Loading...
HomeMy WebLinkAboutAugust 04, 2011 - Planning - B&S Crevits Farms Ltd. MUNICIPALITY OF BAYHAM COMMITTEE OF ADJUSTMENT MINUTES Thursday,August 4,2011 6:30 PM 9344 Plank Road, Straffordville The Committee of Adjustment for the Municipality of Bayham met on August 4, 2011 at the Municipal Council Chambers at 9344 Plank Road, Straffordville to consider Minor Variance Application A-05/11. 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 Secretary-Treasurer M. Underhill called the meeting to order at 6:34pm 2. APPOINTMENT OF CHAIRMAN (a) Appointment 2011-14 Moved by W. Casier Seconded by E.Ketchabaw "THAT Paul Ens be appointed Chairman of the Committee of Adjustment for consideration of Application A-05/11 submitted by B& S Crevits Farms Ltd." CARRIED UNANIMOUSLY 3. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None 4. APPLICATION(S) (a)Minor Variance Application A-05/11 B & S Crevits Farms Ltd. -Request for variance to grant relief from Section 29.1 -Permitted Uses of the Zoning By-law Z456- 2003 on lands located in the Agriculture (Al-A)Zone at 57575 Light Line. 5. STAFF PRESENTATION (a) Staff Report D2011-33 Minor Variance CREVITS A-05/11 Secretary-Treasurer M. Underhill presented Staff Report D2011-33 highlighting the minor variance is subject to a development agreement coming forward at the next regular Council meeting for consideration. She explained that the Minor Variance and Development Agreement are a result of the Council approved Official Plan Page 1 of 3 Council Municipality of Bayham Committee of Adjustment August 04, 2011 policies pertaining to supplementary farm dwellings. She also noted that no written comments or objections had been received. 6. PRESENTATIONS BY APPLICANT/AGENT B.Crevits was present with no further comment. 7. PUBLIC SUBMISSIONS No public submissions. 8. COMMITTEE QUESTIONS AND DISCUSSION Committee members asked questions regarding the contents of the forthcoming development agreement and was informed by the Secretary-Treasurer that the agreement will include specifications pertaining to location, maximum floor area,number of employees to be housed, duration of use and criteria for the removal of the second supplementary farm dwelling. 9. DECISION OF COMMITTEE (MOTIONS) (a) Decision 2011-15 Moved by W. Casier Seconded by E. Ketchabaw "THAT Committee of Adjustment Secretary-Treasurer's report 02011-33 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- Iaw; THEREFORE the application (A-05/11) submitted by B & S Crevits Farms Ltd.,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 second supplementary farm dwelling in the existing barn at 57575 Light Line subject to: 1.Condition: owners enter in to a Development Agreement with the Municipality of Bayham" CARRIED UNANIMOUSLY Page 2 of 3 Council Municipality of Bayham Committee of Adjustment August 04, 2011 10. ADJOURNMENT (a) Adjournment 2011-16 Moved by E. Ketchabaw Seconded by W. Casier "THAT the Committee of Adjustment hearing for consideration of Application A-05/11 be adjourned at 6:47 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: ,( /ff? 00/7 hairman Se e • v -Treasurer Page 3 of 3 MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT (a) Date: 04 Aug 2011 MOVED BY: /::/-1- SECONDED BY: "THAT44" 67-05 be appointed Chairman of the Committee of Adjustment for consideration of Application A-05111 submitted by B & S Crevits Farms Ltd." CARRIED: ". . EFEATED: CHAIRMAN MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT 9 (Gk- Date: 04Aug 2011 MOVED BY: -7c)�/ CJ „- SECONDED BY: "THAT Committee of Adjustment Secretary-Treasurer's report D2011-33 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; THEREFORE the application (A-05111) submitted by B & S Crevits Farms Ltd.,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 second supplementary farm dwelling in the existing barn at 57575 Light Line subject to: 1. Condition: owners enter in to a Development Agreement with the Municipality of Bayham" CARRIED: DEFEATED: '`' CHAIRMAN CHAIRMAN MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT D (a) Date: 04 Aug 2011 MOVED BY: SECONDED BY: "THAT the Committee of Adjustment hearing for consideration of Application A-05/11 be adjourned at 6'.1/7 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,July 21, 2011 6:30 PM 9344 Plank Road, Straffordville The Committee of Adjustment for the Municipality of Bayham met on July 21, 2011 at the Municipal Council Chambers at 9344 Plank Road, Straffordville to consider Minor Variance Application A-07/11 Guetter. 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 Secretary-Treasurer M. Underhill called the meeting to order at 6:30pm. 2. APPOINTMENT OF CHAIRMAN (a) Appointment 2011-11 Moved by E Ketchabaw Seconded by W Casier "THAT Paul Ens be appointed Chairman of the Committee of Adjustment for consideration of Application A-07/11 submitted by Anita J. Guetter." CARRIED UNANIMOUSLY 3. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None 4. APPLICATION(S) (a)Minor Variance Application A-07111 GUETTER-Request for variance to grant relief from Section 10.3 - Minimum Lot Area and Section 10.5 -Minimum Lot Depth of the Village Residential Zone(R1) at 9 Strachan Street, Port Burwell. 5. STAFF PRESENTATION (a) Staff Report D2011-28 Minor Variance GUETTER A-07111 Secretary-Treasurer M. Underhill presented Staff Report D2011-28 and noted written objection letters had been received since the agenda circulation. She noted that email comments were received on July 19, 2011 from Honor& Rick Wassing, adjacent neighbours, and on July 21,2011 from Shereen Hetherington, adjacent neighbour. Page 1 of 4 Council Municipality of Bayham Committee of Adjustment Page 2 July 21, 2011 The written objections were circulated to Committee members by email and written copy, respectively, for consideration. 6. PRESENTATIONS BY APPLICANT/AGENT (a) Applicant Presentation No comments from Gil Guetter, agent for the Applicant. 7. PUBLIC SUBMISSIONS (a) Public Presentations Honor Wassing,resident of 29 Brock Street, expressed to the Committee her opposition to the granting of the minor variance. She noted she submitted written comments on July 19,2011, as noted by the Secretary-Treasurer. Mrs. Wassing explained that a 20%reduction cannot be considered minor,the subject lands being split would create crowding in this area, a portion of the subject lands is low grade and cannot be built on, the difference in elevations between her property and the subject lands causes flooding on her property. She added that her property is extremely small but was created 30 years ago and the creation of small lots like hers should not be allowed as per today's regulations. Mrs. Wassing requested the Committee refuse the application. Sherry(Shereen)Hetherington, resident of 27 Brock Street, expressed to the Committee her opposition to the granting of the minor variance. She noted she submitted emailed comments just before the meeting on July 21,2011. She explained that she didn't know about the application until a couple of days ago and asked if people can split land like this without notice. She added the subject lands are not looked after properly with high weeds and debris presently and argued that two more houses will create more population in that corner area causing more traffic and parking conjestion. Ms. Hetherington requested the Committee refuse the application. Rick Wassing, resident of 29 Brock Street, expressed his concerns to the Committee. He stated that drainage issues exist and he's spent five years on his property making improvements, such as terracing the property,to encourage the surface water to drain away from his property. He suggested the new home across the street will cause drainage problems for his property and that the driveway was installed improperly causing water flooding at this corner area. He added that he doesn't care if two high rises go in but just to look after the drainage problem and address the grading issue. S. COMMITTEE QUESTIONS AND DISCUSSION A Committee member raised the question of severance and staff clarified that the Committee was not approving a severance at this time and the Applicant had chosen to pursue the minor variance first. Staff further stated the Applicant can approach this in either of two ways being an application for consent and to include the condition for minor Page 2 of 4 Council Municipality of Bayham Committee of Adjustment Page 3 July 21,2011 variance or application for minor variance to be followed by an application for consent meaning either way a minor variance is required to satisfy the consent requirements. Committee members raised concerns regarding the increased density in this area, whether the potential second lot will create more drainage problems for the corner of Brock and Strachan Streets, circulation requirements of minor variance and consent applications, as well as,the order of considering planning applications. Mr. Guetter addressed the questions of increased density by stating he intended to sever the parcel in to two pieces, each of which are considerably larger than the majority of parcels surrounding his. He added that the drainage concerns have been there for years and feels they can be addressed with assistance from the municipality and works done at the intersection of Brock and Strachan Streets. Secretary-Treasurer addressed the circulation questions by stating the Planning Act requires notification of the minor variance application in either of two ways being the circulation to the neighbours and posting at the property or advertising in the local newspaper a minimum of 10 days prior to the meeting. She further explained the County of Elgin Land Division Committee is responsible for the circulation of consent applications to surrounding property owners as per the Planning Act requirements. General consensus of the Committee was the application was premature,the minor variance could not be considered with the outstanding drainage concerns and it would be more appropriate to consider a consent application before the minor variance. 9. DECISION OF COMMITTEE (MOTIONS) (a) Decision 2011-12 Moved by T Southwick Seconded by E Ketchabaw "THAT the Committee of Adjustment for the Municipality of Bayham considers Minor Variance Application A-07/11 submitted by Anita J. Guetter to be premature; AND THAT the application be deferred." CARRIED UNANIMOUSLY 10. ADJOURNMENT (a) Adjournment 2011-13 Moved by W Casier Seconded by E Ketchabaw Page 3 of 4 Council Municipality of Bayham Committee of Adjustment Page 4 July 21,2011 "THAT the Committee of Adjustment Hearing for consideration of Application A-07/11 be adjourned at 7:20 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: 4.4gJJ - '4' �' 7 f � Y ' •irman Sec--t -Treasurer Page 4 of 4 MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT Date: 21 Jul 2011 MOVED BY: _,07 // SECONDED BY: "THAT ,Liu be appointed Chairman of the Committee of Adjustment for consideration of Application A-07/11 submitted by Anita J. Guetter." CARRIED: / DEFEATED: �� Jca CHAIRMAN MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT gGI. Date: 21 Jul2011 g0// MOVED BY: SECONDED BY: "THAT the Committee of Adjustment for the Municipality of Bayham considers Minor Variance Application A-07/11 submitted by Anita J. Guetter to be premature; AND THAT the application be deferred." 41, CARRIED . _ DEFEATED fi f CHAIRMAN CHAIRMAN MUNICIPALITY OF BAYHAM h a� RESOLUTION OF COMMITTEE OF ADJUSTMENT I (. Date: 21 Jul 2011 MOVED BY: SECONDED BY: , "THAT the Committee of Adjustment Hearing for consideration of Application A-07/11 be adjourned at__ p.m.; AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." 4/1( CARRIED: DEFEATED: CHAIRMAN CHAIRMAN MUNICIPALITY OF BAYHAM COMMITTEE OF ADJUSTMENT MINUTES Thursday,May 5,2011 6:30 PM 9344 Plank Road,Straffordville The Committee of Adjustment for the Municipality of Bayham met on May 5,2011 at the Municipal Council Chambers at 9344 Plank Road, Straffordville to consider Minor Variance Application A-04/11. Committee Members present were Paul Ens,Mark Taylor,Tom Southwick,Wayne Casier and Ed Ketchabaw. Also present was Acting Secretary-Treasurer Kyle Kruger. 1. CALL TO ORDER Acting Secretary-Treasurer Kyle Kruger called the meeting to order at 6:30pm. 2. APPOINTMENT OF CHAIRMAN AND ACTING SECRETARY-TREASURER ((a) Appointments 2011-08 Moved by W Casier Seconded by T Southwick "THAT Kyle Kruger be appointed Acting Secretary-Treasurer and Paul Ens be appointed Chairman of the Committee of Adjustment for consideration of Application A-04/11 submitted by Brian and Jeanette Hiemstra." CARRIED UNANIMOUSLY 3. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None 4. APPLICATION( (a)Minor Variance Application A-04/11 HIEMSTRA-Request for variance to grant relief from Section 4A-Minimum Lot Area, Section 21.7 -Minimum Side Yard Width and Section 21.8 -Minimum Rear Yard Depth of the Zoning By-law Z456-2003 on lands located in the Rural Industrial(M2)Zone at 53930 Eden Line. 5. STAFF PRESENTATION ((a) Staff Report D2011-017 Minor Variance HIEMSTRA A-04/11 Page 1 of 3 Council Municipality of Bayham Committee of Adjustment May 05,2011 Staff reviewed the report and noted additional information received from Mr.Roe, agent for the applicant, dated May 4,2011. The additional information was circulated to Committee members for consideration. 6. PRESENTATIONS BY APPLICANT/AGENT Mr. David Roe was in attendance representing the applicant. Mr.Roe outlined the historical activities for the property establishing the current industrial use. He further reviewed the intended use of the building as outlined in his May 4,2011 correspondence. 7. PUBLIC SUBMISSIONS No one from the public was in attendance regarding the application. Staff also noted that no correspondence has been received either in opposition to or support of the application. 8. COMMITTEE QUESTIONS AND DISCUSSION Committee members raised questions regarding the difference between use as a showroom and as storage. Mr.Roe stated the showroom use would be only for small numbers of representative furniture and not generally units for sale. The primary use would be storage. 9. DECISION OF COMMITTEE (MOTIONSI ((a) Decision 2011-09 Moved by T Southwick Seconded by E Ketchabaw "THAT Committee of Adjustment Secretary-Treasurer's report D2011-17 be received; AND WHEREAS the Committee agrees that the minor variances meet Section 45.(1) of the Planning Act to qualify as minor variances; THEREFORE Application A-04/11 submitted by Brian and Jeanette Hiemstra, pursuant to Section 45 of the Planning Act for minor variances,is granted to allow: • Relief from Section 4.4—Minimum Lot Area to allow a lot area of 4659.49 sq.m.where 4950 sq.m.is required to permit a residential accessory use within a new industrial building in the Rural Industrial(M2)Zone • Relief from Section 21.7—Minimum Side Yard Width to allow a side yard setback of 6.1 metres where 7.5 metres is required for the existing 649 sq.m. metal clad building in the Rural Industrial(M2)Zone • Relief from Section 21.8—Minimum Rear Yard Depth to allow a rear yard setback of 3.1 metres where 10 metres is required for the existing 649 sq.m. metal clad building in the Rural Industrial (M2)Zone CARRIED UNANIMOUSLY Page 2 of 3 Council Municipality of Bayham Committee of Adjustment May 05,2011 10. ADJOURNMENT ((a) Adjournment 2011-10 Moved by T Southwick Seconded by W Casier "THAT the Committee of Adjustment hearing for consideration of Application A-04/11 be adjourned at 6:53 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: /&5//9 WMP.<_ hairmanY c '+_�ecretary Treasu e� Page 3 of 3 MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT Date:05 May 2011 MOVED BY: SECONDED BY: /e7yp-7 /P:67ttat, .� "THAT Kyle Kruger be appointed Acting Secretary-Treasurer and 5414,c.. _ be appointed Chairman of the Committee of Adjustment for consideration of Application A-04111 submitted by Brian and Jeanette Hiemstra." CARRIED: DEFEATED: CHAIRMAN CHAIRMAN MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT :71 (cx-) • 7 Date: 05 May 2011 MOVED BY: ---/Pi /7,57.&,.,js 69ar/- 09 SECONDED BY: _4. ,9.r' ?1 =7 "THAT Committee of Adjustment Secretary-Treasurers report D2011-17 be received; AND WHEREAS the Committee agrees that the minor variances meet Section 45.(1)of the Planning Act to qualify as minor variances; THEREFORE Application A-04111 submitted by Brian and Jeanette Hiemstra,pursuant to Section 45 of the Planning Act for minor variances,is granted to allow: • Relief from Section 4.4-Minimum Lot Area to allow a Iot area of 4659.49 m2 where 4950 m2 is required to permit a residential accessory use within a new industrial building in the Rural Industrial(M2)Zone • Relief from Section 21.7-Minimum Side Yard Width to allow a side yard setback of 6.1 metres where 7.5 metres is required for the existing 649 m2 metal clad building in the Rural Industrial(M2)Zone • Relief from Section 21.8-Minimum Rear Yard Depth to allow a rear yard setback of 3.1 metres where 10 metres is required for the existing 649 m2 metal clad building in the Rural Industrial(M2)Zone CARRIED: DEFEATED: CHAIRMAN CHAIRMAN MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT 1 0 (a-) MOVED BY: 1 i Ar/ / Date: 05 May 2011 6o//- iv SECONDED BY: ,. /' _.. "THAT the Committee of Adjustment hearing for consideration of Application A-04/11 be adjourned at G 53 p.m AND THAT in accordance with the regulations of the Plannin!Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." 7 CARRIED: a." DEFEATED: ii/ CHAIRMAN CHAIRMAN MUNICIPALITY OF BAYIIAM COMMITTEE OF ADJUSTMENT MINUTES Thursday,March 10,2011 6:30 PM 9344 Plank Road,Straffordville The Committee of Adjustment for the Municipality of Bayham met on March 10,2011 at the Municipal Council Chambers at 9344 Plank Road, Straffordville to consider Minor Variance Applications A-02111 Penner and.A-03111 Ball. 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 Secretary-Treasurer M. Underhill called the meeting to order at 6:35 p.m. 2. APPOINTMENT OF CHAIRMAN ((a) Appointment 2011-04 Moved by W. Casier Seconded by E. Ketchabaw "THAT Paul Ens be appointed Chairman of the Committee of Adjustment for consideration of Applications No.A-02/11 submitted by Wilhelm and Isaak Penner and A-03/11 submitted by Lee and Audrey Ball." CARRIED UNANIMOUSLY 3. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None 4. APPLICATION(S) (a) Minor Variance Application A-02111 PENNER-Request for variance to grant relief from Section 10.5 -Minimum Lot Depth, Section 10.8 -Minimum Front Yard Depth and Section 10.10 -Minimum Rear Yard Depth of Zoning By-law Z456-2003 on lands located in the Village Residential(R1)Zone at 9240&9250 Old Chapel Street, Straffordville. (b)Minor Variance Application A-03/11 BALL-Request for variance to grant relief from Section 18.9-Minimum Side Yard Width of the Zoning By-law Z456-2003 on lands located in the Local Commercial(C2)Zone at 9237 Alward Street, Straffordville. Page 1 of 4 Council Municipality of Bayham Committee of Adjustment March 10,2011 5. STAFF PRESENTATION ((a) Staff Report D2011-07 Minor Variance PENNER A-02/11 Secretary-Treasurer M. Underhill presented Staff Report D2011-07 highlighting the details of the requested minor variances pointing out that the variances were required to satisfy the condition of consent application E8/11. She added that staff and the planner supported the variances and recommended the committee grant relief from the three sections of the Zoning By-law Z456-2003. ((b) Staff Report D2011-08 Minor Variance BALL A-03/11 Secretary-Treasurer M. Underhill presented Staff Report D2011-08 highlighting the details of the requested variance pointing out that the variance was required to satisfy a condition of consent application E60/10. She added that staff and the planner support the variance and recommend the committee grant relief from the applicable section of the Zoning By-law 2456-2003. 6. PRESENTATIONS BY APPLICANT/AGENT a)PENNER-None b)BALL-None 7. PUBLIC SUBMISSIONS a)PENNER-None b)BALL-None S. COMMITTEE QUESTIONS AND DISCUSSION a) PENNER-M.Taylor asked,if there are any changes to maps and the Secretary- Treasurer responded by confirming the minor variance addressed the lot depths and setbacks and no change to the mapping. b)BALL-M. Taylor asked if the mapping was affected by this minor variance and the Secretary-Treasurer confirmed the setback for the workshop was addressed and the related consent affects mapping through the survey completed on the property. 9. DECISION OF COMMITTEE (MOTIONS) ((a) Decision A-02111 2011-05 Moved by M.Taylor Seconded by W. Casier "THAT Committee of Adjustment Secretary-Treasurer's report D2011-07 be received; AND WHEREAS the Committee agrees that the minor variance meets Section 45.(1) of the Planning Act to qualify as a minor variance; Page 2 of 4 Council Municipality of Bayham Committee of Adjustment March I0,2011 THEREFORE the Application A-02/11 submitted by Wilhelm Penner and Isaak Penner,pursuant to Section 45 of the PlanninMAct for a minor variance,is granted to allow: • Relief from Section 10.5-Minimum Lot Depth to permit lot depths of 21 metres,where 45 metres is required • Relief from Section 10.8-Minimum Front Yard Depth to permit front yard setbacks of 4.6 metres,where 7.0 metres is required • Relief from Section 10.10-Minimum Rear Yard Depth to permit rear yard setbacks of 4.2 metres,where 7.0 metres is required all to allow the severance of each unit within an existing semi-detached dwelling in the Village Residential(R1)Zone." CARRIED UNANIMOUSLY ((b) Decision A-03/l 1 2011-06 Moved by W. Casier Seconded by T. Southwick "THAT Committee of Adjustment Secretary-Treasurer's report D2011-08 be received; AND WHEREAS the Committee agrees that the minor variance meets Section 45.(1)of the Planning Act to qualify as a minor variance to the regulations of the minimum side yard width and is considered minor; THEREFORE the application A-03/11 submitted by Lee and Audrey Ball, pursuant to Section 45 of the PlanninE Act for a minor variance,is granted to allow: • Relief from Section 18.9-Minimum Side Yard Width to permit the severance of lands to an adjacent commercial property that will result in the existing workshop having a Side Yard Width of 1.7 metres,where 4.5 metres is required." CARRIED UNANIMOUSLY 10. ADJOURNMENT ((a) Adjournment 2011-07 Page 3 of 4 Council Municipality of Bayham Committee of Adjustment March 10,2011 Moved by E Ketchabaw Seconded by W.Casier "THAT the Committee of Adjustment hearing for consideration of Applications A-02/11 and A-03/11 be adjourned at 6:43 pm.; AND THAT in accordance with the regulations of the Plannin:'Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." CARRIED UNANIMOUSLY DATE: 7/70(1/8.,agcy /Q66-ti / 400 Chairman ,Sectary reasurer Page 4 of 4 MUNICIPALITY OF BAYHAM 1 (CC) RESOLUTION OF COMMITTEE OF ADJUSTMENT Date: 10 Mar 2011 MOVED BY: 6L.19- ee.-4--*---, ,7O// — d SECONDED BY: .,..e7,4,:- 4,..,-- , "THAT 62:14%.z. 4 ) be appointed Chairman of the Committee of Adjustment for consideration of Applications No.A-[1'1111 submitted byWilhelm and Isaak Penner and A-03111 submitted byLeeBall." pp and Audrey //if CARRIED:` ;)// r DEFEATED: UIIAIRMAN CHAIRMAN ET►siey- --flig4Yu2672. MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT (61-) Date: 10 Mar 2011 MOVED BY: coil — " SECONDED BY: A✓r "THAT Committee of Adjustment Secretary-Treasurer's report D2011-07 be received; AND WHEREAS the Committee agrees that the minor variance meets Section 45.(1) of the Planning Act to qualify as a minor variance; THEREFORE the Application A-02111 submitted by Wilhelm Penner and Isaak Penner,pursuant to Section 45 of the Planning Act for a minor variance, is granted to allow: ▪ Relief from Section 10.5- Minimum Lot Depth to permit lot depths of 21 metres,where 45 metres is required • Relief from Section 10.8-Minimum Front Yard Depth to permit front yard setbacks of 4.6 metres,where 7.0 metres is required O Relief from Section 10.10-Minimum Rear Yard Depth to permit rear yard setbacks of 4.2 metres,where 7.0 metres is required all to allow the severance of each unit within an existing semi-detached dwelling in the Village Residential (R1) Zone." CARRIED: DEFEATED: CHAIRMAN CHAIRMAN MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT 9 63) Date: 10 Mar 2011 MOVED BY: go/ — 0 (40 SECONDED BY: 1,,&vt j24,-/4//tid "THAT Committee of Adjustment Secretary-Treasurer's report D2011-08 be received; AND WHEREAS the Committee agrees that the minor variance meets Section 45.(1) of the Planning Act to qualify as a minor variance to the regulations of the minimum side yard width and is considered minor; THEREFORE the application A-03111 submitted by Lee and Audrey Ball,pursuant to Section 45 of the Planning Act for a minor variance,is granted to allow: Relief from Section 18.9-Minimum Side Yard Width to permit the severance of lands to an adjacent commercial property that will result in the existing workshop having a Side Yard Width of 1.7 metres,where 4.5 metres is required." CARRIED: L -L DEFEATED: CHAIRMAN CHAIRMAN MUNICIPALITY OF BAYHAM O (0,) RESOLUTION OF COMMITTEE OF ADJUSTMENT Date: 10 Mar 2011 MOVED BY: b- c90// - 07 SECONDED BY: "THAT the Committee of Adjustment hearing for consideration of Applications A-02/11 and A-03111 be adjourned at G °`� _pm.; AND THAT in accordance with the regulations of the Plannink Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." CARRIED: ' DEFEATED: CHAIRMAN CHAIRMAN MUNICIPALITY OF BAYHAM COMMITTEE OF ADJUSTMENT MINUTES Thursday,February 3,2011 6:30 PM 9344 Plank Road,Straffordville The Committee of Adjustment for the Municipality of Bayham met on February 3, 2011 at the Municipal Council Chambers at 9344 Plank Road, Straffordville to consider Minor Variance Application A-01111 Peters. Committee Members present were Paul Ens,Mark Taylor,Wayne Casier and Ed Ketchabaw. Also present were Administrator Kyle Kruger and Secretary-Treasurer Margaret Underhill. Member Tom Southwick was absent. 1. CALL TO ORDER Secretary-Treasurer M. Underhill called the meeting to order at 6:35 p.m. 2. APPOINTMENT OF CHAIRMAN (a) Appointment 2011-001 Moved by W Casier Seconded by M Taylor "THAT Paul Ens be appointed Chairman of the Committee of Adjustment for consideration of Application No.A-01111 submitted by Jacob and Aganetha Peters." CARRIED UNANIMOUSLY 3. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None 4. APPLICATION(S) Minor Variance Application A-01111 PETERS-Request for variance to grant relief from Section 9.8 Minimum Front Yard Depth of Zoning By-law Z456-2003,as amended, on lands located in the Hamlet Residential(HR)Zone at 57103 Eden Line. 5. STAFF PRESENTATION (a) Staff Report D2011-03 Minor Variance-Peters Secretary-Treasurer M. Underhill presented the Staff Report explaining the purpose of the minor variance and the effect. She stated that the application complies with the Page 1 of 3 Council Municipality of Bayham Committee of Adjustment February 03,2011 four tests of the Planning Act for Minor Variances. She added the municipal planner and staff support the application and recommend to the Committee that it be granted. 6. PRESENTATIONS BY APPLICANT/AGENT Mr.Peters was in attendance and explained the circumstances surrounding the enclosure of the front porch in August 2008. He explained that family members enclosed the porch while he and Mrs. Peters were away vacationing. He added that the work was done with good intentions but he is committed to correcting the situation by seeking the minor variance and subsequently obtaining the required building permit. 7. PUBLIC SUBMISSIONS None 8. COMMITTEE OUESTIONS AND DISCUSSION W. Casier asked if the applicant requires a building permit to which the Secretary- Treasurer confirmed he does and added that discussions have already taken place with the Chief Building Official. M.Taylor stated that he appreciates the situation Mr.Peters is in and is in favour of granting the minor variance. 9. DECISION OF COMMITTEE(MOTIONS) (a) Decision 2011-002 Moved by E Ketchabaw Seconded by W Casier "THAT Committee of Adjustment Secretary-Treasurer's report D2011-03 be received; AND WHEREAS the Committee agrees with the IBI Group Memorandum dated January 28,2011,which states that the proposed variance meets Section 45.(1) of the Planning Act to qualify as a minor variance and that this variance is considered minor; THEREFORE the application A-01/11 submitted by Jacob and Aganetha Peters,pursuant to Section 45 of the Planning Act for a minor variance,is granted to allow: • Relief from Section 9.8 Minimum Front Yard Depth to permit the existing enclosed porch attached to the front of the dwelling with a setback of 5.18 metres(17')from the front lot line where 6.0 metres(19.6')is the required minimum setback for buildings from the front lot line CARRIED UNANIMOUSLY Page 2 of 3 Council Municipality of Bayham Committee of Adjustment February 03,2011 10. ADJOURNMENT (a) Adjournment 2011-003 Moved by W Casier Seconded by M Taylor "THAT the Committee of Adjustment hearing for consideration of Application No.A-01/11 be adjourned at 6:42 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: aj airman Seer. Y ry- ' easurer Page 3 of 3 MUNICIPALITY OF BAYHAM (ck-') RESOLUTION OF COMMITTEE OF ADJUSTMENT Date: 03 Feb 2011 MOVED BY: , , v° -- c)0 d SECONDED BY: / "THATel. t L.w r be appointed Chairman of the Committee of Adjustment for consideration of Application No.A-01111 submitted by Jacob and Aganetha Peters." / / CARRIE r, / ! DEFEATED: CHAIRMAN ygc,tee-rreivey- -MEPs "2 6r17- MUNICIPALITY OF BAYHAM (a) RESOLUTION OF COMMITTEE OF ADJUSTMENT Date:03 Feb 2011 MOVED BY: _.€PAr, 00� SECONDED BY: ZA,,,1„ "THAT Committee of Adjustment Secretary-Treasurer's report D2011-03 be received; AND WHEREAS the Committee agrees with the IBI Group Memorandum dated January 1,2011,which states that the proposed variance meets Section 45.(1)of the Planning Act to qualify as a minor variance and that this variance is considered minor; THEREFORE the application A-01111 submitted by Jacob and Aganetha Peters,pursuant to Section 45 of the Planning Act for a minor variance,is granted to allow: • Relief from Section 9.8 Minimum Front Yard Dep to permit the existing enclosed porch attached to the front of the dwelling with a setback of 5.18 metres (17')from the front lot line where 6.0 metres(19.6')is the required minimum setback for buildings from the front lot line r (/4 CARRIED: DEFEATED: CHAIRMAN CHAIRMAN MUNICIPALITY OF BAYHAM �a� RESOLUTION OF COMMITTEE OF ADJUSTMENT Date: 03 Feb 2011 MOVED BY: 6.-'" 4:47e_____ _ 003 SECONDED BY: -G'! "THAT the Committee of Adjustment hearing for consideration of Application No.A-01/11 be adjourned at 0 :1-la. 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: C AN CHAIRMAN MUNICIPALITY OF BAYHAM COMMITTEE OF ADJUSTMENT MINUTES Thursday,September 16,2010 6:30 PM 9344 Plank Road,Straffordville The Committee of Adjustment held a meeting on Thursday, September 16,2010 at the municipal council chambers beginning at 6:30pm. Committee Members present were Lynn Acre,CliffEvanitski,Mark Taylor,Wayne Casier and Ed Ketchabaw. Staff present were Administrator Kyle Kruger and Secretary-Treasurer Margaret Underhill. Absent: Joseph and Holly Silverthom. No public attendees were present. 1. CALL TO ORDER Secretary-Treasurer M.Underhill called the meeting to order at 6:30pm. 2. APPOINTMENT OF CHAIRMAN (a) Appointment 2010-13 Moved by W Casier Seconded by E Ketchabaw "THAT Lynn Acre be appointed Chairman of the Committee of Adjustment for consideration of Application No.A-O5/10 submitted by Joseph and Holly Silverthorn." CARRIED UNANIMOUSLY 3. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None 4. APPLICATIONS) Minor Variance Application A-05/10 Silverthorn -Request for variance to grant relief from Section 4.2-Accessory Uses, Section 4.22.1 -Minimum Setbacks from Arterial Roads(Streets)and Section 5.7 -Minimum Front Yard Depth of the Zoning By-law Z456-2003, as amended, on lands located at 58152 Heritage Line,Concession 7 Lots 135 & 136. 5. STAFF PRESENTATION (a) Secretary-Treasurer M.Underhill presented Staff Report D2010-28 outlining the three sections of the Zoning By-law affected by the variance request. She added Page 1 of 3 Council Municipality of Bayham Committee of Adjustment September 16,2010 that the County of Elgin was circulated and they do not have any concerns with the minor variance. 6. PRESENTATIONS BY APPLICANT/AGENT Applicants were not present. 7. PUBLIC SUBMISSIONS No one from the public in attendance. 8. COMMITTEE QUESTIONS AND DISCUSSION The committee was advised that Section 4.2 was in place to address property esthetics and that the main use was to be the predominant building(s)nearest to the street/road.All committee members agreedthat the owner should have inquired about the setbacks prior to the commencement of construction. They also agreed that the trees located along the frontage of the property provide an effective buffering from the county road uses. Committee consensus was that the minor variance be granted with a condition that the treed buffer be maintained as a requirement of the minor variance_ 9. DECISION OF COMMITTEE(MOTIONS) (a) Decision 2010-14 Moved by W Casier Seconded by E Ketchabaw "THAT Committee of Adjustment Secretary-Treasurer's report D2010-28 be received; AND WHEREAS the Committee agrees with the IBI Group Memorandum dated August 20,2010,which states that the proposed variance meets Section 45.(1)of the Planning Act to qualify as a minor variance and that this variance is considered minor; THEREFORE the application A-05/10 submitted by Joseph and Holly Silverthorn,pursuant to Section 45 of the Planning Act for a minor variance,is granted to allow: Relief from Section 4.2-Accessory Uses to permit the subject building to be located closer to the front lot line than the minimum distance required for the main building on the lot • Relief from Section 4.22.1 -Minimum Setbacks from Arterial Roads (Streets)to permit a setback of 21.9 metres(72')from centreline of a county road where 25 metres(82')is required by zoning by-law • Relief from Section 5.7-Minimum Front Yard Depth to permit a setback of 7.6 metres(24.9')where 15 metres(49')is required by zoning by-law." Page 2 of 3 Council Municipality of Bayham Committee of Adjustment September 16, 2010 • Subject to condition: Trees along Heritage Line providing a buffer are to be maintained to continue as required CARRIED UNANIMOUSLY 10. ADJOURNMENT (a) Adjournment 2010-15 Moved by E Ketchabaw Seconded by W Casier "THAT the Committee of Adjustment hearing for consideration of Application No.A-05/10 be adjourned at 6:48pm; AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be circulated by the Secretary Treasurer accordingly." CARRIED UNANIMOUSLY DATE: jd° 6CV . ' h Sec'-tary reasurer Page 3 of 3 MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT 6(---1— ----- Date: 16 Sep 2010—/3MOVED BY: SECONDED BY: r, C �a- "THAT --yh n ilC,E'cf be appointed Chairman of the Committee of Adjustment for consideration of Application No.A-05/10 submitted by Joseph and Holly Silverthorn." CARRIED: / oe # DEFEATED: ettedievhw CHAIRMAN MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT Date: 16 Sep 2010 MOVED BY: LA__, r ' ` / SECONDED BY: .. / , /f(".., 9 (0.) "THAT Committee of Adjustment Secretary-Treasurer's report D2010-28 be received; AND WHEREAS the Committee agrees with the IBI Group Memorandum dated August 20,2010,which states that the proposed variance meets Section 45.(1) of the Planning Act to qualify as a minor variance and that this variance is considered minor; THEREFORE the application A-05/10 submitted by Joseph and Holly Silverthorn,pursuant to Section 45 of the Planning Act for a minor variance,is granted to allow: • Relief from Section 4.2-Accessory Uses to permit the subject building to be located closer to the front lot line than the minimum distance required for the main building on the lot • Relief from Section 4.22.1-Minimum Setbacks from Arterial Roads(Streets)to permit a setback of 21.9 metres(72')from centreline of a county road where 25 metres(82')is required by zoning by-law • Relief from Section 5.7-Minimum Front Yard Depth to permit a setback of 7.6 metres(24.9')where 15 metres (49')is required by zoning by-law." d 4 .„,...6 7144 Su 6J e� - I / t.C. . 'grecs Q /anr /�/cr/ a7c C /00 pro rAii Q 47 Lc >6r-rr ar-e 75 Alp /71a1%1 f i ,rd 74a Cv i-i,a u e. cis re fu ir-Ydl CARRIED: (jtLij CHA‘i/c4A6y,% j DEFEATED: CHAIRMAN MUNICIPALITY OF BAYHAM RESOLUTION OF COMMITTEE OF ADJUSTMENT Date: 16 Sep 2010 MOVED BY: .e52. SECONDED BY: Io Ca) "THA the Committee of Adjustment hearing for consideration of Application No.A-0511.0 be adjourned at AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." f#• a, CARRIED: ` `l a'�! OA DEFEATED: CHAIRMAN CHAIRMAN