HomeMy WebLinkAboutJuly 16, 2015 - Planning - Friesen COMMITTEE OF ADJUSTMENT AGENDA
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Council Chambers
Thursday, July 16, 2015
6:30 p.m.
Page
1. CALL TO ORDER
2. APPOINTMENT OF CHAIRMAN
(a) Appointment
3. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF
4. APPLICATION(S)
(a) Minor Variance Application A-03/15 Friesen - Request for
variance to grant relief from Zoning By-law Z456-2003 Section
9.5.1 - maximum height of an accessory building and Section 9.7
- maximum floor area for an accessory building in a Hamlet
Residential (HR) Zone to allow for the construction of a new
detached garage
5. STAFF PRESENTATION
3 - 12 (a) Report DS-44/15 regarding Committee of Adjustment - Minor
Variance - A03/15 Friesen
File: C-07 / D-03/15 Friesen
6. PRESENTATIONS BY APPLICANT/AGENT
7. PUBLIC SUBMISSIONS
8. COMMITTEE QUESTIONS AND DISCUSSION
9. DECISION OF COMMITTEE (Motions)
(a) Decision
Page 1 of 12
Committee of Adjustment Agenda July 16, 2015
Page
10. ADJOURNMENT
(a) Adjournment
Page 2 of 12
vAY
REPORT
o" 0; 111'
DEVELOPMENT SERVICES
Po�niity I 0
TO: Mayor&Members of Council
FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment
DATE: July 16, 2015
REPORT: DS-44/15 FILE NO. C-071 D12.FRIE
Roll#34-01.000.008-11260
SUBJECT: Committee of Adjustment-Minor Variance—A-03115 Friesen
D13.FRIE
BACKGROUND:
Anna and Elvin Friesen have submitted a minor variance application for their 2347 m2(0.58
acre)property located on the north side of Calton Line, east of Richmond Road property
described as Concession 4 Part Lot 1, known municipally as 53594 Calton Line in the hamlet of
Calton. The property is designated"Hamlets"on Schedule Al in the Official Plan and zoned
Hamlet Residential(HR)in the Bayham Zoning By-law Z456-2003.
THE PURPOSE of the variances is to grant relief from:
• Section 9.5.1 — Maximum Accessory Building Height—A maximum height of 5.15
metres,where 4.5 metres is currently permitted
• Section 9.7—Maximum Floor Area of an Accessory Building—A maximum floor area
of 112 m2,where 75 m2 is currently permitted.
THE EFFECT of the variances will be to allow for the construction of a new detached garage.
DISCUSSION:
Council must be satisfied with the Planning Act four"tests"when considering an application for
a minor variance. The attached planner's memorandum dated July 9, 2015 provides an
analysis of these tests.
Staff and planner concur the application meets the criteria and would recommend granting the
variances.
At the time of writing this report, no public comments have been received regarding this
application.
ATTACHMENTS
1. Application for Minor Variance A-03/15
Report DS-44/15 regarding Committee of Adjustment-Minor Va... Page 3 of 12
Staff Report DS-44-15 Friesen Page 2
2. IBI Memorandum dated July 9, 2015
RECOMMENDATION
1. "THAT the Committee of Adjustment Secretary-Treasurer's report DS-44115
regarding the Friesen minor variance be received;
2. AND WHEREAS the Committee agrees that the proposed variances meet Section
45.1(1)of the Planning Act and these variances are considered minor;
3. THEREFORE application A-03115 submitted by Anna and Elvin Friesen, 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 9.5.1 -Maximum Accessory Building Height-to permit a
maximum height of 5.15 metres,where 4.5 metres is currently permitted
(height is measured to mid-point between eaves and ridge as per definition
of Height in Section 2.109 c);
• Section 9.7-Maximum Floor Area of an Accessory Building-to permit a
maximum floor area for an accessory building of 112 m2,where 75.0 m2 is
currently permitted.
Respectfully Submitted by: Reviewed by:
Aie,"
Mar•-ret Underhill rte' ' '•way
Se retary/Treasurer Committee of Adjustment CA*
Report DS-44/15 regarding Committee of Adjustment-Minor Va... Page 4 of 12
IBI GROUP
203-350 Oxford Street West
I B I
don ON N61-f
T3 Canada
tel n519 4472 7328 1 fax 519 472 9354
1 1 ibigroup.com
Memorandum
TolAttention Municipality of Bayham Date July 9,2015
From Derek Dudek,MCIP,RPP Project No 3404-600
cc file
Subject Friesen-Application for Minor Variance to Zoning By-law,Pt.Lot 1,
Concession 4,53594 Calton Line
1. We have completed our review of an Application for Minor Variance,submitted by Anna&
Elvin Friesen,for a property located at 53594 Calton Line,in the Hamlet of Calton.The
applicant is requesting the variances to Zoning By-law#Z456-2003 to accommodate the
construction of a new detached garage. The subject lands are designated"Hamlets", as
shown on Schedule Al—Municipality of Bayham:Land Use in the Official Plan of the
Municipality of Bayham;and zoned Hamlet Residential(HR)in Zoning By-law Z456-2003.
2. The subject lands are vacant with a planned dwelling with attached garage located on the
east side of lot,and the proposed accessory building to be located along the west side of
the lot to the rear of the dwelling. Surrounding land uses are agricultural fields to the north
and east and similar single detached residential uses to the west and south within the
Hamlet of Calton, including similarly sized vacant residential lots immediately to the west.
The applicants are requesting the following variances to ZBL#Z456-2003 to
accommodate the proposed development:
a. Section 9.5.1 Maximum Accessory Building Height—A maximum height
of 5,15 metres,where 4.5 metres is currently permitted(applicant to confirm
that height was measured to mid-point between eaves and ridge as per
definition of Height in Section 2.109 c);
b. Section 9.7 Maximum Floor Area of an Accessory Building—A maximum
floor area of 112m2,where 75m2 is currently permitted.
(Note:a review of Section 4.2—Accessory Uses confirms that no other variances to
the By-law would be required)
3. 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:
i. Are the variances minor in nature?
• Height—The proposed garage is 15%higher than the maximum permitted
height but is situated well back on the lot(34m from front lot line)and would
not likely have any negative impacts created by shadowing on adjacent lands
as the adjacent easterly lands are currently vacant.As such,this variance is
deemed to be minor in nature.
• Floor Area—The proposed ground floor area(112m2)exceeds the maximum
floor area 75m2)by over 50%. However,given the oversized nature of the
subject lands in comparison to minimum lot area in un-serviced hamlets
IBI Group is a group of firms providing professional services and is affiliated with 151 Group Architects
Report DS-44/15 regarding Committee of Adjustment-Minor Va... Page 5 of 12
IBI GROUP MEMORANDUM 2
Municipality of Bayham—July 9,2015
(2346m2 vs. 1390m2)the floor area represents less than 5%of total lot
coverage. As such,this variance is deemed to be minor in nature.
ii. Are the variances desirable for the use of the lands?
• Height—This proposed variance has no apparent impact on the use of the
lands,but may allow for some increase overhead storage and/or a better
design to coincide with the main building on the lot;
• Floor Area—This variance is desirable insomuch as it allows for increased
indoor storage space,subsequently improving visual amenity in the area.
iii. Do the variances maintain the general intent and purpose of the Zoning Bylaw?
• Height—The intent of the maximum height regulations is to protect amenity
space and potential shadowing impacts on surrounding land uses. As
indicated the distance from front lot line and current vacant nature of the
westerly adjacent parcel will ensure that this intent is fulfilled with respect to
the proposed development.
• Floor Area—The main intent of the floor area maximum is to restrict
oversized buildings used for businesses that may have negative impacts on
surrounding land uses. As per the intended use for storage,the proposed
building would not deviate from that intent.
iv. Do the variances maintain the general intent and purpose of the Official Plan?
The intent of the"Hamlets"land use designation is to permit a variety of
residential type uses and their attendant accessory uses. The requested
variances for floor area and height would not detract from the intent or
purpose of the Plan in any way and would contribute to continued investment
in Bayham's settlement areas.
4. Based on our review we would have no objection to the proposed application for minor
variances to Zoning By-law#Z456-2003.
IBI GROUP
Derek Dudek,MCIP,RPP
Associate
Consulting Planner to the
Municipality of Bayham
Report DS-44/15 regarding Committee of Adjustment-Minor Va... Page 6 of 12
istaHlik File No. A—C J.
Poortunttywoo APPLICATION FOR
MINOR VARIANCE
Planning Act, R.S.O. 1990,O.Reg 200/96 as amended
The undersigned hereby applies to the Committee of Adfustment for the
MUNICIPALITY OF BAYHAM
P.O.Box 160,9344 Plank Rd.
STRAFFORDVILLE ON
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$2000.00 in cash or cheque made payable to the
Municipality of Bayham.
1. OWNER(S)
a) Name A n na r U I trN, FIN P S ".V\
b) Mailing Address 1/ 7 -rr g ( )
c) Telephone No. Home: Work: X19-$®g 2//3, FcvjnJ
d) Fax No. ea:Prie
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
#00*—//2 ca
FOR OFFICE USE ONLY 7 +c0 C,ptE7E
Application No.: P} —p //g' I Date Received:Jun 2 chI Date of Meeting: ItLi Il,e 1 I r
File No.: D> zLE I Fee Received: .#02®00 Committee Decision:
-4taO?4�g
11/03/2015
Minor Variance 2015
Report DS-44/15 regarding Committee of Adjustment-Minor Va... Page 7 of 12
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 /�D//rte 3%-� OO ° d - r/ 6'0
a) Lot and Plan or Concession No.: 4- esf iic mss Icer\ 1
b) Street/911 #&Name: .53 5 of 1 C 1.164.v L , he
5. Nature and extent of relief applied for:
0 26 ,Fec),vn 9. / /i7axinn11 /4r e 'oriy(ii//�,41i- ‘/5-en4s
75,.Cc/ia'n 9c7 /TAVivrr<m Igor flr'alA yniuiA4 75 oc /a/cot-/dye
whichever- /<' less niga re, //o? m
NOTE: In the case of a Supplementary rm dwelling,a Development Agreement is required.
6. Why Is it not ossible to comply with the provisions of the By-law? /B
air ...54/2)-L .e p, a 4) `//'a l/ �e!'� I'1tl- deS.
a4.11.4%111. 7r� 1
7. Dimensions of the land affected:
a) Frontage(m) 3 3 ,547-e ,r n
b) Depth(m) 70 ,l-
c) Area(sq.m/ha) 0-. 31-1C . 9 7 m
8, Particulars of ail 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 •
b) Proposedl a l�.v►cJ cl �►1• !`i><`.e. a p„''
Li
9. Date of acquisition of subject land:
11/03/2015
Minor Variance 2015
Report DS-44/15 regarding Committee of Adjustment-Minor Va... Page 8 of 12
Municipality of Bayharn
Application for Minor Variance
Page 3 i p
10. Date of construction of all buildings and structures on subject lands: t
' hIcli er
11. Existing uses of the su ect property:
R v.si d I'(L) Lc+ Cfea/ 1-1;o1y/ Yloef
12. Length of time and existing uses to the subject property have continued: .3 beim-5•
13. Existing uses of abutting properties:
a) North ' R%e s i o /C 1.
b) East F .in L
c) South
d) West R v.sl'd to v.�-I ck.I
.
14. Services available(check appropriate space(s))
a) Method of Water Supply(if applicable)
Public Water Supply System 0 Private Individual Well IQ,
Private Communal Well 0
Other(please specify)
b) Method of Sanitary Waste Disposal(if applicable)
Private Septic Tank and / Private Communal System ❑
Tile Field System L�1 Public Sanitary Sewer System 0
Other(please specify)
l ��
15. Present Official Plan designation: �,�i (�tR.•ry�t 1 ,r f7'/�'!7 L 4_-7-TS
��
re-e# II ] ( i )
16. Present Zoning Bylaw Massif! j .j /
17. Has the owner previously applied for a minor variance in respect to the subject property?
a) Yes 0 No fi
If Yes,describe briefly:
18. Is the subject property the subject of a current application of consent/severance?
Yes 0 No V
1'1/03/2015
Minor Variance 2015
Report DS-44/15 regarding Committee of Adjustment-Minor Va... Page 9 of 12
STATUTORY DECLARATION ,./J
!Me, i4 j t}� f‘1 �.� iP/ri • /`/�11 /7 c-Se/1 of the
Name of Applicant(s) /�,
c a/o4'/4/e in the ( 4 e✓� r®�
(City, Municipality, Town, Township) (County/District/Regiont
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 1NVe 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. INVe also agree to accept all costs as rendered;
AND I 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
g/ni4t/// ofr /7? ) --
(City, unicipali Town,Township ) Signature of Applicant or Authorized Agent'
in the atifT OC6:0m ) ry� �`Com., ----
(County/District/Region ) 9 RP` Signature of A licant
this a, day of < T" ,20 /6- )
Signature of Applicant
)
Co • issioner, etc. )
MARGARET UNDERHILL,a Commissioner,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 itsayhm. application.
11/03/2015
Minor Variance 2015
Report DS-44/15 regarding Committee of Adjustment-Minor Va... Page 10 of 12
REQUIRED SKETCH FOR MINOR VARIANCE APPLICATIONS
�f fr
APPLICANT NAME / 1, F E 1 u i
PROPERTY ADDRESS 53 -9 7 Co o-r�. 1-i T•
Roll#3401 -ODD—000-116,0 PT Lot Concession •
Registration Plan No.: ///9570 Part haw
Quarter of Municipality Lot N.E. ❑ N.W. ❑ SW. 0 S.E. 0
See Sketch instructions on the following page.
RETURN THIS SKETCH WITH APPLICATION FORM-
NOTE: WITHOUT A SKETCH AN APPLICATION CANNOT BE PROCESSED
ALL DIMENSIONS MUST BE IN METRIC
Report DS-44/15 regarding Committee of Adjustment-Minor Va... Page 11 of 12
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�-�`or 77D, v f- 0 3 PRIOR TO EXCAVATION.
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