HomeMy WebLinkAboutOctober 15, 2015 - PlanningCOMMITTEE OF ADJUSTMENT AGENDA
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Council Chambers
Thursday, October 15, 2015
6:30 p.m. – O’Connor
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 A-06/15 O'Connor - Request for
variance to grant relief from Zoning By-law Z456-2003 Section
10.8 - minimum front yard depth, Section 10.9.2 - minimum side
yard depth, Section 10.4 - minimum lot frontage and Section 10.3
- minimum lot area to meet condition of Consent Application
E96/14
5. STAFF PRESENTATION
3 - 13 (a) Report DS-65/15 regarding Committee of Adjustment - Minor
Variance - A06/15 O'Connor
File: C-07 / D12.OCON
6. PRESENTATIONS BY APPLICANT/AGENT
7. PUBLIC SUBMISSIONS
8. COMMITTEE QUESTIONS AND DISCUSSION
9. DECISION OF COMMITTEE (Motions)
(a) Decision
Page 1 of 13
Committee of Adjustment Agenda October 15, 2015
Page
10. ADJOURNMENT
(a) Adjournment
Page 2 of 13
REPORT
DEVELOPMENT SERVICESK94b*3 o‘p°1'tunity 1s“°
TO:Mayor 8.Members of Council
FROM:Margaret Underhill,Secretary/Treasurer Committee of Adjustment
DATE:October 15,2015
REPORT:DS-65/15 FILE NO.C-07/D12.0CON
Roll #34-01 -000-004-14550
Roll #34-01-000-004-14600
SUBJECT:Committee of Adjustment -Minor Variance —A-06/15 0’Connor
BACKGROUND:
Randy 0’Connor has submitted a minor variance application for his two properties located on
the north side of Heritage Line,east of Garnham Street,known municipally as 56353 Heritage
Line and parcel 11R9958 Part 2.The property is designated “Residential”on Schedule B -
Municipality of Bayham:Straffordvillez Land Use and constraints in the Official Plan;and zoned
Village Residential (R1)in the Bayham Zoning By-law Z456-2003.
The minor variance is a condition of Consent Application E96/14 granted by the Land Division
Committee on February 11,2015 for the creation of a lot described as Part 2 of Registered Plan
11R9958.
THE PURPOSE of the variances is to grant relief for the existing dwelling:
-From Section 10.8 to reduce the minimum front yard depth from 7.0 m to 6.47 m
-From Section 10.9.2 to reduce the minimum side yard depth from 1.7 m to 1.17 m
And grant relief for the proposed lot:
-From Section 10.4 to reduce the minimum lot frontage from 20.0 m to 16.0 m
-From Section 10.3 to reduce the minimum lot area of 900 m2 to 648 m2
For lands in a Village Residential (R1)Zone on property located on Lot 6 Plan 205 on the south
side of Heritage Line east of Garnham Street known as 56353 Heritage Line Straffordville.
THE EFFECT of the variance will be to allow the retention of the existing single detached dwelling
and the construction of a new single detached dwelling on the proposed lot.
DISCUSSION:
Council must be satisfied with the Planning Act four “tests”when considering an application for
a minor variance.The attached p|anner’s memorandum dated October 1,2015 provides an
analysis of these tests.
Staff and planner concur the application meets the criteria and would recommend granting the
Report DS-65/15 regarding Committee of Adjustment - Minor Va...Page 3 of 13
/
Staff Report DS—65/15O'Connor Page 2
variances to satisfy the condition of Consent E96/14.
At the time of writing this report,no public comments have been received regarding this
application.
ATTACHMENTS
1.Application for Minor Variance A-06/15
2.IBI Memorandum dated October 1,2015
RECOMMENDATION
1.“THAT the Committee of Adjustment Secretary-Treasurer’s report DS—65/15
regarding the O’Connor 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 variances are considered minor;
3.THEREFORE application A-06/15 submitted by Randy O'Connor,pursuant to
Section 45 of the Planning Act for minor variance,is granted the following four (4)
variances to the Village Residential (R1)Section 10 of the Municipality of Bayham
Zoning By-law 2456-2003 to allow relief from:
For the Existing dwelling:
Section 10.8 —Reduction in the minimum front yard depth from 7.0 m to 6.47 m
and
Section 10.9.2 —Reduce the minimum side yard depth from 1.7 m to 1.17 m
For the Proposed lot:
Section 10.4 —Reduce the minimum lot frontage from 20.0 m to 16.0 m
and
Section 10.3 -Reduce the minimum lot area of 900 m2 to 648 m2
Respectfully Submitted by:Reviewed by:
Marg et Underhill
Secretary/Treasurer Committee of Adjustment 1 CAO
Report DS-65/15 regarding Committee of Adjustment - Minor Va...Page 4 of 13
APPLICATION FOR
MINOR VARIANCE
Planning Act,R.S.O.1990,O.Reg 200/96 as amenq??aW_M.T.:I"‘..l-1'The undersigned hereby applies to the Committee of Adjustment for the
MUNICIPALITYOF BA YHAM
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 infromBy-law No.Z456-2003 (as amended)Municipalityof Bayham.
5-_-711.?’l8 35015
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£'r.‘?.i—‘:’?’."H.‘-‘.?V'i
this application,
Application to be accompanied by the fee of $2000.00 in cash or cheque made payable to theMunicipalityofBayham.
1.0WNER(S)
a)Name am,
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b)MailingAddress lg C‘_[,\e .\_R I 3 F
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c)Telephone No.Home:519 3 g 7,C t;0g Work:
d)Fax NO.
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2.SOLICITORI AUTHORIZEDAGENT
a)Name
b)MailingAddress
c)Telephone No.Home:Work:
d)Fax No.
Send correspondence to:E/Owner(s)j Solicitor/AuthorizedAgent
II
FOROFFICEUSEONLY
Application No.:{>\‘O (1 //Date Received:
Fee Received:Qcgao "‘°
(X//-5-J.Date of Meeting:
:2:-1
CommitteeDecision:File Nozkf?,OCOy\)
Q90;41:52‘says’
11/03/2015
MinorVariance 2015
Report DS-65/15 regarding Committee of Adjustment - Minor Va...Page 5 of 13
QMunicipalityofBayham
Application for MinorVariance
Page 2
3.Names and address of any mortgages,holders and charges or other encumbrances:
Name Address
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Location of Land
a)Lot and Plan or Concession No.:
b)Street/911 #&Name:
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f‘(\~"~or \)oJ‘~c~~\C-Q,*0 Cow\¥;\~.3 VUI:*”\l\$£.\)e.ro.vxC.g’
NOTE:
Why is it not possible to comply with the provisions of the By-law?
In the case of a Supplementary farm dwelling,a Development Agreement is required.
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1 —2'LC)Dimensions of the land affected:UN’0 'Q?“'0”ML“T //,Q €775?
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I/47579‘b)Depth (m).40,-2-‘gq M
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c)Area (sq.m/ha)C‘H‘gq SWM -(oqg 1 Sq '~'\
Particulars of all buildings and structures on or proposed for the subject land (specifygroundfloorarea,gross floor area,number of storeys,width,length,height,etc.)
a)Existing \;ag><’.€.V11 ‘N Sq M ‘'\T*»Lmu~<\e,c)\\i3s>.m'\‘-Ha~
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id lo%_l_}<DO§Date of acquisition of subject land:
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Minor Variance 2015
Report DS-65/15 regarding Committee of Adjustment - Minor Va...Page 6 of 13
Municipalityof Bayham
Application for MinorVariance
Page 3
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10.Date of construction of all buildings and structures on subject lands:\\C—‘\\E5
11.Existing uses of the subject property
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12.Length of time and existing uses to the subject property have continued:3 .nae,\<>BO
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Existing uses of abutting properties:
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South
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Services available (check appropriate space(s))
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Present Official Plan designation:
Method of Water Supply (if applicable)
Public Water Supply System l‘_'l
Private Communal Well El
Other (please specify)
Private IndividualWell 9/
Method of Sanitary Waste Disposal (if applicable)
Private Septic Tank and
Tile Field System El
Other (please specify)
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Present Zoning Bylaw classification:
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Xl?my §2.«X;r&CQ \3
Has the owner previously applied for a minor variance in respect to the subject property?
8)Yes D No 2/
If Yes,describe briefly:
is the sgtyectproperty the subject of a current application of )Yes No [II
'
C.—°M'?/<*\
11/O3/2015
Minor Variance 2015
Report DS-65/15 regarding Committee of Adjustment - Minor Va...Page 7 of 13
STATUTORYDECLARATION
of the
in the Q/av'-\\uk 09 C’5\O\U‘
(County/District/Region)
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 lNVe 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.l/\Ne also 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”.
DECLAREDbefore me at the
,..’)?7é//’I/C1/7c'z0/"01%
(City.Municip?lity.TOW".TOWFISP )Signature of Applican AuthorizedAgent*
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inthe amp 4/42/,-a >
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)A C missioner,etc.
*lf authorized agent,a letter of authorization fromtheownerofthepropertymustaccompanythis
application.
11/O3/2015
Minor Variance 2015
Report DS-65/15 regarding Committee of Adjustment - Minor Va...Page 8 of 13
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IBI GROUP
203-350 Oxford Street West
London ON N6H 1T3 Canada
tel 519 472 7328 fax 519 472 9354
ibigroup.com
Memorandum
ToIAttention Municipality of Bayham Date October 1,2015
From William Pol,MCIP,RPP Project No 3404 -591
cc file
Subject 0'Connor -Application for Minor Variance to Zoning By—|aw#Z456-
2003 Pt.Lot 6,Plan 205,Straffordville,56353 Heritage Line A06/15
We have completed our review of an Application for Minor Variance,submitted by Randy
O’Connor,for a property located 56353 Heritage Line Straffordville,located on the south
side of Heritage Line east of Garnham Street.The applicant is requesting a variance to
Zoning By—law#Z456—2003 to accommodate the construction of a new dwelling unit on
lands surplus to the existing dwelling.The subject lands are designated "Residential”,as
shown on Schedule B —Municipality of Bayham:Straffordvillez Land Use and Constraints;
and zoned Village Residential "R1”in Zoning By-law #Z456—2003.
The subject lands have an existing single detached dwelling built in 1880 and a barn
constructed in 1915.The proposal is to retain the existing dwelling on the westerly lot
and build a new dwelling on the lot to the east.Surrounding land uses are single
detached dwellings in all four directions.Both lots will be serviced with public sewage
system and private water systems.There are no constraints to the lands for construction
of the buildings.
The applicants are requesting the following four (4)variances to the Village Residential
(Rl)Section 10 of ZBL #Z456—2003 to accommodate the proposed development:
Existing dwelling:
—Section 10.8 Reduction in the minimum front yard depth from 7.0 m to 6.47 m
-Section 10.9.2 reduce the minimum side yard depth from 1.7 m to 1.17 m
Proposed Lot:
—Section 10.4 reduce the minimum lot frontage of 20.0 m to 16.0 m
-Section 10.3 reduce the minimum lot area of 900 m’to 648 m2
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.Are the variances minor in nature?
-The reduction in the front yard depth and side yard depth for the existing
dwelling are minor in nature given the distances of 0.53 m for the lot frontage
and 0.53 m for the side yard depth to recognize the existing location.Yes
these variances are minor.
-The reduction in the lot frontage for the proposed lot is 4.0 m and reduction in
lot area of 252 m2.These changes are minor where the lot will function for
safe access and access to private water service.
IBI Group is a group of ?rms providing professional services and is af?liated with IBI Group Architects
Report DS-65/15 regarding Committee of Adjustment - Minor Va...Page 12 of 13
IBI GROUP MEMORANDUM
Municipalityof Bayham —October 1,2015
ii.Are the variances desirable for the use of the lands?
For the existing dwelling it is desirable to recognize the location of the
dwelling in relation to the front and side yards.It is desirable for the continued
use of the building and lands.
For the proposed lot it is desirable to allow reduced lot frontage and area
because there is sufficient lot area to locate and design a dwelling in keeping
with the character of the area.
iii.Do the variances maintain the general intent and purpose of the Zoning Bylaw?
Existing dwelling —The purpose of the front and side yard depth is to allow
sufficient light,air and access for the dwelling.The location of the dwelling
on the east side of the lot provides sufficient space for vehicular access to the
west and there is sufficient side yard depth to allow for air and access in
keeping with the intent of the Zoning By-law.
Proposed lot —The purpose of the lot frontage and area is to allow safe
access and egress from the lot and sufficient area for a private well service.
There is sufficient frontage on the new lot to allow for safe access and the
plans submitted show a well on both properties.There is sufficient lot area to
provide outdoor amenity space.The variances are in keeping with the intent
of the Zoning By-law.
iv.Do the variances maintain the general intent and purpose of the Official Plan?
Existing Dwelling and new lot—The intent of the “Residential”land use
designation for both sites is to permit single detached dwellings on both the
existing and new lot.The variances provide for these uses and maintain the
safety of access to the public road.The requested variances maintain the
intent and purpose of the Official Plan.
5.Based on our review of this application we would have no objection to the minor variances
for both the retained single detached dwelling and the new lot for a single detached
dwelling to Zoning By-law #Z456-2003.
William Pol
IBI GROUP
William Pol,MCIP,RPP
Affiliate IBI Group
Consulting Planner to the
Municipality of Bayham
Report DS-65/15 regarding Committee of Adjustment - Minor Va...Page 13 of 13