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HomeMy WebLinkAboutJune 18, 2009 - Planning - Davis MUNICIPALITY OF BAYHAM COMMITTEE OF ADJUSTMENT MINUTES Thursday,June 18,2009 6:30pm 9344 Plank Road, StraffordvilIe The Committee of Adjustment met on June 18,2009 at 6:30pm at the Municipality of Bayham Cou ncil Chambers to consider Minor Variance Application A-02/09,Davis. Members present: Lynn Acre Evanitski,Mark Taylor,Wayne Casier and Ed Ketchabaw. Staff Present: Administrator Kyle Kruger and Secretary-Treasurer Margaret Underhill. 1. CALL TO ORDER Secretary-Treasurer Margaret Underhill called the meeting to order at 6:30pm. 2. APPOINTMENT OF SECRETARY-TREASURER AND CHAIRMAN (a) Appointment 2009-004 Moved by E Ketchabaw Seconded by W Casier "THAT Lynn Acre be appointed Chairman of the Committee of Adjustment Hearing for consideration of Application No.A-02/09 submitted by Katheryn Davis." Disposition: Motion Carried Unanimously 3. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None 4. APPLICATIONS) Minor Variance Application A-02!09 Davis,Katheryn-Request for variance to grant relief from Section 4.22-Minimum Setbacks From Arterial Roads(Streets)of the Zoning By-law Z456-2003,as amended,on lands located on the southwest corner of Plank Road and Maple Grove Line,Part Lot 20 Concession North Gore, to permit the construction of a new residence. File D13.DAVI 5. STAFF PRESENTATION Page 1 of 3 Municipality of Bayham Committee of Adjustment June 18,2009 (a) Staff Report D2009-26 regarding Minor Variance Application A-02/09 DAVIS Secretary-Treasurer M. Underhill presented Staff Report D2009-26 highlighting that the request for variance to 15.79 metres from the centreline of Plank Road (County Rd. 19)where a 25 metre setback is required for the construction of a new residence is considered to be minor in nature. She added that the proposed location for the new residence has been approved by the LPRCA as the only available location to comply with the required setbacks from"top of bank". She noted that the County of Elgin's comments recognizes the improvement from the existing residential setbacks and they support the relocation of the driveway to Maple Grove Line. However,she further explained that the County could not support the application based on their Road Master Plan policy identifiying the road setback requirement to be 26 metres from the centreline of the right-of-way. 6. PRESENTATIONS BY APPLICANT/AGENT The applicant K.Davis confirmed that a new entrance has been installed on Maple Grove Line and that the Plank Road access will be removed_ 7. PUBLIC SUBMISSIONS None 8. COMMITTEE QUESTIONS AND DISCUSSION M. Taylor expressed his concerns regarding applications involving mapping and changes to mapping. C.Evanitski commented that the application was improving the setbacks and the removal of the driveway from Plank Road would be an improvement. L.Acre also agreed that the minor variance improves the situation and is considered to be minor. 9. DECISION OF COMMITTEE(Motions) (a) Decision 2009-005 Moved by W Cosier Seconded by E Ketchabaw "THAT the Municipalityof Bayham Committee of Adjustment receives Secretary-Treasurer's Report D2009-26; Page 2 of 3 Municipality of Bayham Cuinmittee of Adjustment June 18,2009 AND WHEREAS the proposed variance is considered to be minor in nature and does meet Section 45.(1)of the Planning Act to qualify as a minor variance to the regulations of Zoning By-law Z456-2003; THEREFORE the application(A-02/09) submitted by Katheryn Davis, pursuant to Section 45 of the Planning Act for minor variances,is granted: • Relief from Section 4.22-Minimum Setbacks From Arterial Roads (Streets),to permit a setback of 15.79 metres from the centerline of Plank Road (County Rd. 19),where a 25 metre setback is required,for the construction of a new residence; Subject to condition(s); • the removal of the existing Plank Road access." Disposition: Motion Carried 10. ADJOURNMENT (a) Adjournment 2009-006 Moved by E Ketchabaw Seconded by W Casier "THAT the Committee of Adjustment Hearing for consideration of Application No.A-02/09 be adjourned at 6:37pm; AND THAT in accordance with the regulations of the Planning Act, Notices of Decision be circulated by the Secretary-Treasurer accordingly." Disposition: Motion Carried Unanimously DATE: 14/41 -It",, mfr•N SE►' TY-TREASURER V Page 3 of 3 Municipality of Bayham Resolution of Committee of Adjustment June 18, 2009 a V Moved By: r , y Seconded By: - 2 "THAT Lip Vl F-t Cr . be appointed Chairman of the Committee of Adjustment Hearing for consideration of Application No. A-02/09 submitted by Katheryn Davis." C " DEFEATED r ' DEFEATED SE rf `Y-TREASURER SECRETARY-TREASURER Municipality of Bayham Resolution of Committee of Adjustment June 18, 2009 �- 0 C)Jr— Moved By: Seconded By:,... r47(r2-4Zdr-2 9. K DAVIS A-02/09 "THAT the Municipality of Bayham Committee of Adjustment receives Secretary- Treasurer's Report D2009-26; AND WHEREAS the proposed variance is considered to be minor in nature and does meet Section 45. (1) of the Planning Act to qualify as a minor variance to the regulations of Zoning By-law Z456-2003; THEREFORE the application (A-02/09) submitted by Katheryn Davis,pursuant to Section 45 of the Planning Act for minor variances, is granted: • Relief from Section 4.22—Minimum Setbacks From Arterial Roads(Streets),to permit a setback of 15.79 metres from the centerline of Plank Road (County Rd. 19), where a 25 metre setback is required, for the construction of a new residence; Subject to condition(s): o the removal of the existing Plank Road access." / _ f�, CARRIED DEFEATED �, � ad1 CHAIRMAN Akr (.f IVmous Municipality of Bayham Resolution of Committee of Adjustment June 18, 2009 o 4(.n Moved By: i1,� _%1irAPPPY Seconded By: 10. "THAT the Committee of Adjustment Hearing for consideration of Application No. A-02/09 be adjourned at lD : ?�1 prn ; AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." I CARRIED /, , ° A • DEFEATED •. C AN CHAIRMAN MUNICIPALITY OF BAYHAM COMMITTEE OF ADJUSTMENT MINUTES Thursday, January 15, 2009 6 30pm 9344 Plank Road, Straffordville The Committee of Adjustment for the Municipality of Bayham met on January 15, 2009 at 6:30 p.m. in the Municipal Council Chambers to consider Application A-01/09, being an application by Abraham and Emma Peters. In attendance were Committee Members: Mayor Lynn Acre, Deputy Mayor Cliff Evanitski, Councillors Mark Taylor, Wayne Casier and Ed Ketchabaw. Administrator Kyle Kruger and Secretary-Treasurer Margaret Underhill were also present. 1. CALL TO ORDER Secretary-Treasurer Margaret Underhill called the meeting to order at 6:33 pm. 2. APPOINTMENT OF SECRETARY-TREASURER AND CHAIRMAN (a) Appointment 2009-001 Moved by M Taylor Seconded by W Casier "THAT Margaret Underhill be appointed Secretary-Treasurer and Lynn Acre be appointed Chairman of the Committee of Adjustment Hearing for consideration of Application No. A-01/09 submitted by Abraham and Emma Peters." CARRIED UNANIMOUSLY 3. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None 4. APPLICATION(S) (a) 6:30 pm A-01/09 Application by Abraham and Emma Peters, owners of property located on the south side of Eden Line, west of Talbot Line, in the Hamlet of North Hall for relief from Hamlet Residential Section 9.3-Minimum Lot Frontage to permit the severance of a vacant interior parcel of land (XREF E75/08) File: D13.PETE Page 1 of 3 Municipality of Bayham C.. _.mittee of Adjustment January 15, 2009 5. STAFF PRESENTATION (a) Staff Report D2009-01 Peters Minor Variance Secretary-Treasurer M. Underhill presented Staff Report D2009-01 explaining the need for the minor variance for the reduced lot frontage of 20.3 metres,where 22 metres is required in the Hamlet Residential Zone, to satisfy a condition of Consent Application E75/08 previously supported by Council. 6. PRESENTATIONS BY APPLICANT/AGENT David Roe, Civic Planning Solutions Inc., Appointed Agent, was present to explain that the subject lands require the minor variance to satisfy the condition of severance. He added that the subject lands do not have frontage along Highway 3(Talbot Line)due to the Ministry of Transportation retaining a one-foot reserve along the entire length. 7. PUBLIC SUBMISSIONS None 8. COMMITTEE QUESTIONS AND DISCUSSION Applicants'Agent David Roe, Civic Planning Solutions Inc.,was present to answer questions. Councillor Ketchabaw asked what the frontages are used for at this time. D. Roe replied by saying that the frontages, one at 20.1 metres and the other at 20.3 metres are used for accesses to the interior lands. He added that the westerly access is for a proposed 5-Lot Plan of Subdivision and the easterly access is to the interior lands intended to be sold for a future single detached dwelling. 9. DECISION OF COMMITTEE(Motions) (a) Decision 2009-002 Moved by W Casier Seconded by M Taylor "THAT the Municipality of Bayham Committee of Adjustment received report D2009-01; AND WHEREAS the Committee agrees with the Memorandum dated January 5,2009 from IBI Goup Ltd.,which states that the proposed variance meets Section 4541)of the Planning Act to Page 2 of 3 Municipality of Bayham _.mitUee of Adjustment January 15,2009 qualify as a minor variance to the regulations of the minimum lot frontage of the HR zone and that this variance is considered minor; THEREFORE the application (A-01109) by Abraham and Emma Peters, pursuant to Section 45 of the Planning Act for a minor variance, is granted to allow: • Relief from the Hamlet Residential (HR) Zone Section 9.3 - Minimum Lot Frontage requirement of 22.0 metres (72.18 feet) to 20.3 metres (66.6 feet)for a Hamlet Residential-Holding (HR-h) parcel located in Part Lot 7 Concession 8 in the Hamlet of North Hall to satisfy the condition of Consent Application E75108." CARRIED UNANIMOUSLY 10. ADJOURNMENT (a) Adjournment 2009-003 Moved by M Taylor Seconded by W Casier "THAT the Committee of Adjustment Hearing for consideration of Application A-01109 be adjourned at 6:40 pm; AND THAT in accordance with the regulations of the Planning Act, Notices of Decision be circulated by the Secretary-Treasurer accordingly." CARRIED UNANIMOUSLY 4\—&/61-441-- �[. / ,�-z-° CHAIRMAN S'C ARY-TREASURER a(9/ Date Page 3 of 3 MUNICIPALITY OF BAYHAM RESOLUTION OF COUNCIL CoomMri TGAoF (asu57MENT 9 Date: 15 Jan 2009 MOVED BY: 4? 04 I SECONDED BY: Z„.C.--; •'-ggc2"-----1 9 C0) n "THAT Margaret Underhill be appointed Secretary-Treasurer and L y7n /1C re be appointed Chairman of the Committee of Adjustment Hearing for consideration of Application No.A-01/09 submitted by Abraham and Emma Peters." CARRIE . ft' � " ' DEFEATED: cR6 , . -712 urrtra4A-Y-$R MAYOR MUNICIPALITY OF BAYHAM RESOLUTION OF COUNCIL CONnmtTTTE ©F &OaU-S'7iTh IJ"r Date: 15 Jan 2009 MOVED BY: SECONDED BY: . ble • 9(a) "THAT the Municipality of Bayham Committee of Adjustment received report 02009-01; AND WHEREAS the Committee agrees with the Memorandum dated January 5,2009 from IBI Goup Ltd.,which states that the proposed variance meets Section 45.(1)of the Planning Act to qualify as a minor variance to the regulations of the minimum lot frontage of the KR zone and that this variance is considered minor; THEREFORE the application(A-01109)by Abraham and Emma Peters,pursuant to Section 45 of the Planning Act for a minor variance,is granted to allow: • Relief from the Hamlet Residential(HR)Zone Section 9.3 -Minimum Lot Frontage requirement of 22.0 metres (72.18 feet)to 20.3 metres(66.6 feet)for a Hamlet Residential-Holding(HR h)parcel located in Part Lot 7 Concession 8 in the Hamlet of North Hall to satisfy the condition of Consent Application E75108." v CARRIED: / \JJ DEFEATED: YOR MAYOR MUNICIPALITY OF BAYHAM RESOLUTION OF COUNCIL Cotir► u z of At u.S-rr E Date: 15 Jan 2009 MOVED BY:�//G ao3 SECONDED BY: f � �.; "THAT the Committee of Adjustment Hearing for consideration of Application A-01109 be adjourned at r4 O pm; AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be circulated by the Secretary- Treasurer accordingly," CARRIED: AI DEFEATED: MA •R MAYOR