HomeMy WebLinkAboutMay 19, 2022 - Planning - Committee of AdjustmentCOMMITTEE OF ADJUSTMENT MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
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
COMMITTEE MEMBERS PRESENT: ED KETCHABAW
RAINEY WEISLER
C. VALERIE DONNELL
DANFROESE
COMMITTEE MEMBERS ABSENT: SUSAN CHILCOTT
STAFF PRESENT
CAOICLERK THOMAS THAYER
DEPUTY CLERK MEAGAN ELLIOTT
SECRETARY/TREASURER MARGARET UNDERHILL
MANAGER OF PUBLIC WORKS STEVE ADAMS
TREASURER LORNE JAMES
SIGNED IN ATTENDEES A-03/22: WESLEY DYCK
SHAUNI JAUMOL
SIGNED IN ATTENDEES A-04/22: N/A
SIGNED IN ATTENDEES A-05/22: BARRY WADE
DON JESSO
MAGGIE TOBIJANSKA
APPLICATION A-03/22
1. CALL TO ORDER
Chair Ketchabaw called the meeting to order at 6:30 p.m.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
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
Statutory Planning Minutes — Committee of Adjustment
May 19, 2022
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.
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
Secretary/Treasurer M. Underhill presented Report DS-23/22.
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 Donnell
Seconded by: Committee Member Weisler
THAT the Committee of Adjustment Secretary/Treasurer's report DS-23/22 regarding
the Dyck Giesbrecht 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-03/22 by Wesley Dyck, Crystal Giesbrecht and Peter Dyck
Estate, 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 10.9.3 Corner Lot Side Yard Setback to permit a minimum of 2.0 metres
(6.56 ft.) for the existing dwelling whereas 4.5 metres (14.76 ft.) is the permitted
minimum
Statutory Planning Minutes — Committee of Adjustment
May 19, 2022
Section 10.11 Maximum Floor Area for an Accessory Building to permit a
maximum accessory building floor area of 84 m2 (904 ft2) (adjusted for potential
discrepancy at time of construction) where 65 m2 (700 ft2) is the permitted
maximum, and
Condition:
1. The proposed building being used only for storage use accessory to the
residential use.
CARRIED
9. ADJOURNMENT
Moved by: Committee Member Donnell
Seconded by: Committee Member Froese
THAT the Committee of Adjustment hearing for consideration of Minor Variance Application A-
03/22 be adjourned at 6:35 p.m.;
AND THAT in accordance with the regulations of the Planning Act, Notices of Decision be
circulated by the Secretary -Treasurer accordingly.
CARRIED
APPLICATION A-04/22
10. CALL TO ORDER
Chair Ketchabaw called the meeting to order at 6:36 p.m.
11. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
12. APPLICATION
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.
Statutory Planning Minutes — Committee of Adjustment
May 19, 2022
13. STAFF PRESENTATION
B. Report DS-24/22 by Margaret Underhill, Secretary/Treasurer re Committee of Adjustment
Minor Variance Application A-04/22 Kalmbach — 56017 Heritage Line
Secretary/Treasurer M. Underhill presented Report DS-24/22.
14. PRESENTATIONS BY APPLICANT/AGENT
No presentations were made.
15. PUBLIC SUBMISSIONS
Secretary/Treasurer M. Underhill confirmed no submissions received.
16. COMMITTEE QUESTIONS AND DISCUSSION
No questions from the Committee.
17. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Donnell
Seconded by: Committee Member Froese
THAT the Committee of Adjustment Secretary/Treasurer's report DS-24/22 regarding
the Kalmbach 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-04/22 by Walter Kalmbach, 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 10.11 Maximum Floor Area for an Accessory Building to permit an
accumulative maximum accessory building floor area of 95 m2 (1022 ft2) where
65 m2 (700 ft2) is the permitted maximum
Condition:
1. The proposed building being used only for storage use accessory to the
residential use.
CARRIED
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Statutory Planning Minutes — Committee of Adjustment
May 19, 2022
18. ADJOURNMENT
Moved by: Committee Member Weisler
Seconded by: Committee Member Froese
THAT the Committee of Adjustment hearing for consideration of Minor Variance Application A-
04/22 be adjourned at 6:40 p.m.;
AND THAT in accordance with the regulations of the Planning Act, Notices of Decision be
circulated by the Secretary -Treasurer accordingly.
CARRIED
APPLICATION A-05/22
19. CALL TO ORDER
Chair Ketchabaw called the meeting to order at 6:41 p.m.
20. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
21. APPLICATION
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
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.
22. STAFF PRESENTATION
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
Statutory Planning Minutes — Committee of Adjustment
May 19, 2022
Secretary/Treasurer M. Underhill presented Report DS-25/22.
23. PRESENTATIONS BY APPLICANT/AGENT
No presentations were made.
24. PUBLIC SUBMISSIONS
Secretary/Treasurer M. Underhill confirmed no submissions received.
25. COMMITTEE QUESTIONS AND DISCUSSION
Committee Member Weisler asked clarifying questions regarding resident parking and access.
26. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Donnell
Seconded by: Committee Member Froese
THAT the Committee of Adjustment Secretary/Treasurer's report DS-25/22 regarding
the 13369391 Canada Inc. 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-05/22 by 13369391 Canada Inc. 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 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
Condition:
1. Variances are conditional upon the development of the lands generally in
keeping with the floor plan provided, subject to Site Plan Control.
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Statutory Planning Minutes — Committee of Adjustment
May 19, 2022
2. The applicant enter into an Agreement with the Municipality to provide
Parking Cash -in -Lieu in accordance with By-law No. 2020-054, which can be
included in the pending Site Plan Agreement.
CARRIED
27. ADJOURNMENT
Moved by: Committee Member Weisler
Seconded by: Committee Member Donnell
THAT the Committee of Adjustment hearing for consideration of Minor Variance Application A-
05/22 be adjourned at 6:48 p.m.;
AND THAT in accordance with the regulations of the Planning Act, Notices of Decision be
circulated by the Secretary -Treasurer accordingly.
DATE: �f a
CHAIRR RSON
CARRIED
SECRETARY TREASURER