HomeMy WebLinkAboutMay 20, 2021 - Planning - Committee of Adjstment - Andrews, Dyck, GiesbrechtCOMMITTEE OF ADJUSTMENT MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Thursday, May 20, 2021
6:30 p.m.
A. David and Deborah Andrews A-08/21
B. Brandon and Jennifer Dyck A-09/21
C. Bernhard and Maria Giesbrecht A-10/21
PRESENT:
MAYOR
ED KETCHABAW
DEPUTY MAYOR
RAINEY WEISLER
COUNCILLORS
C. VALERIE DONNELL
DANFROESE
SUSAN CHILCOTT
STAFF PRESENT:
CAOICLERK
THOMAS THAYER
DEPUTY CLERK
BRENDA GIBBONS
DEPUTY CLERKIPLANNING COORDINATOR
MARGARET UNDERHILL
FIRE CHIEFIBY-LAW ENFORCEMENT OFFICER
HARRY BARANIK
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 May 20, 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
Adiustment
Statutory Planning Minutes — Committee of Adjustment
May 20, 2021
Rainey Weisler
Ed Ketchabaw
CARRIED
4. APPLICATION
A. Minor Variance Application A-08/21 David and Deborah Andrews
THE PURPOSE of the variance is to grant relief from Zoning By-law Section 10.2
Permitted Buildings and Structures to permit an accessory use building where there is
no dwelling with maximum non -permanent accessory storage building floor area of 47
m2 (506 ft2), located at 55868 Second Street, north side, east of West Street, in the village
of Straffordville.
THE EFFECT of this variance will be to allow the enlargement of an existing non-
conforming, non -permanent accessory building used for storage purposes.
5. STAFF PRESENTATION
A. Report DS-29/21 by Margaret Underhill, Secretary/Treasurer re Committee of
Adjustment Minor Variance Application A-08/21 Andrews, 55868 Second St.,
Straffordville
Secretary/Treasurer M. Underhill presented Report DS-29/21.
G. PRESENTATIONS BY APPLICANT/AGENT
None.
7. PUBLIC SUBMISSIONS
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8. COMMITTEE QUESTIONS AND DISCUSSION
Committee Member Chilcott inquired as to the length of time permitted for a temporary
structure.
Secretary/Treasurer M. Underhill advised there is not a time frame and explained that as the
structure will be on a temporary base not a permanent foundation and could be removed if
required designates the structure as temporary.
Committee Member Donnell inquired and Secretary/Treasurer M. Underhill confirmed that the
structure could be moved at any time to enable future development.
I
Statutory Planning Minutes — Committee of Adjustment
May 20, 2021
9. DECISION OF COMMITTEE (Motions)
Moved by: R. Weisler
Seconded by: V. Donnell
THAT the Committee of Adjustment Secretary/Treasurer's report DS-29/21 regarding
the Andrews 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-08/21 submitted by David and Deborah Andrews, 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 10.2 Permitted Buildings and Structures — to permit in the Village
Residential (R1) Zone an accessory use building where there is no dwelling
provided the maximum non -permanent accessory storage building floor area of
47 m2 (506 ft2) is maintained
CARRIED
10. ADJOURNMENT
Moved by: R. Weisler
Seconded by: D. Froese
THAT the Committee of Adjustment hearing for consideration of Minor Variance
Application A-08/21 be adjourned at 6:37 p.m.;
AND THAT in accordance with the regulations of the Planning Act, Notices of Decision
be circulated by the Secretary -Treasurer accordingly.
CARRIED
11. APPLICATION
B. Minor Variance Application A-09/21 Brandon and Jennifer Dyck
THE PURPOSE of the variance is to grant relief Zoning By-law regulations in Section
4.14.1 d) Municipal Drains and Watercourses to permit a setback of 1.5 m (5.0 feet)
whereas 4.5 m (14.7 feet) is the required minimum setback for permanent structures to
Statutory Planning Minutes — Committee of Adjustment
May 20, 2021
the centerline of a municipal tile drain, located at 9233 Richmond Road, west side, south
of John Street, in the hamlet of Richmond.
THE EFFECT of this variance will be to facilitate the development of a new single -
detached dwelling closer to the existing municipal drain than permitted where the drain
location impacts the location of the new dwelling.
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B. Report DS-30/21 by Margaret Underhill, Secretary/Treasurer re Committee of
Adjustment Minor Variance Application A-09/21 Dyck, 9233 Richmond Rd., Richmond
Secretary/Treasurer M. Underhill presented Report DS-30/21.
13. PRESENTATIONS BY APPLICANT/AGENT
None.
14. PUBLIC SUBMISSIONS
None.
15. COMMITTEE QUESTIONS AND DISCUSSION
Committee Member Donnell inquired about access for drain maintenance if the property owner
erected a shed or fence.
Secretary/Treasurer M. Underhill advised there are zoning regulations prohibiting structures
from being placed on or near the drain. Therefore to erect a structure would require another
Minor Variance.
Committee Member Weisler inquired about access and damage to the property should drain
maintenance or repair be required and if the applicants are aware of the risks of damage to the
drain or if Title Insurance would cover such costs.
M. Underhill replied that there needs to be access for maintenance or repair of a municipal
drain and that any costs are the responsibility of landowners assessed to the drain. She will
make the property owners aware of their responsibility.
Committee Member Ketchabaw advised it is not municipal responsibility to ensure Title
Insurance and inquired about the municipality having right of access if the neighbouring
property owner was to erect a fence.
M. Underhill advised since the drain is only three feet from the lot line both properties and all
assessed to the drain would share the cost of any drain maintenance and the municipality has
right to access a municipal drain for maintenance purposes.
16. DECISION OF COMMITTEE (Motions)
Statutory Planning Minutes — Committee of Adjustment
May 20, 2021
Moved by: D. Froese
Seconded by: V. Donnell
THAT the Committee of Adjustment Secretary/Treasurer's report DS-30/21 regarding
the Dyck 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-09/21 submitted by Brandon and Jennifer Dyck, 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 4.14 Municipal Drains and Watercourses Subsection 4.14.1 d) — to
permit a reduced setback of 1.5 m (5.0 feet) from the dwelling to the centerline of
a municipal drain whereas no permanent buildings or structures shall be erected
or used closer than four and one-half (4.5) metres
CARRIED
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Moved by: R. Weisler
Seconded by: S. Chilcott
THAT the Committee of Adjustment hearing for consideration of Minor Variance
Application A-09/21 be adjourned at 6:48 p.m.;
AND THAT in accordance with the regulations of the Planning Act, Notices of Decision
be circulated by the Secretary -Treasurer accordingly.
18. APPLICATION
C, Minor Variance Application A-10/21 Bernhard and Maria Giesbrecht
THE PURPOSE of the variance is to grant relief Zoning By-law regulations in Section
9.5.1 Maximum Building Height for accessory buildings, 9.7 Maximum Floor Area for an
Accessory Building and 9.9 Minimum Side Yard Setback to permit: maximum accessory
building height of 5.9 m (19.3 ft) whereas the permitted maximum is 4.5 m (14.8 ft);
maximum accessory building floor area of 146.5 m2 (1,577 ft2) whereas 75 m2 (807 ft2)
is the permitted maximum; and to permit an existing dwelling side yard setback of 0.6 m
(2 ft) whereas the permitted minimum is 1.2 m (3.9 ft), for lands located at 10580
Culloden Road, east side, north of Eden Line, in the hamlet of North Hall.
Statutory Planning Minutes — Committee of Adjustment
May 20, 2021
THE EFFECT of this variance will be to permit an oversized accessory building and to
recognize reduced side yard setback for the existing dwelling.
19. STAFF PRESENTATION
C. Report DS-31/21 by Margaret Underhill, Secretary/Treasurer re Committee of
Adjustment Minor Variance Application A-10/21 Giesbrecht, 10580 Culloden Rd., North
Hall
Secretary/Treasurer M. Underhill presented Report DS-31/21.
20. PRESENTATIONS BY APPLICANT/AGENT
None.
21. PUBLIC SUBMISSIONS
None.
22. COMMITTEE QUESTIONS AND DISCUSSION
Committee Member Weisler inquired if there will be two entrances as an existing and proposed
driveway is noted on the drawing.
Secretary/Treasurer M. Underhill advised the existing driveway services the house and the
landowner will have to apply to the County for the proposed driveway.
Committee Member Weisler asked if the current zoning would permit a residential business to
which M. Underhill replied the zoning does permit specific home occupations, however a
business outside of the home would require a rezoning application to Council for approval.
23. DECISION OF COMMITTEE (Motions)
Moved by: S. Chilcott
Seconded by: D. Froese
THAT the Committee of Adjustment Secretary/Treasurer's report DS-31/21 regarding
the Giesbrecht 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-10/21 submitted by Bernhard and Maria Giesbrecht,
Statutory Planning Minutes — Committee of Adjustment
May 20, 2021
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 9.5.1 Maximum Accessory Building Height — to permit a height of 5.9
metres (19.3 ft) whereas 4.5 metres (14.8 ft) is permitted;
• Section 9.7 Maximum Floor Area for an Accessory Building —to permit a building
floor area of 146.5 m2 (1,577 ft2) whereas 75 m2 (807.3 ft2) is permitted;
CARRIED
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Moved by: V. Donnell
Seconded by: D. Froese
THAT the Committee of Adjustment hearing for consideration of Minor Variance
Application A-10/21 be adjourned at 6:56 p.m.;
AND THAT in accordance with the regulations of the Planning Act, Notices of Decision
be circulated by the Secretary -Treasurer accordingly.
DATE:
CHAIRPER N SECRETARY TREASURER
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