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HomeMy WebLinkAboutSeptember 03, 2015 - Planning - Patten COMMITTEE OF ADJUSTMENT AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Council Chambers Thursday, September 3, 2015 6:30 p.m. Page 1. CALL TO ORDER 2. APPOINTMENT OF CHAIRMAN (a) Appointment 3. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 4. APPLICATION(S) (a) Minor Variance Application - A05/15 - Request for variance to grant relief from Zoning By-law Z456-2003 Section 4.6(b) - maximum floor area for an Agricultural Home Occupation in an Agricultural (A1) Zone to permit an addition to an existing building submitted by Shawn & Diane Patten 5. STAFF PRESENTATION 3 - 14 (a) Report DS-58/15 regarding Committee of Adjustment - Minor Variance - A-05/15 Patten File: C-07 / D12.PATT 6. PRESENTATIONS BY APPLICANT/AGENT 7. PUBLIC SUBMISSIONS 8. COMMITTEE QUESTIONS AND DISCUSSION 9. DECISION OF COMMITTEE (Motions) (a) Decision 10. ADJOURNMENT Page 1 of 14 Committee of Adjustment Agenda September 3, 2015 Page (a) Adjournment Page 2of14 vio(11-4-40i ili d n REPORT o A • ,� DEVELOPMENT SERVICES -- ua>Ztp Is-i0 TO: Mayor&Members of Council FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment DATE: September 3, 2015 REPORT: DS-58/15 FILE NO. C-07/D12.PATT Roll#34-01-000-002-110000 SUBJECT: Committee of Adjustment-Minor Variance—A-05115 Patten D13.PATT BACKGROUND: Shawn&Diane Patten have submitted a minor variance application for their 2.2 hectare(5.4 acre)property located on the north side of Tunnel Line,west of Elgin County Road 55, known municipally as 57604 Tunnel Line. The property is designated"Agriculture"on Schedule Al — Land Use in the Official Plan and zoned Agriculture(A1)in the Bayham Zoning By-law Z456- 2003. THE PURPOSE of the variances is to grant relief from: • Section 4.6 b)Agricultural Home Occupation—maximum floor area for an agricultural home occupation shall not exceed seventy (70.0) square metres of floor area in an Agricultural(Al)Zone for a 22, 296 m2(5.4 acre)property. THE EFFECT of the variance will be to allow for the construction of an addition to an existing workshop building for an overall maximum of 267.23 m2 of floor area for an agricultural home occupation where seventy(70.0)m2 of floor area is currently permitted. DISCUSSION: Council must be satisfied with the Planning Act four"tests"when considering an application for a minor variance. The attached planner's memorandum dated August 21, 2015 provides an analysis of these tests. Staff and planner concur the application meets the criteria and would recommend granting the variance. At the time of writing this report, no public comments have been received regarding this application. Report DS-58/15 regarding Committee of Adjustment-Minor Va... Page 3 of 14 Staff Report DS-58/15 Patten Page 2 ATTACHMENTS 1. Application for Minor Variance A-05/15 2. IBI Memorandum dated August 21, 2015 3. GIS aerial map RECOMMENDATION 1. "THAT the Committee of Adjustment Secretary-Treasurer's report DS-58/15 regarding the Patten minor variance be received; 2. AND WHEREAS the Committee agrees that the proposed variances meet Section 45.1(1)of the Planning Act and the variance is considered minor; 3. THEREFORE application A-05115 submitted by Shawn and Diane Patten, pursuant to Section 45 of the Planning Act for minor variance, is granted to allow relief from Municipality of Bayham Zoning By-law Z456-2003: • Section 4.6 b)Agricultural Home Occupation—to permit a maximum of 267.23 m2 of floor area for an agricultural home occupation,where maximum seventy(70.0)square metres of floor area is currently permitted in the Agricultural(A1)Zone in Zoning By-law Z456-2003 Respectfully Submitted by: Reviewed by: /V771#; - Marg ret Underhill p, Secretary/Treasurer Committee of Adjustment CAO Report DS-58/15 regarding Committee of Adjustment-Minor Va... Page 4 of 14 VOE144/ File No. A—f�S /s I �p <<<� APPLICATION FOR MINOR VA .,.DRIANCE AIJO -5 n1& Planning Act, R.S.O.1990,O.Reg 200/96 as amended The undersigned hereby applies to the Committee of Adjustment for the + lNlllpLRYOPWHAM MUNICIPALITY OF BAYHAM P.O. Box 160,9344 Plank Rd. STRAFFORDVILLE, ON Telephone:519 866-5521 Fax:519 866-3884 Under Section 45 of the Planning Act, R.S.O. 1990 for relief,as described in this application, from By-law No.Z456-2003(as amended)Municipality of Bayham. Application to be accompanied by the fee(of .. O inicash or cheque made payable to the Municipality of Bayham. • 1. OWNER(S) �j y� a) Name S haw �4c l r Pociff-An b) Mailing Address 5W-20 tiT f La l� P, g� �1 �a DA1 AT 170 c) Telephone No. Home:379--?&D—NOD Work: L/16_705-_ 35- d) Fax No. 2. SOLICITOR/AUTHORIZED AGENT a) Name b) Mailing Address -- c) Telephone No. Home: Work: d) Fax No. Send correspondence to: Owner(s) Solicitor/Authorized Agent FOR OFFICE USE ONLY _ A20/74/340/00d OO 437 //000 Application No.. , -,o V/15- Date 7�+� Date of Meeting ' Received � ' p 3 ' File No. p„77- FeReceived' ' 040 Committee Decision' / # ?/°36 0 11/03/2015 Minor Variance 2015 Report DS-58/15 regarding Committee of Adjustment-Minor Va... Page 5 of 14 Municipality of Bayham Application for Minor Variance Page 2 3. Names and address of any mortgages,holders and charges or other encumbrances: Name Address 3C0+1GdOcakk aft brocawag 4ve, 1 i rl tab 071 - a 'lc/ 3pq 4. Location of Land a) Lot and Plan or Concession No.: Cr. 5s f -r- L01--- k f 1112193 b) Street/911 #&Name: .L L.( T-Lueun e( L! Y1 5. Nature and extent of relief applied for: r�h,nEf� �1 5•eG ,: gi2[u/41ra/ 0,4 c cC gel) :vr-Q . '1 /Q' /a ./ i'A7%#, 7`%1jFa /S 7,,0 s .m• / 2 /77.9X. 7-g3 rn. NOTE: In the cati of a Supplementary farm dwelling,a Development Agre6ment is qulred. 6. Why is it not possible to comply with the provisions of the By-law? �N o r K 5Ock ce c v rrfi e for C qr feKI-rs bustneS s 4 - e... _r ., - R ,„ 7. Dimensions of the land affected: a) Frontage(m) lot .5a b) Depth(m) n 3 a.w c) Area(sq.m/ha) „mo . • a+(, , i • 8. Particulars of all buildings and structures on or proposed for the subject land(specify ground floor area,gross floor area,number of storeys,width,length,height, etc.) a) Existing Foust- 151.07. •302.16 i j g.S 3_i 17, 51�e s �37.b3, Sa,ne.� �-r %.a9 IO.Gt 4-1.,26 Chicke,-cGcP — N.19, Sake ;a-74 5.1v, 3.O�t b) ( r�v$�or� " (sh,r c3e .� (49•19k54n,c,di 5,t8,8.53t3.3S Proposed �0 9ncP . G/ Same t 11.5 i I , 5.a9 —1-45-TA Oki CYO'LL Fi-ooR. Aga; ff a(D�• f7�3 r�� 9. Date of acquisition of subject land: eadiA*L ZR 2_Q f Q 11/0312015 Minor Variance 2015 Report DS-58/15 regarding Committee of Adjustment-Minor Va... Page 6 of 14 Municipality of Bayham Application for Minor Variance Page 3 r---)01/7 10. Date of construction of all buildings and structures on subject lands: Mouse, Craftl.,Cf►tace^ CW p ,;011 - Ckveke-. Crap 1Sd�crAy 11. Existing uses of the subject property: L R e, d r CC.r 0\Q6‘./ car r n� Car rAfru skotoo 12. Length of time and existing uses to the subject property have continued: 3-v1y a(')j� 4„p g',,-+ 13. Existing uses of abutting properties: a) North -10,r�5f b) East •. V'C CfA,C .� . c) South _OA_ d) West acArY CU, 14. Services available(check appropriate space(s)) a) Method of Water Supply(if applicable) Public Water Supply System 0 Private Individual Well i Private Communal Well 0 Other(please specify) b) Method of Sanitary Waste Disposal(if applicable) Private Septic Tank and Private Communal System ❑ Tile Field System Public Sanitary Sewer System ❑ Other(please specify) 15. Present Official Plan designation: /3i 5t'1 r AUr'C • 16. Present Zoning Bylaw classification: ,''%1' -, a ,,0 At Aco ccr I Cdr-e 17. Has the owner previously applied for a minor variance in espect to the subject property? a) Yes ❑ No I If Yes,describe briefly: 18. Is the subject property the subject of a current application of consent!severance? Yes 0 No 11/03/2015 Minor Variance 2015 Report DS-58/15 regarding Committee of Adjustment-Minor Va... Page 7 of 14 STATUTORY DECLARATION I IIVe `,ha Lon ban.c ?& P1 of the Name of Applicant(s) tL VVl in the - (o C{r1 (City, unicipality, Town,Township) (Coun /Diet.fict/Region) SOLEMNLY DECLARE/ to the best of my/our knowledge and belief, all of the information, exhibits and statements provided in this application as required under Section 45 of the Planning Act R.S.O. 1990 and Ontario Regulation 200/96 as amended are true; THAT I/We shall assume responsibility for any additional costs exceeding the deposited amount related to the said application and understand and agree that payment of said additional costs shall be a condition of this signed application. I Ne Iso agree to accept all costs as rendered; AND I make this solemn Declaration conscientiously believing it to be true, and knowing that it is of the same force and affect as if made under oath and by virtue of the "Canada Evidence Act". DECLARED before me at the /nm c 2 4'%f,2 ) (City,Municipality,Town,Township ) Signature of Applicant or Authorized Agent* ) in the l/ 6/ ,i ) I A' (County/D' trio/Region) ) Signature of Applicant �f ) this 5 day of 40/x571,20 /"� ) tFf y+' o ) Signature of Applicant ) ) A Co(nmissioner,etc. ) MARGARET UNDERHILL,a Commtmloaer.ate. *If authorized agent,a letter of authorization from Deputy Clerk of the Corporation of the the owner of the property must accompany this Municipality of R yllaat. application. 11/03/2015 Minor Variance 2015 Report DS-58/15 regarding Committee of Adjustment-Minor Va... Page 8 of 14 _____________________. , ______ _________________ ______. ___ _. .._ _________________ _____ _________ ____ ___ ____ ________47.±:___ . -- -teas- �_ a _ t-tg_. _ 21, 11_,_4, --- - ___----- --_ EU) ©d.O r-._ . . 0_ .. ---------- - - ---- --. _P-o _. �_ COQ _ c --_ ___ �C. - _ Qom._ .: o ___________ nbst CoLiovitet&__ , .1_,' w _ ._. --- ..:tor,-,..a_ e_ 0.„-c .ppe ,i.eci. 06c)d s..k r_. . —_ ,e 4oC _- ii tV - 0-4, _ ____ ,x1 _5_ _._..... .e._... iza4 -- 4t /..-._ l i7 - c `._ C .__.Lc2 ,VA-i4, - - v 11.24.. --_� a -.. '_..6:___� ___ &-_ Vic? _.C ,c&I-OIV e- _0n L .._ e.vex.---_ - -- - . _n . • ._ __ .-.__..GT 0 __ ...._. plc X112 [ ' M " cor al AULLINs --- :B' .- („ r_,. ,te-41-e5e-5 • --- ,a,.__MO _to etr-k clate oat( e of id(fiA-5. . - i. . C�ri'ye. ___.�.-_-__ ,..__ . __ _r. gin, -_ v t 4 .—.. _� e`er _ . _ ____ _ _ -------- __ .-C -. f r'__ .3er.u+- s.._ .:. _ f_e '._..__._1--e _._ Report DS-58/15 regarding Committee of Adjustment-Minor Va... Page 9 of 14 0 oo 00 /9" crci ° >r� Septic bed �- f .ti9 Wrap-around r _ 0, 3'1 i�,oc driveway L__J �-J Addition ° ILO �9 1 • q.wood +1"' shop p �' Setic tank rc,i, Exsisting Chicken 1 j t58 shopr coop a,s�l (\ House 1H.3a Well t aa 35,a, .ti I .w rt o -- Alt d neclgicr1 md'}-fill ( rveke S) 11I1 Z 1OIL 8 lc D. M 1n • 9" -& / M1 i fLJ J I o— r o-V 90 LJ 4- - VI L c1 - Li ha e J E 44-1 1 Report DS-58/15 regarding Committee of Adjustment-Minor Va... Page 11 of 14 11 IBI GROUP 203-350 Oxford Street West T3 Canada tel 51944 2 3281 fax 519 472 9354 1 1 ibigroup.com Memorandum To/Attention Municipality of Bayham Date August 21,2015 From William Pol,MCIP, RPP Project No 3404-603 cc file Subject Patten-Application for Minor Variance to Zoning By-law#Z456-2003 Pt.Lot 27,Concession 3S, 57604 Tunnel Line 1. We have completed our review of an Application for Minor Variance,submitted by Shawn and Diane Patten,for a property located 57604 Tunnel Line, located west of Elgin County Road 55. The applicant is requesting a variance to Zoning By-law#Z456-2003 to accommodate the construction of an addition to an existing workshop. The subject lands are designated"Agriculture",as shown on Schedule Al —Municipality of Bayham:Land Use in the Official Plan of the Municipality of Bayham;and zoned Agriculture"Al"in Zoning By-Jaw#Z456-2003. 2. The subject lands have an existing single detached dwelling,workshop and chicken coop buildings on site. The proposal is to build a 179.6 m2 addition to the existing workshop. The proposed addition would be attached to the rear of the existing building. Surrounding land uses are agricultural uses and fields to the south,west and east. The lands to the north are a woodlot. 3. The applicants are requesting the following variance to ZBL#Z456-2003 to accommodate the proposed development: 6167,P Section 4.6 b)Agricultural Home Occupation—A maximum of 2.7672.8m2 of floor area for an agricultural home occupation where seventy(70.0)square metres of floor area is currently permitted. (Note:a review of Section 4.6—Agricultural Home Occupation confirms that no other variances to the By-law would be required) 4. Section 45.(1)of the Planning Act outlines the four"tests"with which the Committee of Adjustment must be satisfied with when considering an application for a minor variance to the Zoning By-law.The following outlines our analysis of these tests: i. Is the variance minor in nature? • The total Floor Area of the existing and proposed workshop area would be 267.23 m2.The proposed area exceeds the maximum floor area by over 100%. However,given the size of the lot and the maximum lot coverage of 20%the floor area represents less than 1%of the lot area(22 296 m2). As such,this variance is deemed to be minor in nature. ii. Is the variance desirable for the use of the lands? • Floor Area—This variance is desirable insomuch as it allows for increased indoor storage space,assembly and office space without impacting the character of the lot.The addition is located to the rear of the existing workshop no closer to lot lines than existing accessory buildings. IBI Group is a group of firms providing professional services and Is affiliated with IBI Group Architects Report DS-58/15 regarding Committee of Adjustment-Minor Va... Page 12 of 14 IBI GROUP MEMORANDUM 2 Municipality of Bayham—August 21,2015 iii. Does the variance maintain the general intent and purpose of the Zoning Bylaw? • Floor Area—The main intent of the floor area maximum is to restrict oversized buildings used for businesses that may have negative impacts on surrounding land uses. All operation,storage and workshop activities will remain indoors and will not have a negative impact on adjacent land uses. Therefore the requested variance meets the intent of the By-law. iv. Does the variance maintain the general intent and purpose of the Official Plan? • The intent of the"Agricultural"land use designation is to permit agricultural home occupations and the associated accessory uses. The requested variance for floor area does not detract from the intent or purpose of the Official Plan and would contribute to continued investment in the Municipality of Bayham agricultural areas. 5. Based on our review we would have no objection to the proposed application for a minor variance to Zoning By-law#Z456-2003. William Pol IBI GROUP William Pol, MCIP,RPP Affiliate IBIGroup Consulting Planner to the Municipality of Bayham Report DS-58/15 regarding Committee of Adjustment-Minor Va... Page 13 of 14 C 0 d Getxortex• Patten - 57604 Tunnel Line r Essentials '—t ,-t UQ t- 0 O -rt„ Legend o '+ Image a5753 2e. ■ Red: Band_1 0' ' . Green:Band_2 rn , In Blue: Band 3 0 'M` - :-'-..5751511 World Street Map q 1. 0 l C :iF'k • - 57604 s s;ti art jr,., - _ _ , 7"00..r - CS 57e? R -P - a 1' 1,844 ' Notes I 0.1 0 0.05 0.1 Kilometers This map is a user generated static output from an Internet mapping site and is for reference only.Data layers that appear on this map may or may not be WGS1984_Web_Mercator Auxiliary_Sphere accurate,current,or otherwise reliable. ©Latitude Geographlcs Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION