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HomeMy WebLinkAboutMay 19, 2022 - Planning - Committee of AdjustmentCOMMITTEE OF ADJUSTMENT AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers - Held Virtually Thursday, May 19, 2022 6:30 p.m. A. A-03/22 Dyck – 9362 West Street B. A-04/22 Kalmbach – 56017 Heritage Line C. A-05/22 133693391 Canada Inc. – 47 Robinson Street This Meeting will be held in person and will not be live-streamed or recorded to YouTube. 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. APPLICATION A. Minor Variance Application A-03/22 Dyck – 9362 West Street THE PURPOSE of the variance is to grant relief from Zoning By-law regulations in Section 10.11 Regulations for Accessory Buildings, to permit accessory building maximum floor area of 83.6 m2 (900 ft2) whereas 65 m2 (700 ft2) is the permitted maximum, for lands located at 9362 West Street, east side, north side of Second Street, in the village of Straffordville. THE EFFECT of this variance will be to permit an oversized building intended to be used for personal, vehicle and yard equipment storage accessory to an existing single detached dwelling. B. Minor Variance Application A-04/22 Kalmbach – 56017 Heritage Line THE PURPOSE of the variance is to grant relief from Zoning By-law regulations in Section 10.11 Regulations for Accessory Buildings, to permit accessory building maximum floor area of 95 m2 (1,022 ft2) whereas 65 m2 (700 ft2) is the permitted maximum, for lands located at 56017 Heritage Line, south side, west of Sandytown Road, in the village of Straffordville. THE EFFECT of this variance will be to permit, in addition to the existing accessory building with floor area of 11.2 m2 (120 ft2), an oversized accessory building with floor area of 83.6 m2 (900 ft2) intended to be used for personal, woodworking hobby equipment, vehicle and yard equipment storage accessory to an existing single detached dwelling. C. Minor Variance Application A-05/22 133693391 Canada Inc. – 47 Robinson Street THE PURPOSE of the variance is to grant relief from Zoning By-law regulations in Section 4.4.3, Section 4.4.5, Section 4.32 and Section 17.10, to permit: residential gross floor area percentage 77% whereas 50% is the permitted maximum; residential accessory dwelling 2 Statutory Planning Agenda – Committee of Adjustment May 19, 2022 unit amenity area on the 2nd and 3rd storeys whereas amenity area is permitted either at ground level or on the roof of the first storey; zero commercial parking whereas three (3) parking spaces are the required minimum; and, minimum lot area per dwelling unit of 142 m2 (1,528 ft2) whereas 460.0 m2 (4,951 ft2) is the permitted minimum, for lands located at 47 Robinson Street, west side, north of Wellington Street, in the village of Port Burwell. THE EFFECT of this variance will be to facilitate the development of the existing vacant lot with proposed intent of commercial retail use on the main floor and two dwelling units on the second and third storey, one unit to be occupied by the owner. The size and topography of the existing lot has an impact on: providing additional retail floor area on the main floor; amenity area on ground level or the first floor roof; additional parking for the commercial use in accordance to Parking Cash-In-Lieu By-law No. 2020-054; and providing minimum lot area per unit. 4. STAFF PRESENTATION A. Report DS-23/22 by Margaret Underhill, Secretary/Treasurer re Committee of Adjustment Minor Variance Application A-03/22 Dyck – 9362 West Street B. Report DS-24/22 by Margaret Underhill, Secretary/Treasurer re Committee of Adjustment Minor Variance Application A-04/22 Kalmbach – 56017 Heritage Line C. Report DS-25/22 by Margaret Underhill, Secretary/Treasurer re Committee of Adjustment Minor Variance Application A-05/22 13369391 Canada Inc. – 47 Robinson Street 5. PRESENTATIONS BY APPLICANT/AGENT 6. PUBLIC SUBMISSIONS 7. COMMITTEE QUESTIONS AND DISCUSSION 8. DECISION OF COMMITTEE (Motions) 9. ADJOURNMENT A-03/22 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: WESLEY DYCK, CRYSTAL GRIESBRECHT AND PETER DYCK ESTATE LOCATED AT: 9362 WEST STREET, STRAFFORDVILLE TAKE NOTICE that the Municipality of Bayham has received a completed application for a proposed Minor Variance (A-03/22). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold an in-person public meeting on Thursday May 19th, 2022 at 6:30 pm in the Municipal Council Chambers at 56169 Heritage Line, Straffordville to consider a proposed minor variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT. THE PURPOSE of the variance is to grant relief from Zoning By-law regulations in Section 10.11 Regulations for Accessory Buildings, to permit accessory building maximum floor area of 83.6 m2 (900 ft2) whereas 65 m2 (700 ft2) is the permitted maximum, for lands located at 9362 West Street, east side, north side of Second Street, in the village of Straffordville. THE EFFECT of this variance will be to permit an oversized building intended to be used for personal, vehicle and yard equipment storage accessory to an existing single detached dwelling. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. Please be advised that equal consideration is given to all written and oral presentations provided prior to or at the public meeting. When possible, please consider utilizing written correspondence. IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by contacting the Municipal Office. DATED at the Municipality of Bayham this 6th day of May 2022. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 Tel: 519-866-5521 Ext 222 Fax: 519-866-3884 E-mail: munderhill@bayham.on.ca W: www.bayham.on.ca Village of Straffordville A-04/22 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: WALTER KALMBACH LOCATED AT: 56017 HERITAGE LINE, STRAFFORDVILLE TAKE NOTICE that the Municipality of Bayham has received a completed application for a proposed Minor Variance (A-04/22). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold an in-person public meeting on Thursday, May 19th, 2022 at 6:30 pm in the Municipal Council Chambers at 56169 Heritage Line, Straffordville to consider a proposed minor variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT. THE PURPOSE of the variance is to grant relief from Zoning By-law regulations in Section 10.11 Regulations for Accessory Buildings, to permit accessory building maximum floor area of 95 m2 (1,022 ft2) whereas 65 m2 (700 ft2) is the permitted maximum, for lands located at 56017 Heritage Line, south side, west of Sandytown Road, in the village of Straffordville. THE EFFECT of this variance will be to permit, in addition to the existing accessory building with floor area of 11.2 m2 (120 ft2), an oversized accessory building with floor area of 83.6 m2 (900 ft2) intended to be used for personal, woodworking hobby equipment, vehicle and yard equipment storage accessory to an existing single detached dwelling. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. Please be advised that equal consideration is given to all written and oral presentations provided prior to or at the public meeting. When possible, please consider utilizing written correspondence. IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by contacting the Municipal Office. DATED at the Municipality of Bayham this 6th day of May 2022. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 Tel: 519-866-5521 Ext 222 Fax: 519-866-3884 E-mail: munderhill@bayham.on.ca W: www.bayham.on.ca Village of Straffordville A-05/22 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: 133693391 CANADA INC. LOCATED AT: 47 ROBINSON STREET, PORT BURWELL TAKE NOTICE that the Municipality of Bayham has received a completed application for a proposed Minor Variance (A-05/22). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold an in-person public meeting on Thursday, May 19th, 2022 at 6:30 pm in the Municipal Council Chambers at 56169 Heritage Line, Straffordville to consider a proposed minor variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT. THE PURPOSE of the variance is to grant relief from Zoning By-law regulations in Section 4.4.3, Section 4.4.5, Section 4.32 and Section 17.10, to permit: residential gross floor area percentage 77% whereas 50% is the permitted maximum; residential accessory dwelling unit amenity area on the 2nd and 3rd storeys whereas amenity area is permitted either at ground level or on the roof of the first storey; zero commercial parking whereas three (3) parking spaces are the required minimum; and, minimum lot area per dwelling unit of 142 m2 (1,528 ft2) whereas 460.0 m2 (4,951 ft2) is the permitted minimum, for lands located at 47 Robinson Street, west side, north of Wellington Street, in the village of Port Burwell. THE EFFECT of this variance will be to facilitate the development of the existing vacant lot with proposed intent of commercial retail use on the main floor and two dwelling units on the second and third storey, one unit to be occupied by the owner. The size and topography of the existing lot has an impact on: providing additional retail floor area on the main floor; amenity area on ground level or the first floor roof; additional parking for the commercial use in accordance to Parking Cash-In-Lieu By-law No. 2020-054; and providing minimum lot area per unit. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. Please be advised that equal consideration is given to all written and oral presentations provided prior to or at the public meeting. When possible, please consider utilizing written correspondence. IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by contacting the Municipal Office. DATED at the Municipality of Bayham this 6th day of May 2022. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 Tel: 519-866-5521 Ext 222 Fax: 519-866-3884 E-mail: munderhill@bayham.on.ca W: www.bayham.on.ca Village of Port Burwell TO: FROM: DATE: REPORT: SUBJECT: REPORT DEVELOPMENT SERVICES Committee of Adjustment Members Margaret Underhill, Secretary/Treasurer Committee of Adjustment May 19, 2022 DS-25/22 FILE NO. C-07 / D12.13369391 Roll # 34-01-002-001-24200 Committee of Adjustment Minor Variance A-05/22 13369391 Canada Inc. 47 Robinson Street, Port Burwell BACKGROUND: Appointed Agent Barry Wade Design has submitted a minor variance application on behalf of Owner 13369391 Canada Inc. for property located at 47 Robinson Street, west side, north of Wellington Street, Port Burwell. The property is designated "Commercial" on Schedule "D" Port Burwell: Land Use and Constraints in the Official Plan and are zoned Central Business District (C1) on Schedule "I" of the Zoning By-law No. 2456-2003. The purpose of the variance is to grant relief from Zoning By-law regulations in Section 4.4.3, Section 4.4.5, Section 4.32 and Section 17.10, to permit: residential gross floor area percentage 77% whereas 50% is the permitted maximum; residential accessory dwelling unit amenity area on the 2nd and 3rd storeys whereas amenity area is permitted either at ground level or on the roof of the first storey; zero commercial parking whereas three (3) parking spaces are the required minimum; and, minimum lot area per dwelling unit of 142 m2 (1,528 ft2) whereas 460.0 m2 (4,951 ft2) is the permitted minimum. The effect of this variance will be to facilitate the development of the existing vacant lot with proposed intent of commercial retail use on the main floor and two dwelling units on the second and third storey, one unit to be occupied by the owner. The size and topography of the existing lot has an impact on: providing additional retail floor area on the main floor; amenity area on ground level or the first floor roof; additional parking for the commercial use in accordance to Parking Cash-In-Lieu By-law No. 2020-054; and providing minimum lot area per unit. DISCUSSION: The Committee of Adjustment must be satisfied that the application meets the four "tests" of Planning Act Section 45. (1) for a minor variance to the zoning by-law. The planner's memorandum dated May 10, 2022 outlines the variances required for compliance and the full analysis of the four "tests".