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HomeMy WebLinkAboutJuly 15, 1999 - Planning - Norman MUNICIPALITY OF BAYHAM COMMITTEE OF ADJUSTMENT MINUTES 6:00 P.M. Thursday,July 15, 1999 The Committee of Adjustment for the Municipality of Bayham met on July 15, 1999 at 6:00 p.m. in the Municipal Committee Room to consider Application A-3/99, being an application by Bob Hall, Gloin, Hall& Shields, Banisters & Solicitors for David & April Norman, Owners of Lot 36, Registered Plan 12, 49 Shakespeare Street, Port Burwell. In attendance were Chairman Deputy Mayor John Nezezon, Mayor Max Stewart, Councillor Cliff Evanitski, Councilor David Mason, Chief Building Official Dwayne Daniel and Secretary-Treasurer Maureen Beatty. Regrets were received from Councillor Matt Schafer (vacation). Also in attendance were Bob Hall, Gloin, Hall & Shields, Barrister& Solicitor, April Norman, Mr. Norman Sr., Ken and Mary Roesch. 1. CALL TO ORDER Councillor Nezezon called the meeting to Order. 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. CONFIRMATION OF MINUTES Moved by C. Evanitski Seconded by M. Stewart "THAT the Minutes of the Committee of Adjustment Hearing held March 18th, 1999 be hereby confirmed." Disposition: Motion Carried Unanimously 4. APPLICATION A-3/99 Application by David and April Norman, owners of Lot 36, Registered Plan 12—49 Shakespeare Street in Port Burwell to permit a Front Yard setback of 3.2 metres (10.498 feet) as opposed to the required 7.5 metres (24,60 feet) setback as stated in the Village of Port Burwell Zoning By-law 91-03. File: D13 5. STAFF REPORT The Secretary-Treasurer briefly explained the purpose of the application and reported that the matter was first brought to the attention of staff at the time the property was being purchased by the Norman's from the Roesch's. She had discussed the matter with Cumming Cockburn Limited, Planning consultants for the Municipality and it was determined that a minor variance should be sought. The Chief Building Official added that in 1996, an occupancy permit had been issued by the former Building Official for Port Burwell. Subsequently, further deficiencies were corrected and a second occupancy permit was issued by himself in 1998. COMMITTEE OF ADJUSTMENT 2 July 15, 1999 MINUTES 5. STAFF REPORT (continued) He noted that the building permit application had made reference to a renovation, however, Mr. Roesch pointed out that the building had been completely rebuilt and was set back further from the lot line. However, it still did not meet the front yard setback. Mr. Roesch added that the work was completed as directed by a former building inspector and the setback was in keeping with others on the street. 6. PRESENTATION BY APPLICANT Mr. Hall, Gloin, Hall & Sheilds spoke at length about the matter and distributed a copy of a 1989 survey showing the location of the previous structure. He noted that many changes were made during the construction process. He reiterated that the house and porch were constructed in keeping with the established lot lines along the road and suggested that in the consolidation of the three municipal by-laws, Council should consider including a statement that all established building setbacks are acceptable. Given that permits had been issued and there was no previous request for minor variance, he requested that a full or partial reimbursement of the application fee be granted. 7. PUBLIC COMMENTS None 8. COMMITTEE QUESTIONS AND DISCUSSION Mayor Stewart indicated that he believes that honest mistakes were made and suggested that perhaps reimbursement of 50% of the application fee should be considered. He later agreed to a full reimbursement. Councillor Davis Mason confirmed that the house is visibly in line with the rest of the houses on the street and did not see any problem with approving the application with full reimbursement of the application fee. 9. DECISION OF THE COMMITTEE Moved by D. Mason Seconded by M. Stewart "THAT Application A-3/99 by David and April Norman, Owners, Lot 36, Registered Plan 12, municipal address 49 Shakespeare Street, Port Burwell, pursuant to Section 45 of the Planning Act for a minor variance to allow a 3.2 m setback(10.498 ft) as opposed to the required 7.5 m setback(24.60 ft) with regard to an existing porch attached to an existing residential dwelling be approved; AND THAT the full application fee be refunded to Gloin Hall and Shields, Barristers & Solicitors." Disposition: Motion Carried Unanimously COMMITTEE OF itl).TUSTMENT 3 July 15, 1999 MINUTES 10. ADJOURNMENT Moved by C. Evanitski Seconded by D. Mason "THAT the Committee of Adjustment Hearing be adjourned at 6:19 p.m.; AND THAT in accordance with the regulations of the Planning Act, Notices of Decision be circulated by the Secretary-Treasurer accordingly." CHAIR SECRETARY TREASURER MUNICIPALITY OF BAYHAM COMMITTEE OF ADJUSTMENT MINUTES 6:00 P.M. March 18,1999 The Committee of Adjustment for the Municipality of Bayham met on March 18, 1999 at 6:00 p.m. in the Municipal Committee Room to consider two applications - A/1-99, being an application by Peter Klassen, Klassen Auto Parts, Owner of Part 1, Reference Plan 11R-4858, South West corner of heritage Line and Plank Road in Straffordville; and A-2/99, being an application by Harry and Grace Schipper, owners of Part Lots 110 and 111, Concession 7, North Talbot road(NTR). In attendance were Councillor John Nezezon, Chairman, Mayor Max Stewart, Deputy Mayor Jack Petrie and Councillor CliffEvanitski, Administrator-Treasurer Lynn S. Buchner, Chief Building Official Dwayne Daniel and Secretary-Treasurer Maureen Beatty. Regrets were received from Councillor Mason, (vacation). Also in attendance were Harry and Grace Schipper, John&Adrian Klassen, representing Peter Klassen and Sylvere VanGulck. 1. CALL TO ORDER Councilor Nezezon called the meeting to Order. 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. CONFIRMATION OF MINUTES Moved by M. Stewart Seconded by J. Petrie "THAT the Minutes of the Committee of Adjustment Hearing held February 18, 1998 be hereby confirmed." Disposition: Motion Carried Unanimously 4. APPLICATIONS A-1/99 Application by Peter Klassen, Klassen Auto Parts, Owner of Part R, Hubbard Block, Plan 205, Part A J Messecar Lot, designated as Part 1, Reference Plan 11R-4858, South West corner of Heritage Line 4and Plank Road in Straffordville to permit a 3.93 m rear yard setback as opposed to the required 6.0 m setback and to permit 45% lot coverage as opposed to the maximum 40% coverage in order to facilitate a structural addition to the existing building. File: D13 A-2/99 Application by Harry and Grace Schipper, Owners of Part Lots 110 and 111, Concession 7, North Talbot Road (NTR), to permit a side yard setback of 120 feet(36.58 metres)to the property line to the north-east as opposed to the required 196.8 feet (60 metres)with regard to an addition to the existing cattle barn. File: D13 COMMITTEE OT __DJUSTMENT 2 March 18, 1999 MINUTES 5. STAFF REPORT A-1/99 The Secretary-Treasurer briefly explained the purpose of the application and reported that the Elgin/St. Thomas Health Unit had indicated in writing that they had no objection to the addition. She received two enquiries from adjoining property owners, but no objections were received. She questioned how on site parking would be addressed. Chief Building Official Dwayne Daniel noted that the property has a holding tank and that the Elgin/St. Thomas Health Unit required proof of a pump out agreement. Also, the holding tank requires an alarm in accordance with the Ontario Building Code. A-2/99 The Secretary-Treasurer explained the purpose of the application and reported that no comments had been received from area property owners. Chief Building Official Dwayne Daniel stated that a minimum distance separation calculation had been completed for the proposed expansion to the barn, including manure storage and the required setbacks are met. 6. PRESENTATION BY APPLICANT A-1/99 In response to staff's query, J. Klassen stated that there would be sufficient room for about three to four vehicles on the south side of the building after the addition and that customers park at the front of the building. Mayor Stewart asked if there were any plans to pave and mark the parking area and J. Klassen responded that they plan to do this work either this year or next. A-2/99 None 7. PUBLIC COMMENTS A-1/99 Mr. Sylvere VanGulck, VanGulck Bakery asked whether the proposed addition would have any affect on his ability to expand the existing bakery building northerly towards the Klassen property line. Chief Building Official Dwayne Daniel responded that when two commercial properties abut, there is a zero lot line as long as the lot coverage is not exceeded. A-2/99 None 8. COMMITTEE QUESTIONS AND DISCUSSION 9. DECISION OF THE COMMITTEE Moved by C. Evanitski Seconded by M. Stewart "THAT the application A-1/99 by Peter Klassen, Owner, Klassen Auto parts, Part R,Hubbard Block,Plan 20,Part A,J.Messecar Lot designated as Part 1, Reference Plan 11R-4858, located at the south west corner of Heritage Line and Plank Road in Straffordville, pursuant to Section 45 of the Planning Act for a minor variance to allow a 3.93 m rear yard setback as opposed to the required 6.0 m setback and to permit 45% lot coverage as opposed to the maximum 40% coverage in order to facilitate a structural addition to the existing building be approved." Disposition: Motion Carried Unanimously COMMITTEE 01 _ADJUSTMENT 3 March 18, 1999 MINUTES 9. DECISION OF THE COMMITTEE (continued) Moved by J. Petrie Seconded by C. Evanitski "THAT Application A-2/99 by Harry and Grace Schipper, owners of Part Lots 110 and 111, Concession 7, North Talbot Road to permit a side yard setback of 120 feet (36.58 metres) to the property line to the north east as opposed to the required 196.8 feet (60 metres)with regard to a proposed addition to an existing cattle barn be approved." Disposition: Motion Carried Unanimously ADJOURNMENT 10. Moved by J. Petrie Seconded by M. Stewart "THAT the Committee of Adjustment Hearing for consideration of Application Nos. A-1/99 by peter Klassen, Klassen Auto parts and A-2199 by Harry and Grace Schipper be adjourned at 6:33 p.m.; AND THAT in accordance with the regulations of the Planning Act, Notices of Decision be circulated by the Secretary-Treasurer accordingly." 4, .7/f 411.04m-u- .4ja‘ r : IR SECRETARY T " SURER