HomeMy WebLinkAboutMay 11, 2020 - Planning - Committee of Adjustment - Froese and MillerTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COMMITTEE OF ADJUSTMENT MINUTES
56169 Heritage Line, Straffordville, ON
Monday, May 11, 2020
6:00 p.m.
A. D & T Froese
B. D & M Miller
COMMITTEE MEMBERS PRESENT:
STAFF PRESENT:
CAOICLERK
SECRETARY/TREASURER
SIGNED IN ATTENDEES: None.
CALL TO ORDER
ED KETCHABAW
RAINEY WEISLER
C. VALERIE DONNELL
DAN FROESE
SUSAN CHILCOTT
PAUL SHIPWAY
MARGARET UNDERHILL
Chairman Ketchabaw called the meeting to order at 6:00 p.m.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
Member Dan Froese declared a conflict of interest with Application A-02/20 D & T Froese and
did not take part in debate or consideration of Application A-02/20 D & T Froese as he is the
Applicant.
3. APPLICATIONS
A. Minor Variance Application A-02/20 D & T Froese
THE PURPOSE of the variance is to grant relief from Section 5.2 — Permitted Uses in
the Agricultural (Al) Zone on a 42 ha (104 acre) parcel of land located in Concession
NTR, Part Lot 126 & 127, Plan 11 R7391 on the west side of Plank Road, South of
Black Bridge Line, and known municipally as 10019 Plank Road.
THE EFFECT of this variance will be to permit a maximum of one (1) mobile home /
trailer to a maximum floor area of 93 m2 (1,000 ft2) as supplementary farm dwelling on
an agricultural lot in accordance with Section 2.1.10 of the Official Plan.
B. Minor Variance Application A-03/20 D & M Miller
THE PURPOSE of the variance is to grant relief from Section 5.2 Permitted Uses in the
Al zone for single -detached dwelling and accessory use building on a 4,050 m2 (1
acre) parcel of land in the Agricultural (Al) and Hamlet Residential (HR) zones; to
permit accessory building to the residential use in the Al zone with floor area of 116 m2
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2020 Committee of Adjustment Minutes May 11, 2020
Application A-02/20
& A-03/20
(1,250 ftz); and, to recognize zero rear yard setback for the existing dwelling located in
the Al and HR zone, located at 53708 Heritage Line, north side, west of Richmond
Road.
THE EFFECT of this variance will be to allow the construction of a new accessory
building for personal storage and hobby purposes in the Al portion of the parcel
4. STAFF PRESENTATION
A. Report DS-33/20 re Minor Variance Application A-02/20 D & T Froese
Secretary/Treasurer M. Underhill presented Report DS-33/20 and advised no public
submissions were received.
B. Report DS-34/20 re Minor Variance Application A-03/20 D & M Miller
Secretary/Treasurer M. Underhill presented Report DS-34/20 and advised no pubic
submissions were received.
5. PRESENTATIONS BY APPLICANT/AGENT
A. None.
B. None.
6. PUBLIC SUBMISSIONS
A. None.
B. None.
7. COMMITTEE QUESTIONS AND DISCUSSION
A. None.
B. None.
8. DECISION OF COMMITTEE (Motions)
A. FROESE
Member Dan Froese declared a conflict of interest with Application A-02/20 D & T Froese and
did not take part in debate or consideration of Application A-02/20 D & T Froese as he is the
Applicant.
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2020 Committee of Adjustment Minutes May 11, 2020
Application A-02/20
& A-03/20
Moved by: Valerie Donnell
Seconded by: Rainey Weisler
THAT the Committee of Adjustment Secretary -Treasurer's report DS-33/20 regarding
the Froese 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-02/20 submitted by Dan and Tina Froese, 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 a maximum of one (1) supplementary farm
dwelling in the form of mobile trailer with a maximum floor area of 93 m2 (1000 ft2)
to accommodate a maximum of eight (8) seasonal farm labourers at 10019 Plank
Road subject to the owner/applicant entering into an agreement the Municipality
Condition: Development Agreement to be executed within 60 days of the minor variance
approval.
Pursuant to the Procedural By-law No. 2018-005, Section 6.15.1 (K) a recorded vote
was held on the motion:
Committee Member
YES
NO
C. Valerie Donnell
X
Susan Chilcott
X
Rainey Weisler
X
Ed Ketchabaw
X
TOTAL
4
0
CARRIED
B. MILLER
Moved by: Rainey Weisler
Seconded by: Dan Froese
THAT the Committee of Adjustment Secretary -Treasurer's report DS-34/20 regarding
the Miller 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;
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2020 Committee of Adjustment Minutes May 11, 2020
Application A-02/20
& A-03/20
AND WHEREAS the Committee agrees that the proposed variances as presented meet
Section 45.1(1) of the Planning Act and are considered minor;
THEREFORE application A-03/20 submitted by Dave and Marianne Miller, 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 a single -detached dwelling use in the HR
and Al Zones with zero setback in the HR Zone and to permit an accessory
building with floor area of 116 m2 in the Agricultural (Al) Zone accessory to the
single -detached dwelling on the same parcel.
Pursuant to the Procedural By-law No. 2018-005, Section 6.15.1 (K) a recorded vote
was held on the motion:
Committee Member
YES
NO
C. Valerie Donnell
X
Dan Froese
X
Susan Chilcott
X
Rainey Weisler
X
Ed Ketchabaw
X
TOTAL
5
0
9. ADJOURNMENT
Moved by: Susan Chilcott
Seconded by: Dan Froese
THAT the Committee of Adjustment hearing for consideration of Minor Variance
Applications A-02/20 Froese and A-03/20 Miller be adjourned at 6:12 p.m.;
AND THAT in accordance with the regulations of the Planning Act, Notices of Decision
be circulated by the Secretary/Treasurer accordingly.
Pursuant to the Procedural By-law No. 2018-005, Section 6.15.1 (K) a recorded vote
was held on the motion:
Committee Member
YES
NO
C. Valerie Donnell
X
Dan Froese
X
Susan Chilcott
X
Rainey Weisler
X
Ed Ketchabaw
X
TOTAL
5
0
2020 Committee of Adjustment Minutes
CARRIED
DATE:
CHAIRP RSON SECRETARY TREASURER
May 11, 2020
Application A-02/20
& A-03/20