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HomeMy WebLinkAboutNovember 02, 2006 - Planning - Dyck .IUNICIPALITY OF BAYIIAM. COMMITTEE OF ADJUSTMENT PUBLIC MEETING MINUTES Thursday,November 2,2006 6:30 pm in the Council Chambers Bayham Municipal Office The Committee of Adjustment for the Municipality of Bayham met on November 2, 2006 at 6:30 p.m. in the Municipal Council Chambers to consider Application A-04/06, being an application by Corey and Lori-Lynn Dyck. In attendance were Mayor Lynn Acre,Deputy Mayor Mathew Schafer,Councillors Mark Taylor and Paul Ens,Cliff Evanitski,Administrator Kyle Kruger and Secretary-Treasurer Margaret Underhill. In attendance from the public as per the sign in sheet were applicants Cory and Lori-Lynn Dyck. 1. CALL TO ORDER Secretary-Treasurer Margaret Underhill called the meeting to Order at 6:30 p.m. 2. APPOINTMENT OF CHAIRMAN Secretary-Treasurer called for a motion to appoint the Chairman. 2006-007 Moved by M. Schafer Seconded by C.Evanitski "THAT Lynn Acre be appointed Chairman of the Committee of Adjustment Hearing for consideration of Application No.A-04/06 submitted by Corey and Lori-Lynn Dyck." 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. Chairman asked for anyone who was in attendance for this public meeting to please sign in at the podium. 4. APPLICATIONS a) A-04/06 Application by Corey and Lori-Lynn Dyck,owners of property located at Concession 10 North Part Lot 19,on the south side of Green Line and east of Talbot Line,for relief from Section 20.7 Minimum Side Yard Width to permit the construction of an addition to the west side of the existing residence. File: D13.DYCK 5. STAFF REPORT _ )06-053 The Secretary-Treasurer distributed t! copy of faxed correspondence received from the Ministry of Transportation (MTO) to each of the committee members. She explained that the MTO have no concerns with the application and that the applicants contact them for any required permits. She added that she had previously advised the applicants to contact the MTO. The Secretary-Treasurer continued with the presentation of Staff Report D2006-053, which outlines Municipal Staff comments and includes a memo dated October 26,2006 from IBI Group. She explained that the Minor Variance would permit relief from the minimum side yard width to permit a side yard setback of 3.0 metres, where 7.5 metres is required, to permit the construction of a two-car garage addition to the existing residence. She added that the minor variance would also recognize a reduced front yard setback of the existing residence of 11.3 metres, where 12.0 metres is required. She noted that the minor variances are considered to be minor and would maintain the general intent and purpose of the Zoning By-law and the Official Plan. The Secretary-Treasurer indicated that no written comments or concerns were received from the public on this application. 6. PRESENTATION BY APPLICANT/AGENT None. 7. PUBLIC COMMENTS No public persons in attendance. 8. COMMITTEE QUESTIONS AND DISCUSSION None 9. DECISION OF COMMITTEE (Motions) 2006-008 Moved by M.Taylor Seconded by C. Evanitski "THAT the Municipality of Bayham Committee of Adjustment receive Secretary-Treasurer's Report D2006-053; AND WHEREAS the proposed variances are considered minor and meet Section 45.(1) of the Plannin,r Act to qualify as minor variances to the regulations of Zoning By-law Z456-2003; THEREFORE the application identified as A-04/06 submitted by Corey and Lori-Lynn Dyck, pursuant to Section 45 of the Planning Act for minor variances,is granted to allow: • Relief from Section 20.7 — Minimum Side Yard Width to permit a side yard setback of 3.0 metres,where 7.5 metres is required,to permit the construction of a two-car garage addition to the west side of the existing residence • Relief from Section 20.6—Minimum Front Yard Depth to recognize the front yard setback of 11.3 metres,where 12.0 metres is required,for the existing residence Disposition: Motion Carried Unanimously 10. ADJOURNMENT 2006-009 Moved by P. Ens Seconded by M. Schafer "THAT the Committee of Adjustment Hearing for consideration of Application No.A-04!06 by Corey and Lori-Lynn Dyck be adjourned at 6:36 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 ./A_Ak_-• ,7/0?7, 7"7/--W CHAIRMAN j SIRE ARY-TREASURER Municipality of Bayham Resolution of Committee of Adjustment 4 November 2,2006 —00-7 Moved By: -G� 1 Seconded By: 1 , 3 "THAT Lynn Acre be appointed Chairman of the Committee of Adjustment Hearing for consideration of Application No. A-04/06 submitted by Corey and Lori-Lynn Dyck." `// CARRIED j, DEFEATED S 'RE:ARY-TREASURER SECRETARY-TREASURER Municipality of Bayham Resolution of Committee of Adjustment �� November 2, 2006 0 0 3 Moved By: /7 II Seconded BPrr' dOW , 11, 9. "THAT the Municipality of Bayham Committee of Adjustment receive Secretary- Treasurer's Report D2006-053; AND WHEREAS the proposed variances are considered minor and meet Section 45. (1) of the Planning Act to qualify as minor variances to the regulations of Zoning By-law Z456- 2003; THEREFORE the application identified as A-04!06 submitted by Corey and Lori-Lynn Dyck,pursuant to Section 45 of the Planning Act for minor variances, is granted to allow: • Relief from Section 20.7—Minimum Side Yard Width to permit a side yard setback of 3.0 metres,where 7.5 metres is required,to permit the construction of a two-car garage addition to the west side of the existing residence • Relief from Section 20.6—Minimum Front Yard Depth to recognize the front yard setback of 11.3 metres,where 12.0 metres is required,for the existing residence I CARRIED e _ r DEFEATED C • IRMAN CHAIRMAN Municipality of Bayham Resolution of Committee of Adjustment f ' November 2, 2006MovedB : Seconded By: .� . 10. "THAT the Committee of Adjustment Hearing for consideration of Application No.A-04106 by Corey and Lori-Lynn Dyck be adjourned at_ ([j Co'' Oin/\ r AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." CARRIED Al A; ,, ,, 1 0 DEFEATED r C. IRMAN CHAIRMAN .UNICIPALITY OF BAYHAM COMMITTEE OF ADJUSTMENT PUBLIC MEETING MINUTES APPLICATIONS A-02106 ABBOTT&A-03/06 STEYAERT/JANSSENS Thursday,March 2,2006 The Committee of Adjustment for the Municipality of Bayham met on March 2, 2006 at 6:30 p.m. in the Municipal Council Chambers to consider Applications A-02/06, being an application by Cuthbert and Marion Abbott and A-03/06,being an application by Peter,Yvonne Steyaert and Emile Janssens. In attendance were Mayor Lynn Acre,Deputy Mayor Mathew Schafer,Councillors Mark Taylor and Paul Ens,Cliff Evanitski,Administrator Kyle Kruger and Secretary-Treasurer Margaret Underhill. In attendance from the public as per the sign in sheet were Tony Csinos,Jim Wilgar and Ansar Gafur. 1. CALL TO ORDER Secretary-Treasurer Margaret Underhill called the meeting to Order at 6:32 p.m. and asked for anyone who was in attendance for this public meeting to please sign in at the podium. 2. APPOINTMENT OF CHAIRMAN Secretary-Treasurer called for a motion to appoint the Chairman. 2006-004 Moved by M. Schafer Seconded by P.Ens "THAT Lynn Acre be appointed Chairman of the Committee of Adjustment Hearing for consideration of Application No.A-02/06 submitted by Cuthbert and Marion Abbott and Application No.A-03/06 submitted by Peter&Yvonne Steyaert and Emile Janssens." 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-02/06 Application by Cuthbert&Marion Abbott,owner of property located at Concession 2 South Part Lot 26,on the north side of Glen Erie Line and the east side of Godby Road,for relief from Section 30.5 a)—Minimum Setbacks to recognize a setback of a wind turbine from an on-site residential use. File: D13.ABBO b) A-03/06 Application by Peter Steyaert, owner of property located at Concession I Part Lot 23 and west Part Lot 24,northside and southside of Lakeshore Line,west of Godby Road, for relief from Section 30.5 a)—Minimum Setbacks to recognize a setback of a wind turbine from an on-site residential use. File: D13.STEY 5. STAFF REPORTS - D2006-011 The Secretary-Treasurer reviewed the purpose of the applications as per Staff Report D2006-011,which outlines Municipal Staff comments and includes a memo dated February 22,2006 fromIBI Group. The Secretary-Treasurer explained that the applications were reviewed and are considered to be minor in nature. The Minor Variance would allow for the ideal location for the wind turbine use with the least amount of impact on agricultural activities. As well,the minor variances would maintain the general intent and purpose of the Zoning By-law and the Official Plan. 6. PRESENTATION BY APPLICANT/AGENT None 7. PUBLIC COMMENTS, MVIIT E'EE QUESTIONS ANI)DISCU )N T.Csinos— Were there building permits issued for these towers? K.Kruger— No building permits have been issued,only conditional permits have been issued for the bases. The applicant did proceed further than the conditional permit allowed. Should this committee refuse the minor variance then the towers would be required to be removed. T.Csinos- Was the site inspected by the Building Inspector when the conditional permits were issued? K.Kruger- All the liability is on the applicant at the conditional permit stage. T. Csinos- Is it general practice for Bayham,in the Official Plan,for the Building Inspector to go out and inspect for compliance to zoning? L.Acre- Yes it is. T.Csinos- When were we aware of the violation of the setbacks? M.Underhill- The applications were received on February 7,2006. T.Csinos- Please explain why the condition of 250 metres was put into place. K.Kruger- There are many reasons and circumstances that surround the establishing of these setbacks. The setbacks address such things as: safety,noise impact,esthetics,flicker and beacons. T. Csinos- So the condition to have a variance is because they are too close to residential? K.Kruger- The setback relief is from on-site residential. T.Csinos If the variance is granted have we not violated our own by-law? There has been a disregard for the rules. Another company has applied already and been refused and will be coming up again. These towers are on large properties. Glen Erie Line east has 23 houses and of the 23 only seven are connected directly to farming. The area has become urbanized. As long as a regulation is maintained at 250 metres none of these people have any say because the zoning by-law makes the rules. If the variance is granted, it leaves it open for any company to place wherever they want because this sets a precedent for the future. To protect the integrity of the Official Plan and the Zoning By-law policies,Bayham needs to order these towers to be moved to protect the public. J.Wilgar- It's very clear that Bayham and others have adhered to the policies and procedures. There are reasons why these variances are requested. The ultimate decision was up to the property owners to apply for the minor variances to follow the rules. It is inappropriate to say that we have disregard for rules. The request is legitimate. A.Gafur- There are provincial regulations that we have to adhere to in this project. There are setbacks from the province that have to be adhered to. There is a provincial C of A (Certificate of Air)that was obtained. The turbines can be closer to a landowner's home than they can be to an off-site residence. There are setbacks,as well,for the turbines from a non-participating landowner. T. Csinos- Can these landowners sever the houses as surplus? M.Underhill- There are several conditions that have to be met before a landowner can sever a surplus dwelling. K.Kruger- The Minor Variance makes the existing setbacks legal. Having a turbine on the property does not preclude further development of the property. Individual decisions take place for each application. Each application is considered on an individual basis. The minor variance does not throw out the setback requirements, the zoning by-law remains. Each application stands on its own merits. P.Ens- When were the footings poured and why have the owners waited until February to apply for the minor variance? J.Wilgar- Many circumstances occurred that led to the relocation of the tower. In respect to the final GPS location of each tower it was believed that these towers were in compliance. When we became aware of the problem there was a flurry of action to rectify the situation. We recognized that something had to be done and this led to discussions with the landowners, which led to discussion with Kyle Kruger. The property owners agreed to proceed with a minor variance. K.Kruger- Just to clarify,February 7,2006 was the date when the applications were filed at the office. Discussions took place with wind farm representatives and owners some time prior to that date. C. Evanitski- When the bases/footings were poured,did the CBO go out to inspect the site? K.Kruger- Inspection of the footings was done and footings were proper. Setback measurements.are not part of the initial inspection. M. Schafer- How far along are these towers? J.Wilgar- The bases are in and the first section is installed. M. Schafer- On a severance application it would be noted that a minor variance was issued on the property. A new owner would be made aware of the setbacks. K.Kruger- A minor variance would be registered on title. C.Evanitski- Could a condition be put on the property to prevent any future severance? K.Kruger- No legal avenue to preclude future severance. C.Evanitski- Protection for future owners needs to be put in place. M. Schafer- The setbacks as contained in the planner's report can differ from each municipality. The setbacks are established for Bayham. Each application is considered on an individual case and it does not set precedent. Each party would.have to argue the case but it would be up to a judge, if it went to court, to determine if there would be any adverse affect on the property. It is the owners who are seeking the minor variance here. M.Taylor- Are the setbacks from on-site residential use? M.Underhill—Yes,from on-site residential use. 8. COMMITTEE QUESTIONS AND DISCUSSION Included in Section 7 9. DECISION OF COMMITTEE(Motion) 2006-005 Moved by M. Schafer Seconded by M.Taylor "THAT the Municipality of Bayham Committee of Adjustment receive Secretary-Treasurer's Report D2006-011; AND WHEREAS the proposed variances are considered minor and meets Section 45,(1)of the Planning Act to qualify as a minor variance to the regulations of Zoning By-law Z456-2003; THEREFORE pursuant to Section 45 of the Planning Act for a minor variance,is granted to allow: a) Application A-02/06,submitted by Cuthbert and Marion Abbott • Relief from Section 30.5 — Minimum Setbacks to recognize a setback of a wind turbine from an on-site residential use of 230 metres,where 250 metres is required;AND b) Application A-03/06, submitted by Peter and Yvonne Steyaert and Emile Janssens • Relief from Section 30.5 a) —Minimum Setbacks to recognize a setback of a wind turbine from an on-site residential use of 219 metres,where 250 metres is required. Disposition:Motion Carried 10. ADJOURNMENT 2006-006 Moved by C.Evanitsld Seconded by P.Ens "THAT the Committee of Adjustment Hearing for consideration of Applications No.A-02/06,submitted by Cuthbert&Marion Abbott and Application No.A-03/06, submitted by Peter&Yvonne Steyaert and Emile Janssens be adjourned at 7:09 pm; AND '111AT in accordance with the regulations of the Planning Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." Disposition: Motion Carried Unanimously 7-1 :4 r u , .c C . • I SE RET RY-TREASURER Municipality of Bayham Resolution of Committee of Adjustment i( / / r March 2, 2006 — o o h Moved By: t �.,j`�,/'G, Seconded By: ____ _i/e_.' 6, 0<12 "THAT Lynn Acre be appointed Chairman of the Committee of Adjustment Hearing for consideration of Application No.A-02/06 submitted by Cuthbert and Marion Abbott and Application No. A-03/06 submitted by Peter&Yvonne Steyaert and Emile Janssens." /1‘4/0 CARRlE% fk DEFEATED ARP-TREASURER SECRETARY-TREASURER Municipality of Bayham Resolution of .'Cottee of Adjustment March 2, 2006 Moved By: .rte / ir Seconded By: ,f/'. �: 9. "THAT the Municipality of Bayham Committee of Adjustment receive Secretary- Treasurer's Report 1)2006-01.1.; AND WHEREAS the proposed variances are considered minor and meets Section 45. (1) of the Planninz Act to qualify as a minor variance to the regulations of Zoning By-law Z456- 2003; THEREFORE pursuant to Section 45 of the Planning Act for a minor variance,is granted to allow: a) Application A-02/06,submitted by Cuthbert and Marion Abbott • Relief from Section 30.5 a)—Minimum Setbacks to recognize a setback of a wind turbine from an on-site residential use of 230 metres,where 250 metres is required; AND b) Application A-03/06, submitted by Peter and Yvonne Steyaert and Emile Janssens • Relief from Section 30.5 a)—Minimum Setbacks to recognize a setback of a wind turbine from an on-site residential use of 219 metres,where 250 metres is required. CARRIED ,,.,--?'Cn; ;J (A.A.VW DEFEATED ClCITZMAN CHAIRMAN NO 7- L/iWi/Vinous Municipality of Bayham Resolution of Committee of Adjustment March 2, 2006 L- Moved By: is Il` Seconded By: _ 10. "THAT the Committee of Adjustment Hearing for consideration of Applications No.A-02106, submitted by Cuthbert&Marion Abbott and Application No.A-03/06, submitted by Peter&Yvonne Steyaert and Emile Janssens be adjourned at 1 :0 q pm; AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." • /) CARRIED of DEFEATED CHA '-� ' CHAIRMAN ,1UNICIPALITY OF BAYHAIt_ COMMITTEE OF ADJUSTMENT PUBLIC MEETING MINUTES APPLICATION A-01106 ERDT Thursday,February 16,2006 6:30 P.M.in the Council Chambers Bayham Municipal Office The Committee of Adjustment for the Municipality of Bayham met on February 16, 2006 at 6:30 p.m. in the Municipal Council Chambers to consider Application A-01/06, being an application by Hildegarde Erdt of Lot 39 Plan 12,Village of Port Burwell, 26 Chatham Street. In attendance were Mayor Lynn Acre, Deputy Mayor Mathew Schafer, Councillors Mark Taylor and Paul Ens, Cliff Evanitski, Administrator Kyle Kruger and Secretary-Treasurer Margaret Underhill. 1. CALL TO ORDER AND APPOINTMENT OF CHAIRMAN Secretary-Treasurer Margaret Underhill called the meeting to Order at 6:32 p.m. and called for a motion to appoint the Chairman. 2006-001 Moved by P.Ens Seconded by M. Schafer "THAT Lynn Acre be appointed Chairman of the Committee of Adjustment Hearing for consideration of Application No.A-01/06 submitted by Hildegarde Erdt." Disposition: Motion Carried Unanimously 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No Member of the Committee disclosed a pecuniary interest and the general nature thereof. 3. APPLICATION A-01/06 Application by Hildegarde Erdt, owner of property located at 26 Chatham Street in Plan 12 Lot 39 in the Village of Port Burwell,for relief from Section 10.8—Minimum Front Yard Depth and Section 10.9 Side Yard Width in the Village Residential(R1)Zone to recognize a front yard setback and exterior side yard setback on an existing dwelling. File: D13.ERDT 4. STAFF REPORT D2006-008 The Secretary-Treasurer reviewed the purpose of the application, and the submitted staff report outlining Municipal Staff comments and memo dated January 6,2006, from Cumming Cockburn Ltd/IBI Group. 6. PRESENTATION BY APPLICANT/AGENT The Chairman confirmed that there were no persons from the public in attendance for this application. 7. PUBLIC COMMENTS The Secretary-Treasurer confirmed that no objections or comments had been received from the public regarding this application. Committee of Adjustment Min. —Erdt -2— February 16,2006 8. COMMITTEE QUESTIONS AND DISCUSSION P. Ens asked if the roof overhang posed a problem with the 0.14 metre setback. The Secretary-Treasurer stated that it does not pose a problem with this road allowance. M. Schafer added that there is a sidewalk that runs along this side between the cottage and the traveled portion of the street. 9. DECISION OF COMMITTEE 2006-002 Moved by M.Schafer Seconded by M.Taylor "THAT the Municipality of Bayham Committee of Adjustment receive Secretary- Treasurer's Report D2006-008; AND WHEREAS the proposed variance is considered minor and meets 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-01/06)by Hildegarde Erdt,pursuant to Section 45 of the Planning Act for a minor variance,is granted to allow: • Relief from Section 10.8 — Minimum Front Yard Depth to recognize a front yard setback on an existing dwelling of 2.4 metres, where 7.0 metres is required; and • Relief from Section 10.9 - Side Yard Width to recognize an exterior side yard setback on the same dwelling of 0.14 metres,where 4.5 metres is required Disposition: Motion Carried Unanimously 10. ADJOURNMENT 2006-003 Moved by M. Schafer Seconded by P. Ens "THAT the Committee of Adjustment Hearing for consideration of Application No. A-01/06 by Hildegarde Erdt be adjourned at 6:40pm; 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 z "Y. / y",&) aeA, CHAI N EC TARY-TREASURER Municipality of Bayham Resolution of Committee of Adjustment February 16, 2006 (3°/ Moved By: '41 Seconded By: /, 4, r:3 "THAT Lynn Acre be appointed Chairman of the Committee of Adjustment Hearing for consideration of Application No. A-01106 submitted by Hildegarde Erdt." CAR' D ' �� J, DEFEATED S ' ARY-TREASURER SECRETARY-TREASURER Municipality of Bayham Resolution of o ittee of Adjustment February 16, 2006 Moved By: 4 ; Seconded By: ,/el. ,, '` 9. "THAT the Municipality of Bayham Committee of Adjustment receive Secretary- Treasurer's Report D2006-008; AND WHEREAS the proposed variance is considered minor and meets 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-01/06) by Hildegarde Erdt,pursuant to Section 45 of the Planning Act for a minor variance,is granted to allow: • Relief from Section 10.8—Minimum Front Yard Depth to recognize a front yard setback on an existing dwelling of 2.4 metres,where 7.0 metres is required; and • Relief from Section 10.9 - Side Yard Width to recognize an exterior side yard setback on the same dwelling of 0.14 metres,where 4.5 metres is required CARRIED // A, ; , A DEFEATED or A ' AN CHAIRMAN Municipality of Bayham Resolution of Committee of Adjustment Moved By:� . . February 16, 2006 f Seconded By: �I° 10. "THAT the Committee of Adjustment Hearing for consideration of Application No.A-01/06 by Hildegarde Erdt be adjourned at w . go p ; AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." CARRIED , A 1 a A DEFEATED "CSI'MAN CHAIRMAN V