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HomeMy WebLinkAboutOctober 17, 2013 - Planning - Tobler MUNICIPALITY OF BAYHAM COMMITTEE OF ADJUSTMENT MINUTES Thursday, October 17, 2013 6:00 PM 9344 Plank Road, Straffordville The Committee of Adjustment for the Municipality of Bayham met on October 17, 2013 at the Municipal Council Chambers at 9344 Plank Road, Straffordville to consider Minor Variance Application A-08/13 Tobler. Committee Members present were Paul Ens, Cliff Evanitski, Tom Southwick,Wayne Casier and Ed Ketchabaw. Also present were Administrator Kyle Kruger and Secretary-Treasurer Margaret Underhill. Signed in Attendees: Roselyn Chues,Julia Cus,Tom Foote,Joan Foote, Martin Vendryes, Aaron Knelsen, Diane Patten. 1. CALL TO ORDER Secretary-Treasurer M. Underhill called the meeting to order at 6:00pm. She asked those in attendance for this meeting to sign in at the podium. 2. APPOINTMENT OF CHAIRMAN (a) Appointment 2013-017 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-08/13 submitted by Daniel and Margaritha Tobler." CARRIED UNANIMOUSLY 3. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF (a) None 4. APPLICATIONS) (a) Minor Variance Application A-08113 Tobler - Request for variance to grant relief from Zoning By-law Z456-2003 Section 4.6 (b) -Agricultural Home Occupations in the Rural Residential(RR) Zone at 11887 Elliott Road. Page 1 of 4 Municipality of Bayham Committee of Adjustment October 17,2013 5. STAFF PRESENTATION (a) Staff Report D2013-036 TOBLER Minor Variance A-08/13 Secretary-Treasurer M. Underhill presented her staff report to the Committee highlighting the application was for the variance to the minimum floor area for an Agricultural Home Occupation from 70 sq.m. to permit 404 sq.m. She stated the owners have an existing carpentry business at the location and it's the type of carpentry using very large timber materials that necessitates the larger floor area. She explained that a minor variance must be considered on a site-specific basis against the "four tests" for a minor variance as per the Planning Act. She stated the municipal planner and staff are satisfied the application meets the criteria and recommend the granting of the minor variance. She emphasized to the Committee that it's the type of use, not the scale of operation that necessitates the larger building area in this case. M. Underhill recommended to the Committee that a site plan agreement be a condition of the minor variance as a means to address the neighbour concerns with noise,buffering and drainage. She stated there were phone calls from two neighbours asking for clarification of the matter and only one written submission from the southerly neighbour, Roselyne Chues, opposing the minor variance due to noise, fumes and drainage concerns. 6. PRESENTATIONS BY APPLICANT/AGENT (a) Mr. and Mrs. Tobler were present and did not sign in or make presentation. 7. PUBLIC SUBMISSIONS (a) Speakers Roselyne Chues and Julia Cus referred to Ms. Chues' written submission. Their joint concerns are with the barn being only 3 metres from the property line with no buffer, diesel fumes from the tractors and bulldozer, sandblasting with plumes 4 storeys high,noise from the saws and beeping from the forklift,drainage concern with neighbour's surface water running on to their property and the need for a storm water management plan, transport trucks and 15 cars coming and going daily with 10 families working there and a yard light shining in to their home. Secretary's Note: Ms. Chues raised other issues unrelated to the planning application that are not accounted for in the minutes. Speakers Tom and Joan Foote reside at 11911 Elliott Rd, located on the northside of the Toblers. They support the Tobler's application. Mr. Foote does not hear excessive noise, only saws coming from the workshop, there is no noise except 8am- 5pm working hours and they do all their work within the workshop with the doors closed. Mrs. Foote has worked shift work for 30 years and there hasn't been noise disrupting their lives. She noted when the Toblers first started their business it was noisy but a conversation with them solved that issue by them siding the workshop and adding insulation. Page 2 of 4 Municipality of Bayham Committee of Adjustment October 17, 2013 Speaker Martin Vendryes, friend of the Toblers, was present to address concerns on their behalf. He stated that Mr. Tobler works the business himself with one other person and not ten families as stated earlier. There are not 15 cars daily, equipment does not run on weekends and the sandblasting was a one- time event years ago. He noted Mr.Foote's comment that noise is not an issue and the fact that he lives right next door on the north side should speak for itself. He stated that Ms. Chues is making unfounded accusations and her blatant allegations should be investigated. Speaker Aaron Nelsen works for Mr. Tobler and stated every attempt is made to lower noise as much as possible. Speaker Diane Patten, friend of the Toblers, visits the property on a regular basis and states that no machinery runs on weekends and limited noise occurs during the week when she's been there. 8. COMMITTEE QUESTIONS AND DISCUSSION Committee members questioned whether the staff recommended site plan agreement would address the neighbour's issues regarding buffering for noise, outdoor lighting and storm water management/lot grading. Secretary-Treasurer M. Underhill responded saying the minor variance, if granted, would be conditional on the site plan agreement and that the Agreement would address those items. It was noted that many of the issues raised by Ms. Chues are unrelated to the planning application and will not be addressed in the site plan agreement. 9. DECISION OF COMMITTEE (MOTIONS) (a) Decision 2013-018 Moved by T. Southwick Seconded by E. Ketchabaw "THAT Committee of Adjustment Secretary-Treasurer's report D2013-036 regarding the Tobler minor variance be received; AND WHEREAS the Committee agrees that the proposed variances meet Section 45.(1)of the Planning Act and these variances are considered minor; THEREFORE application A-08/13 submitted by Daniel and Margaritha Tobler, 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 4.6 (b) -Agricultural Home Occupations to permit a maximum floor area of 404 m2,where 70 m2 is the permitted maximum. Condition: Site Plan Agreement required Page 3 of 4 Municipality of Bayham Committee of Adjustment October 17, 2013 CARRIED UNANIMOUSLY 10. ADJOURNMENT (a) Adjournment 2013-019 Moved by C. Evanitski Seconded by W. Casier "THAT the Committee of Adjustment hearing for consideration of Minor Variance Application A-08/13 be adjourned at 6:40 p.m.; AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." CARRIED UNANIMOUSLY DATE: ardgirn. 62,2e, Ch rman S ret -Treasurer Page 4 of 4 MUNICIPALITY OF BAYHAM (a-) RESOLUTION OF COMMITTEE OF ADJUSTMENT /, Date: 17 Oct 2013 MOVED BY: �) ac-g SECONDED BY: "THAT i6121‘-‘-' &'-r be appointed Chairman of the Committee of Adjustment for consideration of Minor Variance Application A-08113 submitted by Daniel and Margaritha Tobler." CARRIED: 7 DEFEATED: E+1,4410,444.4 CHAIRMAN MUNICIPALITY OF BAYHAM �\ RESOLUTION OF COMMITTEE OF ADJUSTMENT Date: 17 Oct 2013 MOVED BY: -1 SECONDED BY:. "THAT Committee of Adjustment Secretary-Treasurer's report D2013-036 regarding the Tobler minor variance be received; AND WHEREAS the Committee agrees that the proposed variances meet Section 45.(1) of the Planning Act and these variances are considered minor; THEREFORE application A-08/13 submitted by Daniel and Margaretha Tobler,pursuant to Section 45 of the Plannin.Act for minor variance,is granted to allow relief from Municipality of Bayham Zoning By-law Z456-2003: . Section 4.6(b) -Agricultural Home Occupations to permit a maximum floor area of 404 m2,where 70 m2 is the permitted maximum. Condition: Site Plan Agreement required CARRIED: I _j/,� ,,Li DEFEATED: f CHAIRMAN CHAIRMAN MUNICIPALITY OF BAYHAM 1 ( CIL) RESOLUTION OF COMMITTEE OF ADJUSTMENT MOVED BY: GA), ) Date: 17 Oct 2013 :' 019 SECONDED BY: "THAT the Committee of Adjustment hearing for consideration of Minor Variance Application A-08/13 be adjourned at 60`YO p.m.; AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." CARRIED: ge..tL DEFEATED: CHAIRMAN CHAIRMAN MUNICIPALITY OF BAYHAM COMMITTEE OF ADJUSTMENT MINUTES Thursday, September 19, 2013 6:30 PM 9344 Plank Road,Straffordville The Committee of Adjustment for the Municipality of Bayham met on September 19, 2013 at the Municipal Council Chambers at 9344 Plank Road, Straffordville to consider Minor Variance Application A-07/13 BORM. Committee Members present were Paul Ens, Cliff Evanitski, Tom Southwick, Wayne Casier and Ed Ketchabaw. Also present were Administrator Kyle Kruger and Secretary-Treasurer Margaret Underhill. Signed in Attendees: David Roe,Roger James, Cheryl James, Martin Vendryes 1. CALL TO ORDER Secretary-Treasurer M. Underhill called the meeting to order at 6:30pm. She asked those in attendance for this meeting to sign in at the podium. 2. APPOINTMENT OF CHAIRMAN (a) Appointment 2013-014 Moved by T. Southwick Seconded by C. Evanitski "THAT Paul Ens be appointed Chairman of the Committee of Adjustment for consideration of Minor Variance Application A-07/13 submitted by Etienne & Marie-Louise Borm." CARRIED UNANIMOUSLY 3. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None 4. APPLICATION(S) (a) Minor Variance Application A-07/13 Borm- Request for variances to grant relief from Zoning By-law Z456-2003 Section 21.10.8.3 -Maximum Lot Coverage and Section 21.10.8.5 - Minimum Rear Yard Depth at ETBO Tool & Die, 7288 Richmond Road. Page 1 of 4 Municipality of Bayham Committee of Adjustment Minutes September 19, 2013 5. STAFF PRESENTATION (a) Staff Report D2013-028 BORM Minor Variance A-07/13 Secretary-Treasurer M. Underhill presented the staff report highlighting the application was for variances from two sections of Zoning By-Iaw being Section 21.10.8.3 Maximum Lot Coverage and Section 21.10.8.5 Minimum Rear Yard Depth. She explained that staff and municipal planner supported the reduction in rear yard depth to 10 metres as this meets the standard for the Rural Industrial (M2) Zone. She noted that staff and planner do not support the increase to 35% Lot Coverage as this was not justified but would support an increase to 25%. She explained that the existing and proposed buildings represent 24% lot coverage and 25% would still provide room for a slight increase to the proposed buildings or the accessory residential dwelling in the future. She added that at 25%lot coverage the property is well below the standard Rural Industrial (M2) Zone regulations permitting 35% lot coverage. M. Underhill also stated the site plan agreement would be coming to Council in the near future,which provides opportunity to address lot development concerns such as lighting, additional buffering, access,parking etc. Secretary-Treasurer also noted to the committee that no written submissions had been received from the public prior to this public meeting. 6. PRESENTATIONS BY APPLICANT/AGENT (a) David Roe, Appointed Agent. D. Roe and client concur with the 25%lot coverage and feels it is reasonable under the circumstances. He explained the expansion is intended to be warehousing, the building will maintain the same setback from the north side being no closer to the neighbours to the north with no expected land use conflict with the vacant agricultural lands to the east. He added the proposed northerly access is for a fire route,which may require changes to the pond for building and fire code requirements. The site plan will address the fire route access, lighting and additional concerns from the neighbours and Council. 7. PUBLIC SUBMISSIONS Neighbours Roger&Cheryl James were present. Roger James stated he thought the OMB decision in 2009 was final and no changes could be made. He added, however, that they did not object to the minor variance as long as certain items were dealt with in the site plan i.e. tree planting, light deflectors, berm, sound barriers extended along the northwall of the proposed building and the location of the fire route south of the berm. D. Roe responded saying the berm will be extended easterly and the road access is Page 2 of 4 Municipality of Bayham Committee of Adjustment Minutes September 19, 2013 intended for fire & emergency services, which can have signage restricting access or be gated under fire department control. 8. COMMITTEE QUESTIONS AND DISCUSSION When asked about the application drawing showing the location of the berm and what the new road is intended for,D. Roe responded saying it is a fire route that appears to be on the north side of the berm intended for fire services only, not delivery trucks. D. Roe confirmed that the extension and location of the berm would be discussed with the applicant along with the fire route details, lighting,tree planting and all will be addressed through the site plan agreement. The Secretary-Treasurer was questioned if there are any implications to the municipality in overriding the OMB Order to which she responded saying there are none and that a property owner has the right to request a variance as circumstances at the property change. A Committee Member questioned whether the site plan drawing had been circulated to the James' and M. Underhill responded saying it had not been circulated and that normally a site plan agreement is not a publically circulated process but one that involves the applicant, staff and Council. 9. DECISION OF COMMITTEE (MOTIONS) (a) Decision 2013-015 Moved by W. Casier Seconded by C. Evanitski "THAT Committee of Adjustment Secretary-Treasurer's Report D2013-028 regarding the Borm minor variance be received; AND WHEREAS the Committee agrees the proposed variances meet Section 45.(1) of the Planning Act and are considered minor in nature, do not change the use of the property and maintain the general intent and purpose of the Official Plan and Zoning By-law; THEREFORE the Application A-07/13 submitted by Etienne and Marie-Louise Borm,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: 1. Section 21.10.8.3 -Maximum Lot Coverage of 25% of the minimum lot area, where 15% is permitted Page 3 of 4 Municipality of Bayham Committee of Adjustment Minutes September 19, 2013 2. Section 21.10.8.5 -Minimum Rear Yard Depth of 10 metres, where 30 metres is required." CARRIED UNANIMOUSLY 10. ADJOURNMENT (a) Adjournment 2013-016 Moved by T. Southwick Seconded by C. Evanitski "THAT the Committee of Adjustment hearing for consideration of Minor Variance Application A-07/13 be adjourned at 6:55 p.m.; AND THAT in accordance with the regulations of the Planning Act, Notices of Decision be circulated by the Secretary-Treasurer accordingly." CARRIED UNANIMOUSLY DATE: 077, got3 . i .da Chairman Secret -Treasurer Page 4 of 4 MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT 6x) Date: 19 Sep 2013 MOVED BY: /97g-1 //21/9 aoi 3 - oiSECONDED BY: Cr--67-6 "THAT A Lcl S be appointed Chairman of the Committee of Adjustment for consideration of Minor Variance Application A-07/13 submitted by Etienne & Marie-Louise Borm." CARRIED: 4117.PJ _ DEFEATED: ell-AIRMAN CHAIRMAN S r(6:7-M .7`- lKer5u�/ZCrZ MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT I a- Date: 19 Sep 2013 MOVED BY: Z:f----)`" X40/3 SECONDED BY: al "THAT Committee of Adjustment Secretary-Treasurer's Report D2013-028 regarding the Borm minor variance be received; AND WHEREAS the Committee agrees the proposed variances meet Section 45.(1) of the Plannin,g Act and are considered minor in nature, do not change the use of the property and maintain the general intent and purpose of the Official Plan and Zoning By-law; THEREFORE the Application A-07/13 submitted by Etienne and Marie-Louise Borm,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: 1. Section 21.10.8.3 -Maximum Lot Coverage of 25% of the minimum lot area, where 15% is permitted 2. Section 21.10.8.5 -Minimum Rear Yard Depth of 10 metres,where 30 metres is required." 41110 CARRIED: \aft-Lc) DEFEATED: CHAT'I CHAIRMAN MUNICIPALITY OF BAYIIAM 0 (a) RESOLUTION OF COMMITTEE OF ADJUSTMENT Date: 19 Sep 2013 MOVED BY: reppt l;witt,vj 029/3 —0g; SECONDED BY: ae5,6 "THAT the Committee of Adjustment hearing for consideration of Minor Variance Application A-07113 be adjourned at ' Yci p.m.; AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." CARRIED: �C �t DEFEATED: CHAIRMAN CHAIRMAN MUNICIPALITY OF BAYHAM COMMITTEE OF ADJUSTMENT MINUTES Thursday,June 6,2013 6:30 PM 9344 Plank Road, Straffordville The Committee of Adjustment for the Municipality of Bayham met on June 6,2013 at the Municipal Council Chambers at 9344 Plank Road, Straffordville to consider Minor Variance Application A-05/13 2350752 Ontario Inc. Committee Members present were Cliff Evanitski, Tom Southwick,Wayne Casier and Ed Ketchabaw (Absent: Paul Ens). Also present were Administrator Kyle Kruger and Secretary-Treasurer Margaret Underhill. 1. CALL TO ORDER Secretary-Treasurer M. Underhill called the meeting to order at 6:30pm and asked for those present for the meeting to sign in at the podium on the sheet provided. 2. APPOINTMENT OF CHAIRMAN (a) Appointment 2013-11 Moved by E. Ketchabaw Seconded by W. Casier "THAT Cliff Evanitski be appointed Chairman of the Committee of Adjustment for consideration of Minor Variance Application A-05/13 submitted by 2350752 Ontario Inc." CARRIED UNANIMOUSLY 3. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None 4. APPLICATIONS) (a) Minor Variance Application A-05/13 2350752 Ontario Inc. -Request for variance to grant relief from various sections of the Zoning By-law Z456-2003 on lands located at 39&41 Robinson Street,Port Burwell. 5. STAFF PRESENTATION (a) Staff Report D2013-019 2350752 Ontario Inc. Minor Variance A-05/13 Page 1 of 3 Municipality of Bayham Committee of Adjustment June 06, 2013 Secretary-Treasurer M. Underhill presented the staff report noting that the two properties are subject to a consent application and the minor variance is a condition of the consent to recognize the deficiencies of the properties in the Central Business District(C1)Zone. She added that no public comments were received. 6. PRESENTATIONS BY APPLICANT/AGENT D. Roe,Appointed Agent, advised the Committee that the 39 Robinson building has been rented to a person offering supplies and souvenirs to area campers and visitors. 7. PUBLIC SUBMISSIONS None 8. COMMITTEE QUESTIONS AND DISCUSSION Chairman Evanitski asked why the properties were merged. D. Roe responded saying the properties automatically merged in error when the deeds were registered as they were in the same name. 9. DECISION OF COMMITTEE (MOTIONS) (a) Decision 2013-12 Moved by W. Casier Seconded by E. Ketchabaw "THAT Committee of Adjustment Secretary-Treasurer's Report D2013-019 regarding the 2350752 Ontario Inc. minor variance be received; AND WHEREAS the Committee agrees that the proposed variance meet Section 45.(1) of the Planning Act and this variance is considered minor; THEREFORE the application(A-05/13)submitted by 2350752 Ontario Inc., pursuant to Section 45 of the Plannin. Act for a minor variance,is granted to allow: Relief from sections of the Central Business District(Cl) Zone on 39 Robinson Street including: • • Section 17.4 —Minimum Lot Depth of 31.17 metres,where 40.0 metres is required; and Relief from sections of the Central Business District(CI) Zone on 41 Robinson Street including: • • Section 17.2 —Minimum Lot Area of 228m2,where 232m2 is required; • • Section 17.3 —Minimum Lot Frontage of 7.47 metres,where 10.0 metres is required; Page 2 of 3 Municipality of Bayham Committee of Adjustment June 06, 2013 • • Section 17.4 —Minimum Lot Depth of 29.89 metres,where 40.0 metres is required." CARRIED UNANIMOUSLY 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-05/13 be adjourned at 6:38 p.m.; AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." CARRIED UNANIMOUSLY DATE: (90/3 . i Aink7 fez ( FA _. _ A //, , 7 Chai i , Secr t. ,- reasurer Page 3 of 3 MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT +9 (a- Date: 06 Jun 2013 MOVED BY: ' 7 020/3 r SECONDED BY: ti...)---exy.2„ "THAT C-11./""iim- V.4ry cj Nt` be appointed Chairman of the Committee of Adjustment for consideration of Minor Variance Application A-05/13 submitted by 2350752 Ontario Inc." /. CARRIED: / . / (! /7 DEFEATED: e HAMM A AT CHAIRMAN 5� KE-7711-K Y'7E/9Sr-"e MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT CI (Cx- � Date: 06 Jun 2013 MOVED BY: Z:6) ---‘2.....12-- ?0/3 a0/3 — 1 SECONDED BY: "THAT Committee of Adjustment Secretary-Treasurer's Report D2013-019 regarding the 2350752 Ontario Inc. minor variance be received; AND WHEREAS the Committee agrees that the proposed variance meet Section 45.(1)of the Planning Act and this variance is considered minor; THEREFORE the application (A-05/13) submitted by 2350752 Ontario Inc.,pursuant to Section 45 of the Planning Act for a minor variance,is granted to allow: Relief from sections of the Central Business District (C1)Zone on 39 Robinson Street including: . • Section 17.4—Minimum Lot Depth of 31.17 metres,where 40.0 metres is required; and Relief from sections of the Central Business District(Cl)Zone on 41 Robinson Street including: • • Section 17.2—Minimum Lot Area of 228m2,where 232m2 is required; • • Section 17.3—Minimum Lot Frontage of 7.47 metres, where 10.0 metres is required; • • Section 17.4—Minimum Lot Depth of 29.89 metres,where 40.0 metres is required." (---) If I CARRIED: -410,, DEFEATED: CHAP CHAIRMAN MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT (a,) Date: 06 Jun 2013 MOVED BY: 13 _i3 SECONDED BY: "THAT the Committee of Adjustment hearing for consideration of Minor Variance Application A-05/13 be adjourned at 6, = i t p.m.; AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." CARRIED: / 4DEFEATED: <IP& CHAIRMAN CHAIRMAN MUNICIPALITY OF BAYHAM COMMITTEE OF ADJUSTMENT MINUTES Thursday,May 16,2013 6:30 PM 9344 Plank Road,Straffordville The Committee of Adjustment for the Municipality of Bayham met on May 16,2013 at the Municipal Council Chambers at 9344 Plank Road, Straffordville to consider Minor Variance Application A-04/13 DYCK. Committee Members present were Paul Ens, Cliff Evanitski, Tom Southwick, Wayne Casier and Ed Ketchabaw. Also present were Administrator Kyle Kruger and Secretary-Treasurer Margaret Underhill. 1. CALL TO ORDER Secretary-Treasurer M. Underhill called the meeting to order at 6:30pm. Requested that anyone present for this public meeting to sign in at the podium. 2. APPOINTMENT OF CHAIRMAN (a) Appointment 2013-08 Moved by W. Casier Seconded by C. Evanitski "THAT Paul Ens be appointed Chairman of the Committee of Adjustment for consideration of Minor Variance Application A-04/13 submitted by Gerhard and Maria Dyck." CARRIED UNANIMOUSLY 3. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None 4. APPLICATION(S) (a) Minor Variance Application A-04/13 Dyck -Request for variance to grant relief from Section 5.1 -Permitted Uses in the Agricultural(AI)Zone on lands located at 53363 Talbot Line. 5. STAFF PRESENTATION (a) Staff Report D2013-017 Dyck Minor Variance A-04/13 Page 1 of 3 Council Municipality of Bayham Committee of Adjustment May 16, 2013 Secretary-Treasurer M. Underhill presented staff report D2013-017 highlighting the minor variance permitting a supplementary farm dwelling that exists and was previously approved under a Temporary Zone. 6. PRESENTATIONS BY APPLICANT/AGENT Applicant was not present. 7. PUBLIC SUBMISSIONS Secretary-Treasurer M. Underhill noted that email correspondence was received from the Ministry of Transportation(MTO)on May 14,2013. The MTO has no objections to the application and advise the applicants should contact them regarding any permit requirements. 8. COMMITTEE QUESTIONS AND DISCUSSION E.Ketchabaw asked if multiple trailers could be placed on a property. M. Underhill responded by saying that it is the decision of the Committee of Adjustment to determine if the application meets the Official Plan policies and if multiple supplementary farm dwellings are justified. W.Casier asked if a proposal for multiple trailers on a property required multiple minor variance applications. M. Underhill responded by saying that a proposal for multiple mobile homes on one property can be considered under one application. She added that separate applications are required for multiple properties as an application is property specific. 9. DECISION OF COMMITTEE (MOTIONS) (a) Decision 2013-09 Moved by E.Ketchabaw Seconded by W. Casier "THAT Committee of Adjustment Secretary-Treasurer's Report D2013-017 regarding the Dyck minor variance be received; AND WHEREAS the Committee agrees that the proposed variance meets Section 45.(1) of the Planning Act and this variance is considered minor; THEREFORE the application A-04/13 submitted by Gerhard and Maria Dyck, pursuant to Section 45 of the Planning Act for a minor variance,is granted to allow: • Relief from Section 5.1 -Permitted Uses in the Agricultural(Al)Zone on a 17.7 hectare (43.7 acre) parcel to permit one(1) mobile home as a supplementary farm dwelling on an undersized lot in accordance with Section 2.1.10 of the Official Plan. • Condition: Development Agreement with the Municipality CARRIED UNANIMOUSLY Page 2 of 3 Council Municipality of Bayham Committee of Adjustment May 16, 2013 10. ADJOURNMENT (a) Adjournment 2013-10 Moved by T. Southwick Seconded by W. Casier "THAT the Committee of Adjustment hearing for consideration of Minor Variance Application A-04/13 be adjourned at 6:37 p.m.; AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." CARRIED UNANIMOUSLY DATE: '7 4 p7,03 ri,,,,,,2 ,,,,, i , . - 4., ,., , Chairman Sec - : reasurer Page 3 of 3 MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT (7C*-) Date: 16 May r, 2013 MOVED BY: z,i,.),:::::::...„7"..... ,o'3 0, SECONDED BY: ' 0 "THAT /Qr ti 4_ —,s be appointed Chairman of the Committee of Adjustment for consideration of Minor Variance Application A-04/13 submitted by Gerhard and Maria Dyck." 1)( a/ CARRIED: / % DEFEATED: �N CHAIRMAN Secy-Tf►IXY —�` Su 'eaf MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT (a) Date: 16 May 2013 MOVED BY: SECONDED BY: Ze-,)--go-a-- "THAT Committee of Adjustment Secretary-Treasurer's Report D2013-017 regarding the Dyck minor variance be received; AND WHEREAS the Committee agrees that the proposed variance meets Section 45.(1) of the Planning Act and this variance is considered minor; THEREFORE the application A-04/13 submitted by Gerhard and Maria Dyck, pursuant to Section 45 of the Planning Act for a minor variance,is granted to allow: • Relief from Section 5.1 -Permitted Uses in the Agricultural (Al) Zone on a 17.7 hectare (43.7 acre) parcel to permit one(1) mobile home as a supplementary farm dwelling on an undersized lot in accordance with Section 2.1.10 of the Official Plan. • Condition: Development Agreement with the Municipality CARRIED: DEFEATED: CHAIRMAN CHAIRMAN MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT t✓' ,, Date: 16 May 2013 MOVED BY: /1/4'1'1 L / ,U/3 __/0-- SECONDED BY: t "THAT the Committee of Adjustment hearing for consideration of Minor Variance Application A-04/13 be adjourned at 6:57 p.m.; AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." CARRIED: DEFEATED: CHAIRMAN CHAIRMAN MUNICIPALITY OF BAYHAM COMMITTEE OF ADJUSTMENT MINUTES Thursday,March 21,2013 6:30 PM 9344 Plank Road, Straffordville The Committee of Adjustment for the Municipality of Bayham met on March 21,2013 at the Municipal Council Chambers at 9344 Plank Road, Straffordville to consider Minor Variance Application A-03/13 NEUFELD. Committee Members present were Paul Ens, Wayne Casier, Tom Southwick and Ed Ketchabaw. Also present were Administrator Kyle Kruger and Secretary-Treasurer Margaret Underhill. Applicant Anna Neufeld and Tony Wall were present. 1. CALL TO ORDER Secretary-Treasurer M. Underhill called the meeting to order at 6:35 p.m. 2. APPOINTMENT OF CHAIRMAN (a) Appointment 2013-005 Moved by E Ketchabaw Seconded by W Casier "THAT Paul Ens be appointed Chairman of the Committee of Adjustment for consideration of Minor Variance Application A-03/13 submitted by Pedro and Anna Neufeld." CARRIED UNANIMOUSLY 3. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None 4. APPLICATIONS) (a) Minor Variance Application A-03/13 Neufeld -Request for variance to grant relief from Section 9.7 Maximum Floor Area and Section 9.5.1 Maximum Accessory Building Height for a proposed accessory building at 54304 Eden Line in the Hamlet of North Hall. 5. STAFF PRESENTATION (a) Staff Report D2013-011 Neufeld Minor Variance A-03/13 Page 1 of 3 Council Municipality of Bayham Committee of Adjustment March 21,2013 Secretary-Treasurer M. Underhill presented Staff Report D2013-011 highlighting the purpose and effect of the minor variances. 6. PRESENTATIONS BY APPLICANT/AGENT No presentation/comments from the Applicant Anna Neufeld. 7. PUBLIC SUBMISSIONS No submissions from the public. The Secretary-Treasurer stated that no written comments were received. 8. COMMITTEE QUESTIONS AND DISCUSSION W. Casier commented that the buffering and large lot size is suitable to support an oversized accessory building as proposed. 9. DECISION OF COMMITTEE (MOTIONS) (a) Decision 2013-006 Moved by W Casier Seconded by E Ketchabaw "THAT Committee of Adjustment Secretary-Treasurer's report D2013-011 regarding the Neufeld minor variance be received; AND WHEREAS the Committee agrees that the proposed variance meets Section 45.(1) of the Planning Act and this variance is considered minor; THEREFORE the application A-03/13 submitted by Pedro and Anna Neufeld, pursuant to Section 45 of the Planning Act for a minor variance, is granted to allow: ▪ Relief from Section 9.7 Maximum Floor Area for an Accessory Building in the Hamlet Residential (HR)Zone of Zoning By-law Z456-2003 to permit an accessory building having a floor area of 193.2 m2, where 75 m2 is the maximum floor area permitted; • Relief from Section 9.5.1 Maximum Accessory Building Height in the Hamlet Residential (HR)Zone of Zoning By-law Z456-2003 to permit an accessory building height of 4.9 metres,where 4.5 metres is the maximum height permitted. CARRIED UNANIMOUSLY Page 2 of 3 Council Municipality of Bayham Committee of Adjustment March 21,2013 10. ADJOURNMENT (a) Adjournment 2013-007 Moved by E Ketchabaw Seconded by W Casier "THAT the Committee of Adjustment hearing for consideration of Minor Variance Application A-03/13 be adjourned at 6:40 p.m; AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." CARRIED UNANIMOUSLY DATE: ?13 _ 274 i Chairman S:.°Or-Treasurer Page 3 of 3 MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT Date: 21 Mar 2013 MOVED BY: 005- SECONDED BY: "THAT 4.4 c L.-trs be appointed Chairman of the Committee of Adjustment for consideration of Minor Variance Application A-03/13 submitted by Pedro and Anna Neufeld." CARRIED: //i/e1 /7/lAiDEFEATED: CIIAHt.MAN CHAIRMAN 5-5c e2[-CTr3ve Y- heen5u►n ' MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT Date: 21 Mar 2013 MOVED BY: SECONDED BY: "THAT Committee of Adjustment Secretary-Treasurer's report D2013-011 regarding the Neufeld minor variance be received; AND WHEREAS the Committee agrees that the proposed variance meets Section 45.(1)of the Planning Act and this variance is considered minor; THEREFORE the application A-03/13 submitted by Pedro and Anna Neufeld,pursuant to Section 45 of the Planning Act for a minor variance,is granted to allow: • Relief from Section 9.7 Maximum Floor Area for an Accessory Building in the Hamlet Residential(HR) Zone of Zoning By-law Z456-2003 to permit an accessory building having a floor area of 193.2 m2,where 75 m2 is the maximum floor area permitted; ▪ Relief from Section 9.5.1 Maximum Accessory Building Height in the Hamlet Residential(HR)Zone of Zoning By-law Z456-2003 to permit an accessory building height of 4.9 metres,where 4.5 metres is the maximum height permitted. CARRIED: DEFEATED: CHAIRMAN CHAIRMAN MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT Date: 21 Mar 2013 MOVED BY: oo 7 SECONDED BY: / .}. "THAT the Committee of Adjustment hearing for consideration of Minor Variance Application A-03/13 be adjourned at (p (o p.m; AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." CARRIED: DEFEATED: CHirl2MAN CHAIRMAN MUNICIPALITY OF BAYHAM COMMITTEE OF ADJUSTMENT MINUTES Thursday,February 7,2013 6:30 PM 9344 Plank Road,Straffordville The Committee of Adjustment for the Municipality of Bayham met on February 7,2013 at the Municipal Council Chambers at 9344 Plank Road, Straffordville to consider Minor Variance Applications A-01/13 and A-02/13. Committee Members present were Paul Ens, Tom Southwick,Wayne Casier and Ed Ketchabaw. Also present were Municipal Administrator Kyle Kruger and Secretary-Treasurer Margaret Underhill. 1. CALL TO ORDER The Secretary-Treasurer called the meeting to order at 6:30pm. 2. APPOINTMENT OF CHAIRMAN (a) Appointment 2013 -001 Moved by W Casier Seconded by T Southwick "THAT Paul Ens be appointed Chairman of the Committee of Adjustment for consideration of Minor Variance applications A-01/13 and A-02/13 submitted by Frank and Anna Enns." CARRIED UNANIMOUSLY 3. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None 4. APPLICATION{S) (a) Minor Variance Application A-01/13 Enns -Request for variance to grant relief from Section 10.3 Minimum Lot Area, Section 10.4 Minimum Lot Frontage and Section 10.9 Minimum Side Yard on lands located at 42A&42B Fulton Street,Vienna. (b) Minor Variance Application A-02/13 Enns-Request for variance to grant relief from Section 9.7 Maximum Floor Area for an Accessory Building and Section 9.5.1 Maximum Accessory Building Height for a vacant property located on Lot 1 Concession 4, east side of Richmond Road,north of Calton Line in the Hamlet of Calton. Page 1 of 4 Municipality of Bayham Committee of Adjustment February 07, 2013 5. STAFF PRESENTATION (a) Staff Report D2013-002 Enns Minor Variance A-01/13 Secretary-Treasurer M. Underhill presented Staff Report D2013-002 highlighting the purpose and effect of the minor variance noting the minor variance is a condition of Consent E84/12. (b) Staff Report D2013-003 Enns Minor Variance A-02/13 Secretary-Treasurer M. Underhill presented Staff Report D2013-003 highlighting the purpose and effect of the minor variance and the site-specific nature of the subject lands. 6. PRESENTATIONS BY APPLICANT/AGENT (a) A-01/13 Enns-no comments or presentation by the applicants. (b) A-02/13 Enns-no comments or presentation by the applicants. 7. PUBLIC SUBMISSIONS No public submissions on applications A-01/13 and A-02/13 8. COMMITTEE QUESTIONS AND DISCUSSION No committee member questions on A-01/13 and A-02/13 9. DECISION OF COMMITTEE (MOTIONS) (a) Decision 2013-002 Moved by T Southwick Seconded by W Casier "THAT Committee of Adjustment Secretary-Treasurer's report D2013-002 regarding the Enns minor variance be received; AND WHEREAS the Committee agrees that the proposed variance meets Section 45.(1) of the Planning Act and this variance is considered minor; THEREFORE the application A-01/13 submitted by Frank and Anna Enns, pursuant to Section 45 of the Planning Act for a minor variance and to satisfy the condition of Consent Application E84/12 for the purpose of separating an existing semi-detached dwelling,is granted to allow: • Relief from Section 10.3 Minimum Lot Area in the Village Residential(R1) Zone of Zoning By-law No. Z456-2003 to permit a reduced lot area of 532.3 m2,where minimum 800 m2 is required Page 2 of 4 Municipality of Bayham Committee of Adjustment February 07,2013 ▪ Relief from Section 10.4 Minimum Lot Frontage in the Village Residential (R1) Zone of Zoning By-law No. Z456-2003 to permit a reduced lot frontage of 14.01 metres,where 20 metres is required • Relief from Section 10.9 Minimum Side Yard in the Village Residential(R1) Zone of Zoning By-law No.Z456-2003 to permit a reduced interior side yard depth of 0.0 metres,where 1.7 metres is required. CARRIED UNANIMOUSLY (b) Decision 2013-003 Moved by W Casier Seconded by T Southwick "THAT Committee of Adjustment Secretary-Treasurer's report D2013-003 regarding the Enns minor variance be received; AND WHEREAS the Committee agrees that the proposed variance meets Section 45.(1) of the Planning Act and this variance is considered minor; THEREFORE the application A-02/13 submitted by Frank and Anna Enns, pursuant to Section 45 of the Planning Act for a minor variance,is granted to allow: ▪ Relief from Section 9.7 Maximum Floor Area for an Accessory Building in the Hamlet Residential(HR)Zone of Zoning By-law No.Z456-2003 to permit an accessory building having a floor area of 112 m2,where maximum 75 m2 is permitted • Relief from Section 9.5.1 Maximum Accessory Building Height in the Hamlet Residential(HR) Zone of Zoning By-law Z456-2003 to permit an accessory building height of 4.88 metres,where maximum 4.5 metres is permitted. CARRIED UNANIMOUSLY 10. ADJOURNMENT (a) Adjournment 2013-004 Moved by T Southwick Seconded by W Casier "THAT the Committee of Adjustment hearing for consideration of Minor Variance Applications A-01/13 and A-02/13 be adjourned at 6:40 p.m.; Page 3 of 4 Municipality of Bayham Committee of Adjustment February 07, 2013 AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." CARRIED UNANIMOUSLY DATE: .J a//3 LAA fto ` .� Cha an S cret. y-Treasurer Page 4 of 4 MUNICIPALITY OF BAYHAM ( ()%' ) RESOLUTION OF COMMITTEE OF ADJUSTMENT Date: 07 Feb 2013 MOVED BY: SECONDED BY: (.9;77,-, /127/ — "THATbe appointed Chairman of the Committee of Adjustment for consideration of Minor Variance applications A-01/13 and A-02/13 submitted by Frank and Anna Enns." CARRIED: F �� DEFEATED: CHAIRMAN cre'�TRrCY- 7;<e-14 So E1• MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT q Date: 07 Feb 2013 MOVED BY: (rf — 0G SECONDED BY: / r' � "THAT Committee of Adjustment Secretary-Treasurer's report D2013-002 regarding the Enns minor variance be received; AND WHEREAS the Committee agrees that the proposed variance meets Section 45.(1) of the Planning Act and this variance is considered minor; THEREFORE the application A-01/13 submitted by Frank and Anna Enns,pursuant to Section 45 of the Planning Act for a minor variance and to satisfy the condition of Consent Application E84/12 for the purpose of separating an existing semi-detached dwelling, is granted to allow: • Relief from Section 10.3 Minimum Lot Area in the Village Residential(R1)Zone of Zoning By-law No. Z456- 2003 to permit a reduced lot area of 532.3 m2, where minimum 800 m2 is required . Relief from Section 10.4 Minimum Lot Frontage in the Village Residential (R1)Zone of Zoning By-law No. Z456-2003 to permit a reduced lot frontage of 14.01 metres, where 20 metres is required . Relief from Section 10.9 Minimum Side Yard in the Village Residential(R1)Zone of Zoning By-law No. Z456-2003 to permit a reduced interior side yard depth of 0.0 metres, where 1.7 metres is required. CARRIED: DEFEATED: CHAIRMAN CHAIRMAN MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT CTIOh ') Date: 07 Fcb 2013 MOVED BY: E,4---9 003 SECONDED BY: /0,-.7,7 "THAT Committee of Adjustment Secretary-Treasurer's report D2013-003 regarding the Enns minor variance be received; AND WHEREAS the Committee agrees that the proposed variance meets Section 45.(1) of the Planning Act and this variance is considered minor; THEREFORE the application A-02/13 submitted by Frank and Anna Enns,pursuant to Section 45 of the Planning Act for a minor variance,is granted to allow: • Relief from Section 9.7 Maximum Floor Area for an Accessory Building in the Hamlet Residential (HR) Zone of Zoning By-law No. Z456-2003 to permit an accessory building having a floor area of 112 m2,where maximum 75 m2 is permitted • Relief from Section 9.5.1 Maximum Accessory Building Height in the Hamlet Residential(HR) Zone of Zoning By-law Z456-2003 to permit an accessory building height of 4.88 metres,where maximum 4.5 metres is permitted. CARRIED: Log,, DEFEATED: CHAIRMAN CHAIRMAN MUNICIPALITY OF BAYHAM CZ) RESOLUTION OF COMMITTEE OF ADJUSTMENT Dp Date: 07 Feb 2013 MOVED BY: 1:01,1 J . y SECONDED BY: 64—.9 . - "THAT the Committee of Adjustment hearing for consideration of Minor Variance Applications A-01/13 and A- 02/13 be adjourned at CO!VD p.m.; AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." CARRIED: PLA-120 DEFEATED: CHAIRMAN CHAIRMAN