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HomeMy WebLinkAboutJuly 16, 2015 - Planning - Friesen COMMITTEE OF ADJUSTMENT MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville, ON Council Chambers Thursday, July 16, 2015 6:30 p.m. The Committee of Adjustment for the Municipality of Bayham met on Thursday, July 16, 2015 at the Municipal Council Chambers at 9344 Plank Road, Straffordville to consider Minor Variance Application A-03115 Friesen. Committee Members present were Paul Ens, Tom Southwick, Randy Breyer, Wayne Casier and Ed Ketchabaw. Also present were CAO Paul Shipway and Secretary-Treasurer Margaret Underhill. Signed in Attendees: Elvin Friesen 1. CALL TO ORDER (a) The Secretary-Treasurer called the meeting to order at 6:30 p.m. and asked for those in attendance for this meeting to sign in at the podium. 2. APPOINTMENT OF CHAIRMAN (a) Appointment Moved by: W Casier Seconded by: T Southwick THAT Paul Ens be appointed Chairman of the Committee of Adjustment for consideration of Minor Variance Application A03/15 submitted by Anna and Elvin Friesen. CARRIED 3. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF (a) No disclosures of pecuniary interest were declared. 4. APPLICATION(S) (a) Minor Variance Application A-03115 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 Page I of 3 Council Municipality of Bayham Committee of Adjustment July 16, 2015 5. STAFF PRESENTATION (a) Report DS-44115 regarding Committee of Adjustment - Minor Variance -A03/15 Friesen File: C-07/ D-03115 Friesen Secretary-Treasurer M. Underhill presented Report DS-44115. 6. PRESENTATIONS BY APPLICANT/AGENT (a) The applicant, Elvin Friesen, advised the purpose of the building would be for recreational use such as the storage of camping trailer, mowers, bikes along with personal storage only. 7. PUBLIC SUBMISSIONS (a) None. 8. COMMITTEE QUESTIONS AND DISCUSSION (a) E Ketchabaw questioned the permitted maximum lot coverage to which Secretary- Treasurer M Underhill responded lot coverage permitted for HR zone is 30% maximum. Secretary-Treasurer advised the property is currently under a building permit for house and attached garage. E Ketchabaw inquired if the final lot coverage would be under the maximum to which Secretary-Treasurer confirmed it would be. 9. DECISION OF COMMITTEE (MOTIONS) (a) Decision Moved by: T Southwick Seconded by: R Breyer THAT the Committee of Adjustment Secretary-Treasurer's report DS-44115 regarding the Friesen minor variance be received; AND WHEREAS the Committee agrees that the proposed variances meet Section 45.1(1) of the Planning Act and these variances are considered minor; 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: Page 2 of 3 Council Municipality of Bayham Committee of Adjustment July 16, 2015 • 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. CARRIED 10. ADJOURNMENT (a) Adjournment Moved by: E Ketchabaw Seconded by: W Casier THAT the Committee of Adjustment hearing for consideration of Minor Variance Application A-03/15 be adjourned at 6:36 p.m.; AND THAT in accordance with the regulations of the Planning Act, Notices of Decision be circulated by the Secretary-Treasure accordingly. CARRIED DATE: /1111;L,P '400. Sec -tary-Treasurer Ch. man Page 3 of 3 COMMITTEE OF ADJUSTMENT MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville, ON Council Chambers May 21, 2015 6:30 p.m. The Committee of Adjustment for the Municipality of Bayham met on May 21, 2015 at the Municipal Council Chambers at 9344 Plank Road, Straffordville to consider Minor Variance Application A-02/15 Murray. Committee Members present were Paul Ens, Tom Southwick, Randy Breyer, Wayne Casier and Ed Ketchabaw. Also present were CAO Paul Shipway and Secretary-Treasurer Margaret Underhill. Signed in Attendees: Dan Murray 1. CALL TO ORDER The Secretary-Treasurer called the meeting to order at 6:30 p.m. and asked for those in attendance for this meeting to sign in at the podium. 2. APPOINTMENT OF CHAIRMAN (a) Appointment Moved by: W Casier Seconded by: E Ketchabaw THAT Paul Ens be appointed Chairman of the Committee of Adjustment for consideration of Minor Variance Application A-02/15 submitted by Wm.Dan & Carolyn Murray. CARRIED 3. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 4. APPLICATION(S) (a) Minor Variance Application A-02115 Ward-Request for variance to grant relief from Zoning By-law Z456-2003 Section 5.1 - Permitted Uses in the Agricultural (Al) Zone on a parcel of land located in Part Lot 26, South Gore on the east side of Coyle Road, south of Lamers Line to permit up to three(3)mobile homes as Page 1 of 3 Council Municipality of Bayham Committee of Adjustment May 21, 2015 supplementary farm dwellings on an agricultural lot. 5. STAFF PRESENTATION (a) Report DS-31115 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment re Committee of Adjustment-Minor Variance-A-02115 Murray File: C-071 D121.MURR Secretary-Treasurer M. Underhill presented Report DS-31115. 6. PRESENTATIONS BY APPLICANT/AGENT (a) Dan Murray advised he is seeking permission to place up to 3 mobile homes on the property to accommodate 20 offshore farm workers. He employs 50- 80 seasonal workers to aid in harvesting asparagus and other seasonal crops. Those employed support the community and spend money here. 7. PUBLIC SUBMISSIONS (a) None. 8. COMMITTEE QUESTIONS AND DISCUSSION (a) W Casier confirmed support of the application and inquired if Dan Murray agreed with the development agreement. D Murray replied that he was in agreement and just requires help to house seasonal employees. 9. DECISION OF COMMITTEE (MOTIONS) (a) Decision Moved by: W. Casier Seconded by: E Ketchabaw THAT the Committee of Adjustment Secretary-Treasurer's report DS-31/15 regarding the Murray minor variance be received; AND WHEREAS the Committee agrees that the proposed variance meets Section 45.1(1) of the Planning Act and this variance is considered minor; THEREFORE application A-02115 submitted by Wm.Dan& 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: Page 2 of 3 Council Municipality of Bayham Committee of Adjustment May 21, 2015 • Section 5.1 —Permitted Uses—to permit the placement up to three(3) mobile homes as supplementary farm dwellings on an agricultural lot identified as 7744 Coyle Road in accordance with Section 2.1.10 of the Official Plan Condition of Minor Variance: Subject to a Development Agreement with the Municipality of Bayham to be executed within 60 days of minor variance approval. CARRIED 10. ADJOURNMENT (a) Adjournment Moved by: T Southwick Seconded by: R Breyer THAT the Committee of Adjustment hearing for consideration of Minor Variance Application A-02/15 be adjourned at 6:39 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: May 21, 2015 / ' / / 41/ lif. X:::7 _ Sec,-tary-Treasurer C firman Page 3 of 3 ■ I COMMITTEE OF ADJUSTMENT MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville,ON Council Chambers May 7,2015 6:30 p.m. The Committee of Adjustment for the Municipality of Bayham met on May 7,2015 at the Municipal Council Chambers at 9344 Plank Road, Straffordville to consider Minor Variance Application A-01/15 Bechard. Committee Members present were Paul Ens, Tom Southwick, Randy Breyer, Wayne Casier and Ed Ketchabaw. Also present were CAO Paul Shipway and Secretary-Treasurer Margaret Underhill. 1. CALL TO ORDER The Secretary-Treasurer called the meeting to order at 6:30 p.m. and asked for those in attendance for this meeting to sign in at the podium. 2. APPOINTMENT OF CHAIRMAN Moved by: T Southwick Seconded by: W Casier THAT Paul Ens be appointed Chairman of the Committee of Adjustment for consideration of Minor Variance Application A-01115 submitted by Kenneth and Karen Bechard. CARRIED 3. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 4. APPLICATION(S) Minor Variance Application A-01/15 Bechard -Request for variance to grant relief from Zoning By-law Z456-2003 Section 4.2 a) -use of an accessory building; Section 4.2 c) -location of an accessory building; Section 10.11 b) -maximum height of an accessory building and Section 10.11 c) -maximum floor area for an accessory building in a Village Residential (R1)Zone to allow for the construction of a new detached garage located in a front yard with accessory lying quarters above the ground level Page 1 of 3 1• Council Municipality of Bayham Committee of Adjustment May 07, 2015 5. STAFF PRESENTATION Report DS-30115 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment re Committee of Adjustment-Minor Variance-A-01/15 Bechard File: C07/D12.BECH Secretary-Treasurer M. Underhill presented report DS-30/15 and noted there were no public written comments received. There was a verbal inquiry of interest by a neighbour pertaining to his own property. 6. PRESENTATIONS BY APPLICANT/AGENT Ms. Bechard advised Long Point Region Conservation Authority has provided approval which is with Chief Building Official B. Knifton to issue a building permit. Ms. Bechard also thanked B. Knifton and M. Underhill for their assistance. 7. PUBLIC SUBMISSIONS None 8. COMMITTEE OUESTIONS AND DISCUSSION W. Casier inquired as to why the front yard was the chosen location for the garage. Ms. Bechard responded to the question advising the septic bed is located in the side yard leaving no additional room and the intent is to replace an existing front yard shed. The only spot to place the shed is in the front yard. E. Ketchabaw requested clarification of the reference in the IBI Memo as to Secondary Units to be incorporated into the Official Plan. Secretary-Treasurer M. Underhill responded that coming forward soon is an Official Plan Amendment for Council consideration to permit Secondary Units in accessory buildings to address Provincial legislation to promote intensification of residential uses. 9. DECISION OF COMMITTEE (MOTIONS) Moved by: W Casier Seconded by: E Ketchabaw THAT the Committee of Adjustment Secretary-Treasurer's report DS-30/15 regarding the Bechard minor variance be received; AND WHEREAS the Committee agrees that the proposed variances meet Section 45.1(1) of the Planning Act and these variances are considered minor; Page 2 of 3 1' Lr Council Municipality of Bayham Committee of Adjustment May 07,2015 THEREFORE application A-01115 submitted by Kenneth and Karen Bechard, 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 4.2 a)—Use of an Accessory Building—to permit the use of the accessory building's second storey for a dwelling unit,where currently accessory buildings are not permitted to be used for human habitation unless specifically allowed in a particular zone, and; • Section 4.2 c)—Location of an Accessory Building—to permit the placement of the detached garage in the front yard,where currently accessory buildings are not permitted in front yards, and; • Section 10.11 b)—Maximum Height—to permit a maximum height for an accessory building,by Zoning By-law definition, of 5.3 metres,where 4.5 metres is permitted in the Village Residential Zone, and; • Section 10.11 c)—Maximum Floor Area—to permit a maximum floor area for an accessory building of 97.4 m2,where 65.0 m2 is currently permitted (note floor area includes both floors). CARRIED 10. ADJOURNMENT Moved by: T Southwick Seconded by: R Breyer THAT the Committee of Adjustment hearing for consideration of Minor Variance Application A-01/15 be adjourned at 6:39 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: May 7,2015 ed4if ..1J Sec Mary-Treasurer , Chairm Page 3 of 3 1 COMMITTEE OF ADJUSTMENT MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville,ON Council Chambers February 5,2015 6:30 p.m. The Committee of Adjustment for the Municipality of Bayham met on February 5,2015 at the Municipal Council Chambers at 9344 Plank Road, Straffordville to consider Minor Variance Application A-06/14 Ward. Committee Members present were Tom Southwick,Randy Breyer, Wayne Casier and Ed Ketchabaw. Also present were Administrator Paul Shipway and Secretary-Treasurer Margaret Underhill. Signed in Attendees: Paul Ward. 1. CALL TO ORDER (a) The Secretary-Treasurer called the meeting to order at 6:30 p.m. and asked for those in attendance for this meeting to sign in at the podium. 2. APPOINTMENT OF CHAIRMAN (a) Appointment Moved by: W Casier Seconded by: E Ketchabaw "THAT Tom Southwick be appointed Chairman of the Committee of Adjustment for consideration of Minor Variance Application A-06/14 submitted by Paul Ward." CARRIED 3. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF (a) No disclosures of pecuniary interest were declared. 4. APPLICATION(S) (a) Minor Variance Application A-06114 Ward-Request for variance to grant relief from Zoning By-law Z456-2003 Section 9.8 -minimum front yard depth, Section 9.9-minimum side yard width and Section 9.10 -minimum rear yard depth to meet condition of Consent Application E36/14 Martin Page 1 of 3 '1 Municipality of Bayham Committee of Adjustment February 05,2015 5. STAFF PRESENTATION (a) Report DS-08/15 regarding Committee of Adjustment-Minor Variance-A06/14 WARD File: C-07/D12.WARD Secretary-Treasurer M. Underhill presented Report DS -08/15. 6. PRESENTATIONS BY APPLICANT/AGENT (a) None. 7. PUBLIC SUBMISSIONS (a) None. 8. COMMITTEE QUESTIONS AND DISCUSSION (a) None. 9. DECISION OF COMMITTEE (MOTIONS) (a) Decision Moved by: E Ketchabaw Seconded by: W Casier "THAT the Committee of Adjustment Secretary-Treasurer's report DS-08/15 regarding the Ward minor variance be received; AND WHEREAS the Committee agrees that the proposed variances meet Section 45.1(1) of the Planning Act and these variances are considered minor; THEREFORE application A-06114 submitted by Paul Ward,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 9.8—Minimum Front Yard Depth—a front yard depth(from Richmond Road) of 47.0 meters,where 7.0 metres is currently permitted • Section 9.9—Minimum Side Yard Width—an exterior side yard width(from Hoover Valley Road) of 7.0 metres,where 4.5 metres is currently permitted, and; • Section 9.10—Minimum Rear Yard Depth—a rear yard depth(from unopened road allowance) of 7.0 metres,where 9.0 metres is currently permitted. " CARRIED Page 2 of 3 II 1 Municipality of Bayham Committee of Adjustment February 05, 2015 10. ADJOURNMENT (a) Adjournment Moved by: R Breyer Seconded by: W Casier "THAT the Committee of Adjustment hearing for consideration of Minor Variance Application A-06/14 be adjourned at 6:34 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: February 5,2015 tor-m7A 1 Chairman Seer reasurer Page 3 of 3