HomeMy WebLinkAboutDecember 02, 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, December 2, 2021
6:45 p.m.
A. Countryside Communities Inc. A-25/21
B. Countryside Communities Inc. A-26/21
The December 2, 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
FIRE CHIEFIBY-LAW ENFORCEMENT OFFICER
SIGNED IN ATTENDEES: Cale Barnes
Reg Barnes
Jon Culford
Patti Culford
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
HARRY BARANIK
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
3. APPLICATION
A. Minor Variance Application A-25/21 Countryside Communities Inc.
THE PURPOSE of the proposed variance is to grant relief from Zoning By-law
regulations in Section 10.3 Minimum Lot Area, to permit minimum lot area of 740.0 m2
(7,965 ft2) whereas 800.0 m2 (8,611 ft2) is the permitted minimum, for lands located at
Lot 24 West Side Oak Street ON Registered Plan 54, in the village of Vienna.
THE EFFECT of this variance will be to permit reduced minimum lot area for future
residential development on an existing vacant surveyed lot.
4_ STAFF PRESENTATION
fA. Report DS-64/21 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment
re Committee of Adjustment Minor Variance Application A-25/21 and A-26/21
Countryside Communities Inc., Oak Street/Snow Street (John Street), Vienna
Secretary/Treasurer M. Underhill presented Report DS-64/21.
Statutory Planning Minutes — Committee of Adjustment
December 2, 2021
5. PRESENTATIONS BY APPLICANT/AGENT
None.
6. PUBLIC SUBMISSIONS
Jon Culford spoke in opposition to the Minor Variance due to risk of reduced property values.
7. COMMITTEE QUESTIONS AND DISCUSSION
V. Donnell inquired about creating two lots that meet the lot size instead of creating three.
Cale Barnes responded the three lots meet the minimum frontage and will have new homes
which should increase property dwelling values.
Jon Culford asked what type of dwelling would be built if the Variance is permitted to which Cale
Barnes responded fully detached home.
8. DECISION OF COMMITTEE (Motions)
Moved by: S. Chilcott
Seconded by: D. Froese
THAT the Committee of Adjustment SecretarylTreasurer's report DS-64/21 regarding
the Countryside Communities Inc. variance applications be received;
AND THAT the Committee of Adjustment considered all written and oral submissions
received on these applications, 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-25/21 submitted by Countryside Communities Inc., 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 10.3 Minimum Lot Area to permit a minimum lot area of 740.0 m2 (7,965
ft2) whereas 800 m2 (8,611 ft2) is the required minimum for a residential lot with
full municipal services in the Village Residential (R1) Zone; and,
Provided the owner is legally able to separately convey the lot.
Recorded vote:
Member of Committee of
Adjustment
Valerie Donnell
Dan Froese
Susan Chilcott
Rainey Weisler
Ed Ketchabaw
YES NO
x _ I
x I
Statutory Planning Minutes — Committee of Adjustment
December 2, 2021
CARRIED
9. ADJOURNMENT
Moved by: V. Donnell
Seconded by: S. Chilcott
THAT the Committee of Adjustment hearing for consideration of Minor Variance
Application A-25/21 be adjourned at 6:55 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
x
x
NO
_
C. Valerie Donnell
Dan Froese
Susan Chilcott
x
Rainey Weisler
Ed Ketchabaw
x
X
CARRIED
10. APPLICATION
B. Minor Variance Application A-26/21 Countryside Communities Inc.
THE PURPOSE of the variance is to grant relief from Zoning By-law regulations in
Section 10.3 Minimum Lot Area, to permit minimum lot area of 740.0 m2 (7,965 ft2)
whereas 800.0 m2 (8,611 ft2) is the permitted minimum, for lands located at Lot 24
east side of Snow Street on Registered Plan 54, in the village of Vienna.
THE EFFECT of this variance will be to permit reduced minimum lot area for future
residential development, subject to frontage on an open public roadway, on an existing
vacant surveyed lot.
11. STAFF PRESENTATION
B Report DS-64/21 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment
re Committee of Adjustment Minor Variance Application A-25/21 and A-26/21
Countryside Communities Inc., Oak Street/Snow Street (John Street), Vienna
Secretary/Treasurer M. Underhill presented Report DS-64/21 and advised the Committee of a
transcribing error in the Report's recommendation being that the actual lot area variance
requested is 689.55 m2 (7,422 ft2) and that staff and planner support the reduced lot area
variance.
4
Statutory Planning Minutes — Committee of Adjustment
December 2, 2021
12. PRESENTATIONS BY APPLICANT/AGENT
None.
13. PUBLIC SUBMISSIONS
Jon Culford asked if the intent is for a dwelling and if so what type.
Cale Barnes replied fully detached dwelling.
14. COMMITTEE QUESTIONS AND DISCUSSION
R. Weisler asked about the process regarding the unopened road allowance.
Secretary/Treasurer M. Underhill advised the road has to be developed by the developer
through a draft plan of subdivision.
15. DECISION OF COMMITTEE (Motions)
Moved by: V. Donnell
Seconded by: D. Froese
THAT the Committee of Adjustment Secretary/Treasurer's report DS-64/21 regarding
the Countryside Communities Inc. variance applications be received;
AND THAT the Committee of Adjustment considered all written and oral submissions
received on these applications, 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-26/21 submitted by Countryside Communities Inc., 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 10.3 Minimum Lot Area to permit a minimum lot area of 689.55 m2
(7,422 ftZ) whereas 800.0 m2 (8,611 ft2) is the permitted minimum for a residential
lot with full municipal services in the Village Residential (R1) Zone; and,
Provided the owner is legally able to separately convey the lot, the lot is
connected to the municipal water and sewer services at the time of development
and that the owner develops/constructs and legally opens the roadway and the
municipality assumes control and maintenance of the roadway.
Recorded vote:
Member of Committee of YES I NO
Adjustment
C. Valerie Donnell x
Dan Froese x
Susan Chilcott x
5
Statutory Planning Minutes — Committee of Adjustment
December 2, 2021
Rainey Weisler I x
Ed Ketchabaw I x
CARRIED
16. ADJOURNMENT
Moved by: V. Donnell
Seconded by: D. Froese
THAT the Committee of Adjustment hearing for consideration of Minor Variance
Application A-26/21 be adjourned at 7:03 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 NO
Adjustment
C. Valerie Donnell x _
Dan Froese x
Susan Chilcott _ x
Rainey Weisler x
Ed Ketchabaw I x
CARRIED
DATE: /610/
HA.RPERSON SECRETARY/TREASURER