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Home My WebLink AboutJune 07, 2012 - Planning - Klassen MUNICIPALITY OF BAYHAM COMMITTEE OF ADJUSTMENT MINUTES Thursday,June 7,2012 6:30 PM 9344 Plank Road, Straffordville The Committee of Adjustment for the Municipality of Bayham met on June 7, 2012 at the Municipal Council Chambers at 9344 Plank Road, Straffordville to consider Minor Variance Application A-03/12 Klassen. Committee Members present were Paul Ens, Mark Taylor, Tom Southwick, Wayne Casier and Ed Ketchabaw. Also present were Administrator Kyle Kruger and Secretary-Treasurer Margaret Underhill. 1. CALL TO ORDER (a) The Secretary-Treasurer M. Underhill called the meeting to order at 6:30pm. 2. APPOINTMENT OF CHAIRMAN (a) Appointment 2012-21 Moved by W. Casier Seconded by M. Taylor "THAT Paul Ens be appointed Chairman of the Committee of Adjustment for consideration of Application A-03/12 submitted by David and Elisabeth Klassen." CARRIED UNANIMOUSLY 3. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None 4. APPLICATION(S) (a) Minor Variance Application A-03/12 Klassen - Request for variance to grant relief from Section 29.1 Permitted Uses, site specific zoning by-law amendments for defined time periods on lands located at South Part Lot 25 Concession South Gore at 7363 Coyle Road. 5. STAFF PRESENTATION (a) Staff Report D2012-19 Klassen Minor Variance A-03/12 Municipality of Bayha.0 Committee of Adjustment June 07, 20i2 The Secretary-Treasurer presented Staff Report D2012-19 stating the minor variance would be conditional upon a development agreement for the supplementary farm dwelling. 6. PRESENTATIONS BY APPLICANT/AGENT None- Applicant/agent not present. 7. PUBLIC SUBMISSIONS None S. COMMITTEE QUESTIONS AND DISCUSSION None 9. DECISION OF COMMITTEE (MOTIONS) (a) Decision 2012-22 Moved by T. Southwick Seconded by W. Casier "THAT Committee of Adjustment Secretary-Treasurer's report D2012-19 regarding the Kiassen 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-03/12) submitted by David and Elisabeth Klassen,pursuant to Section 45 of the Planning Act for a minor variance,is granted to allow: •Relief from Section 29.1 Permitted Uses,site specific zoning by-law amendments for defined time periods, Zoning By-law Z456-2003 to permit permitted use of a supplementary farm dwelling on property located at 7363 Coyle Road Condition: Subject to a Development Agreement CARRIED UNANIMOUSLY 10. ADJOURNMENT (a) Adjournment 2012-23 Moved by W. Casier Seconded by T. Southwick "THAT the Committee of Adjustment hearing for consideration of Minor Variance Application A-03112 be adjourned at 6:37 p.m.; Municipality of Bayha1ii Committee of Adjustment June 07, 201z AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." CARRIED UNANIMOUSLY DATE: cej& / airman Sec r tart' reasurer MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT Date: 07 Jun 2012 MOVED BY: f,p SECONDED B : "THAT A.G 6#010-s-s be appointed Chairman of the Committee of Adjustment for consideration of Application A-03/12 submitted by David and Elisabeth Klassen." '•J/t�/7/t ✓ ' CARRIED. ! DEFEATED: �d CHAIRMAN MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT Date: 07 Jun 2012 MOVED BY: 79'7 SECONDED BY: L(_}`' ��--- "THAT Committee of Adjustment Secretary-Treasurer's report D2012-19 regarding the Klassen 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-03/12) submitted by David and Elisabeth Klassen,pursuant to Section 45 of the Planning Act for a minor variance,is granted to allow: •Relief from Section 29.1 Permitted Uses,site specific zoning by-law amendments for defined time periods,Zoning By-law Z456-2003 to permit permitted use of a supplementary farm dwelling on property located at 7363 Coyle Road Condition: Subject to a Development Agreement f' CARRIED: at/ DEFEATED: CHAIRMAN CHAIRMAN MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT Date: 07 Jun 2012 MOVED BY: SECONDED BY: 7- , "THAT the Committee of Adjustment hearing for consideration of Minor Variance Application A-03/12 be adjourned at &: "-7 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,April 19,2012 6:30 PM 9344 Plank Road, Straffordville The Committee of Adjustment for the Municipality of Bayham met on April 19,2012 at the Municipal Council Chambers at 9344 Plank Road, Straffordville to consider Minor Variance Applications A-01/12 Wizniak and A-02/12 Tesselaar. Committee Members present were Paul Ens, Mark Taylor,Tom Southwick and Wayne Casier. Absent: 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 6:31pm. 2. APPOINTMENT OF CHAIRMAN (a) Appointment 2012-17 Moved by W. Casier Seconded by T. Southwick "THAT Paul Ens be appointed Chairman of the Committee of Adjustment for consideration of Application A-01/12 submitted by John Wizniak and Application A-02/12 submitted by John &Rita Tesselaar." CARRIED UNANIMOUSLY 3. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None 4. APPLICATIONS) (a) Minor Variance Application A-01/12 Wizniak-Request for variance to grant relief from Section 29.1 Permitted Uses, site specific zoning by-law amendments for defined time periods on lands located at south Part Lot 25 Concession 5 at 57822 Calton Line. (b) Minor Variance Application A-02/12 Tesselaar-Request for variance to grant relief from Section 9.5.1 Maximum Accessory Building Height and Section 9.7 Maximum Floor Area for an Accessory Building of the Hamlet Residential Zone (HR)on lands at 54733 Eden Line,Hamlet of North Hall. Page 1 of 4 Council Municipality of Bayham Committee of Adjustment April 19, 2012 5. STAFF PRESENTATION (a) Staff Report D2012-08 Minor Variance WIZNIAK A-01/12 Secretary-Treasurer M. Underhill presented Staff Report D2012-08 highlighting the minor variance is subject to a development agreement coming forward in the regular meeting the same evening. She explained that the Minor Variance and Development Agreement are required as per Official Plan Section 2.1.10 pertaining to supplementary farm dwellings. She also noted that no written comments or objections had been received. (b) Staff Report D2012-09 Minor Variance TESSELAAR A-02/12 Secretary-Treasurer M. Underhill presented Staff Report D2012-09 highlighting the variances for maximum height and maximum floor area for the proposed construction of a personal workshop on the Hamlet Residential property. She explained the variances were considered minor in nature and recommended approval. She noted that no written comments or objections had been received. 6. PRESENTATIONS BY APPLICANT/AGENT (a) Wizniak None (b) Tesselaar None 7. PUBLIC SUBMISSIONS (a) Wizniak None (b) TesseIaar None 8. COMMITTEE OUESTIONS AND DISCUSSION (a) Wizniak Chairman Ens questioned as to the length of time the supplementary farm dwelling is occupied. The Applicant responded by saying the occupancy is from April through to the end of October/early November. (b) Tesselaar None 9. DECISION OF COMMITTEE (MOTIONS) Page 2 of 4 Council Municipality of Bayham Committee of Adjustment April 19, 2012 (a) Decisions 2012-18 Moved by T. Southwick Seconded by M.Taylor "THAT Committee of Adjustment Secretary-Treasurer's report D2012-08 be received; AND WHEREAS the Committee agrees that the proposed variance meets Section 45.(1)of the Planning Act and Council adopted Official Plan Policy 2.1.10 pertaining to supplementary farm dwellings; AND WHEREAS the Committee considers the variance minor in nature and maintains the general intent and purpose of the Official Plan and Zoning By- law; AND THEREFORE the application A-01/12 submitted by John Wizniak pursuant to Section 45 of the Planning Act for a minor variance is granted to allow: • Relief from Section 29.1 Permitted Uses, site specific zoning by-law amendments for defined time periods in Zoning By-law Z456-2003 to allow the permitted use of a supplementary farm dwelling located at 57822 Calton Line subject to: 1. Development Agreement with the municipality CARRIED UNANIMOUSLY 2012-19 Moved by W. Casier Seconded by T. Southwick "THAT Committee of Adjustment Secretary-Treasurer's report D2012-09 be received; AND WHEREAS the Committee agrees that the proposed variance meets Section 45.(1) of the Planning Act; AND WHEREAS the Committee considers the variance minor in nature and maintains the general intent and purpose of the Official Plan and Zoning By- law; Page 3 of 4 Council Municipality of Bayham Committee of Adjustment April 19, 2012 AND THEREFORE the application A-02/12 submitted by John and Rita Tesselaar pursuant to Section 45 of the Planning Act for a minor variance is granted to allow: • Relief from Section 9.5.1 -Maximum Accessory Building Height in the Hamlet Residential (HR)Zone of Zoning By-law No. Z456-2003 to permit an accessory use building with a maximum building height of 4.9 metres where 4.5 metres is permitted • 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 use building with a maximum floor area of 89.5 m2 where 75 m2 is permitted. CARRIED UNANIMOUSLY 10. ADJOURNMENT (a) Adjournment 2012-20 Moved by M. Taylor Seconded by W. Casier "THAT the Committee of Adjustment hearing for consideration of Minor Variance Applications A-01/12 and A-02/12 be adjourned at 6:44 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: `/ /Of a-AJK(iff /1' 1/ - hairman S ret: a -Treasurer Page 4 of 4 MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT Date: 19 Apr 2012 MOVED BY: 0/0la — �`7 SECONDED BY: � '7 h "THAT 1 L L""�..�a r be appointed Chairman of the Committee of Adjustment for consideration of Application A-01112 submitted by John Wizniak and Application A-02/12 submitted by John & Rita Tesselaar." CARRIED: //DEFEATED: effkatsibkN CHAIRMAN �Ecr2 T. Y--i2&-74Stt6,2 MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT Date: 19 Apr 2012 MOVED BY: -' (o/g — /g SECONDED BY:C:': "G+5:/� "THAT Committee of Adjustment Secretary-Treasurer's report D2012-08 be received; AND WHEREAS the Committee agrees that the proposed variance meets Section 45.(1)of the Planning Act and Council adopted Official Plan Policy 2.1.10 pertaining to supplementary farm dwellings; AND WHEREAS the Committee considers the variance minor in nature and maintains the general intent and purpose of the Official Plan and Zoning By-law; AND THEREFORE the application A-01/12 submitted by John Wizniak pursuant to Section 45 of the Planning Act for a minor variance is granted to allow: • Relief from Section 29.1 Permitted Uses, site specific zoning by-law amendments for defined time periods in Zoning By-law 2456-2003 to allow the permitted use of a supplementary farm dwelling located at 57822 Calton Line subject to: 1. Development Agreement with the municipality CARRIED: t/e4 DEFEATED: CHAIRMAN CHAIRMAN MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT Date: 19 Apr 2012 MOVED BY: 020020/d-o� - SECONDED BY: 7J r "THAT Committee of Adjustment Secretary-Treasurer's report D2012-09 be received; AND WHEREAS the Committee agrees that the proposed variance meets Section 45.(1) of the Planning Act; AND WHEREAS the Committee considers the variance minor in nature and maintains the general intent and purpose of the Official Plan and Zoning By-law; AND THEREFORE the application A-02/12 submitted by John and Rita Tesselaai pursuant to Section 45 of the Planning Act for a minor variance is granted to allow: . Relief from Section 9.5.1 -Maximum Accessory Buidling Height in the Hamlet Residential (HR) Zone of Zoning By-law No. Z456-2003 to permit an accessory use buildng with a maximum building height of 4.9 metres where 4.5 metres is permitted . 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 use building with a maximum floor area of 89.5 m2 where 75 m2 is permitted. 2-7 � CARRIED: CJI DEFEATED: CHAIRMAN CHAIRMAN MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT ,.. 4 s? � „%`r 7,7E, Date: 19 Apr 2012 MOVED BY: f - r 41/ e -- —~� SECONDED BY: ' "THAT the Committee of Adjustment hearing for consideration of Minor Variance Applications A-01/12 and A- 02/12 be adjourned at (.p,°Yrpm; AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." 2 CARRIED: 1."1,774.v} DEFEATED: CHAIRMAN CHAIRMAN