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HomeMy WebLinkAboutNovember 21, 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, November 21, 2019 6:30 p.m. Frank and Maria Redecop 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. APPLICATIONS A. Minor Variance Application A-08/19 Frank and Maria Redecop THE PURPOSE of the variance is to grant relief from Section 9.2 Minimum Lot Area and Section 9.10 Rear Yard Setback in the Hamlet Residential (HR) Zone; and Section 5.2 Permitted Uses to permit accessory building, of 77.1 m2 (829.9 ft2) floor area, and accessory uses for the new dwelling in the Al lands accessory to the dwelling in the HR lands, on a 0.2 ha (0.49 acres) parcel of land located at 53710 Heritage Line, north side, west of Richmond Road THE EFFECT of this variance will allow reduced lot area and rear yard setback for the new dwelling in the HR zone and permit an accessory building in the Al lands. 4. STAFF PRESENTATION A. Report DS-72/19 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment re Minor Variance —A-08/19 Redecop, 53710 Heritage Line 5. PRESENTATIONS BY APPLICANT/AGENT 6. PUBLIC SUBMISSIONS 7. COMMITTEE QUESTIONS AND DISCUSSION 8. DECISION OF COMMITTEE (Motions) 9. ADJOURNMENT IXHAA,1 NOTICE OF A PUBLIC MEETING , ice, CONCERNING A PROPOSED ' � MINOR VARIANCE O 7r( ty IN THE MUNICIPALITY OF BAYHAM iPortunity IsY°O APPLICANT: FRANK AND MARIA REDECOP 53710 HERITAGE LINE TAKE NOTICE that the Municipality of Bayham has received a completed application fora proposed Minor Variance (A-08/19). TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday November 21st, 2019 at 6:30 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 9.2 Minimum Lot Area and Section 9.10 Rear Yard Setback in the Hamlet Residential (HR) Zone; and to permit accessory building, of 77.1 m2 (829.9 ft2) floor area, and accessory uses for the new dwelling in the Al lands accessory to the dwelling in the HR lands, on a 0.2 ha (0.49 acres) parcel of land located at 53710 Heritage Line, north side, west of Richmond Road. THE EFFECT of this variance will allow reduced lot area and rear yard setback for the new dwelling in the HR zone and permit an accessory building in the Al lands. 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 8th day of November 2019. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill Planning Coordinator/ Deputy Clerk Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, NOJ 1Y0 T: (519) 866-5521 F: (519) 866-3884 4%414 E: munderhill(a�bayham.on.ca W: www.bavham.on.ca [SUBJECT LANDS so` •a� s Hamlet of Richmond II ( , S -*_:„,,.„rolaifo-vs,,) Lot, REPORT CPp 45.4) DEVELOPMENT SERVICES portunity Isco TO: Committee of Adjustment Members FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment DATE: November 21, 2019 REPORT: DS-72/19 FILE NO. C-07/ D12.Redecop Roll # 34-01-000-007-05204 SUBJECT: Committee of Adjustment Minor Variance—A-08119 Redecop, 53710 Heritage Line BACKGROUND: Frank and Maria Redecop have submitted a minor variance application for property known municipally as 53710 Heritage Line. Theproperty is designated "Hamlets" on Schedule 'Al' in the Official Plan and zoned Hamlet Residential (HR) and Agricultural (A1) on Schedule "E" Richmond and Schedule "A" Map No. 4 of Zoning By-law Z456-2003. The purpose of the variance is to grant relief from Section 9.2 Minimum Lot Area and Section 9.10 Rear Yard Setback in the Hamlet Residential (HR) Zone; and to permit accessory building, of 77.1 m2 (829.9 ft2) floor area, and accessory uses for the new dwelling in the Al lands accessory to the dwelling in the HR lands, on a 0.2 ha (0.49 acres) parcel of land located at 53710 Heritage Line, north side, west of Richmond Road. The effect of this variance will allow reduced lot area and rear yard setback for the new dwelling in the HR zone and permit an accessory building in the Al lands on a property with dual zoning. DISCUSSION: The land owners are constructing a new home on the property and wish to construct an accessory garage and require variances for the dwelling and location of the garage. 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 November 14, 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. At the time of writing this report, no written public comments have been received. Staff Report DS-72/19 Redecop Page 2 ATTACHMENTS 1. Application for Minor Variance A-08/19 Redecop 2. IBI Memorandum dated November 14, 2019 RECOMMENDATION "THAT the Committee of Adjustment Secretary-Treasurer's report DS-72/19 regarding the Redecop 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-08/19 submitted by Frank and Maria Redecop, 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 9.2 Minimum Lot Area - for lot area of 1056 m2 (0.26 acres)whereas 1390 m2 (0.34 acres) is the required minimum • Section 9.10 Minimum Rear Yard Depth -for rear yard depth of 3.6 m (11.8 feet)whereas 9.0 m (29.5 feet) is the required minimum • Section 5.2 Permitted Uses -to permit accessory residential use on lands in the Agricultural (A1) Zone where there is no dwelling, in the form of a shop with a floor area of 77.1 m2 (829.9 sq. ft.) Respectfully Submitted by: Reviewed by: Margaret Underhill `'aul S ,1011 SecretarylTreasurer Committee of Adjustment CAO erk IBI GROUP 203-350 Oxford Street West London ON N6H 1T3 Canada tel 519 472 7328 fax 519 472 9354 ibigroup.com Memorandum To/Attention Municipality of Bayham Date November 14, 2019 From Paul Riley, CPT Project No 3404 - 741 cc William Pol, IBI Group Subject Frank and Maria Redecop-Application for Minor Variance to Zoning By-law#Z456-2003, 53710 Heritage Line, Richmond 1. We have completed our review of Minor Variance application A-08/19, submitted by Frank and Maria Redecop for lands located at 53710 Heritage Line, Richmond. The applicant is requesting a variance to grant relief from regulations: Section 9.2 for lot area of 1,056 m2 (0.26 acres)whereas 1,390 m2 (0.34 acres) is the required minimum; Section 9.10 for rear yard depth of 3.6 m (11.8 feet) whereas 9.0 m (29.5 feet) is the required minimum; Section 5.2 to permit accessory residential use on lands in the Agricultural (A1) zone where there is no dwelling, in the form of a shop with a floor area of 77.1 m2 (829.9 ft2). The subject lands are designated "Hamlet" on Schedule "Al" Land Use and Constraints in the Official Plan. The lands are zoned Hamlet Residential (HR) and Agricultural (A1) on Schedule "E" Richmond and Schedule "A" Map No. 4 of the Zoning By-law. 2. The subject lands have a lot frontage of 22 m (72 feet), lot depth of 91.5 m (300 feet) and lot area of 1,989 m2 (0.49 acres). It is located in the hamlet of Richmond and is serviced with public water and private sewer. The applicant is building a new dwelling and accessory building on the vacant lot. The HR zone boundary is considered the lot line in the Zoning By-law. Surrounding uses are residential to the east, south and west and agricultural to the north. 3. Section 45. (1) of the Planning Act outlines the four "tests" with which the Committee of Adjustment must be satisfied, when considering an application for a minor variance to the Zoning By-law. The following sets out the analysis of these tests: Is the variance minor in nature? The requested variance is to permit a new single detached dwelling and accessory building on a lot with a split zoning, where the zone boundary is interpreted as a property line with respect to setbacks, lot area and accessory uses. The proposed dwelling and shop location are constrained by the sloped nature of the lands at the front of the property. The reduced rear yard setback, reduced lot area and accessory building location are a result of the split zoning and lot constraints and are 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—November 13,2019 Is the variance desirable for the use of the lands? The new dwelling fits in with the adjacent residential uses and infilling underutilized settlement area lands is desirable. The accessory building and dwelling location are a result of the topography of the lands, there is a slope constraint at the front of the lot. The total lot area is adequate for the use and would conform to the lot area minimum of the HR zone were it not for the split zone. The dwelling and accessory building are a desirable use of the lands. Does the variance maintain the general intent and purpose of the Zoning By-law? One single-detached dwelling on one lot is a permitted use in the HR zone. The reduced rear yard setback is a result of the split zoning and the topography of the lands. The reduced lot area is a result of the split zone and the total lot area of 1989 m2 is adequate for the use. The accessory use in the Al zone is a result of the split zone and topography. The variances are a result of a technicality with the split zoning and the topography of the lands; and the HR zone permits single-detached dwellings and accessory uses, therefore, the general intent and purpose of the zoning by-law is maintained. Does the variance maintain the general intent and purpose of the Official Plan? The variances maintain the general intent and purpose of the Official Plan as the development provides residential infilling in an underutilized lot in an existing built-up, consistent with the Official Plan policies in Section 4.2. 7. Based on our review we have no objection to the requested minor variance to reduced rear yard setback, reduced lot area in the HR zone and residential accessory use in the Al zoned lands for the new shop building accessory to the dwelling. IBI GROUP Paul Riley, CPT Consulting Planner to the Municipality of Bayham IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies File No. ® l'°I-1;176 ILIVC41 -P1)o=unity;9440. APPLICATION { MINOR VARIANCE Planning Act, R.S.O. 1990, O. Reg 200/96 as amended The undersigned hereby applies to the Committee of AdjustmerVt'fo'r the I f 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 frail K deco a• Re,cteco b) Mailing Address 5641 Eden ° L a' d e•.la c) Telephone No. Home: jt.9. ,. ).3 ? Work: same d) Email Address Fax No. 2. SOLICITOR/AUTHORIZED AGENT a) Name b) Mailing Address c) Telephone No. Home: Work: d) Fax No. Send correspondence to: Owner(s) Solicitor/Authorized Agent FOR OFFICE USE ONLY o o -00-7 — cs Application No !/� �1.�i" File No:r r -1tr t�. Date/Time of Meeting: I� - c%_�" Date Received:/:'d � 6f , Fee Received ,-_-906.;c„ ` Paid By;ff - i) !j 1 ii i z Deemed Complete: Receipt#: 0 ;j f J /1/7/ 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 5cjt;c cel/( 199 6roca way Tly;oihryry 4. Location of Land a) Lot and Plan or Concession#: alij j' ft Lccr/d ,t,/ Pry / pr b) Street/911 #&Name: 5-37/61 gen /4.7e.Z/i7C UA/Megab a c) Roll# 34-01- 000— Q,p 7_ osao,y M9 73? Pt? 5. Nature and extent of relief applied for: Cell/ 5'truc1';on c{ itic/) hciiv►d dwelliny /II /e.. 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? go{'rseci e-esi enc ,eS pk c k h -Ae (-bac/ ire /'( ire rcier-b acaim c / M i eccs ar; maari csie'v. o '/1e, / r!wavy /d /..5 h� r. /� � ;sIISC Canntif / kca/a/ bo/A 1ne 7. Dimensions of the entire subject land affected: a) Frontage(m) 9t b) Depth (m) 71. #7/m c) Area(sq.m/'C3 a do /& 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 _HO USE- UND�� (44�. /1..0%/o1J b) Proposed Rei Jen c;e. NI , 96 ok Shoo 171 ,i Rot'r' arm 24/05/2017 Minor Variance 2016 Municipality of Bayham Application for Minor Variance Page 3 9. Date of purchase of subject land: (7 g-of • 10. Date of construction of all buildings and structures on subject lands: Clare,. 90icio 11. Existing uses of the subject property: SCS/dZf11Cd 12. Length of time and existing uses to the subject property have continued: im‘kno t 13. Existing uses of abutting properties: a) North t l.t L 1Ut1 d.I b) East is or1.h1 c) South ResdG6ef`I+i d) West itief\Vi�L� 14. Services available(check appropriate space(s)) a) Method of Water Supply(if applicable) Public Water Supply System IV Private Individual Well 0 Private Communal Well ❑ ❑ Other(please specify) b) Method of Sanitary Waste Disposal(if applicable) Private Septic Tank and I), / Private Communal System 0 Tile Field System Public Sanitary Sewer System 0 ❑ Other(please specify) 15. Present Official Plan designation: ti a _ f\ Qp-j tc e 16. Present Zoning Bylaw classification: Har lel- R6G 1 i6„‘,) rl `lir 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 offa current application of consent/severance? Yes 0 No l 24/05/2017 Minor Variance 2016 STATUTORY DECLARATION I/We, rra 'Z + -ed eco p of the Name of Applicant(s) I r� Un► I la" 5f14 �1 in the CoLtn O 'I {n (City, Mu icipalq, Town, Township) (County/District/Regio SOLEMNLY DECLARE I 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: r,� (City, Municipality Town,Township) ) Signature of Applicant or Authorized Agent* in the ' ,j' / f. ( , it,' ) F-6-q, le PACle c0- (County/District/Region) i )) Signature of plicant ) this / / 1, day of a , 20 ; ) -27)�j%� Signature of Applicant ) 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 7/C3 / /e'er c7 Z0-7 6 SITE PLAN ,—, PREPARED FOR BUILDING PERMIT 22204 -_ ty AND LOT GRADING cv FOR: FRANK REDECOP -- -- - - --- PROPERTY DESCRIPTION: PART OF LOTS 26 AND 27, PART OF UNNUMBERED LOTS NORTH OF TALBOT ROAD AND EAST OF THE WEST LIMIT OF LOT 111 m REGISTERED PLAN No. 22, (VILLAGE OF RICHMOND) I PART OF LOT 111, CONCESSION NORTH OF TALBOT ROAD UNNUMBERED I LOTS NORTH OF' TALBOT ROAD (GEOGCOUNTRAPHIC off �TGOONWNSHIP OF BAYHAM), MUNICIPALITY OF BAYHAM 288 > 20 7.925 DOSED 0 9 10 15 METRES I x SCALE — 1: 250 ANCES I �0. a /7� I , METRIC BE DISTCONVERTEDO O WN FFEET BY DIVIDING BY 03048N THIS PLAN ARE IN E5 AND CAN LT-_,K .394 LT—_, 1288 .- MCE 1.20 0 z I I N CAUTION S to �� -THIS IS NOT A PLAN OF SURVEY OR SURVEYOR'S REPORT AND SHALL NOT BE USED FOR TRANSACTION OR FINANCING PURPOSES + -DO NOT CONVEY FROM THIS PLAN 1 -THE PROPOSED BUILDING AND IT'S LOCATION SHOWN HEREON MAY BE I SUBJECT TO CHANGES PRIOR TO CONSTRUCTION.THIS SKETCH SHOULD NOT BE REUED UPON AS CERTIFICATION THAT THE DWEWNG WAS ACTUALLY I CONSTRUCTED AS SHOWN. r LMR OF HAMLET -ELEVATION OF EXISTING GROUND WATER TABLE AND SOIL CONDITIONS I I 4.ze2 I I NOT DETERMINED 'Pcow0K N20 0I � DED 5.51 t 0 Y 15.240 1.25.- N .7 m m 1 51DREY DNEWNG -- - - -- Fe LI 1, e NOTES I 1 (1)-A SURVEY OF THE SUBJECT PROPERTY HAS NOT BEEN MADE AVAILABLE 0, L— PORCH I4730 T (2)-PROPOSED BUILDING POSITIONED BY CALCULATIONS,NOT BY GARAGE 3.327 p, 1'2' - ACTUAL SURVEY o (3)-PROPOSED FINAL GRADES ARE SHOWN ® AND ARE IN METERS 5.51re 71Wei tt (4)-T.F.W. DENOTES TOP OF FOUNDATION WALL '1 Q (5)-U.S.F. DENOTES UNDERSIDE OF FOOTING I Q (6)-SITE BENCHMARK SPIKE SET IN NORTH FACE OF HYDRO POLE l 1R 9730) SOUTH OF THE SUBJECT PROPERTY HAVING AN ASSUMED ELEVATION OF 99.45 meters PART 2 (7)-IT IS THE RESPONSIBIUTY OF THE CONTRACTOR TO VERIFY THE ELEVATION OF THE UPPER OMIT OF THE GROUND WATER TABLE.SOIL BEARING CAPACITY AND THE ELEVATION OF THE UNDER SIDE OF FOOTING PRIOR TO EXCAVATION. LOT r 26 LO 27 LOT 2E3 (8)-SEPTIC SYSTEM TO BE DESIGNED BY OTHERS 1 ELEVATIONS TO BE REVISED WHERE REQUIRED. (9)-IT IS THE RESPONSIBIUTY OF THE CONTRACTOR TO I VERIFY THE SITE BENCH MARK PRIOR TO EXCAVATION ,`,, 1,79, q ZL� 'TMS IS NOT /1 I AN ORIGINAL COPY1 l UNLESS � I EMBOSSED Fw7N Z 0 SEAL' LJ 4 APRIL 8, 2019 I © COPYRIGHT 2019 KIM HUSTED SURVEYING LTD. THE REPRODUCTION.ALTERATION.OR USE OF THIS REPORT IN WHOLE OR IN PART WITHOUT THE WRITTEN PERMISSION OF KIM HUSTED SURVEYING I Y Y Y LTD.IS STRICTLY PROHIBITED I--< 22000 KIM HUSTED SURVEYING LTD. ONTARIO LAND SURVEYOR COUNTY ROAD No, 3E (TALBOT ROAD) 30 HARVEY STREET, TILLSONBURG, ONTARIO. N4G 348 PHONE: 519-842-3638 FAX: 519-842-3839 HERITAGE LINE PROJECT: 19-14737SP REFERENCE: FILE DISK No. C:\050FT141\WAYNE\2019 Work\2019 Site Plans\19-14737SP.dwg,2019-04-08 5:04:37 PM,DWG To PDF.pc3