HomeMy WebLinkAboutApril 07, 2022 - 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, April 7, 2022
6:45 p.m.
A. Andrew and Kim Heutinck A-23/21
B. Casey White and Natalie Lachance A-02/22
The April 7, 2022 Committee of Adjustment Meeting was held virtually via Zoom and
livestreamed on YouTube.
COMMITTEE MEMBERS PRESENT:
STAFF PRESENT:
CAOICLERK
DEPUTY CLERK
SECRETARY/TREASURER
SIGNED IN ATTENDEES:
CALL TO ORDER
Chair Ketchabaw called the meeting to order at 6:45 p.m.
ED KETCHABAW
RAINEY WEISLER
C. VALERIE DONNELL
DAN FROESE
SUSAN CHILCOTT
THOMAS THAYER
MEAGAN ELLIOTT
MARGARET UNDERHILL
CASEY WHITE
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
APPLICATION A - HEUTINCK
3. 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 including the applicant entering into a development agreement
with the Municipality for the applicant to upgrade and extend the municipal roadway on
a 50.0 m by 20.1 m (665 ft) portion of unopened road to municipal standards, where the
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Statutory Planning Minutes — Committee of Adjustment
April 7, 2022
existing zero lot frontage is improved to permit future development of the subject lands.
The applicants were unable to find contractors to complete the road upgrade work during
the previous approval time frame.
4. STAFF PRESENTATION
A. Report DS-13/22 by Margaret Underhill, Secretary/Treasurer re Committee of
Adjustment Minor Variance Application A-23/21 Resubmission — Heutinck, Green Line
Secretary/Treasurer M. Underhill presented Report DS-13/22.
5. PRESENTATIONS BY APPLICANT/AGENT
No presentations were made.
6. PUBLIC SUBMISSIONS
Secretary/Treasurer M. Underhill confirmed no submissions received.
7. COMMITTEE QUESTIONS AND DISCUSSION
No questions from the Committee.
8. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Susan Chilcott
Seconded by: Committee Member Rainey Weisler
THAT the Committee of Adjustment Secretary/Treasurer's report DS-13/22 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 THAT application A-23/21 is a resubmission of a previously approved minor
variance on November 4, 2021 due to unfulfilled conditions;
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 resubmitted application A-23/21 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:
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Statutory Planning Minutes — Committee of Adjustment
April 7, 2022
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 one year of the minor variance approval.
Recorded vote:
Member of Committee of YIES NO
Adjustment
C. Valerie Donnell x
Dan Froese x
Susan Chilcott x
Rainey Weisler x
Ed Ketchabaw x
CARRIED
9. ADJOURNMENT
Moved by: Committee Member Rainey Weisler
Seconded by: Committee Member C. Valerie Donnell
THAT the Committee of Adjustment hearing for consideration of Minor Variance
Application A-23/21 be adjourned at 6:52 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 x
CARRIED
APPLICATION B — WHITE & LACHANCE
10. APPLICATION
B. Minor Variance Application A-02/22 Casey White and Natalie Lachance
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Statutory Planning Minutes — Committee of Adjustment
April 7, 2022
THE PURPOSE of the variance is to grant relief from Zoning By-law regulations in
Section 4.2 c) Accessory Uses, Section 9.7 Maximum Floor Area for an Accessory
Building and Section 9.10 Minimum Rear Yard Setback to permit: maximum combined
accessory building floor area of 210 m2 (2,260 ft2) whereas 75.0 m2 (807 ft2) is the
permitted maximum; and, to grant relief from Section 5.2 Permitted Uses in the
Agricultural (Al) zone for accessory uses on a lot with two zones, Agricultural (Al) and
Hamlet Residential (HR) zones, to permit accessory building to the residential use in
the Al zone; to permit zero (0) minimum rear yard setback for the proposed accessory
building located on a portion of the Al and HR zoned lands where the zone boundary
of for lands with split zoning is considered a lot line; and, to permit an accessory
building in the front yard whereas accessory buildings are not permitted in the front
yard, for lands located at 57258 Eden Line, north side, west of Ridge Line, in the
hamlet of Eden.
THE EFFECT of this variance will be to recognize the existing barn with 60.2 m2 (648 ft2)
floor area and an existing shed with floor area of 8.9 m2 (96 ft2), to the rear of the lot, and
permit a portion of the proposed accessory building as permitted buildings and structures
accessory to the existing dwelling; to recognize the existing shed with floor area of 42.7
m2 (460 ft2) which is located in the front yard whereas accessory buildings are not
permitted in the front yard; and to permit the development of an accessory building
(garage) with floor area of 97.7 m2 (1,051 ft2) to be located to the rear of the new dwelling
constructed in 2020 and located on Al and HR zoned portions of the lot.
11. STAFF PRESENTATION
3 Report DS-14/22 by Margaret Underhill, Secretary/Treasurer re Committee of
Adjustment Minor Variance Application A-02/22 White, 57258 Eden Line
Secretary/Treasurer M. Underhill presented Report DS-14/22.
12. PRESENTATIONS BY APPLICANT/AGENT
Applicant Casey White was present for the meeting and briefly summarized the intent of the
application.
13. PUBLIC SUBMISSIONS
Secretary/Treasurer M. Underhill confirmed there was 1 submission received from a neighbor
having concerns surrounding drainage.
14. COMMITTEE QUESTIONS AND DISCUSSION
The Committee Members asked clarifying questions surrounding drainage, grading plans and if
the proposed location would affect the existing wind break. Secretary/Treasurer M. Underhill
requested applicant Casey White to speak to these issues and discussed potentially having a
larger side yard setback depending what comes of the grading plan. Secretary/Treasurer M.
Statutory Planning Minutes — Committee of Adjustment
April 7, 2022
Underhill confirmed that if that setback changes the applicant would not need to return as it is
not part of what is needing relief.
15. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member C. Valerie Donnell
Seconded by: Committee Member Susan Chilcott
THAT the Committee of Adjustment Secretary/Treasurer's report DS-14/22 regarding
the White 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-02/22 by Casey White and Natalie Lachance, pursuant to
Section 45 of the Planning Act for a minor variance, is granted to allow relief from
Municipality of Bayham Zoning By-law No. Z456-2003:
Section 5.2 Permitted Uses in the Agricultural (Al) Zone for accessory uses on a
lot with two zones, Agricultural (Al) and Hamlet Residential (HR) Zones, to
permit three accessory use buildings accessory to the residential dwelling use in
the HR zone located in or partially in the Al zone
Section 9.7 Maximum Floor Area for an Accessory Building to permit a maximum
combined accessory building floor area of 97.7 m2 (1,052 ft2) whereas 75.0m m2
(807 ft2) is the permitted maximum
Section 9.10 Minimum Rear Yard Setback to permit zero (0) minimum rear yard
setback for the proposed accessory building located on a portion of the Al and
HR Zoned lands where the zone boundary for lands with split zoning is
considered a lot line
Condition:
That the existing 42.7 m2 (460 ft2) accessory building located in a required
yard (front yard) be removed within six (6) months of conditional approval of
this Minor Variance.
That a lot grading plan showing the grades around the house and garage with
consideration of an increased side yard setback be submitted for municipal
approval prior to the finalization of the building permit for the garage.
Recorded vote:
Member of Committee of YES NO
Adjustment
Fry
Statutory Planning Minutes — Committee of Adjustment
April 7, 2022
C. Valerie Donnell
x
Dan Froese
x
Susan Chilcott
x
Rainey Weisler
x
Ed Ketchabaw
x
CARRIED
16. ADJOURNMENT
Moved by: Committee Member C. Valerie Donnell
Seconded by: Committee Member Dan Froese
THAT the Committee of Adjustment hearing for consideration of Minor Variance
Application A-02/22 be adjourned at 7,14 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
DATE: I
CARRIED
' R
SECRETARY TREASURER