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HomeMy WebLinkAboutJanuary 08, 2004 - Planning - The Canadian Sportsman Ltd. MUNICIPALITY OF BAYHA COMMITTEE OF ADJUSTMENT MINUTES 6:30 p.m. Thursday,January 8, 2004 The Committee of Adjustment for the Municipality of Bayham met on January 8,2004 at 6:30 p.m. in the Municipal Committee Room to consider Application A-2/03,being an application by Reid& Deleye Contractors Ltd. for The Canadian Sportsman Ltd. of Plan 205 Lot 9 Lots 10-12 Lot 7 at 9405 Plank Road,Village of Straffordville. In attendance were Mayor Lynn Acre, Deputy Mayor Mathew Schafer, Councillors Mark Taylor, Paul Ens and Cliff Evanitski, Administrator Kyle Kruger, Chief Building Official Dwayne Daniel and Secretary-Treasurer Margaret Underhill. Also in attendance were Gary Foerster of The Canadian Sportsman and Brad Good of Reid & Deleye Contractors Ltd. 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 for the Committee of Adjustment for January 8,2004." 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-2/03 Application by The Canadian Sportsman,2021580 Ontario Inc.,owners of Plan 205 Lot 9 Lots 10— 12 Lot 7 at 9405 Plank Road in the Village of Straffordville,to permit a North Side Yard Setback of 4.0 metres (13.12 feet) as opposed to the required 6.0 metres(19.68 feet) setback as stated in the Municipality of Bayham Zoning By-law No. Z456-2003. File: D13 5. STAFF REPORT D2004-01 The Secretary-Treasurer briefly explained the purpose of the application. The Secretary- Treasurer explained that the orientation of the proposed addition would cause a corner of the building to encroach the 6.0 metres setback on the north side of the property. The application was discussed previously with Cumming Cockburn Limited,Planning Consultants for the Municipality,and it was determined that a minor variance should be sought. The minor variance application is to reduce the 6.0 metres setback to 4.0 metres on the north side of the property to accommodate the addition. The Planners comments stated that the proposed addition is located no closer than existing portions of the building to the north side lot line. Therefore the variance is considered minor and would not require a zoning by-law amendment. 6. PRESENTATION BY APPLICANT/AGENT No Comments Committee of Adjustmei. Minutes - 2 — January 8, 2004 7. PUBLIC COMMENTS No Comments 8. COMMITTEE QUESTIONS AND DISCUSSION Councillor Evanitski asked Gary Foerster and Brad Good if the addition has to be constructed as proposed or could the corner be cut back to avoid the encroachment. Brad Good replied that due to the frame design and roof structure it has be framed and constructed as the proposal shows. 9. DECISION OF COMMITTEE Moved by M. Schafer Seconded by P. Ens "WHEREAS the Committee agrees with the Memorandum dated January 5, 2004 from Cumming Cockburn Ltd which states that since the side yard setbacks adjacent to the surrounding residential zones are being maintained and the proposed addition is located no closer than existing portions of the building to the north side lot line this variance is considered minor; "THEREFORE the application (A-2/03) by Reid and Deleye Contractors Ltd,Agent for The Canadian Sportsman, pursuant to Section 45 of the Planning Act for a minor variance to allow: • Relief from the North Side Yard Setback requirement to 4.0 metres (13.12 feet) as opposed to the required 6.0 metres (19.68 feet)setback on Plan 205 Lot 9 Lots 10—12 Lot 7 at 9405 Plank Road in the Village of Straffordville be approved" 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- 2/03 by The Canadian Sportsman Limited 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 C : • rapy SE RETARY-TREASURER Municipality of Bayham Resolution of Crinmeil rmmi kd cr) /duce Ime/7/- / /' G/ 7 January 8, 2004 Moved By: - _ Seconded By: t, "T TJX CRc he 4 /rn4/ �f7 1r r -�'fi ' +mr�i/74-er., Npt ,s17-ner 7 Januar d-00 C1 ,, I CARRIED. As._., _1 t DEFEATED Municipality of Bayham Resolution of / / ;ttee of Adjustment � January 8, 2004 Moved By: l' f`( (,. Seconded ley: �c rte.-./ 9. "WHEREAS the Committee agrees with the Memorandum dated January 5, 2004 from Cumming Cockburn Ltd.which states that since the side yard setbacks adjacent to the surrounding residential zones are being maintained and the proposed addition is located no closer than existing portions of the building to the north side lot line this variance is considered minor; "THEREFORE the application (A2/03) by Reid and Deleye Contractors Ltd.,Agent for The Canadian Sportsman,pursuant to Section 45 of the Planning Act for a minor variance to allow: • Relief from the North Side Yard Setback requirement to 4.0 metres (13.12 feet) as opposed to the required 6.0 metres (19.68 feet) setback on Plan 205 Lot 9 Lots 10—12 Lot 7 at 9405 Plank Road in the Village of Straffordville be approve!' CARRIED / A' A ,A A _ ! DEFEATED H til' ' N CHAIRMAN Municipality of Bayham Resolution of Committee of Adjustment 11 January 8,2004 Moved By: 1,11 _ I, r` r Seconded By: `�`'` , ''� 10. "THAT the Committee of Adjustment Hearing for consideration of Application No. A-2/03 by The Canadian Sportsman Limited be adjourned at (p ' ,10( p vv', ; AND THAT in accordance with the regulations of the PIanning Act,Notices of Decision be circulated by the Secretary-Treasurer accordingly." CARRIED 'A/�AN I DEFEATED CHAIRMAN