HomeMy WebLinkAboutOctober 01, 2020 - Planning - Committee of AdjustmentTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COMMITTEE OF ADJUSTMENT MINUTES
56169 Heritage Line, Straffordville, ON
Thursday, October 1, 2020
6:45 p.m.
A. A. & P. Hiebert A-10/20
B. P. Grant A-11/20
COMMITTEE MEMBERS PRESENT:
STAFF PRESENT:
CAOICLERK
SECRETARY/TREASURER
SIGNED IN ATTENDEES:
1. CALL TO ORDER
ED KETCHABAW
RAINEY WEISLER
C. VALERIE DONNELL
DAN FROESE
SUSAN CHILCOTT
PAUL SHIPWAY
MARGARET UNDERHILL
MARNI AND MIKE WOLFE
PERRY GRANT
Chairman Ketchabaw called the meeting to order at 6:45 p.m.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
None
3. APPLICATIONS
A. Minor Variance Application A-10/20 A. & P. Hiebert
THE PURPOSE of the variance is to permit a maximum accessory building height of
4.8 m (15.7 ft) whereas 4.5 m (14.8 ft) is the maximum permitted by Section 9.5.1 of the
Hamlet Residential (HR) Zone; and to permit a maximum floor area for an accessory
building of 140 sq. m (1,500.5 sq. ft), whereas 75 sq. m (807.3 sq. ft) is the maximum
permitted in Section 9.7, of the Hamlet Residential (HR) Zone, for lands located at
54140 Eden Line, north side, west of Culloden Road.
THE EFFECT of this variance will be to allow the development of an accessory building
for personal storage of construction, lawn, and hobby equipment in excess of the
maximum permitted height and floor area.
B. Minor Variance Application A-11/20 P. Grant
THE PURPOSE of the variance is to permit a minimum lot area of 814 sq. m (8,764.5
sq. ft) whereas 900 sq. m (9,687.5 sq. ft) is the required minimum for lots within the
Village Residential R1 zone regulations, where sanitary sewage disposal services are
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2020 Committee of Adjustment Minutes October 1, 2020
Application A-10/20
& A-11/20
available, as per Section 10.3 of the Zoning By-law, located in the Village of
Straffordville, 55879 First Street, south side, west of East Street.
THE EFFECT of this variance will be to allow the development of a future residence
upon currently vacant lands.
4. STAFF PRESENTATION
A. Report DS-63/20 re Minor Variance Application A-10/20 A. & P. Hiebert
Secretary -Treasurer M. Underhill presented the report and noted no public submissions
received.
B. Report DS-64/20 re Minor Variance Application A-11/20 P. Grant
Secretary -Treasurer M. Underhill presented the report and noted one public submission
received October 1/20 from neighbours Marni and Mike Wolfe opposing the variance
with copy provided before the meeting to each member.
5. PRESENTATIONS BY APPLICANT/AGENT
A. None
B. P. Grant, applicant/landowner, stated there used to be a barn demolished years ago
and understands the variance is to accommodate future residential use.
6. PUBLIC SUBMISSIONS
A. None
B. Marni Wolfe, neighbour, orally presented their written comments regarding the concern
of potential risk to the root system of their 50+ year old tree located near to the shared
lot line by any impending excavation.
7. COMMITTEE QUESTIONS AND DISCUSSION
A. Member Donnell noted the Condition in the recommendation is favourable.
B. A Member asked about the lot size longevity and the Secretary Treasurer responded by
explaining the lot size originated from the Plan 205 Straffordville dating back to 1860,
long before today's zoning regulations. A Member also asked if there are any
restrictions that can be added requiring setbacks from the tree dripline to which the
Secretary Treasurer responded by saying the concern is a civil matter to be discussed
between the landowners and further the municipality will not provide any intervention in
civil matters.
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2020 Committee of Adjustment Minutes October 1, 2020
Application A-10/20
& A-11/20
8. DECISION OF COMMITTEE (Motions)
A. Minor Variance Application A-10/20 A. & P. Hiebert
Moved by: C. V. Donnell
Seconded by: R. Weisler
THAT the Committee of Adjustment Secretary/Treasurer's report DS-63/20 regarding
the Hiebert 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-10/20 submitted by Aggie and Peter Hiebert, 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 an accessory
building which is 4.8 m (15.7 ft) in height, whereas 4.5 m (14.8 ft) is the maximum
permitted in the HR Zone, and
Section 9.7 Maximum Floor Area for an Accessory Building to permit an
accessory building which is 139.4 sq. m. (1500.5 sq. ft) in floor area, whereas 75
sq. m. (807.3 sq. ft) is the maximum permitted in the HR Zone.
Subject to Condition:
That no part of the accessory building shall be used for residential or
accommodation purposes until such time as a main dwelling is erected and
occupied on the same lot.
B. Minor Variance Application A-11/20 P. Grant
Moved by: C. V. Donnell
Seconded by: D. Froese
THAT the Committee of Adjustment Secretary/Treasurer's report DS-64/20 regarding
the Grant minor variance be received;
AND THAT the Committee of Adjustment considered all written and oral submissions
received on this application, the effect of which helped the committee to make an
informed decision;
AND WHEREAS the Committee agrees that the proposed variance as presented meets
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2020 Committee of Adjustment Minutes October 1, 2020
Application A-10/20
& A-11/20
Section 45.1(1) of the Planning Act and is considered minor;
THEREFORE application A-11/20 submitted by Perry Grant, 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 10.3 Minimum Lot Area in the R1 Zone to permit a minimum lot area of
814.3 sq. m. (8,764.5 sq. ft) whereas 900 sq. m (9,687 sq. ft) is the required
minimum for lots within the Village Residential (R1) Zone regulations in
Straffordville where municipal sanitary sewage disposal services and private on -
site potable water services are available;
Subject to Condition:
That the applicant provide written documentation from a qualified professional that
the quantity and quality of potable on -site water is sufficient for the long term
provision of domestic water for the proposed single detached dwelling.
o
9. ADJOURNMENT
Moved by: D. Froese
Seconded by: S. Chilcott
THAT the Committee of Adjustment hearing for consideration of Minor Variance
Applications A-10/20 and A-11/20 be adjourned at 7:07 p.m.;
AND THAT in accordance with the regulations of the Planning Act, Notices of Decision
be circulated by the Secretary/Treasurer accordingly.
CARRIED
DATE: October 1, 2020
C H A I R P SON SEC ETARr TREASURER