HomeMy WebLinkAboutAugust 07, 2008 - Planning - Crouse MUNICIPALITY OF BAYIIAM
COMMITTEE OF ADJUSTMENT
PUBLIC MEETING MINUTES
Thursday,August 7,2008
6:30 pm in the Council Chambers
Bayham Municipal Office
The Committee of Adjustment for the Municipality of Bayham met on August 7, 2008 at 6:30 p.m. in the
Municipal Council Chambers to consider Applications A-05/08 Lawrence Crouse, and A-06/08 Alda Crouse.
In attendance were Committee Members: Mayor Lynn Acre, Deputy Mayor Cliff Evanitski, Councillors Mark
Taylor,Wayne Casier and Ed Ketchabaw.
Staff Present: Secretary-Treasurer Kyle Kruger and Brenda Gibbons.
Signed in Attendees: A-05/08—None
A-06/08-None
1. CALL TO ORDER— Acting Secretary-Treasurer Kyle Kruger called the meeting to Order at 6:30
p.m.
2. APPOINTMENT OF SECRETARY-TREASURER AND CHAIRMAN
2008-010 Moved by C.Evanitski
Seconded by M.Taylor
"THAT Kyle Kruger be appointed Secretary-Treasurer and Lynn Acre be appointed
Chairman of the Committee of Adjustment Hearing for consideration of Applications No.A-
05/08 submitted by Lawrence Crouse and A-06/08 submitted by Alda Crouse."
Disposition: Motion Carried Unanimously
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
None
4. APPLICATIONS
a) 6:30 p.m. A-05/08
Application by Lawrence Crouse,owner of property located at 53765 Heritage Line,west
of Richmond Road,Hamlet of Richmond for relief from Section 9.2—Minimum Lot Area
to permit a lot conveyance from a neighbouring residential lot(XREF Consent E44/08)
File: D13.CROU
b) 6:40 p.m. A-06/08
Application by Alda Crouse,owner of property located at 53763 Heritage Line,west of
Richmond Road,Hamlet of Richmond for relief from Section 9.2—Minimum Lot Area to
permit a lot conveyance from a neighbouring residential lot(XREF Consent E44/08)
File: D13.CROU
...2
Committee of Adjustment Mi ".s Page 2
August 7, 2008
5. a) STAFF REPORT D2008-033 CROUSE L.
The Secretary-Treasurer briefly explained the nature of the minor variance - purpose and effect
as described in Staff Report D2008-033. It was outlined that the proposed variance can be
considered minor given that the parcel has access to a communal water supply and there is no
change in use, and therefore it is recommended for committee approval. It was also noted that
no objections have been received to date.
b) STAFF REPORT D2008-034 CROUSE A.
The Secretary-Treasurer briefly explained the nature of the minor variance - purpose and effect
as described in Staff Report D2008-034. It was outlined that the proposed variance can be
considered minor given that the parcel has access to a communal water supply and there is no
change in use, and therefore it is recommended for committee approval. It was also noted that
no objections have been received to date.
6. PRESENTATION BY APPLICANT/AGENT
a) A-05/08 Crouse L.
No presentation by the applicant.
b) A-06/08 Crouse A.
No presentation by the applicant.
7. PUBLIC COMMENTS
a) A-05/08 Crouse L.
No members of the public were in attendance to provide comment.
b) A-06/08 Crouse A.
No members of the public were in attendance to provide comment.
8. COMMITTEE QUESTIONS AND DISCUSSION
a) A-05/08 Crouse L.
None
b) A-06/08 Crouse A.
None
Committee of Adjustment Mi 7,s Page 3
August 7, 2008
9. DECISION OF COMMITTEE (Motions)
2008-011 Moved by C.Evanitski
Seconded by M.Taylor
"THAT the Municipality of Bayham Committee of Adjustment receives Secretary-
Treasurer's Report D2008-033;
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-05/08)submitted by Lawrence Crouse,pursuant to Section
45 of the Planning'Act for minor variances,is granted:
p Relief from Section 9.2 — Minimum Lot Area of the Zoning By-law Z456-2003 to
recognize the reduced lot area of 1130 m2 where the minimum permitted lot area is 1390
m2 in the Hamlet Residential (IIR) Zone to satisfy the condition of Consent Application
E44/08."
Disposition: Motion Carried Unanimously
2008-012 Moved by W.Casier
Seconded by C.Evanitski
"THAT the Municipality of Bayham Committee of Adjustment receives Secretary-
Treasurer's Report D2008-034;
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-06108)submitted by Alda Crouse,pursuant to Section 45 of
the Planning Act for minor variances,is granted:
• Relief from Section 9.2 — Minimum Lot Area of the Zoning By-law Z456-2003 to
recognize the reduced lot area of 1290 m2 where the minimum permitted lot area is 1390
m2 in the Hamlet Residential (LIR) Zone to satisfy the condition of Consent Application
E44108."
Disposition: Motion Carried Unanimously
10. ADJOURNMENT
2008-013 Moved by M.Taylor
Seconded by C.Evanitsld
Committee of Adjustment Mi 's Page 4
August 7, 2008
"THAT the Committee of Adjustment Hearing for consideration of Applications No.A-
05/08 and A-06/08 be adjourned at 6:45 p.m.;
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
r i,j/kA) IrAlt AILEL _
C . I' S T
Date: _ ,_. /}i gap
Municipality of Bayham
Resolution of
C mm' •e of Adjustment
11111August 7, 2008
Moved By: Ir -
Seconded By.lhhh1/
"THAT Kyle Kruger be appointed Secretary-Treasurer and /-1er ACS -k---
be appointed Chairman of the Committee of Adjustment Hearing for
consideration of Applications No. A-05/08 submitted by Lawrence Crouse and A-06/08
submitted by Alda rouse."
C• ' ' j / I. DEFEATED
: _
S�� I ' F A._URER SECRETARY-TREASURER
Municipality of Bayham
Resolution of
Co ittee of Adjustment
August 7, 2008 - I I
Moved By: /A 1. k
Seconded By: A_'
9. L CROUSE A-05/08
"THAT the Municipality of Bayham Committee of Adjustment receives Secretary-
Treasurer's Report D2008-033;
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-05108) submitted by Lawrence Crouse, pursuant to
Section 45 of the Planning Act for minor variances,is granted:
• Relief from Section 9.2—Minimum Lot Area of the Zoning By-law Z456-2003 to
recognize the reduced lot area of 1130 m2 where the minimum permitted lot area is
1390 m2 in the Hamlet Residential(HR) Zone to satisfy the condition of Consent
Application E44/08."
CARRIED „ i DEFEATED
C •_' .N CHAIRMAN
Municipality of Bayham
Resolution of
Committee of Adjustment
August 7, 2008 01
Moved By: — I,
h
Seconded By: �� .a42I
9. A CROUSE ..-06!08
"THAT the Municipality of Bayham Committee of Adjustment receives Secretary-
Treasurer's Report D2008-034;
AND WHEREAS the proposed variance is considered to be minor in nature and does meet
Section 45. (1) of the Plannine Act to qualify as a minor variance to the regulations of
Zoning By-law Z456-2003;
THEREFORE the application (A-06108) submitted by Alda Crouse, pursuant to Section 45
of the PlanninR Act for minor variances,is granted:
Relief from Section 9.2—Minimum Lot Area of the Zoning By-law Z456-2003 to
recognize the reduced lot area of 1290 m2 where the minimum permitted lot area is
1390 m2 in the Hamlet Residential(HR) Zone to satisfy the condition of Consent
Application E44108."
I
CARRIED g , a �� DEFEATED
Hf
'VAN r CHAIRMAN
•
Municipality of Bayham
Resolution of
Committee of Adjustment
August 7, 2008
Moved By: _Aria
Seconded Byr &
10.
"THAT the Committee of Adjustment Hearin for consideration of Applications
No. A-05/08 and A-06/08 be adjourned at C2 ! cj nn$� ;
I!
AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be
circulated by the Secretary-Treasurer accordingly."
CARRIED fA 4/A , ,A 0 DEFEATED
' f N - CHAIRMAN
IUNICIPALITY OF BAYIIANA
COMMITTEE OF ADJUSTMENT
PUBLIC MEETING MINUTES
Thursday,June 5,2008
6:30 pm in the Council Chambers
Bayham Municipal Office
The Committee of Adjustment for the Municipality of Bayham met on June 5, 2008 at 6:30 p.m. in the
Municipal Council Chambers to consider Applications A-02/08 Keil,A-03108 Winkworth and A-04/08 Tait.
In attendance were Committee Members: Deputy Mayor Cliff Evanitski, Councillors Mark Taylor, Wayne Casier
and Ed Ketchabaw. Committee Member Mayor Lynn Acre arrived at 6:42 p.m.
Staff Present:Administrator Kyle Kruger and Secretary-Treasurer Margaret Underhill.
Signed in Attendees: A-02/08—None
A-03/08—Fred Fowlie,Henry Dalm
A-04/08 -None
1. CALL TO ORDER-Secretary-Treasurer Margaret Underhill called the meeting to Order at 6:35 p.m
2. APPOINTMENT OF CHAIRMAN
2008-004 Moved by M.Taylor
Seconded by E.Ketchabaw
"THAT Wayne Casier be appointed Chairman of the Committee of Adjustment Hearing for
consideration of Applications No. A-02/08 submitted by Werner Keil, A-03/08 submitted by
John and Mary Winkworth and A-04/08 submitted by Gordon and Mindy Tait."
Disposition: Motion Carried Unanimously
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
C.Evanitski declared conflict of interest for Item 4 a)Application A-02J08.
4. APPLICATIONS
a) 6:35 p.m. A-02/08
Application by Werner Keil,owner of property located at 11248 Culloden Road,east side
of Culloden Road south of Best Line,Hamlet of Corinth for relief from Section 9.1 —
Permitted Uses and 9.7—Regulations for Accessory Buildings to permit the construction of
an accessory building for livestock purposes and with a larger ground floor area than is
permitted in the Zoning By-law.
FileD13.KEIL
b) 6:50 p.m. A-03/08
Application by John and Mary Winkworth,owners of property located at 56130 Heritage
Line,northeast corner of Heritage Line and Sandytown Road,Village of Straffordville,for
relief from Section 10.11 —Regulatiops for Accessory Buildings to permit the construction
... 2
Committee of Adjustment Minutes Page 2
June 5, 2008
of an accessory building with a larger ground floor area and height than is permitted in the
Zoning By-law.
File: D13.WINK
c) 7:10 p.m. A-04/08
Application by Gordon and Mindy Tait,owners of property located at 56170 Heritage
Line,northwest corner of Old Chapel Street and Heritage Line,Village of Straffordville,
for relief from Section 10.11 --Regulations for Accessory Buildings to permit the
construction of an accessory building with a larger ground floor area and height than is
permitted in the Zoning By-law.
File: D13.TAIT
5. a) STAFF REPORT D2008-023 KEIL
The Secretary-Treasurer briefly explained the nature of the minor variance -purpose and effect
as described in Staff Report D2008-023. She stated that the variance does not satisfy the four
Planning Act "tests" for Minor Variances and therefore is not recommended for committee
approval. She noted that one objection letter from A. Beckett had been included in the
members' agendas and then advised the committee that objection letters were received and
circulated just prior to the start of the meeting from K. & L. Nesbitt, E. Wolfe, J. & P.
Tompkins,R. & S. Brisebois,P.Ryan. An additional letter from R.Pressey was received during
the meeting.
b) STAFF REPORT D2008-024 WINKWORTH
The Secretary-Treasurer briefly explained the nature of the minor variance--purpose and effect
as described in Staff Report D2008-024. She outlined the analysis of the four Planning Act
"tests" for Minor Variances. She explained that the proposed size of the accessory building is
much larger than the permitted size in the Village Residential (R1) zone. She noted that the
overall lot coverage was below the maximum allowable and that the height and floor area may
be considered minor based on the overall size of the lot being four lots consolidated into one
larger estate sized lot. She added that the application appeared to be consistent with the intent of
the Zoning By-law and to be consistent with the Official Plan. The Secretary-Treasurer recorded
that as of the time of presentation no written objections had been received.
c) STAFF REPORT D2008-025 TAIT
The Secretary-Treasurer briefly explained the nature of the minor variance—purpose and effect
as described in Staff Report D2008-025. She outlined the analysis of the four Planning Act
"tests" for Minor Variances. She explained that the proposed size of the accessory building is
much larger than the allowable size in the Village Residential (R1) zone. She noted that the
overall lot coverage was below the maximum allowable and that the height and floor area may
be considered minor based on the overall size of the lot being three lots consolidated into one
larger estate sized lot. She added that the application appeared to be consistent with the intent of
the Zoning By-law and to be consistent with the Official Plan. The Secretary-Treasurer
recorded that as of the time of presentation no written objections had been received.
6. PRESENTATION BY APPLICANT/AGENT
a) A-02/08 Keil
No presentation by the applicant.
Committee of Adjustment Minutes Page 3
June 5, 2008
b) A-03/08 Winkworth
Henry Dalin, Dalm Construction, Appointed Agent, provided a brief outline of the owners'
intentions to construct a well-designed and finished 28 ft X 40 ft garage/workshop at the rear of the
property that would match the house.
c) A-04/08 Tait
Henry Dalin, Dalm Construction, Appointed Agent for Tait, provided a brief outline of the
owners' intentions to construct a matching, well-finished 32 ft X 40 ft garage/workshop at the rear
of the property to store their personal items,including a boat and trailer.
7. PUBLIC COMMENTS
a) A-02/08 Keil
Arvilla Beckett spoke against the proposal and pointed out to the Committee that she had submitted
a written objection prior to the meeting. She expressed concern about potential contamination of
her well and others in the area from the rabbit manure. She lives close by and is quite concerned
that this proposal would lower the value of the surrounding properties.
Patricia Ryan stated she is against the proposal because her well is located only 5 feet from the
fence line and that there are lots of children in the area. She added that there has been significant
building going in the area and that this proposal may stop some future development.
Jack Tompkins informed the Committee that he lives nearby and that allowing livestock use can
open up all kinds of possibilities for other types of livestock. He is concerned that with livestock
comes the possibility of rodents. He is also concerned that with the size of barn proposed that
slaughtering would take place at the property as well. He stated that he is against the proposal.
Paul Melnychuk resides nearby the subject lands and expressed his concern about possible
contamination of his well and others in the area.
b) A-03/08 Winkworth
Fred Fowlie stated that he resides at 9294 Old Chapel Street, across from the Taits' rear yard, and
that he is against the requested minor variances. He spoke of his research that tells him that minor
variances are used to correct existing problems and that there is not an existing problem to solve at
the subject lands. He explained that the owners could make changes now before all is built by
reducing the size of the accessory building before construction. He is concerned that with the
amount of fill being brought in,the finished height of the garage will end up higher than is proposed
in the application. Mr. Fowlie also expressed concern about the potential uses of the commercial
sized accessory building by possible future owners. He doesn't see that the intent of the zoning by-
law and official plan are being complied with by a minor variance that allows for such an oversized
structure. He recognized that the properties are unique but argued that this is not rational for
allowing such a large building than is permitted in this zone. He noted that prior to the meeting he
discussed with Mr.Winkworth his concerns about such a large building outside their front window.
Henry Dalin informed the committee that this is not going to be an eyesore and that there will be
wrought iron fencing around the property with gates at the entrances. He added that the shop will
be nice looking and the whole property,both new houses,will be a landmark for Straffordville. He
explained that the Taits went with the 32 feet, slightly larger than the Winkworths', to enclose a
boat and trailer and to maintain a similar roof pitch as the house.
Committee of Adjustment Minutes Page 4
June 5, 2008
Mr. Fowlie added that the submitted drawings are not clear to the true intent of construction and
that the actual finished height will be double the height of his own house. He also feels that the
value of his property will decrease with the oversized garage right outside his front window.
In response,H.Dalin clarified that the height is the average of the wall height and the roof pitch as
written in the minor variance application. He added that the subject lands could have a 3000 sq.ft.
two storey dwelling constructed further back on the property but that the owners have carefully laid
out the lot so to develop it with attractive landscaping,trees and consideration for the neighbours.
c) A-04/08 Tait
H.Dalin again expressed to the committee that the owners are building beautiful buildings and that
they will be finished and landscaped to match the house. He added that the owners bought the
properties without knowing that the accessory buildings would have such size restrictions.
F.Fowlie stated that he appreciates the owners' efforts to make it beautiful and that Mr.Dalin does
great work, however, his concern is with the size of the accessory buildings and the proposed
location. He added that he is also concerned about the condition of Old Chapel Street and the
possibility of a third property access being granted to the garage/shop off this street, which is
already crumbling from heavy vehicles using the street. He also mentioned that there are low
power lines along Old Chapel Street that would interfere with the access.
G. Tait,applicant,told the committee that they are going to extra lengths to make the property look
good and that an old truck and a boat will be stored inside.He added that he is spending much more
than necessary to build a well-finished, attractive garage and that they are trying to keep the
neighbours happy.
II Dalin noted to the committee that there could have been seven lots with seven houses all with
accessory buildings but that the current owners have joined lots together to make an attractive
property. He added that the shops could be moved over and that potentially a separate lot could be
created with another house and garage placed closer to Mr.Fowlie's property.
F. Fowlie responded by saying that he is not against the size of the house or concerned about the
number of houses, only the size of the accessory buildings and the proposed third access from
Chapel Street for the applicants' garage.
8. COMMITTEE QUESTIONS AND DISCUSSION
a) A-02/08 Keil
Committee Member E.Ketchabaw asked the Secretary-Treasurer if the applicant was aware at the
time of application of the non-compliance. The Secretary-Treasurer responded by saying that there
was a discussion that took place at the time of application.
b) A-03/08 Winkworth
Committee Member C.Evanitski asked what the proposed use of the garage is. Mr.Dalm replied that it
would be used for storage of the owners' old cars with no commercial intent.
Committee of Adjustment Minutes Page 5
June 5, 2008
Committee Member W.easier expressed his concern about the size of the garage being 60%more than
the maximum floor area permitted in the zoning and he doesn't consider 60%overage to be minor. He
added that there are rules and zoning regulations in place to protect property owners and that they have
be abided by.
c) A-04/08 Tait
Committee Member M. Taylor stated that he considered the requested variance to be minor and
acknowledged that this large property presented extraordinary circumstances. He added that he doesn't
think that surrounding property values will decrease with the construction of these large garages.
Committee Member E. Ketchabaw stated that this application and the previous applications are
requesting a much larger than permitted accessory building. He continued by saying that the zoning by-
law is in place to protect landowners and that the by-law has set regulations to follow.
Committee Member L. Acre stated that she felt the intent of the by-law is maintained and that there is a
balance between the requested size and the actual size of the lot being much larger than a regular lot.
9. DECISION OF COM:NM I'EE (Motions)
a) KEIL
2008-005 Moved by E.Ketchabaw
Seconded by M.Taylor
"THAT the Municipality of Bayham Committee of Adjustment receives Secretary-
Treasurer's Report D2008-023;
AND WHEREAS the proposed variance application is not considered to be minor
in nature and does not meet Section 45. (1) of the Plannin,Act to qualify as a
minor variance to the regulations of Zoning By-law Z456-2003;
THEREFORE the application A-02/08 submitted by Werner Keil, pursuant to
Section 45 of the Planninci Act for minor variances,is not granted for reasons that:
• The requested variance is not considered minor in nature due to the proposed
size of the accessory building combined with the proposed use for livestock
purposes which is not permitted within a settlement area
• The requested variance does not meet the intent and purpose of the Official
PIan
• The requested variance does not meet the intent and purpose of the Zoning
By-law
Disposition: Motion Carried
b) WINKWORTH
2008-006 Moved by M.Taylor
Seconded by L.Acre
Committee of Adjustment Minuces Page 6
June 5, 2008
"THAT the Municipality of Bayham Committee of Adjustment receives Secretary-
Treasurer's Report D2008-024;
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-03/08 submitted by John and Mary Winkworth,
pursuant to Section 45 of the Planning Act for minor variances,is granted providing:
9 Relief from Section 10.11 —Regulations for Accessory Buildings of the Zoning
By-law Z456-2003 to permit the construction of an accessory garage on the
subject lands to a maximum floor area of 104.1 m2 and a maximum height,by
definition, of 4.9 metres."
Disposition: Motion Defeated
200&007 Moved by E.Ketchabaw
Seconded by C.Evanitski
"THAT the Municipality of Bayham Committee of Adjustment receives Secretary-
Treasurer's Report D2008-024;
AND WHEREAS the proposed variance is NOT considered to be minor in nature
and does not 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-03/08 submitted by John and Mary Winkworth,
pursuant to Section 45 of the Planning Act for minor variances, is not granted for
reasons."
Disposition: Motion Carried
c)TAIT
2008-008 Moved by C.Evanitski
Seconded by E.Ketchabaw
"THAT the Municipality of Bayham Committee of Adjustment receives Secretary-
Treasurer's Report D2008-025;
AND WHEREAS the proposed variance is NOT considered to be minor in nature
and does not 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-04/08 submitted by Gordon & Mindy Tait,
pursuant to Section 45 of the Planning Act for minor variances, is not granted for
reasons."
Committee of Adjustment Minutes Page 7
June 5, 2008
Disposition: Motion Carried
10. ADJOURNMENT
2008-009 Moved by L.Acre
Seconded by E.Ketchabaw
"THAT the Committee of Adjustment Hearing for consideration of Applications
No.A-02/08,A-03/08 and A-04/08 be adjourned at 7:28 p.m.;
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
4. w ,. i .
CHAIRMAN S. R' ARY-T ASURER
Date: V"::s _/9� Zane
Municipality of Bayham
Resolution of
Committee of Adjustment
Z----
June 5,2008 - o o`/
Moved By: fes;_ - /"'
Seconded By: „"r-
3
Ape 6rr-
"THAT L be appointed Chairman of the Committee of Adjustment Hearing for
consideration of Applications No. A-02/08 submitted by Werner Keil,A-03108 submitted by
John and Mary Winkworth and A-04/08 submitted by Gordon and Mindy Tait."
CARRIE► f 1/ e, DEFEATED
CRE ARY-TREASURER SECRETARY-TREASURER
Municipality of Bayham
Resolution of
Committee of Adjustment
June 5, 2008 - 00 5'
.„.pf-
Moved By: . :-
Seconded By: t-d
9. KEIL A-02/08
"THAT the Municipality of Bayham Committee of Adjustment receives Secretary-
Treasurer's Report D2008-023;
AND WHEREAS the proposed variance application is not considered to be minor in nature
and does not meet Section 45. (1) of the PlanniniAct to qualify as a minor variance to the
regulations of Zoning By-law Z456-2003;
THEREFORE the application A-02/08 submitted by Werner Keil,pursuant to Section 45 of
the Planning'Act for minor variances,is not granted for reasons that:
• The requested variance is not considered minor in nature due to the proposed size of
the accessory building combined with the proposed use for livestock purposes which
is not permitted within a settlement area
• The requested variance does not meet the intent and purpose of the Official Plan
• The requested variance does not meet the intent and purpose of the Zoning By-law
CARRIED 4 DEFEATED
CH • MA CHAIRMAN
/'liar a/VA tUf,v10 a S
Municipality of Bayham
Resolution of
Committee of Adjustment
4011/Pwr/ AppryJune 5, 2008
Moved By: 1
Seconded By. Adriff
9. WINKWORH A-03/08
"THAT the Municipality of Bayham Committee of Adjustment receives Secretary-
Treasurer's Report D2008-024;
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-03/08 submitted by John and Mary Winkworth,pursuant
to Section 45 of the Planning Act for minor variances,is granted providing:
• Relief from Section 10.11—Regulations for Accessory Buildings of the Zoning By-
law Z456-2003 to permit the construction of an accessory garage on the subject
lands to a maximum floor area of 104.1 m2 and a maximum height, by definition, of
4.9 metres."
CARRIED DEFEATED
CHAIRMAN CHAAN
Municipality of Bayham
Resolution of
Committee of Adjustment
June 5, 2008
Moved By: 00<jim . y
4S
Seconded By: 10 _. �l
0
9. WINKWORTH A-03/08
"THAT the Municipality of Bayham Committee of Adjustment receives Secretary-
Treasurer's Report D2008-024;
AND WHEREAS the proposed variance is NOT considered to be minor in nature and does
not meet Section 45. (1) of the PlanniniAct to qualify as a minor variance to the regulations
of Zoning By-law Z456-2003;
THEREFORE the application A-03/08 submitted by John and Mary Winkworth,pursuant
to Section 45 of the Planninjr Act for minor variances,is not granted for reasons:
("--17 .
CARRIED__ j ‘::::?=.--- DEFEATED
CHAIRMAN CHAIRMAN
41o7 Y/tiogoil//no uS
Municipality of Bayham
Resolution of
1 Committee of Adjustment
1
June 5, 2008 — 0 O
Moved By:
-
Seconded By: _.ori _
9. TAIT A-04/08
"THAT the Municipality of Bayham Committee of Adjustment receives Secretary-
Treasurer's Report D2008-025;
AND WHEREAS the proposed variance is NOT considered to be minor in nature and does
not 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-04/08 submitted by Gordon&Mindy Tait,pursuant to
Section 45 of the Planning Act for minor variances, is not granted for reasons:
CARRIED - DEFEATED
CHAIN AN CHAIRMAN
/Vrrr Gln/4 n)/1110 u S
Municipality of Bayham
Resolution of
Committee of Adjustment
,/ June 5,2008 0 0 9'
Moved By: le 4/
ir —
Seconded By: iS�
10.
"THAT the Committee of Adjustment Hearing for consideration of Applications
No. A-02/08,A-03108 and A-04/08 be adjourned at : Z a.� • ;
AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be
circulated by the Secretary-Treasurer accordingly."
CARRIED v � DEFEATED
CHAIRMAN CHAIRMAN
.IUNICIPALITY OF BAYHA1 .
COMMITTEE OF ADJUSTMENT
PUBLIC MEETING MINUTES
Thursday,February 21,2008
6:30 pm in the Council Chambers
Bayham Municipal Office
The Committee of Adjustment tor the Municipality of Bayham met on February 21, 2008 at 6:30 p.m. in the
Municipal Council Chambers to consider Application A-01/08,being an application by Edward Green.
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.
In attendance from the public:Edward Green(Applicant)
1. CALL TO ORDER-Secretary-Treasurer Margaret Underhill called the meeting to Order at 6:30 p.m.
2. APPOINTMENT OF CHAIRMAN
2008-001 Moved by W.Casier
Seconded by M.Taylor
"THAT Lynn Acre be appointed Chairman of the Committee of Adjustment Hearing for
consideration of Application No.A-01108 submitted by Edward Green."
Disposition: Motion Carried Unanimously
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
None
4. APPLICATIONS
a) A-01/08 Application by Edward Green,owner of property located at 55969 Eden Line,south side of
Eden Line and east of Sandytown Road,for relief from Section 4.22.1—Minimum
Setbacks from Arterial Roads(Streets)to permit the construction of an addition to the
existing residence.
File: D13.GREE
5. STAFF REPORT D2008-011 The Secretary-Treasurer briefly explained the nature of the minor
variance - purpose and effect as described in Staff Report D2008-011. She noted that the County of
Elgin and the LPRCA were circulated the application for comment. She advised that the County had no
concerns. However, she explained that the LPRCA note that the lands are located within the LPRCA
Regulation limit and that a permit is required for the proposed development. The applicant was advised
to contact the LPRCA to discuss obtaining the necessary approvals. The Secretary-Treasurer expressed
no additional concerns with the application.
6. PRESENTATION BY APPLICANT/AGENT
The applicant was present but had no further comment.
... 2
Minor Variance A-01108 Green Page 2
7. PUBLIC COMMENTS
None
8. COMMITTEE QUESTIONS AND DISCUSSION
None
9. DECISION OF COMMITTEE (Motions)
2008-002 Moved by E.Ketchabaw
Seconded by C.Evanitski
"THAT the Municipality of Bayham Committee of Adjustment receives Secretary-
Treasurer's Report D2008-011;
AND WHEREAS the proposed variance application 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-01/08) by Edward Green, pursuant to Section 45 of the Planning
Act for minor variances,is granted:
Relief from Section 4.22.1 — Minimum Setbacks from Arterial Roads (Streets) to permit the
construction of an addition to the existing residence to allow a front yard setback for a residential
building addition that is 24.4 metres from the centreline of Eden Line(County Rd. 44),where a 25
metre setback is required from the centreline of a County Road.
Disposition: Motion Carried Unanimously
10. ADJOURNMENT
2008-003 Moved by W.Casier
Seconded by M.Taylor
"THAT the Committee of Adjustment Hearing for consideration of Application
No.A-01108 by Edward Green be adjourned at 6:36pm;
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
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441
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CHA SF • ARY-TREASURER
Date: �� /Or
Municipality of Bayham
Resolution of
Committee of Adjustment
February 21, 2008 0
Moved By: .�� .. / . - „ <
Seconded Byfiel
3
"THAT Lynn Acre be appointed Chairman of the Committee of Adjustment Hearing for
consideration of Application No. A-01/08 submitted by Edward Green."
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CARRIED/ DEFEATED
C TARY-TREASURER SECRETARY-TREASURER
Municipality of Bayham
Resolution of
Committee of Adjustment
February 21, 2008
Moved By:
Seconded By:
9.
"THAT the Municipality of Bayham Committee of Adjustment receives Secretary-
Treasurer's Report D2008-011;
AND WHEREAS the proposed variance application 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-01108) by Edward Green,pursuant to Section 45 of the
Planning Act for minor variances, is granted:
• Relief from Section 4.22.1 —Minimum Setbacks from Arterial Roads (Streets) to
permit the construction of an addition to the existing residence to allow a front yard
setback for a residential building addition that is 24.4 metres from the centreline of
Eden Line (County Rd. 44),where a 25 metre setback is required from the centreline
of a County Road.
CARRIED ) _, .a ! DEFEATED
C ; P AN CHAIRMAN
Municipality of Bayham
Resolution of
Committee of Adjustment
a February 21, 2008 y `' 3
Moved By: ��
�f�
Seconded B (j [/` -
1 0.
"THAT the Committee of Adjustment Hearing for consideration of Application
No. A-01/08 by Edward Green be adjourned at Co 3(61 ;
AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be
circulated by the Secretary-Treasurer accordingly."
CARRIED L A l DEFEATED
CHAP, AN CHAIRMAN