HomeMy WebLinkAboutApril 01, 2021 - Planning - Committee of AdjustmentCOMMITTEE OF ADJUSTMENT MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Thursday, April 1, 2021
6:30 p.m.
A. Franz & Helena Guenther A-05/21
B. Fred & Judy Froese A-06/21
C. Jacquelin Ditchfield A-07/21
COMMITTEE MEMBERS PRESENT: ED KETCHABAW
RAINEY WEISLER
C. VALERIE DONNELL
DANFROESE
SUSAN CHILCOTT
STAFF PRESENT:
CAOICLERK THOMAS THAYER
SECRETARY/TREASURER MARGARET UNDERHILL
DEPUTY CLERK BRENDA GIBBONS
SIGNED IN ATTENDEES: None
CALL TO ORDER
E. Ketchabaw called the meeting to order at 6:30 p.m.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
3. REVIEW OF ITEMS NOT LISTED ON AGENDA
A. PROCEDURAL MOTION
Moved by: V. Donnell
Seconded by: S. Chilcott
THAT Section 6.15.1(K) of the Municipality of Bayham Procedural By- law be suspended
for the duration of the April 1, 2021 Committee of Adjustment Meeting due to the
functional abilities of the electronic meeting platform.
A recorded vote was held on the Procedural Motion:
Member of Committee of
Adjustment
YES
T
x
x
NO
C. Valerie Donnell
Dan Froese
Susan Chilcott
x
Raine Weisler
x _
x
s
i
Ed Ketchabaw
CARRIED
Statutory Planning Minutes — Committee of Adjustment
April 1, 2021
4. APPLICATION
A. Minor Variance Application A-05/21 Franz & Helena Guenther
THE PURPOSE of the variance is to permit accessory building height of 4.8 m (15.7 ft)
whereas 4.5 m (14.7 ft) is the permitted maximum; and, to permit combined accessory
building floor area of 104.3 m2 (1,123 ft2) whereas 65 m2 (700 ft2) is the permitted
maximum, as per Zoning By-law Section 10.11, located at 9499 Plank Road, west side,
north of Fourth Street, in the village of Straffordville.
THE EFFECT of this variance will be to allow the development of an oversized accessory
building with floor area of 95.3 m2 (1,026 ft2) for personal storage and the storage of work
vehicles and equipment in addition to the existing 9 m2 (96.9 ft2) shed.
5. STAFF PRESENTATION
A. Report DS-17/21 by Margaret Underhill, Secretary/Treasurer re Committee of
Adjustment Minor Variance Application A-05/21 F & H Guenther, 9499 Plank Road,
Straffordville
Secretary/Treasurer M. Underhill presented Report DS-17/21.
6. PRESENTATIONS BY APPLICANT/AGENT
None.
7. PUBLIC SUBMISSIONS
None.
8. COMMITTEE QUESTIONS AND DISCUSSION
None.
9. DECISION OF COMMITTEE (Motions)
Moved by: S. Chilcott
Seconded by: R. Weisler
THAT the Committee of Adjustment Secretary/Treasurer's report DS-17/21 regarding
the Guenther minor variance be received;
AND THAT the Committee of Adjustment considered all written and oral submissions
received on this application, the effect of which helped the committee to make an
informed decision;
AND WHEREAS the Committee agrees that the proposed variances as presented
meet Section 45.1(1) of the Planning Act and are considered minor;
THEREFORE application A-17/21 submitted by Franz and Helena Guenther, pursuant
to Section 45 of the Planning Act for minor variance, is granted to allow relief from
Statutory Planning Minutes — Committee of Adjustment
April 1, 2021
Municipality of Bayham Zoning By-law Z456-2003:
Section 10.11 Reaulations for Accessory Buildings
Subsection b) to permit maximum height of 4.8 metres whereas 4.5
metres is the maximum permitted height in the R1 Zone, and
Subsection c) to permit a combined accessory building floor area of
105 m2 whereas 65.0 m2 is the maximum permitted floor area in the
R1 Zone
Condition: Year-round driveway access be provided for emergency services.
CARRIED
10. APPLICATION
A. Minor Variance Application A-06/21 Fred & Judy Froese
THE PURPOSE of the variance is to permit the placement of a portable structure on the
subject lands for the purpose of accommodating a supplementary farm dwelling, located
at 55974 Light Line, north side, east of Plank Road.
THE EFFECT of this variance will be to allow the permitted use of a supplementary farm
dwelling on the subject lands.
11. STAFF PRESENTATION
B. Report DS-18/21 by Margaret Underhill, Secretary/Treasurer re Committee of
Adjustment Minor Variance Application A-06/21 F & J Froese, 55974 Light Line, Vienna
Secretary/Treasurer M. Underhill presented Report DS-18/21.
12. PRESENTATIONS BY APPLICANT/AGENT
None.
13. PUBLIC SUBMISSIONS
None.
14. COMMITTEE QUESTIONS AND DISCUSSION
None.
15. DECISION OF COMMITTEE (Motions)
Moved by: V. Donnell
Seconded by: S. Chilcott
THAT the Committee of Adjustment Secretary/Treasurer's report DS-18/21 regarding the
Fred and Judy Froese minor variance be received;
AND THAT the Committee of Adjustment considered all written and oral submissions
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Statutory Planning Minutes — Committee of Adjustment
April 1, 2021
received on this application, the effect of which helped the committee to make an
informed decision;
AND WHEREAS the Committee agrees that the proposed variances as presented meet
Section 45.1(1) of the Planning Act and are considered minor;
THEREFORE application A-06/21 submitted by Fred and Judy Froese, pursuant to
Section 45 of the Planning Act for a minor variance, is granted to allow relief from
Municipality of Bayham Zoning By-law Z456-2003:
• Section 5.2 Permitted Uses - to permit one supplementary farm dwelling in the
form of a portable building with a maximum floor area of 98m2 (1055 ft2) to
accommodate a maximum of six (6) seasonal farm labourers at 55974 Light Line
Condition: Development Agreement to be executed within 60 days of the minor
variance approval.
ATM C11d1:1197
16. APPLICATION
C. Minor Variance Application A-07/21 Jacquelin Ditchfield
THE PURPOSE of the variance is to permit zero (0) lot frontage whereas new
development is not permitted on lands without street frontage and 20 m (65 ft) is the
required minimum in the Village Residential (131) zone, as per Zoning By-law Section
4.18 and 10.4. The lands are located at 2 Elizabeth Street, east side, south of Wellington
Street, in the village of Port Burwell.
THE EFFECT of this variance will be to recognize existing zero lot frontage where access
to the lands is by way of easement to permit the owners to enlarge the existing dwelling.
17. STAFF PRESENTATION
C. Report DS-19/21 by Margaret Underhill, Secretary/Treasurer re Committee of
Adjustment Minor Variance Application A-07/21 Ditchfield, 2 Elizabeth Street, Port
Burwell
Secretary/Treasurer M. Underhill advised a concern has been presented regarding legal
easement to the property and recommends this application and report be deferred until
the April 15, 2021 meeting.
18. PRESENTATIONS BY APPLICANT/AGENT
19. PUBLIC SUBMISSIONS
20. COMMITTEE QUESTIONS AND DISCUSSION
21. DECISION OF COMMITTEE (Motions)
R
Statutory Planning Minutes — Committee of Adjustment
April 1, 2021
Moved by: V. Donnell
Seconded by: D. Froese
THAT application A-07/21 submitted by Jacquelin Ditchfield be deferred to the April 15,
2021 meeting.
CARRIED
22. ADJOURNMENT
Moved by: R. Weisler
Seconded by: V. Donnell
THAT the Committee of Adjustment hearing for consideration of Minor Variance
Applications A-05/21, A-06/21 and A-07/21 be adjourned at 6:45 p.m.;
AND THAT in accordance with the regulations of the Planning Act, Notices of Decision
be circulated by the Secretary -Treasurer accordingly.
CARRIED
DATE:
CHAIRPERSON SECRET R T EASURER