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Home My WebLink AboutOctober 04, 2007 - Planning - Harms IUNICIPALITY OF BAYHAIVA COMMITTEE OF ADJUSTMENT MINUTES Thursday,October 4,2007 6:30 pm The Committee of Adjustment for the Municipality of Bayham met on October 4, 2007 at 6:30 p.m. in the Municipal Council Chambers to consider Application A-02/07, being an application by Bernhard and Sara Harms. 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:David Roe(applicants'Appointed Agent),Bernhard and Sara Harms 1. CALL TO ORDER-Secretary-Treasurer Margaret Underhill called the meeting to Order at 6:30 p.m. 2. APPOINTMENT OF CHAIRMAN 2007-004 Moved by W.Casier Seconded by C.Evanitski "THAT Lynn Acre be appointed Chairman of the Committee of Adjustment Hearing for consideration of Application No.A-02107 submitted by Bernhard and Sara Harms." Disposition: Motion Carried Unanimously 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No Member of the Committee disclosed a pecuniary interest and the general nature thereof. 4. APPLICATIONS a) A-02/07 Application by Bernhard and Sara Harms,owners of property located on the northwest corner of Fulton Street and Union Street in the Village of Vienna for relief from Section 10.5—Minimum Lot Depth of the Village Residential(RI)Zone to permit the creation of three residential lots with reduced lot depths under Consent Application E51/07 File: D13.HARM 5. STAFF REPORT D2007-045 The Secretary-Treasurer presented Staff Report D2007-045, which outlines Municipal Staff comments and includes a memo dated September 5,2007 from IBI Group. She explained that the Minor Variance application as submitted could be considered minor with the reduced lot depths. 6. PRESENTATION BY APPLICANT/AGENT-None Minor Variance A-02/07 Page 2 7. PUBLIC COMMENTS-None 8. COMMITTEE QUESTIONS AND DISCUSSION E.Ketchabaw— How do these lots compare to the size of other general lots in the Village? D.Roe— These lots are actually oversized in comparison. At some point in time road widening of Fulton Street reduced the depths of this parcel. 9. DECISION OF COMMITTEE (Motions) 2007-005 Moved by E. Ketchabaw Seconded by C. Evanitski "THAT the Municipality of Bayham Committee of Adjustment receives Secretary- Treasurer's Report D2007-045; AND WHEREAS the proposed variance application is considered to be minor in nature and does meet Section 45. (1) of the PlanninRAct to qualify as a minor variance to the regulations of Zoning By-law Z456-2003; THEREFORE the application (A-02/07) by Bernhard and Sara Harms, pursuant to Section 45 of the Planning Act for minor variances,is granted: Relief from Section 10.5 — Minimum Lot Depth to permit three residential lots to have lot depths of 38 metres,38.08 metres and 38.13 metres,where 40 metres is required, to satisfy the condition of Consent Application E51107." Disposition: Motion Carried Unanimously 10. ADJOURNMENT 2007-006 Moved by C. Evanitski Seconded by W. Casier "THAT the Committee of Adjustment Hearing for consideration of Application No. A-02/07 by Bernhard and Sara Harms be adjourned at 6:37 p.m.; AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." Disposition: Motion Carried Unanimously _ C ` ` S RE 'ARY-TREASURER Date: SA* � �� Municipality of Bayham Resolution of Committee of Adjustment Ie October 4, 2007 — OO Moved By:_ s� Seconded By:mitipm-A, "THAT Lynn Acre be appointed Chairman of the Committee of Adjustment Hearing for consideration of Application No.A-02/07 submitted by Bernhard and Sara Harms." CARRIE►. "jf f` 7 /DEFEATED C' TARY-TREASURER SECRETARY-TREASURER Municipality of Bayham Resolution of Committee of Adjustment October 4, 2007 Anh- Moved By: , '� Seconded By(14) IIP0., wow- 9. r 9. "THAT the Municipality of Bayham Committee of Adjustment receives Secretary- Treasurer's Report D2007-041r; 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-02/07) by Bernhard and Sara Harms, pursuant to Section 45 of the Planning Act for minor variances,is granted: • Relief from Section 10.5 —Minimum Lot Depth to permit three residential lots to have lot depths of 38 metres,38.08 metres and 38.13 metres,where 40 metres is required, to satisfy the condition of Consent Application E51/07 G:.. r. CARRIED t + DEFEATED C 1' AN CHAIRMAN Municipality of Bayham Resolution of Co I:mittee of Adjustment ' October 4, 2007 — O C) &' Moved By: .1 .y, yr -- Seconded By: 4 10. "THAT the Committee of Adjustment Hearing for consideratiop of A plication No. A-02/07 by Bernhard and Sara Harms be adjourned at : "S'� AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." CARRIED " to L �� Lx., DEFEATED CE_AIRMAN CHAIRMAN L/ I. .JNICIPALITY OF BAYHAM COMMITTEE OF ADJUSTMENT MINUTES Thursday,July 19,2007 6:30 pm in the Council Chambers Bayham Municipal Office The Committee of Adjustment for the Municipality of Bayham met on July 19, 2007 at 6:30 p.m. in the Municipal Council Chambers to consider Application A-01107,being an application by Elaine Becker. In attendance were Mayor Lynn Acre,Deputy Mayor Cliff Evanitsla,Councillors Mark Taylor,Wayne Casier and Ed Ketchabaw,Administrator Kyle Kruger and Secretary-Treasurer Margaret Underhill. In attendance from the public:Evelyn Coon(applicant's sister) 1. CALL TO ORDER Secretary-Treasurer Margaret Underhill called the meeting to Order at 6:35 p.m. 2. APPOINTMENT OF CHAIRMAN Secretary-Treasurer called for a motion to appoint the Chairman. 2007-001 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-01/07 submitted by Elaine Becker." Disposition: Motion Carried Unanimously 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No Member of the Committee disclosed a pecuniary interest and the general nature thereof. 4. APPLICATION a) A-01/07 Application by Elaine Becker,owner of property located at 10 Robinson Street,Port Burwell,on the east side of Robinson Street and south of Brock Street,for relief from Section 4.26 Permitted Encroachments in Yards to permit the construction of an addition to the front of the existing residence. File: D13.BECK Page 2 5. STAFF REPORT D2007-031 The Secretary-Treasurer presented Staff Report D2007-031, which outlines Municipal Staff comments and includes a memo dated July 9, 2007 from IBI Group. She explained that the Minor Variance application as submitted could not be considered minor with a proposed roofed over porch with a 0.0 metre setback. The Secretary-Treasurer indicated that a discussion with Ms. Becker earlier in the day resulted in the applicant amending the application to propose an open-sided roofed porch with a 0.3 metre (1 foot) setback from the front lot line. This conversation was confirmed by email to the Secretary-Treasurer. The Secretary-Treasurer also informed the Committee that an email was received the day of the meeting from the owner of 12 Robinson Street (property on north side of the subject lands) and that the neighbour did not have any concerns about their view being blocked or inhibited with the proposed porch. The Secretary-Treasurer suggested that a resolution be specifically worded to permit an open- sided roofed porch. The Secretary-Treasurer stated that no further written comments or concerns were received from the public on this application. 6. PRESENTATION BY APPLICANT/AGENT None 7. PUBLIC COMMENTS None 8. COMMITTEE QUESTIONS AND DISCUSSION Councillor Ketchabaw questioned the Secretary-Treasurer as to whether the porch on the cottage to the south would be in line with the porch that Ms.Becker is proposing. Ms.Coon responded that if the lot lines are straight,the proposed porch would be slightly closer to the front line than the neighbour's porch,which is approximately 1.5 feet back from the front lot line. 9. DECISION OF COMMITTEE (Motions) 2007-002 Moved by E. Ketchabaw Seconded by M. Taylor "THAT the Municipality of Bayham Committee of Adjustment receive Secretary- Treasurer's Report D2007-031; AND WHEREAS the proposed variance application, as amended, 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-01/07) by Elaine Becker, as amended,pursuant to Section 45 of the Planning Act for minor variances,is granted providing: • Relief from Section 4.26—Permitted Encroachments in Yards to permit a front yard setback of 0.3 metres,where 1.2 metres is required,to permit the addition of an open- sided roofed porch to the front of the cottage which allows for maximum enjoyment Page 3 of vistas of the beach and harbourfront while ensuring that such vistas are maintained for landowners to the north of the subject lands. Disposition: Motion Carried Unanimously 10. ADJOURNMENT 2007-003 Moved by W. Casier Seconded by M.Taylor "THAT the Committee of Adjustment Hearing for consideration of Application No.A-01/07 by Elaine Becker be adjourned at 6:50 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 o s l// /..� CAA '4 SECROARY-TREASURER Municipality of Bayham Resolution of Committee of Adjustment July 19,2007 — U a f Moved By: //f....) e Seconded By: �- ,/ 2------- / 3 "THAT Lynn Acre be appointed Chairman of the Committee of Adjustment Hearing for consideration of Application No. A-01107 submitted by Elaine Becker." %(/' CARRIED (&'1! DEFEATED SE'R ARY-TR ASURER SECRETARY-TREASURER Municipality of Bayham Resolution of Committee of Adjustment July 19, 2007 -- 00 a- Moved By: �� r Seconded By: / 9. �F Option 3 "THAT the Municipality of Bayham Committee of Adjustment receive Secretary- Treasurer's Report D2007-031; AND WHEREAS the proposed variance application, as amended,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-01107) by Elaine Becker, as amended, pursuant to Section 45 of the Planning Act for minor variances, is granted providing: • Relief from Section 4.26—Permitted Encroachments in Yards to permit a front yard setback of 03 metres,where 1.2 metres is required,to permit the addition of an open-sided roofed porch to the front of the cottage which allows for maximum enjoyment of vistas of the beach and harbourfront while ensuring that such vistas are maintained for landowners to the north of the subject lands. CARRIED , ; j i DEFEATED �•�� N w - CHAIRMAN Municipality of Bayham Resolution of Committee of Adjustment July 19, 2007 -- 00 3 Moved By: • r — Seconded By: 10. "THAT the Committee of Adjustment Hearing for consideration of Application No.A-01107 by Elaine Becker be adjourned at { �� ; AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." CARRIED 11 ,,Ai 1 , A DEFEATED f CH j IRMAN - CHAIRMAN