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HomeMy WebLinkAboutNovember 04, 2021 - Planning - Committee of AdjustmentCOMMITTEE OF ADJUSTMENT MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers - Held Virtually Thursday, November 4, 2021 6:45 p.m. A. Andrew and Kim Heutinck A-23/21 B. Frank and Lisa Fulop A-24/21 The November 4, 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 A. 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 BARAN I K B. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. C. APPLICATION A. Minor Variance Application A-23/21 Andrew and Kim Heutinck THE PURPOSE of the variance is to grant relief from Zoning By-law regulations in Section 5.4 Minimum Lot Frontage, to permit minimum lot frontage of 50.0 m (164 ft) whereas 150.0 m (492 ft) is the permitted minimum, for lands located at Concession 10 North Part Lots 20 and 21 at the east end of Green Line. THE EFFECT of this variance will be to permit reduced minimum lot frontage on an opened maintained road by way of the applicant entering into development agreement with the Municipality for the applicant to upgrade and extend the municipal roadway on Statutory Planning Minutes — Committee of Adjustment November 4, 2021 a 50.0 m by 20.1 m (66 ft) portion of unopened road to municipal standards, where the existing zero lot frontage is improved to permit future development of the subject lands. D. STAFF PRESENTATION A. Report DS-62/21 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment re Committee of Adjustment Minor Variance Application A-23/21 Heutinck, Green Line Secretary/Treasurer M. Underhill presented Report DS-62/21. None. F. PUBLIC SUBMISSIONS None. G. COMMITTEE QUESTIONS AND DISCUSSION V. Donnell asked if there are similar situations in the Municipality. M. Underhill replied there are no other similar situations as this is a unique situation located at the dead end of the road allowance and is to be considered on its own merit. H. DECISION OF COMMITTEE (Motions) Moved by: V. Donnell Seconded by: R. Weisler THAT the Committee of Adjustment Secretary/Treasurer's report DS-62/21 regarding the Heutinck 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 variance as presented meets Section 45.1(1) of the Planning Act and is considered minor; THEREFORE application A-23/21 submitted by Andrew and Kim Heutinck, 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 5.4 Minimum Lot Frontage — to permit a minimum lot frontage of 50.0 metres (164 ft.) whereas 150.0 metres (492 ft.) is the permitted minimum on the Agricultural (Al-A)subject lands Condition: Development Agreement for Green Line road extension to be executed within 60 days of the minor variance approval. IQ Statutory Planning Minutes — Committee of Adjustment November 4, 2021 Recorded vote: Member of Committee of Adjustment YES NO C. Valerie Donnell Dan Froese _ X _ X X Susan Chilcott Rainey Weisler X _ X Ed Ketchabaw CARRIED I. ADJOURNMENT Moved by: R. Weisler Seconded by: D. Froese THAT the Committee of Adjustment hearing for consideration of Minor Variance Application A-23/21 be adjourned at 6:53 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 Susan Chilcott x Rainey Weisler x Ed Ketchabaw x CARRIED J. APPLICATIONS B. Minor Variance Application A-24/21 Frank and Lisa Fulop NO THE PURPOSE of the variance is to grant relief from Zoning By-law regulations in Section 10.10 Minimum Rear Yard Depth to permit a rear yard setback of 2.1 m (6.9 feet) whereas 7.0 m (22.9 feet) is required for a single detached dwelling in the Village Residential (R1) Zone, for the property located at 34 Victoria Street, north of Wellington Street. Statutory Planning Minutes — Committee of Adjustment November 4, 2021 THE EFFECT of this variance will be to recognize the existing rear yard of the single - detached dwelling. K. STAFF PRESENTATION B. Report DS-63/21 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment re Committee of Adjustment Minor Variance Application A-24/21 Fulop, 34 Victoria Street, Port Burwell Secretary/Treasurer M. Underhill presented Report DS-63/21. L. PRESENTATIONS BY APPLICANT/AGENT None. ILI, II -1 None. N. COMMITTEE QUESTIONS AND DISCUSSION None. O. DECISION OF COMMITTEE (Motions) Moved by: R. Weisler Seconded by: S. Chilcott THAT the Committee of Adjustment Secretary/Treasurer's report DS-63/21 regarding the Fulop 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 variance as presented meet Section 45.1(1) of the Planning Act and is considered minor; THEREFORE application A-24/21 submitted by Frank and Lisa Fulop, 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 10.10 Minimum Rear Yard Depth to recognize a depth of 2.1 m (6.9 feet) for the existing main residential building whereas 7.Om (22.9 feet) is required for a single detached dwelling in the R1 Zone 5 Statutory Planning Minutes — Committee of Adjustment November 4, 2021 Recorded vote: Member of Committee of _ Adjustment _ C. Valerie Donnell Dan Froese Susan Chilcott Rainey Weisler Ed Ketchabaw YES NO x x x x X - - - - CARRIED P. ADJOURNMENT Moved by: V. Donnell Seconded by: S. Chilcott THAT the Committee of Adjustment hearing for consideration of Minor Variance Application A-24/21 be adjourned at 6:57 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 YES NO C. Valerie Donnell x Dan Froese x Susan Chilcott x Rainey Weisler x Ed Ketchabaw x CARRIED DATE:f goo�l CRAJAP8RSON SECRETARY EASURER