HomeMy WebLinkAboutOctober 07, 2021 - Planning - Committee of Adjustment Klassen, WallCOMMITTEE OF ADJUSTMENT MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers - Held Virtually
Thursday, October 7, 2021
6:45 p.m.
A. Margaret Klassen A-20/21
B. Aron and Katherine Wall A-21/21
The October 7, 2021 Committee of Adjustment Meeting was held virtually via Zoom and
livestreamed on YouTube.
COMMITTEE MEMBERS PRESENT:
SECRETARY/TREASURER
STAFF PRESENT:
CAOICLERK
DEPUTY CLERK
TREASURER
MANAGER OF CAPITAL PROJECTS1
WATER/WASTEWATER
MANAGER OF PUBLIC WORKS
FIRE CHIEFIBY-LAW ENFORCEMENT OFFICER
SIGNED IN ATTENDEES: None
CALL TO ORDER
E. Ketchabaw called the meeting to order at 6:45 p.m.
ED KETCHABAW
RAINEY WEISLER
C. VALERIE DONNELL
DANFROESE
SUSAN CHILCOTT
MARGARET UNDERHILL
THOMAS THAYER
BRENDA GIBBONS
LORNE JAMES
ED ROLOSON
STEVE ADAMS
HARRY BARANIK
DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
3_ APPLICATION
A. Minor Variance Application A-20/21 Margaret Klassen
THE PURPOSE of the variance is to grant relief from Zoning By-law regulations in
Section 9.5.1 Maximum Accessory Building Height and Section 9.7 Maximum Floor Area
for an Accessory Building, to permit: maximum accessory building height of 6.1 m (20
ft); and to permit maximum accessory building floor area of 130 m2 (1,400 ft2) whereas
75 m2 (807 ft2) or 8% lot coverage whichever is less, is the permitted maximum, for lands
located at 11350 Culloden Road, east side, north of Best Line, in the hamlet of Corinth.
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Statutory Planning Minutes — Committee of Adjustment
October 7 2021
THE EFFECT of this variance will be to permit an oversized accessory garage with floor
area of 117 m2 (1,260 ft2) to store personal items and yard equipment and use as a shop
accessory to an existing single detached dwelling, in addition to the existing 13.0 m2 (140
ft2) shed.
4. STAFF PRESENTATION
A. Report DS-56/21 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment
re Committee of Adjustment Minor Variance Application A-20/21 Klassen, 11350
Culloden Road, Corinth
Secretary/Treasurer M. Underhill presented Report DS-56/21
5. PRESENTATIONS BY APPLICANT/AGENT
None.
6, PUBLIC SUBMISSIONS
Correspondence was received and circulated from Robert and Wendy Chilcott.
7, COMMITTEE QUESTIONS AND DISCUSSION
E. Ketchabaw asked if there were any Planning concerns in the correspondence that would
indicate the Minor Variance application should not be supported. M. Underhill responded the
concerns were in regard to the size of the lot, which is large enough to support the current shed
and the requested accessory building. The applicant will be limited to that which is approved in
the Minor Variance application. M. Underhill also advised the use is for storage of personal
items only.
V. Donnell asked if there could be additional accessory buildings on the property. M. Underhill
advised with the addition of the proposed accessory building the applicant will have reached the
maximum floor area permitted. Therefore no additional accessory buildings will be permitted.
S. Chilcott asked if they are limited to personal storage use. M. Underhill confirmed the
applicant is only looking for storage of personal items.
8, DECISION OF COMMITTEE (Motions)
Moved by: V. Donnell
Seconded by: D. Froese
THAT the Committee of Adjustment Secretary/Treasurer's report DS-56/21 regarding
the Klassen 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;
Statutory Planning Minutes — Committee of Adjustment
October 7 2021
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-20/21 submitted by Margaret Klassen, 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 maximum accessory
building height of 6.1 m (20 ft.) whereas the permitted maximum is 4.5 m (14.7
ft.), and;
Section 9.7 Maximum Floor Area for an Accessory Building to permit maximum
accessory building floor area of 130 m2 (1,400 ft2) whereas 75 m2 (807 ft2) or 8%
lot coverage whichever is less, is the permitted maximum.
Provided the accessory building is used for accessory uses to the primary
residential use of the lands.
Recorded vote:
Member of Committee of
Adjustment
C. Valerie Donnell
Dan Froese
Susan Chilcott
Ed Ketchabaw
9. ADJOURNMENT
Moved by: S. Chilcott
Seconded by: D. Froese
YES
CARRIED
7kX
THAT the Committee of Adjustment hearing for consideration of Minor Variance
Application A-20/21 be adjourned at 6:58 p.m.;
AND THAT in accordance with the regulations of the Planning Act, Notices of Decision
be circulated by the Secretary -Treasurer accordingly.
Recorded vote:
Member of Committee of YES
Adjustment _
C. Valerie Donnell x _
Dan Froese x
NO
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Statutory Planning Minutes — Committee of Adjustment
October 7 2021
Susan Chilcott x
_ Rainey Weisler x
Ed Ketchabaw x
CARRIED
10. APPLICATION
B. Minor Variance Application A-21/21 Aron & Katherine Wall
THE PURPOSE of the variance is to grant relief from Zoning By-law regulations in
Section 4.2 Accessory Uses, subsections b) and c) and Village Residential (R1) Section
10.11 Regulations for Accessory Buildings, subsection c) and d), to permit: an accessory
building in a front yard and closer to the street than the main building on the lot; and, to
permit accessory building height of 5.8 m (19 ft) whereas 4.5 m (14.7 ft) is the permitted
maximum and accessory building floor area of 125.4 m2 (1,350 m2) whereas 65.0 m2
(700 ft2) is the permitted maximum, for lands located at 9628 Plank Road, east side,
north of 5th Street, in the village of Straffordville.
THE EFFECT of this variance will be to permit an oversized accessory garage for
personal storage, including yard maintenance equipment and recreational yard items
(lawn mower, trimmers, bikes, yard toys, etc.) and use it as a shop accessory to an
existing single detached dwelling, located in the front yard and closer to the street than
the existing dwelling.
11. STAFF PRESENTATION
B. Report DS-57/21 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment
re Committee of Adjustment Minor Variance Application A-21/21 Wall, 9628 Plank
Road, Straffordville
Secretary/Treasurer M. Underhill presented Report DS-57/21
12. PRESENTATIONS BY APPLICANT/AGENT
None.
13. PUBLIC SUBMISSIONS
None.
14. COMMITTEE QUESTIONS AND DISCUSSION
R. Weisler noted the accessory building is proposed to be at the front of the property and asked
if there are other similar lots in the village. M. Underhill advised this is a unique property and
the applicant is restricted to where they can place the accessory building.
Statutory Planning Minutes — Committee of Adjustment
October 7 2021
15. DECISION OF COMMITTEE (Motions)
Moved by: D. Froese
Seconded by: S. Chilcott
THAT the Committee of Adjustment Secretary/Treasurer's report DS-57/21 regarding
the Wall 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-21/21 submitted by Aron and Katharina Wall, 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 4.2 Accessory Uses, subsections b) and c) to permit an accessory
building in a front yard and closer to the street than the main building on the lot;
Section 10.11 Regulations for Accessory Buildings, subsection c) to permit a
maximum accessory building height of 5.9 m (19.4 ft.) whereas 4.5 m (14.7 ft.) is
the permitted maximum, and subsection d) to permit a maximum accessory
building floor area of 125.5 m2 (1,350.8 ft2) whereas 65.0 m2 (700 ft2) is the
permitted maximum
Provided the accessory building is used for accessory uses to the primary
residential use of the lands.
Recorded vote:
Member of Committee of
Adjustment
C. Valerie Donnell
Dan Froese
Susan Chilcott
Rainey Weisler
Ed Ketchabaw
16. ADJOURNMENT
Moved by: R. Weisler
Seconded by: D. Froese
YES
x
x
x
x
x
CARRIED
NO
Statutory Planning Minutes — Committee of Adjustment
October 7 2021
THAT the Committee of Adjustment hearing for consideration of Minor Variance
Application A-21/21 be adjourned at 7:07 p.m.;
AND THAT in accordance with the regulations of the Planning Act, Notices of Decision
be circulated by the Secretary -Treasurer accordingly.
Recorded vote:
Member of Committee of
Adjustment
C. Valerie Donnell
Dan Froese
Rainey Weisler
Ed Ketchabaw
DATE: L (/CZ27/- d
YES I NO
x
x
x
x
x
CHAIRPE ' SON SECRETAPvY TREASURER