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HomeMy WebLinkAboutNovember 03, 2005 - Planning - Ward TJNICIPALITY OF BAYHAM COMMITTEE OF ADJUSTMENT PUBLIC MEETING MINUTES Thursday,November 3,2005 6:30 P.M.in the Council Chambers Bayham Municipal Office The Committee of Adjustment for the Municipality of Bayham met on November 3, 2005 at 6:30 p.m. in the Municipal Council Chambers to consider Application A-04/05, being an application by Paul Ward of Concession NTR Part Lot 112, 9443 Richmond Road. 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 6:30 p.m. and called for a motion to appoint the Chairman. Moved by C.Evanitski Seconded by M.Schafer "THAT Lynn Acre be appointed Chairman of the Committee of Adjustment Hearing for consideration of Application No.A-04/05 by Paul Ward." 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-04/05 Application by Paul Ward, owner of property located at 9443 Richmond Road in Part Lot 112 Concession NTR in the Hamlet of Richmond, for relief from Section 9.1 —Permitted Uses in the Hamlet Residential(HR)Zone to allow for an existing garage and garden shed as main permitted uses on a residential parcel File: Dl3.WARD 4. STAFF REPORT D2005-053 The Secretary-Treasurer reviewed the purpose of the application, and the submitted staff report outlining Municipal Staff comments and comments dated September 30,2005, from Cumming Cockburn Ltd. 6. PRESENTATION BY APPLICANT/AGENT The Chairman confirmed that no one was 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. 8. COMMITTEE EE QUESTIONS AND DISCUSSION Committee Member Councillor Ens questioned as to the follow-up required to ensure that the buildings were demolished when a new dwelling was constructed. The Secretary- Committee of Adjustment Minut Ward 2— November 3,2005 Treasurer clarified that the buildings were not intended to be demolished but that the application requested that the garage and garden shed be allowed to remain as main permitted uses on the residential parcel until such time as a residence is constructed. When the residence is constructed, the single-family dwelling is the main permitted use and the garage and shed would be accessory buildings. Committee Chairman Mayor Acre asked for clarification of`personal storage only". The Secretary-Treasurer explained that by including"for personal storage only"it would ensure that the buildings were used by Mr. Ward and not rented or leased out to someone else for use. 9. DECISION OF COMMITTEE Moved by M. Schafer Seconded by C.Evanitski "THAT the Municipality of Bayham Committee of Adjustment receive Secretary- Treasurer's Report D2005-053; 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 2456-2003 Section 9.1 —Permitted Uses; THEREFORE the application (A-04/05) by Paul Ward, pursuant to Section 45 of the Planning Act for a minor variance, is granted to allow: • Relief from Section 9.1 — Permitted Uses of the Zoning By-law Z456-2003 to permit an existing garage and garden shed as main permitted uses for personal storage use only until such time as a dwelling is constructed on the lands." Disposition: Motion Carried Unanimously 10. ADJOURNMENT Moved by C. Evanitski Seconded by P. Ens "THAT the Committee of Adjustment Hearing for consideration of Application No. A-04105 by Paul Ward be adjourned at 6:35 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 Qe../ CHAI S 'CRE ARY-TREASURER >1 Municipality of Bayham Resolution of Committee of Adjustment Il Nov 3, 2005 Moved By: 44 Seconded By: Agri!:"- 3 "THAT Lynn Acre be appointed Chairman of the Committee of Adjustment Hearing for consideration of Application No.A-04105 submitted by Paul Ward." CARRIED : e/ / DEFEATED SE ' E • ' Y-TREASURER SECRETARY-TREASURER Municipality of Bayham Resolution of Committee of Adjustment Nov 3, 2005 Moved By: _ Seconded :y: a 9. "THAT the Municipality of Bayham Committee of Adjustment receive Secretary- Treasurer's Report D2005-053; 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 Section 9.1—Permitted Uses; THEREFORE the application (A-04/05) by Paul Ward,pursuant to Section 45 of the Planning Act for a minor variance,is granted to allow: • Relief from Section 9.1 —Permitted Uses of the Zoning By-law Z456-2003 to permit an existing garage and garden shed as main permitted uses for personal storage use only until such time as a dwelling is constructed on the lands." kJ CARRIE• / sA t DEFEATED AIRMA_ CHAIRMAN Municipality of Bayham Resolution of Committee of Adjustment Nov 3, 2005 Moved By: Seconded By: Y 10. "THAT the Committee of Adjustment Hearing for consideration of Application No.A- 04/05 by Paul Ward be adjourned at p ; AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." CARRIED A t, _ I DEFEATED Tr AN CHAIRMAN IUNICIPALITY OF BAYHAIV COMMITTEE OF ADJUSTMENT MINUTES 6:30 p.m. Thursday,July 21,2005 The Committee of Adjustment for the Municipality of Bayham met on July 21, 2005 at 6:30 p.m. in the Municipal Council Chambers to consider Application A-03/05, being an application by Marianne Beausoleil of Concession 9 Part Lot 22,56874 Eden Line. In attendance were Mayor Lynn Acre, Deputy Mayor Mathew Schafer, Councillors Mark Taylor and Paul Ens, Cliff Evanitski,Administrator Kyle Kruger and CBO Dwayne Daniel. Also in attendance representing the applicant was Brad Beauseleil. 1. CALL TO ORDER AND APPOINTMENT OF CHAIRMAN The meeting was called to Order at 6:30 p.m. and called for a motion to appoint the Chairman. Moved by: Matt Schafer Seconded by: Cliff Evanitski "THAT Lynn Acre be appointed Chairman of the Committee of Adjustment Hearing for consideration of Application No.A-03/05 submitted by Marianne Beausoleil." Disposition: Motion Carried Unanimously 2. APPOINTMENT OF ACTING SECRETARY-TREASURER Moved by: Cliff Evanitski Seconded by: Matt Schafer "THAT Kyle Kruger be appointed Acting Secretary-Treasurer of the Committee of Adjustment Hearing for consideration of Application No. A-03/05 submitted by Marianne Beausoleil." 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-03/05 Application by Marianne Beausoleil,owner of property located at 56874 Eden Line in Part Lot 22 Concession 9 in the Hamlet of Eden,for relief from Section 9.7- Maximum Floor Area for an Accessory Building in the Hamlet Residential(HR) Zone of 75 m2(807 sq.ft.)to allow for the construction of storage garage with a ground floor area of 81.3 m2 (875 sq.ft.),relief of 6.3 m2(67.8 sq.ft) File: D13.BEAU 5. STAFF REPORT D2005-040 The Acting Secretary-Treasurer reviewed the purpose of the application, and the submitted staff report outlining Municipal Staff comments and comments dated July 15, 2005 from Cumming Cockburn Ltd. 6. PUBLIC COMMENTS The Chairman confirmed that no one from the public in attendance wished to comment. Committee of Adjustment MIA—es–Beausoleil - 2_ July 21, 2005 7. COMMITTEE QUESTIONS AND DISCUSSION None 8. DECISION OF COMMITTEE Moved by: Cliff Evanitski Seconded by Matt Shafer "THAT the Municipality of Bayham Committee of Adjustment receives report D2005-040; AND WHEREAS the Committee agrees with the Memorandum dated July 15, 2005 from Cumming Cockburn 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 Zoning By-law Z456-2003 Section 9.7-Maximum Floor Area for an Accessory Building and that this variance is considered minor; THEREFORE the application (A-03/05) submitted by Marianne Beausoleil, pursuant to Section 45 of the Planning Act for a minor variance,is granted to allow: • Relief from the Maximum Floor Area for an Accessory Building in the Hamlet Residential(IIR)Zone requirement of 75 m2 (807 sq.ft.) to 81.3 m2 (875 sq.ft.)to allow for the construction of an accessory building on a parcel located at 56874 Eden Line in Part Lot 22 Concession 9 in the Hamlet of Eden." Disposition: Motion Carried Unanimously 9. ADJOURNMENT Moved by C. Evanitski Seconded by M. Schafer "THAT the Committee of Adjustment Hearing for consideration of Application No. A-03/05 by Marianne Beausoleil be adjourned at 6:37 p.m.; AND THAT in accordance with the regulations of the PIanning Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." Disposition: Motion Carried Unanimously gIL)CHAIRAtiN SEC ARY-T EAS R Municipality of Bayham Resolution of Committee of Adjustment fJuly 21, 2005 Moved By:_ :eeond :y: "THAT L1'1J j\CR-1 be appointed Chairman of the Committee of Adjustment73earing for consideration of Application No.A-03/05 submitted by Marianne Beausoleil." CARRIE 9411PA L _ _ DEFEATED S w' '' Y-TRE SURER SECRETARY-TREASURER / , Municipality of Bayham Resolution of Committee of Adjustment July 21, 2005 Moved By: , . , _ _ Seconded By: i _ 2 "THAT L e." '� 0,_G-6 be appointed Acting Secretary- Treasurer o(1t e Committee of Adjustment Hearing for consideration of Application No.A-03/05 submitted by Marianne Beausoleil." CARRIED . AAA A _L AI DEFEATED Air MAN CHAIRMAN Municipality of Bayham Resolution of Committee of Adjustment 1 ; July 21, 2005 Moved B y: Seconded By: API:OAPfflr 9. "THAT the Municipality of Bayham Committee of Adjustment receives report D2005-040; AND WHEREAS the Committee agrees with the Memorandum dated July 15,2005 from Cumming Cockburn 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 Zoning By-law Z456- 2003 Section 9.7 -Maximum Floor Area for an Accessory Building and that this variance is considered minor; THEREFORE the application (A-03/05) submitted by Marianne Beausoleil,pursuant to Section 45 of the Planning Act for a minor variance, is granted to allow: • Relief from the Maximum Floor Area for an Accessory Building in the Hamlet Residential(HR) Zone requirement of 75 m2(807 sq.ft.) to 81.3 m2 (875 sq.ft.) to allow for the construction of an accessory building on a parcel located at 56874 Eden Line in Part Lot 22 Concession 9 in the Hamlet of Eden." I CARRIED 4 t / r ►.EFEATED C •N CHAIRMAN Municipality of Bayham Resolution of Committee of Adjustment /If / July 21, 2005 Moved By: Seconded By: 1 ..1 10. "THAT the Committee of Adjustment Hearing for cpnsideration of Application No.A- 03/05 by Marianne Beausoleil be adjourned at_ [Q e 3 7 ; AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." CARRIED A Ai„ ,_ A r DEFEATED ' N CHAIRMAN „iUNICIPALITY OF BAYHAM COMMITTEE OF ADJUSTMENT MINUTES 6:30 p.m. Thursday,July 7,2005 The Committee of Adjustment for the Municipality of Bayham met on July 7, 2005 at 6:30 p.m. in the Municipal Council Chambers to consider Application A-02/05, being an application by Abraham and Emma Peters of Concession 8 Part Lot 7, 54473 Eden Line. 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. Also in attendance was the Applicants' appointed Agent, David Roe, Civic Planning Solutions Inc.. 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. "THAT Lynn Acre be appointed Chairman of the Committee of Adjustment Hearing for consideration of Application No.A-02/05 by Abraham and Emma Peters.” 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-02/05 Application by Abraham and Emma Peters, as represented by their agent David Roe,owners of Part Lot 7, Concession 8,known municipally as 54473 Eden Line, for relief from minimum lot frontage requirement of Hamlet Residential(HR) Zone,Zoning By-law Z456-2003 Section 9.3 of 22.0 metres to proposed frontage of 20.14 metres,relief will be 1.86 metres. File: D13 PETERS 5. STAFF REPORT D2005-038 The Secretary-Treasurer briefly explained the purpose of the application. The Secretary- Treasurer explained that the applicants were requesting a minor variance for the reduced lot frontage along Eden Line. The map included with the application indicates that the property borders Provincial Highway 3 (Talbot Line),however, as a condition of the current severance application E46/05,the MTO has requested a 1-foot reserve along Highway 3 (Talbot Line). Therefore,the only frontage is along Eden Line. As per the memorandum dated June 22, 2005 from Cumming Cockburn Ltd.,the variance is considered minor. 6. PRESENTATION BY APPLICANT/AGENT The applicants were not present but were represented by their Agent, David Roe, Civic Planning Solutions Inc. Mr. Roe explained the reason for the request for relief from the minimum lot frontage requirement and gave further explanation as to the condition of severance by MTO for the 1-foot reserve along Highway 3. 7. PUBLIC COMMENTS No Comments Committee of Adjustment Minuses—Peters - 2— July 7, 2005 8. COMMITTEE QUESTIONS AND DISCUSSION None 9. DECISION OF COMMITTEE Moved by M. Schafer Seconded by M. Taylor "THAT the Municipality of Bayham Committee of Adjustment receives report D2005- 038; AND WHEREAS the Committee agrees with the Memorandum dated June 22,2005 from Cumming Cockburn Ltd.,which states that the proposed variances meet Section 45.(1) of the Planning Act to qualify as minor variances to the regulations of the minimum lot frontage of the hamlet Residential(HR) Zone that this variance is considered minor; THEREFORE the application(A-02/05)by Abraham and Emma Peters,pursuant to Section 45 of the Planning Act for a minor variance is granted to allow: • Relief from the Minimum Lot Frontage requirement for the proposed retained parcel to 20.14 metres (66.08 feet) as opposed to the required 22.0 metres (72.18 feet) frontage where no public water or sanitary sewers exist, relief will be 1.86 metres (6.1 feet) Disposition: Motion Carried Unanimously 10. ADJOURNMENT Moved by C. Evanitski Seconded by M. Schafer "THAT the Committee of Adjustment Hearing for consideration of Application No. A-02/05 by Abraham and Emma Peters be adjourned at 6:39 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 .' -41J atAL _ lit � c ::L/9107 CH, r' :/� S RE ARY-TREASURER -UNICIPALITY OF BAYIAM COMMITTEE OF ADJUSTMENT MINUTES 6:30 p.m. Thursday,May 5,2005 The Committee of Adjustment for the Municipality of Bayham met on May 5, 2005 at 6:30 p.m. in the Municipal Council Chambers to consider Application A-01/05, being an application by Neil and Virginia Whyte of Concession 7 N.T.R.Part Lots 121 & 122 at 8921 Stewart Road. In attendance were Mayor Lynn Acre, Deputy Mayor Mathew Schafer, Councillors Mark Taylor and Paul Ens, Administrator Kyle Kruger and Secretary-Treasurer Margaret Underhill. Absent: Councillor Cliff Evanitski Also in attendance was Applicant Neil Whyte. 1. CALL TO ORDER AND APPOINTMENT OF CHAIRMAN Secretary-Treasurer Margaret Underhill called the meeting to Order at 6:35 p.m. and called for a motion to appoint the Chairman. "THAT Lynn Acre be appointed Chairman of the Committee of Adjustment Hearing for consideration of Application No.A-01/05 by Neil and Virginia Whyte." 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-01/05 Application by Neil and Virgina Whyte, owners of Part Lots 121 & 122, Concession 7 N.T.R.,known municipally as 8921 Stewart Road,to recognize a front yard setback on an existing garage of 5 metres,where 15 metres is required;AND to allow the construction of an accessory building with a front yard setback of 8.8 metres,where 15 metres is the required setback, as stated in the Municipality of Bayham Zoning By-law No.Z456-2003. File: D13 WHYT 5. STAFF REPORT D2005-018 The Secretary-Treasurer briefly explained the purpose of the application. The Secretary- Treasurer explained that the applicants were requesting a minor variance for the existing garage and to allow for the construction of an accessory building. Cumming Cockburn Limited, Planning Consultants for the Municipality, stated in their memo dated April 28, 2005 that the proposed variances do qualify as minor variances and would not require a zoning by-law amendment. The Secretary-Treasurer informed the Committee that the Long Point Region Conservation Authority notified the municipality that they have no concerns regarding the area intended for the accessory building. 6. PRESENTATION BY APPLICANT/AGENT No Comments 7. PUBLIC COMMENTS No Comments Committee of Adjustment Miry.. .s - Whyte 2— May 5, 2005 8. COMMITTEE QUESTIONS AND DISCUSSION Q - Councillor Schafer asked how many acres are actually buildable? A-Mr. Whyte responded by saying that the house and garage sit on approximately 3.5 acres out of the 15 acres. The house and garage are in the middle of the 3.5 acres on a plateau. Q—Councillor Schafer asked about the existing garage and the fact that it doesn't abide by the required setbacks and was there an issue at the time of construction? A—Mr. Whyte responded by saying that discussions occurred between the contractor and the Building Inspector at the time of construction. Mr.Whyte didn't become aware of the setback issue on the existing garage until they started looking into the construction of the new building. Mr. Whyte said he felt that this was an opportunity to deal with the existing garage at the same time. 9. DECISION OF COMMITTEE Moved by M. Schafer Seconded by M. Taylor "THAT the Municipality of Bayham Committee of Adjustment receive report D2005-018; AND WHEREAS the Committee agrees with the Memorandum dated April 28,2005 from Cumming Cockburn Ltd.,which states that the proposed variances meet Section 45.(1) of the Planning Act to qualify as minor variances to the regulations of the front yard depth of the Al Zone and that this variance is considered minor; THEREFORE the application (A-01/05) by Neil and Virginia Whyte,pursuant to Section 45 of the Planning Act for a minor variance to allow: • Relief from the Front Yard Setback requirement to 5.0 metres (16.4 feet) as opposed to the required 15.0 metres (49.21 feet) setback for an existing garage be approved and • Relief from the Front Yard Setback requirement to 8.8 metres (29 feet) as opposed to the required 15.0 meters (49.21 feet) setback to allow for the construction of an accessory building be approved. Disposition: Motion Carried Unanimously 10. ADJOURNMENT Moved by M. Schafer Seconded by P. Ens "THAT the Committee of Adjustment Hearing for consideration of Application No. A-01/05 by Neil and Virginia Whyte be adjourned at 6:44 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 1/46// 1//2 CHA C TARY-TREASURER Municipality of Bayham Resolution of Committee of Adjustment May 5, 2005 Moved By: af,Pez:, : Seconded By: 1 "THAT L1', ,2 Air be appointed Chairman of the Committee of Adjdstment Hearing for consideration of Application No. A-01/05 by Neil and Virginia Whyte." CARRIED 'A DEFEATED • ' AN CHAIRMAN Municipality of Bayham Resolution of Committee of Adjustment ` May 5, 2005 Moved By: k; • �� Seconded By f 9. "THAT the Municipality of Bayham Committee of Adjustment receive report D2005-018; AND WHEREAS the Committee agrees with the Memorandum dated April 28, 2005 from Cumming Cockburn Ltd.,which states that the proposed variances meet Section 45.(1) of the Planninr Act to qualify as minor variances to the regulations of the front yard depth of the Al Zone and that this variance is considered minor; THEREFORE the application (A-01/05) by Neil and Virginia Whyte,pursuant to Section 45 of the PIanning Act for a minor variance to allow: • Relief from the Front Yard Setback requirement to 5.0 metres (16.4 feet) as opposed to the required 15.0 metres (49.21 feet) setback for an existing garage be approved and • Relief from the Front Yard Setback requirement to 8.8 metres (29 feet) as opposed to the required 15.0 meters (49.21 feet) setback to allow for the construction of an accessory building be approved. CARRIED AO / di , t DEFEATED H • N CHAIRMAN Municipality of Bayham Resolution of Committee of Adjustment May 5, 2005 Moved By,....;X-- /-7 - Seconded By: 10. "THAT the Committee of Adjustment Hearing for consideration of Application No. A-01/05 by Neil and Virginia Whyte be adjourned at Co °4 y W r • ; AND THAT in accordance with the regulations of the Planning Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." CARRIE ft � A e/ DEFEATED �� IRMAN CHAIRMAN