Plan. Condition of Minor Variance: Building permits required for the placement of the supplementary dwellings. Confirmation to the satisfaction of the Municipality of sufficient on site capacity for potable drinking water and a septic system for supplementary dwellings. Development Agreement In accordance with Official Plan Section 2.1.10.2 with the Municipality of Bayham be executed within 60 days of minor variance approval. Respectfully Submitted by: Reviewed by: jrriolrar /Margaret Underhill' '=ul - SecretarylTreasurer Committee of Adjustment CAOICIerk File No. iko" 0607 r! t:) • APPLICATION FOR RE C E I V E pp�xfunity�gYoo MINOR VARIANCE APR 3 0 2019 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 STRAFFORDVILLE, ON N0J 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 164 , •D /t)( Gtt/d (e 1414 y (11-/zoly' /21(4 re- b) b) Mailing Addressg 0 co-AckctJ L_/N E . c) Telephone No. Home: 57 9.. S6,6,-, '"-6 ((-1 Work: d) Email Address ra Ut Yi , 1/1 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.: A7Zp(,//� File No:D10 rylUr°�� Date/Time of Meeting: Date Received:Ar, ao jq Fee Received:5O6) ` Paid By: ///e m/).`v: 6 r jyj, / Z'q?��t Deemed Complete: Receipt#: c9 q 7 66,-7 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#: �G7 � 0_0() a b) Street/911 #&Name: 5-7057 ? 6 06,3 / � � / 1 4),y c) Roll# 34-01-000 -oo,3 07 v-00 -0060 5. Nature and extent of relief applied for: S pp\ Q . - � t". AvQr ,rtn\5 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? w ‘ -.Q u\ u`r\ u:w ‘Tho . , c.\ 7. Dimensions of the entire subject land affected: a) Frontage(m) b) Depth (m) c) Area (sq.m/ha) 3CA 3 +.1,G. 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 � { A kr),,se " z S (-"A 2q x Z pi ` /7WSb49 /0 taikei.S. h o h',I h o wz-/62 a f f (100)eri- _ ✓► ,i'ref 3af 11 600u sg_ -(^+ far(\ n� �lC00(�-t0 - 6z/o b) Proposed `e kosvw_—/9:11 /joKY,CS 7zZ) �CCCc rweila/C c ),rk c- -s ((o 0 Ckt, Of) 55/40 car /1/Oh e kir' '5 0.6,bly' X O Cyt hi/z hcirne Xa •/v 116 G*/Che:eSCc-0 24/05/2017 Minor Variance 2016 Municipality of Bayham Application for Minor Variance Page 3 9. Date of purchase of subject land: GA t j • 10. Date of construction of all buildings and structures on subject lands: 11. Existing uses of the subject property: , lr � , v.) wSpA Ct 0 \ s , .� hc—e 12. Length of time and existing uses to the subject property have continued: cj X 13. Existing uses of abutting properties: a) North y�� i L rr b) East (N.�r c) South d) West e�tC�e✓��1c,� 14. Services available(check appropriate space(s)) a) Method of Water Supply(if applicable) —/ Public Water Supply System 0 Private Individual Well 2d 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 I?( Public Sanitary Sewer System 0 ❑ Other(please specify) 15. Present Official Plan designation: �� ; (fu � r wl H - ' Nrd ,..t 6-0•s escu h-zc wh r" ) i a z (k 3 �� 7_ � �c_t.n d 5 i(i n , . r UJ� f u,.c( ' )k J� i v <� S (' SS f V tY:lc(„ 16. Present Zoning Bylaw classification: �G',,y.(,/76,,c /;�,l l L /9&.:/? L/1111 f- 17. Has the owner previously applied for a minor variance in respect to the subject property? Yes 0 No Cd If Yes, describe briefly: 18. Is the property the subject of a current application of consent/severance? Yes 0 No lEt/ 24/05/2017 Minor Variance 2016 3•r•ii 7 05> ir .-,,.. ‘. .._ ..:.: 1 , . v. 1 00 z.la 1....- "..--1- y4 14qL : Ilil L7'7 7:4 rs7o8 Q...ki \\,i' ••,',' '''' Ai u.e.tlot(.1, -08 511_ r•-t `'IE 1 - i L/ DECEIVE' F p � i MAY 2 3 2019 To whom it may concern, MUNICIPALITY OF OAYHAJI We are a farming operation that produces asparagus(150 Ac.), raspberries(7 Ac), cucumbers(28 Ac), peppers(20 Ac) and tobacco(45Ac). All of these crops are hand harvested and very labour intensive. We currently employ 70 people between the offshore program and Canadians seasonally,yet we are still short of reliable help. Currently our farm located at 7744 Coyle Rd,which has a minor variance, has 3 mobile homes and a house which are all occupied which seasonal labour. At 57083 Jackson line,the proposed location,the house is also occupied with seasonal workers. The proposed location is near an existing seasonal dwelling and would make use existing hydro,water and natural gas without the need to upgrade any of these services. The location is in an existing farmyard with considerable separation from the road. Our own farm property boarders on the south and to the north is a nieghbouring farm with a seasonal dwelling and rental home.The residence to the west is separated by a ravine and to the east there is 500 feet to the next farm property line. Our proposal is to place up to 3 mobile trailers which are within the size guidelines at this location. They will be in accordance with health unit standards,as our other dwellings are inspected annually. There is no need for any addition access points from the road, making use of existing driveways. Thank you for your consideration, Dan and Carolyn Murray •l u C ,4 cidl 7L/c) E1/ /y o l es Seas4) t/ / //1,1 7 74/ (y/e /ea/ /%7p 4,/C fioiYil� c'/Yr/1/o sJCE'.$ a Mo hi/+'' Aine (O �-'`n/ / e-t'S 3 - gio h, /e m- 4/ e,ry,/o y�' 5.. - f/t:(AS c. 7 "/I-1/e/e)y CC S jc'aSonoi/ r.%//�c- - 5-6,8" 39 �/`��� n /.� em /o jCc $oi'ta/ /,�c. i / it /cy 'j 7D 3 jack 50,1 G�,ie / — f-kvu c- / 0 '/oyrc,� / STATUTORY DECLARATION I/We, w141 • boti-/Ot +t1 rZ v�y�J l2(24 - of the Name df Applicant(s) in the e L-61,- IL! cc rt) r y (City, Municipality, Town, Township) (County/District/Region) I 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: d& 47 ) (City, M icipality,'Town,Township) ) Signature of Applicant or Authoriz-: Agent* ) in the Oat' 11/— ZTh J'v ) (County/Di trict/Region. ) YSignatur- of App Ica nt/ �y ) t/ this 5C1 day of421r/./ , 20 /, ) Signature of Applicant /Z.4 ) ) A Commissioner, etc. ) * If authorized agent,a letter of authorization from MARGARET UNDERHILL,a Commissioner, efe. the owner of the property must accompany this Deputy Clerk of the Corporation of the application. Mimicipwiity of B yhaa. 24/05/2017 Minor Variance 2016 � J IBI GROUP I B I 203-350 Oxford Street West London ON N6H 1T3 Canada tel 519 472 7328 1 ibigroup.com Memorandum To/Attention Municipality of Bayham Date June 12, 2019 From Paul Riley, CPT Project No 3404 -728 cc William Pol, RPP, MCIP (IBI Group) Subject Murray-Application for Minor Variance to Zoning By-law, Pt Lot 4, Concession 5, 57057 and 57083 Jackson Line 1. We have completed our review of the Application for Minor Variance A-06/19 submitted by Wm. Daniel &Carolyn Murray for a parcel of land located on Part Lot 4, Concession 5 on the south side of Jackson Line, east of Owl Cage Road, and known municipally as 57057 and 57083 Jackson Line. The applicant is requesting a minor variance to Zoning By-law Z456-2003 to grant relief from Section 5.1 — Permitted Uses in the Agricultural Zone to allow up to two (2) mobile homes as supplementary farm dwellings, in addition to the existing seasonal labour housing in the existing dwelling, in accordance with Section 2.1.10 of the Official Plan. The subject lands are zoned Agricultural (A1) in Zoning By-law Z456-2003 and designated 'Agriculture', 'Natural Heritage' and 'Natural Gas Reservoir' on Schedule 'Al' and 'Hazard Lands', 'Significant Wetlands' and 'Significant Woodlands' on Schedule 'A2' in the Official Plan of the Municipality of Bayham. 2. The subject lands have a lot frontage of 345 m (1,132 ft), lot depth of 1,020 m (3,346 ft) and lot area of 39.3 ha (97 acres). The lands are characterized as an agricultural property with a mix of cultivated fields and wooded valleylands associated with a tributary of the South Otter Creek. Buildings on the site are located along Jackson Line in the north of the subject lands and include one (1) single-detached dwelling; one (1) mobile home; and four(4) barns. Surrounding uses are characterized as a similar mix of agricultural and wooded valleylands in all directions with the closest residence being located directly across Jackson Line. There are several single family dwellings along Owl Cage Road to the west, the nearest to the farm building cluster being approximately 140 m (459 ft) away, however, the wooded valleylands provide a significant buffer to the dwellings. 3. Official Plan Section 2.1.10 states that the Municipality supports the erection or placement of additional dwellings on farm parcels where the size or nature of the farming operation warrants additional dwellings. Such dwellings may only be permitted by a minor variance to the Zoning By-law and may not be severed from the farm operation. Such dwellings may be temporary dwellings in the form of a mobile home or modular home; or a permanent dwelling in the form of a converted dwelling or bunkhouse. Farming operations shall refer to any parcels owned, or owned in part by an applicant. The applicants are seeking approval for up to two (2) mobile homes in addition to the existing mobile home (occupied by the son of the owner) and dwelling (occupied by seasonal IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects IBI GROUP MEMORANDUM 2 Municipality of Bayham—June 12,2019 labourers) on the lands. The additional trailers are proposed to be located centrally in the farm building cluster, setback 91 m (300 ft) from the front property line, where a barn is to be removed. The sketch indicates that a new shared well and future septic bed will be located in proximity to the proposed trailers. The farming operation has additional seasonal dwellings on separate parcels within the municipality, outlined below. 4. Establishment of supplementary farm dwellings will be permitted subject to the following policy criteria in Section 2.1.10: a) Need: The applicants have provided information indicating that they currently employ farm help in the form of 70 people and would hire more if local labour was available. The labour involves the hand picking of various vegetable crops including 60 ha (150 acres) of asparagus, 8 ha (20 acres) of peppers, 18 ha (45 acres) of tobacco, 11 ha (28 acres) of cucumbers, 2.8 ha (7 acres) of raspberries for a total of 101 hectares (250 acres) of land. b) Existing Dwellings: The site includes a dwelling and a mobile home. The dwelling is used for seasonal housing and accommodates 10 labourers. The owner's son resides in the mobile home. The farm operation property located at 7744 Coyle Road has one dwelling and three mobile homes used for seasonal labour permitted through minor variance, housing 23 workers. The farm operation property located at 56829 Jackson Line includes a seasonal dwelling housing 6 labourers. And, the farm operation property located at 57083 Jackson Line includes a dwelling housing 10 seasonal labourers. The additional trailers on the subject lands will accommodate 12-18 workers (depending on the size of trailer purchased). The total farm operation seasonal accommodations would increase up to a maximum of 67 labourers. The accommodations are spread between four properties with the subject lands and the 7744 Coyle Road property providing the majority of the accommodation. The site would not adequately accommodate any additional residents. c) Location: The new mobile homes will be located in an area centrally in the existing cluster of farm buildings and existing driveway(s) access. Water/wastewater infrastructure is proposed in close proximity to the new trailers. This area is suitably buffered from on-site and off-site agricultural uses and would be suitably removed from the nearest off-site dwelling to minimize any potential nuisance impacts. It is our opinion that this is a suitable location on the subject lands for supplementary farm dwellings to be located. d) Size and Type: The proposed mobile homes are the preferred form of housing as they can be more easily removed from the property. The Chief Building Official should be satisfied that the mobile homes can meet public health and safety requirements for the total number of persons to be housed. e) Services: The application indicates that a new well and septic system will service all dwellings. The proposed location of the well and septic system is adequately IBI GROUP MEMORANDUM 3 Municipality of Bayham—June 12,2019 located on the property. The applicant shall provide confirmation that the septic system capacity and the proposed well are sufficient for the additional trailers. f) Vehicular Access: The proposed dwellings are all located within close proximity to the existing farm buildings and the existing driveways which avoids the need for additional driveways. The additional seasonal labour housing is unlikely to increase traffic hazard risk. The size of the farm operation, the lack of available local labour and local rental housing, and the labour intensive crops justifies the need for up to two additional trailers, housing a maximum of eighteen (18) labourers in addition to the ten (10) labourers living in the existing dwelling. The location, services, access appear to be adequate for the proposed use. The proposal is consistent with the Official Plan. 5. Section 45.(1) of the Planning Act outlines the four"tests"with which the Committee of Adjustment must be satisfied with when considering an application for a minor variance to the Zoning By-law. The following outlines our analysis of these tests: • Is the variance minor in nature? The variance of use is minor in nature, insomuch as dwellings are permitted on agricultural lots, and the Municipality has stated support for additional supplementary farm dwellings in accordance with the above criteria. • Is the variance desirable for the use of the lands? The proposed mobile homes are intended to house seasonal farm labourers for support of agricultural uses and this form of non-permanent residential use is a desirable use of the lands. • Does the variance maintain the general intent and purpose of the Zoning By-law? The Zoning By-law permits a variety of agricultural uses in the Al Zone. The requested supplementary farm dwellings are deemed to be complementary to agricultural uses as they would provide additional support to continue normal farming operations; and therefore the variance would meet the intent and purpose of the Zoning By-law. The lands have adequate lot frontage, lot depth and lot area. • Does the variance maintain the general intent and purpose of the Official Plan? The intent and purpose of the 'Agriculture' land use designation is to provide for all types, sizes, and intensities of agricultural uses and normal farm practices. It is our opinion that supplementary farm dwellings maintain the intent of the 'Agriculture' land use designation. With respect to the aforementioned 'Natural Hazard', 'Hazard Lands', 'Significant Wetlands' and 'Significant Woodlands' constraint, and based on a IBI GROUP MEMORANDUM 4 Municipality of Bayham—June 12,2019 desktop review of recent aerial images, the constraint lands are suitably removed from the farm building cluster where the housing is proposed. With respect to the 'Natural Gas Reservoir' designation, the policies of Section 2.5— Petroleum and Salt Resources of the Official Plan do not preclude agricultural activities on the surface of said lands. 6. Based on our review we would have no objection to the requested minor variance to permit two trailers as accessory living quarters for a maximum of eighteen (18) seasonal farm labourers in addition to the maximum ten (10) seasonal labourers accommodated in the existing dwelling, on the property where the following conditions have been fulfilled: • The owner enter into an agreement with the Municipality for the removal of both trailer buildings from the property no more than six(6) months after the existing vegetable and cash crop farm operation has ceased and that the buildings and site be maintained in accordance with the By-laws of the Municipality of Bayham. • The owner provide written confirmation from the authorizing agency, to the satisfaction of the Municipality, that there is sufficient on site capacity for potable drinking water and a septic system for both the and proposed trailers. Railiv/S.* IBI GROUP Paul Riley, CPT Consulting Planner to the Municipality of Bayham