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HomeMy WebLinkAboutFebruary 18, 2016 - Planning - Committee of Adjustment COMMITTEE OF ADJUSTMENT AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville, ON Council Chambers Thursday, February 18, 2016 6:30 p.m. 1. CALLTO ORDER 2. APPOINTMENT OF CHAIRMAN 3. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 4. APPLICATIONS A. Minor Variance Application A-01/16 Elliott— Request to grant relief from Zoning By-law Z456-2003, Section10.11 — regulations for Accessory Buildings and Section 4.2 — Accessory Uses to permit the construction of a two vehicle garage with a floor area of 62.4 m2 (672 ft2) and a height of 4.25 m (14 feet) in the front yard of the lot. B. Minor Variance Application A-02/16 Pihokker— Request to grant relief from Zoning By- law Z456-2003, Section 5.1 — regulations for Accessory Living Quarters to permit the installation of a second accessory bunkhouse building to accommodate an additional eight persons for a total of sixteen seasonal farm labourers in two bunkhouse buildings. 5. STAFF PRESENTATION A. Report DS-07/16 re Committee of Adjustment— Minor Variance —A-01/16 Elliott B. Report DS-08/16 re Committee of Adjustment— Minor Variance —A-02/16 Pihokker 6. PRESENTATIONS BY APPLICANT/AGENT 7. PUBLIC SUBMISSIONS 8. COMMITTEE QUESTIONS AND DISCUSSION 9. DECISION OF COMMITTEE (Motions) 10. ADJOURNMENT REPORT o� = o�,,cy DEVELOPMENT SERVICES portunity Is�C TO: Mayor & Members of Council FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment DATE: February 18, 2016 REPORT: DS-07/16 FILE NO. C-07 / D12.Elliott Roll # 34-01-002-001-31900 SUBJECT: Committee of Adjustment - Minor Variance—A-01/16 Elliott BACKGROUND: Jeffrey and Marcy Elliott have submitted a minor variance application for their 1400 mz property located on McCord Lane, south of Lakeshore Line, known municipally as 1 McCord Lane, Port Burwell. The property is designated "Residential" and "Hazard Lands" on Schedule `D' Port Burwell Land Use and Constraints in the Official Plan and zoned Village Residential (R1) and LPRCA Regulation Limit in the Bayham Zoning By-law Z456-2003. The purpose of the variances is to grant relief from Section 10.11 Village Residential (R1) Regulations for Accessory Buildings, a) No accessory building located less than 6.0 m from a public street (proposing 2 metres from street); and Section 4.2 Accessory Uses b) Shall not be closer to a front lot line than the minimum required for the main building (proposing 2 metres from front lot line); and c) shall not be located in the front yard for a property (proposing placement in front yard) with 1,409 mZ (0.34 acres). The effect of the variances will be to allow for the construction of a two vehicle garage with a floor area of 62.4 m2 (672 ftz) and a height of 4.25 m (14 feet) in the front yard of the lot. DISCUSSION: Council must be satisfied with the Planning Act four "tests" when considering an application for a minor variance. Staff and planner have some concerns as outlined in the planner's memorandum attached to this report. Staff and planner cannot support the request to place the accessory building 2 metres from the front lot line. The neighbouring property at 3 McCord has a garage setback of 13 metres and the house at 5 McCord is 7 metres as required for the main residential use. Maintaining the by- law requirement for setback at 6 metres is reasonable in keeping with the neighbouring westerly properties and accommodates off-street parking in front of the garage thus maintaining the intent of the Official Plan. The 6 metres more appropriately places the garage closer to the main building, however, this may require the relocation of the existing holding tank. Staff Report DS-07/16 Elliott Page 2 As an alternative, staff would suggest the Owner consider placing the garage in the northeast corner of the property at the 6 metre setback. In this location, the holding tank may not need relocation. Other staff comments regarding the accessory living quarters include: the lot area around the proposed garage is to be graded so surface water discharges properly. Any plumbing planned for the living quarters will require verification to determine if the existing holding tank has the required capacity. At the time of writing this report, no public comments have been received. ATTACHMENTS 1. Application for Minor Variance A-01/16 2. IBI Memorandum dated February 8, 2016 3. Aerial map RECOMMENDATION 1. "THAT the Committee of Adjustment Secretary-Treasurer's report DS-07/16 regarding the ELLIOTT minor variance be received; 2. AND WHEREAS the Committee agrees that the proposed variances meet Section 45.1(1) of the Planning Act and the variance is considered minor; 3. THEREFORE application A-01116 submitted by Jeffrey and Marcy Elliott, pursuant to Section 45 of the Plannin_g Act for minor variance, is granted to allow relief from Municipality of Bayham Zoning By-law Z456-2003: • Section 4.2 a) — Use of an Accessory Building —to permit the use of the accessory building's second storey for a dwelling unit provided the owner obtains the necessary approvals for a septic system to accommodate the additional living space, where currently accessory buildings are not permitted to be used for human habitation unless specifically allowed in a particular zone, and; • Section 4.2 b)— Location to Front Lot Line—to permit the placement of the accessory building closer to the front lot line than the main building • Section 4.2 c) — Location of an Accessory Building —to permit the placement of the detached garage in the front yard, where currently accessory buildings are not permitted in front yards, and; Conditions: Obtain a permit from the Long Point Region Conservation Authority for construction in a regulated area Respectfully Submitted by: Reviewed by Marga/ t Underhill aul i Secretary/Treasurer Committee of Adjustment CAO /� l $Ay) File No. A — O t j/(n 4 OpponunityIs'lo APPLICATION FOR MINOR VARIANCE Planning Act, R.S.O. 1990, O.Reg 200/96 as amended The undersigned hereby applies to the Committee of Adjustment for the MUNICIPALITY OF BAYHAM P.O. Box 160, 9344 Plank Rd. STRAFFORDVILLE, ON Telephone: 519 866-5521 Fax: 519 866-3884 Under Section 45 of the Planning Act, R.S.O. 1990 for relief, as described in this application, from By-law No. Z456-2003 (as amended) Municipality of Bayham. Application to be accompanied by the fee of$2000.00 in cash or cheque made payable to the Municipality of Bayham. 1. OWNER(S) a) Name � F�R Y b) Mailing Address -7 a 5 a-yo s Dr'-; rQ O u-e 1yo c) Telephone No. Home: t c1 _ : ,, �- ��cj Work: 5 )9_!4,Zc&-•LI AA 4 d) Fax No. e j � (07 5 / o M a�d� _ Gor✓► 0 2. SOLICITOR/AUTHORIZED AGENT a) Name b) Mailing Address c) Telephone No. Home: Work: d) Fax No. Send correspondence to: ® Owner(s) Solicitor/Authorized Agent FOR OFFICE USE ONLY Application No.: _G�//(9 Date Received: /(y Date of Meeting: File No.:=L�` _ t Li,I Fee Received: DZ ppo " Committee Decision: I ����s 11/03/2015 Minor Variance 2015 Municipality of Bayham Application for Minor Variance Page 2 3. Names and address of any mortgages, holders and charges or other encumbrances: Name Address dvJ )44 6 1 9 4. Location of Land /�c,�� 3�/G/ bU - U U J - 3/ 0 0 a) Lot and Plan or Concession No.: 'PART kc-c Cor,)c r t P► 1 , 0^7 �j��i Igvvt b) Street/911 #& Name: c i1(O.73 XrJ 5. Nature and extent of relief applied for: Z/3 Sic k4' NOTE: In the case of a Supplementary farm dwelling, a Development Agreement is required. 6. Why is it not possible to comply with the provisions of the By-law? /4LC gzsS c-) �n/'Ki.�J� / 4i, 111E O� ��<<L 7. Dimensions of the land affected: a) Frontage (m) b) Depth (m) '7 -3 .-v, c) Area (sq.m /ha) �a 8. Particulars of all buildings and structures on or proposed for the subject land (specify ground floor area, gross floor area, number of storeys,width, length, height, etc.) a) Existing (- S�v�2" �.t"u D"A+ :. v 1 i- Y 4 vH N b) Proposed ( I& ' S-r(-M.L' CA•_,q -E X 'T 3 L)l X 1•�5��l 9. Date of acquisition of subject land: ��.:' .� / z C)1 11/03/2015 Minor Variance 2015 Municipality of Bayham Application for Minor Variance Page 3 10. Date of construction of all buildings and structures on subject lands: a u U p 11. Existing uses of the subject property: 12. Length of time and existing uses to the subject property have continued: ICl_S' 7 'p S�; 13. Existing uses of abutting properties: a) North �=I21�%l 4- T CC r? b) East c) South d) West X"E 5/ b'=ti rl-,- 14. Services available (check appropriate space(s)) a) Method of Water Supply(if applicable) Public Water Supply System f9' Private Individual Well ❑ Private Communal Well ❑ Other(please specify) b) Method of Sanitary Waste Disposal (if applicable) Private Septic Tank and Private Communal System ❑ Tile Field System ❑ Public Sanitary Sewer System ❑ Other(please specify) 15. Present Official Plan designation: C6u i/.4-L /�� Z 11�� 16. Present Zoning Bylaw classification: r 17. Has the owner previously applied for aminnor variance in respect to the subject property? a) Yes ❑ No C9' If Yes, describe briefly: 18. Is the subject property the subject of a current application of consent/severance? Yes ❑ No 11/03/2015 Minor Variance 2015 STATUTORY DECLARATION I� r It T of the Name I of� N�4Applicant(s) /t= 1-VY 0A in the C/�O iA /tJ t; O rl i•� (City, Municipality, Town, Township) (County/District/Region) SOLEMNLY DECLARE / AFFIRM THAT to the best of my/our knowledge and belief, all of the information, exhibits and statements provided in this application as required under Section 45 of the Planning Act R.S.O. 1990 and Ontario Regulation 200/96 as amended are true; THAT I/We shall assume responsibility for any additional costs exceeding the deposited amount related to the said application and understand and agree that payment of said additional costs shall be a condition of this signed application. IMe also agree to accept all costs as rendered; AND I make this solemn Declaration conscientiously believing it to be true, and knowing that it is of the same force and affect as if made under oath and by virtue of the "Canada Evidence Acf'. DECLARED before me at the G1/'Ii c CP &q'k'1n ) (City, Munici ality,Town,Township ) Signature of Applicant or Authorized Agent in the � >7)'� 0� (County/District/Regio ) Signature of Applicant this _ � day of jof7varll, 20,Z&-. ) c ignature of Applicant A /o issioner, etc. ) MARGARET UNDERHILL,a Commissioner, etc. * If authorized agent, a letter of authorization from Deputy Clerk of the Corporation of the the owner of the property must accompany this Meuieirality Of lleyham. application. 11/03/2015 Minor Variance 2015 t J ` v f 1 s 9 � "cCOND uII>t � I EMS 11.7 CO3 r c twaE f KM csz 1 s r� f f - �'' fi � � caret �•' IA I ;7j ! ._F � flees I•' ..4 � � �O6i FEDf) 1 n�WAr?oSGM i aa�Emm=xaeszc�csv yI I KTI�TPti7Qd?A�Gh� ' cT�'19DlLtA.G I p' *� LAKE ERIE SITE � AN mo vl Nru I Wul lllj r\UU1II 12'0" Srals:311C=1'-0' 24'0" Roof Venus Yes Flbregless Lemmale Nngles D 9 Pre6nlshetl Hodzanlal Vinyl EE Siding Centre of Roof Truss 6paw____ WMex THlghlneulated Wide x T High lnaldeled 'x SW bwulded Sled Ovedread Garage Door Daedtead Garage Dos Enbrrce Door ®®® ®®® Sid ed HdI2on16I Vinyl Left Elevation Front Elevation _ Sole:3I1C=1'-0• Srale:311G=1'-0' D Pre Eng.Allis Trusses a116'oc 9 Centre d Roof Truss S 30 Ye l Roof C1.11 Ls iun 15 Year Flbragless Lemmata Shingles F ,00 ad Bullding Peper Iccantl Waldthi.q it Dipplada Brcaxs 2-2 x 12 Sp Pudins Nolche0 1?Spr.Sheathing With aaaa loco 6 s 6 Posl 12'p Pro Engineered A61L Tosses s.eagl.rr rw.o..wpra wca�., (See Truss Manufodurer•s Leyoul for Spadng) eua rrvoeoeeapeta 2-2 x 12 Spruce Pudlne Notched Into 6 x 6 Post �a 2x6 YBracing at i1-45 Deg. (ryplcal for Truss SupporMO Pudlna) 6 x 6 PT Poet vFloor Consladdlon(Bonus Room) Pre0nlshetl Vented SOSIts,Fesda and Eevesoaphe 516'So,T+O Shoelbing _ 2x6Sub Fescla(I6'loh) Glued and Nailed to 2,10 Baltom Chord of Me Truss P—ide 1 Raw of Bddging at Midspen of Truss Isend Under each Knee Well _ Typical Wall Cpnatrudlpn 2 x 6 Y Smdng al♦F 45 Deg. PNMlshod Horizanld VmM Sldtng (Can6nuous Through Gills) Floor Cwrsrbudlpn Typer Bu1lJing Peper 4'Poured Cancrele Slab a 7/16 USB Wall Sheathing (rdn.32 Mpe with 5-.wr Enpaln—) 2 x 6 Horiapnlal Girls a124'ac Saw CUlsae Redound 6.6 PT Post sPl Fibre Mesh Rel.hu menu (es p an) 2 x e HMzenlal Gulc a12d'ac 2 x 6 x 19'Y erase Blor4lrrg e'Cl—Granular FIII 2,10 PT Spladrboartl (between Poara) Fealnnad to Poar wllh 15 m. W Drlp Flsshing a W Ardox Nails F III II 111I' N.VI.Excavations with ➢' Ndle Matedala - t-lTDd,ii.-'.l.--rPdd-d--1e 2 x 4.15'PT for Post Uplift Reslstence Pad Footing on Uadistuabad Sell Y Brace Detail (One on Each Side d Post) (M1n.45"Below Grade) Fasten will(10 ea.)31/7 Gal.Ardox Nails (Each Connection) Typical Section SWc W18'=1'H1' IBI GROUP 203-350 Oxford Street West ���+++ tel 3 London 1 T3 Canada 519 4472 28 fax 519 472 9354 ibigroup.com Memorandum To/Attention Municipality of Bayham Date February 8, 2016 From William Pol, MCIP, RPP Project No 3404 -612 cc file Subject Elliott-Application for Minor Variance to Zoning By-law#Z456-2003 Pt. Lot 13, Con 1, 1 McCord Lane 1. We have completed our review of Minor Variance application A-01/16, submitted by Jeffrey and Marcy Elliott for lands located at 1 McCord Lane in Port Burwell, south of Lakeshore Line. The applicant is requesting a variance to Zoning By-law#Z456-2003 to accommodate the construction of a 1'/2 storey garage and storage\living space in the front yard of an existing dwelling. A variance is required because an accessory building is not permitted in the front yard of a main dwelling and not permitted less than 7.0 m from the front property line. The subject lands are designated Residential and Hazard Lands on Schedule"D" Port Burwell Land use and Constraints. The lands are zoned Village Residential (R1) and LPRCA regulation limit in Zoning By-law #Z456-2003. The permitted uses include single detached dwelling, converted dwelling two units, semi- detached dwellings home occupations and accessory uses. 2. The subject lands have lot frontage of 20.1 m (66 feet) lot depth of 70.1 m (230 feet) for an area of approximately 1400 m2. The lands slope down significantly towards the bluff overlooking Lake Erie. There is an existing single storey dwelling and a shed on the property. The lands have municipal water and a holding tank for sanitary sewage. The proposed garage and guest accommodation has an area of 62.4 m2 and is proposed to be setback 1.5 m from the westerly property line and a 2.0 m setback from the front lot line. 3. The surrounding land uses are agricultural to the north; residential to the east; Lake Erie to the south and residential to the west. It appears there have been significant investments in new homes and buildings along the south side of McCord Lane based on sketches provided and aerial interpretation in the area. The surrounding land use designation and zoning anticipate new residential development along McCord or its' extension to the north and east of the subject lands. The variance allow similar to the setbacks on dwellings to the west and establish building line for future development to the east. The setbacks appear to be 6.0 m or greater for properties to the west. The requested front yard setback is not sufficient to park a vehicle in front of a garage structure entirely on the owners land and additional driveway access beyond the garage is not appropriate. A variance to allow accessory living space for guests in the garage is appropriate. The garage in the front yard of the main dwelling is appropriate to maintain the view and orientation of the existing dwelling. A reduction in the front yard setback is not appropriate for the development of the lot. IBI Group is a group of firms providing professional services and is affiliated with 1131 Group Architects IBI GROUP MEMORANDUM 2 Municipality of Bayham—February 9,2016 4. Section 45.(1) of the Planning Act outlines the four"tests"with which the Committee of Adjustment must be satisfied with when considering an application for a minor variance to the Zoning By-law. The following outlines our analysis of these tests: i. Are the variances minor in nature? • The additional accessory dwelling space for guests is appropriate for this location where sufficient private on-site sewage capacity is provided. A reduction in the front yard setback to 2.0 is not appropriate for the development of the lot, recognizing existing and future setbacks of building along McCord Lane. Approval to locate the garage and guest accommodation in the front yard is appropriate and minor in nature. ii. Are the variances desirable for the use of the lands? • The variances for an accessory use and location of the building in the front yard are desirable for the use of the property with a view of Lake Erie and accommodation for guests. A reduction in front yard setback is not desirable for development of the lot. There is no physical hardship to moving the garage 6 m from the road and closer to the existing main building (7 m) and replacing the holding tank with a septic system (if required) suitable for the new garage dwelling space and the existing main dwelling. iii. Do the variances maintain the general intent and purpose of the Zoning Bylaw? • The variances maintain the intent of the Zoning By-law by ensuring there is sufficient setback to accommodate a vehicle in front of the garage structure and maintain a consistent setback to buildings to the west. The existing dwelling can be maintained in its current location and the sanitary services may need to be replaced to accommodate the new living space. The owner will need to apply to the Long Point Region Conservation Authority to ensure the proposed building is not subject to erosion. iv. Do the variances maintain the general intent and purpose of the Official Plan? • The intent of the"Residential' land use designation is to allow single detached dwellings as the main permitted uses and accessory garage and guest accommodation. The intent of the Official Plan is maintained where a 6m setback from McCord Lane is maintained to provide off street parking in front of the garage. 5. Based on our review we would have no objection to approval of a minor variance to Zoning By-law#Z456-2003 to permit the construction of a building in the front yard and the use of the garage for guest accommodation provided the owner obtains the necessary approvals for a septic system to accommodate the additional living space and the relocation of the holding tank; and obtain a permit from the Long Point Region Conservation Authority for construction in a regulated area. William Pol. IBI GROUP William Pol, MCIP, RPP Affiliate IBI Group Consulting Planner to the Municipality of Bayham 1 � F EY Yee 1j;. r oogle • •••• .• / � / it 1 •• REPORT o� -- o��� DEVELOPMENT SERVICES portunity IS�C TO: Mayor & Members of Council FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment DATE: February 18, 2016 REPORT: DS-08/16 FILE NO. C-07/ D12.Pihokker Roll # 34-01-000-003-08600 SUBJECT: Committee of Adjustment - Minor Variance—A-02116 Pihokker BACKGROUND: Frank Pihokker has submitted a minor variance application for his 40 hectare (99 acres) property located on the north side of Calton Line, west of Elgin County Road 55, known municipally as 58126 Calton Line. The property is designated "Agricultural" and "Natural Heritage" on Schedule `Al' Land Use in the Official Plan and zoned Agriculture (Al-A) and LPRCA Regulation Limit in the Bayham Zoning By-law Z456-2003. The purpose of the variances is to grant relief from Agriculture (Al-A) Zone, Section 5.1 to permit Accessory Living Quarters to the extent the use is not permitted for a property with 40 ha (99acres). The effect of the variance will be to allow the installation of a second accessory bunkhouse building (mobile home) of 4.26 m (14 feet) by 21.3 (70 feet) to accommodate an additional eight (8) persons for a total of sixteen (16) seasonal farm labourers in two bunkhouse buildings. DISCUSSION: Council must be satisfied the submitted justification meets the criteria in the Official Plan regarding need, existing dwellings, location, size and type, services and vehicular access. Council must also be satisfied the application meets the Planning Act four"tests". Staff and planner concur the application meets the criteria as outlined in the planner's memorandum attached to this report. Approval is subject to a Development Agreement to address the general concerns outlined in the Official Plan. A draft agreement is attached for Committee comment and will be considered for approval in the February 18t" regular Council agenda. At the time of writing this report, no public comments have been received regarding this application. Staff Report DS-08/16 Pihokker Page 2 ATTACHMENTS 1. Application for Minor Variance A-02/16 2. IBI Memorandum dated February 8, 2016 3. Aerial Map 4. Draft Development Agreement RECOMMENDATION 1. "THAT the Committee of Adjustment Secretary-Treasurer's report DS-08/16 regarding the PIHOKKER minor variance be received; 2. AND WHEREAS the Committee agrees that the proposed variances meet Section 45.1(1) of the Planning Act and the variance is considered minor; 3. THEREFORE application A-02/16 submitted by Frank Pihokker, pursuant to Section 45 of the Plannin_g Act for minor variance, is granted to allow relief from Municipality of Bayham Zoning By-law Z456-2003: • Section 5.1 — Permitted Uses —to permit the placement of a second bunkhouse (mobile home) as a supplementary farm dwelling on an agricultural lot identified as 58126 Calton Line in accordance with Section 2.1.10 of the Official Plan Condition of Minor Variance: Subject to a Development Agreement with the Municipality of Bayham to be executed within 60 days of minor variance approval. Respectfully Submitted by: Reviewed by: Marg ret Underhill u hip a Secretary/Treasurer Committee of Adjustment CAO �r File No. A k APPLICATION FOR Q $. ��p°Ytunity i�"t � MINOR VARIANCE Planning Act, R.S.O. 1990, O.Reg 200/96 as amended The undersigned hereby applies to the Committee of Adjustment for the MUNICIPALITY OF BAYHAM P.O. Box 160, 9344 Plank Rd. STRAFFORDVILLE, ON Telephone: 519 866-5521 Fax:519 866-3884 Under Section 45 of the Planning Act, R.S.O. 1990 for relief, as described in this application, from By-law No. Z456-2003 (as amended) Municipality of Bayham. Application to be accompanied by the fee of$2000.00 in cash or cheque made payable to the Municipality of Bayham. 1. OWNER(S) /_ a) Name 1 rQ IA/6 _'/4c 0 ke"" b) Mailing Address 5r i f 2 c 'ie p�o I c) Telephone No. Home: 57f 6 n 5*030 Work: d) Fax No. Q f �(, 5 U3 Q 2. SOLICITOR/AUTHORIZED AGENT a) Name Q1eo�' V1_t S 6 d[')✓ Gt,v / _ b) Mailing Address 31 �a�UP u f ��SUuyJv"j cgAl c) Telephone No. Home: 5tq 9'q Z eflU 7q Work: d) Fax No. Send correspondence to: Owner(s) Solicitor/Authorized Agent FOR OFFICE USE ONLY Application No.: —Cj a�l�, . Date Received: Ju n 7 /�, Date of Meeting: /✓- ,6 6.3 Ol!:ii✓l File No.: 10 ,—t) "C> I Fee Received: 6�20p p ` 0 committee Decision: h?� �a©rya Q ID / /Ho �N G 11/ 2015 l /7� // Minor Variance 2015 Municipality of Bayham Application for Minor Variance Page 2 3. Names and address of any mortgages, holders and charges or other encumbrances: Name Address t iV stj U V /v 3 Y 2 N Ll 4. Location of Land Rol` # 3 yo/ G a U o v s o'RL DQ a) Lot and Plan or Concession No.: 1- 2 -7 (f .Sr b) Street/911 #& Name: 3"V/2A, c a l fo,t' 5. Nature and extent of relief applied for: //� 'I L �c�d��lama 7SeGtlfiv �fv�i �-`or � 5 (feast o' r.; � FCc/'u1 w 04/-ke,- k-40use Poo- 7 e�l�S�S , _ o ti a H t Aur V'rx r'i'w K c-( NOTE: In the case of a Supplementary farm dwelling, a Development Agreement is required. 6. Why is it not possible to comply with the provisions of the By-law? / f i .` stlf� v 'r` iTlC7�►Ct � ' !;'L' 0"�l v he v Ir u wv- ee-S �Sflf li�7)_Iler /I P�t/ 7. Dimensions of the land affected: a) Frontage (m) b) Depth (m) � _ O _-53-7P c) Area (sq.m/ha) � r 70 46K q2 8. Particulars of all buildings and structures on or proposed for the subject land (specify ground floor area, gross floor area, number of storeys,width, length, height, etc.) a) Existing f/oaSC _D006 tyy' (5/+/t/I 6-C ie/- So 'x / a8 ` ,6zle-/V aa-' X o ' T?iz,4c-C_ �f �I�C�UE/ b) Proposed 61 Ar'�10 j�r��i / x d i ( c kom C 70 9. Date of acquisition of subject land: z y�� 11/03/2015 Minor Variance 2015 Municipality of Bayham Application for Minor Variance Page 3 10. Date of construction of all buildings and structures on subject lands: Y /oG�S �j✓KiL'o�,/�/ 11. Existing uses of the subject property: yK j ✓� 7G��/�J %UGr[�C�D /�.l�'�GQ9�/f% �'�c 12. Length of time and existing uses to the subject property have continued: 13. Existing uses of abutting properties: a) North A5WICl.Lt-1-4, b) East f r-a LTu✓Lt1 c) South �A6✓�/ Cup Turt� d) West )09& Ct 1-Tu 96- 14. Services available (check appropriate space(s)) a) Method of Water Supply (if applicable) Public Water Supply System ❑ Private Individual Well 117/ Private Communal Well ❑ Other (please specify) b) Method of Sanitary Waste Disposal (if applicable) Private Septic Tank and Private Communal System ❑ Tile Field System ©---- Public Sanitary Sewer System ❑ Other(please specify) l rye uJz--: A 15. Present Official Plan designation: /GuL yUi2C;, /�AT1�i2�t /7LYC/�r9GC=, Gi�s'rrr�9,nns ` �iz�-nth l,q-,vas 16. Present Zoning Bylaw classification: A6,�'/C-(aL7urzG 1-,n2C14 1 kk6lcL/lT/oI✓ L/rn17 17. Has the owner previously applied for a minor variance in respect to the subject property? a) Yes ❑ No ©� If Yes, describe briefly: 18. Is the subject property the subject of a current application of consent/severance? Yes ❑ No ®� 11/03/2015 Minor Variance 2015 STATUTORY DECLARATION I/We, / u ti k /—"/ �JOK�<�� of the Name of Applicant(s) /Gi a //& OP l� in the (City, unicipa(ty, Town, To nship) (County/Di trict/Region SOLEMNLY DECLARE / AFFIRM THAT to the best of my/our knowledge and belief, all of the information, exhibits and statements provided in this application as required under Section 45 of the Planning Act R.S.O. 1990 and Ontario Regulation 200/96 as amended are true; THAT INVe shall assume responsibility for any additional costs exceeding the deposited amount related to the said application and understand and agree that payment of said additional costs shall be a condition of this signed application. I/We also agree to accept all costs as rendered; AND I make this solemn Declaration conscientiously believing it to be true, and knowing that it is of the same force and affect as if made under oath and by virtue of the "Canada Evidence Acf'. DECLARED before me at the (City, Municipa ty,Town,Towns ip ) Signature of Applicant or Authorized Agent in the , (County/Di rict/Region ) Signature of Applicant this —77'y--day of CC 20 ) Signature of Applicant A mm' sioner, etc. ) MARGARET UNDERHILL,a Commissioner etc, * If authorized agent, a letter of authorization from Deputy Clerk of the Corporation of the Municipality of i£�yham. the owner of the property must accompany this application. 11/03/2015 Minor Variance 2015 REQUIRED SKETCH FOR MINOR VARIANCE APPLICATIONS APPLICANT NAME �+ Cdv�?� Pi k) kk:v✓ PROPERTY ADDRESS ��;� 2 �r3 t kI t,- lZ,ek 1J { d iy iv 7 1;.o Roll#3401 - 000 003 O'sb od Lot .2-7 Concession Registration Plan No.: Part Lots: Quarter of Municipality Lot N.E. ❑ N.W. ❑ S.W. ❑ S.E. ❑ See Sketch Instructions on the following page. ID �o ro Fit ; l el ___j RETURN THIS SKETCH WITH APPLICATION FORM- NOTE: WITHOUT A SKETCH AN APPLICATION CANNOT BE PROCESSED ALL DIMENSIONS MUST BE IN METRIC Frank Pihokker 58126 Calton Line RR#1 Vienna ON � NOJ1zo JAN 29 2U16 MUNICIPALITY OF BAYNAM January 29/2016 To whom it may Concern: This letter is to describe the scope of our farming business and need to add additional seasonal housing. We operate a vegetable/cash crop operation. The bulk of our business is vegetables and more specifically asparagus. Vegetable farming in our type of business requires significant numbers of workers to operate. We harvest, pack and sell the bulk of our crops direct to our local chain stores, Metro and Loblaw. We have been employing, in a given season, some 35-40 workers or employees. Of these 15 have been offshore workers. The purpose of having offshore employed is that they are on farm and available for specific times of work required to be done when local help simply are not, or willing,to be available. For example Sundays or evenings as required on sometimes varying hours for whatever is necessary. This practice has been key to the successes we have had with our business. It is very difficult to find local workers willing also to work in these farming conditions. Locals who do apply are often not willing to work with what conditions these job offers require. The offshore program offers a legal and competant means of having willing and reliable workers for these positions. They pay source deductions and contribute to our economy. There are people who come to apply to work who are not legal to work here,for example no social insurance numbers or are often too young to be responsible enough to manage the duites required for the position. As we are a legitimate farm business here, we are not able to employe these types of applicants. We currently have on farm a bunkhouse able to house 8 workers. The request of this application is to add an additional bunkhouse to double our housing capacity on our premises. We have been in the past, through local neighbouring, farms rented housing for offshore . These arrangements are no longer available and finding different rentals to accomodate our 1 help are not available. The proposed location of this bunkhouse would be in a location where by all concerns regarding application protocals are being satisfied . Please contact me if there may be questions or concerns with regards to these or any other issues regarding this application. thank you Frank Pihokker 2 IBI GROUP I 203-350 Oxford Street West London ON N61H 1T3 Canada tel 519 472 7328 fax 519 472 9354 1 1 ibigroup.com Memorandum To/Attention Municipality of Bayham Date February 8, 2016 From William Pol, MCIP, RPP Project No 3404 -613 cc file Subject Pihokker-Application for Minor Variance to Zoning By-law#Z456-2003 Pt. Lot 27, Concession 5, 58126 Calton Line 1. We have completed our review of Minor Variance application A-02/16, submitted by Frank Pihokker for lands located at 58126 Calton Line, west of Elgin Road 55. The applicant is requesting a variance to Zoning By-law#Z456-2003 to accommodate the construction of a second bunk house building (supplementary farm dwelling) to accommodate eight (8) seasonal farm labourers, in addition to the existing bunk house building for eight (8) seasonal farm labourers. A variance is required because a supplementary farm dwelling including a mobile home is not a listed permitted use in the zone. The subject lands are designated Agriculture and Natural Heritage on Schedule"Al' Land Use in the Official Plan. Specifically, Section 2.1.10 sets out policies for Supplementary Farm Dwellings requiring a minor variance to permit temporary accommodation. The lands are zoned Agriculture (Al- A) and LPRCA regulation limit in Zoning By-law#Z456-2003. The permitted uses include all forms of agricultural use with a minimum lot area of 40 ha (99 acres). 2. The subject lands have lot frontage of 426 m (1398 feet) and area of 40 ha (99acres). The lands are a vegetable, tobacco and cash crop farming operation. The property includes an existing farm dwelling and a 70 foot x 14 foot mobile trailer used as a bunkhouse for farm labour. In addition there are three barns and 11 tobacco kilns. The farm includes growing, harvesting, processing and packaging of plants grown on site. Services to the property include private on site well and private tile field septic system. The proposal is to bring a second 70 foot x 14 foot trailer onto the site located abutting a storage building for temporary accommodation of seasonal farm labour. 3. The Official Plan sets out the following policies with regard to Supplementary Farm Dwellings in Section 2.1.10: i. Need: the applicant has provided a letter indicated the need for the bunkhouse is because there is not sufficient local labour supply willing to work in the conditions nor on the days and times required to harvest the produce. Secondly, alternative rental accommodation for seasonal workers is not available. ii. Existing Dwelling: the applicant has indicated the existing dwelling and existing 8 person bunkhouse are not sufficient to accommodate the seasonal off shore labourers. iii. Location: The proposed location of the new bunkhouse is in proximity to the existing bunkhouse and farm dwelling and is not suitable for severance. There will be no impact on surrounding agricultural land uses. 1131 Group is a group of firms providing professional services and is affiliated with IBI Group Architects IBI GROUP MEMORANDUM 2 Municipality of Bayham—February 8,2016 iv. Size and Type: The proposed size of the bunkhouse is 91 mZ (980 sq.ft.) in a one storey dwelling. Combined with the existing bunkhouse the total area will be 182 m2 (1960 sq.ft.) which is slightly more than the preferred maximum area for permanent dwellings. V. Services: It appears from the sketch provide by the applicant the proposed bunkhouse will have access to the existing septic tile field. The tile field is separated by 45 m (150 feet) from the private on site well. The applicant shall provide confirmation that the septic system capacity and the well are sufficient for the additional dwelling area. vi. Vehicular Access: The proposed bunkhouse will not require an additional entrance to the farm. The bunkhouse is located 90 m (300 feet)from Calton Line. 4. In accordance with Section 2.1.10.2 The Municipality may enter into an agreement with the property owner to address the location maintenance, occupancy and removal of the mobile home. This will provide the Municipality assurance the dwelling will be properly operated for the intended function and removed once it is no longer needed. This will reduce the potential issues of a second dwelling on the property. 5. The intended use for a supplementary farm dwelling means a building including a mobile home used by a bona fide farm operation for accommodating supplement farm labour for a period not exceeding eight (8) months in any one calendar year. The owner should agree to the limitations on the time and use of the bunkhouse buildings. 6. Based on our review we would have no objection to the requested minor variance to permit a supplementary farm dwelling in a mobile home for a maximum of eight (8) additional seasonal farm labourers to a total maximum of 16 seasonal farm labourers on the property where the following conditions have been fulfilled: i. The owner enter into an agreement with the Municipality for the removal of both bunkhouse buildings from the property no more than 6 months after the existing vegetable, tobacco and cash crop farm operation has ceased and that the buildings and site be maintained in accordance with the By-laws of the Municipality of Bayham. ii. The owner provide written confirmation from the authorizing agency, to the satisfaction of the Municipality, that there is sufficient on site capacity for potable drinking water and a septic system for the existing dwelling, bunkhouse and proposed bunkhouse use. William Pol. IBI GROUP William Pol, MCIP, RPP Affiliate IBI Group Consulting Planner to the Municipality of Bayham All ELGIN MAPPING t T Legend ❑ Lagoons • E911 Local I; Arterial Highways World Street Map d� 10W • W 1'k 7o6;/F homy q � ,, § V e41 � ," ��. � •fie ...� � �. w I 1: 1,128 Notes 0.1 0 0.03 0.1 Kilometers This map is a user generated static output from an Internet mapping site and is for reference only.Data layers that appear on this map may or may not be accurate, WGS_1984_Web_Mercator_AuxiIiary_Sphere current,or otherwise reliable. ©Latitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION 1 DEVELOPMENT AGREEMENT BETWEEN FRANK PIHOKKER AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR LANDS LOCATED AT 58126 Calton Line, Part Lot 27 Concession 5 Municipality of Bayham, County of Elgin 2 THIS DEVELOPMENT AGREEMENT made in duplicate this 181h day of February 2016. BETWEEN: FRANK PIHOKKER Hereinafter called the "OWNER" OF THE FIRST PART - AND - THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the "MUNICIPALITY" OF THE SECOND PART WHEREAS the Owner is the owner in fee simple of the lands situate in the Municipality of Bayham, in the County of Elgin being Part of Lot 27, Concession 5, more particularly described in Attachment "A" attached hereto (and hereafter referred to as the "Lands"); AND WHEREAS the Owner intends to locate one (1) additional supplementary farm dwelling (mobile home) in accordance with the Conceptual Site Plan attached hereto, as Attachment "B" (and hereafter referred to as the "Plan"); AND WHEREAS the Municipality, as a condition of the location of a mobile home on the Lands requires the Owner to enter into a Development Agreement; NOW THEREFORE in consideration of other good and valuable consideration and the sum of Two Dollars ($2.00) of lawful money of Canada by each to the other paid (the receipt whereof is acknowledged by each),the Owner hereby covenants and agrees with the Municipality as follows: 1. The Owner agrees that the one (1) bunkhouse (mobile home)to house eight (8) additional seasonal farm labourers in addition to the one (1) existing bunkhouse, which houses eight (8) seasonal farm labourers to a total maximum of 16 seasonal farm labourers, shall be located on the Lands in general accordance with the area identified on the attached Plan. 2. The Owner shall remove both bunkhouse buildings from the property should the buildings cease to be used for the purpose of housing supplementary farm labour for a period longer than two (2) calendar years after the existing bona fide vegetable, tobacco and cash crop farm operation has ceased and the Owner shall maintain the site in accordance with the By- laws of the Municipality of Bayham; 3 3. The Owner shall not permit the existing bunkhouse and proposed bunkhouse, both deemed as supplementary farm dwellings on the Lands,to be occupied by any persons between the period of December 1st and March 31s' of any calendar year. 4. The Owner further agrees: a) To provide written confirmation from the authorizing agency, to the satisfaction of the Municipality, that there is sufficient on-site capacity for potable drinking water and a septic system for the existing dwelling, existing bunkhouse and proposed bunkhouse use; b) That upon failure by the Owner to do any act identified herein, that the public safety or convenience requires, in accordance with this Agreement, upon seven (7) days written notice, the Municipality, in addition to any other remedy, may go in and do same at the Owner's expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security; c) That nothing in this Agreement constitutes waiver of the owner's duty to comply with any by-law of the Municipality or any other law. 5. The Owner shall be responsible for consulting with and obtaining any necessary approval from the Ministry of Transportation, if applicable. 6. The Owner shall satisfy all the requirements in relation to the fire protection for the building(s) to the satisfaction of the Municipality's Fire Chief. 7. The Municipality, through its servants, officers and agents, including its Chief Building Official and Fire Chief, may,from time to time, and at anytime, enter on the premises of the Owner to inspect the bunkhouses for the purposes of ensuring public health and safety, in specific regards to condition of the bunkhouses; fire protection; the provision of potable water; and the proper treatment and disposal of sewage. 8. In the event of any servant, officer or agent of the Municipality, upon inspection, be of the opinion that the state of maintenance is not satisfactory, such servant, officer or agent shall forthwith, forward notice of such opinion, by registered mail,to the Owner, at the last known address, and the Owner shall forthwith correct the deficiency or appeal to the Council of the Municipality of Bayham, as hereinafter provided. 9. In the event that the Owner should disagree with the opinion of the servant, officer or agent of the Municipality, as to the state of maintenance, such Owner shall appear before the Council of the Municipality of Bayham, which after hearing the Owner, shall express its 4 opinion as to whether the maintenance is satisfactory, by resolution,which shall constitute a final determination of the matter. 10. In the event that an Owner shall fail to correct a deviation or deficiency after notice or after notice of an opinion, which the Council of the Municipality of Bayham determines is correct, the Council of the Municipality of Bayham, may by by-law, direct, on default of the matter or thing being done by the Owner, after two (2) week's notice, to it by registered mail, at the last known address of the Owner, pursuant to the last revised assessment roll, at the expense of the Owner, which expense may be recoverable by action as municipal taxes. 11. This Agreement and the provisions thereof, do not give to the Owner or any person acquiring any interest in the said lands any rights against the Municipality with respect to the failure of the Owner to perform or fully perform any of its obligations under this Agreement or any negligence of the Owner in its performance of the said obligations. 12. The Owner agrees that it will not call into question, directly or indirectly in any proceeding whatsoever in law or in equity or before any administrative tribunal the right of the Municipality to enter into this Agreement and to enforce each and every term, covenant and condition herein contained and this Agreement may be pleaded as an estoppels against the Owner in any case. 13. The Owner agrees on behalf of themselves, their heirs, executors, administrators and assigns, to save harmless and indemnify the Municipality,from all losses, damages, costs, charges and expenses which may be claimed or recovered against the Municipality by any person or persons arising either directly or indirectly as a result of any action taken by the Owner, pursuant to this Agreement. 14. All facilities and matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense to the satisfaction of the Municipality and in accordance with the standards determined by the Municipality and in default thereof,and without limiting other remedies available to the Municipality, the provisions of Section 326 of The Municipal Act, R.S.O. 1990, shall apply. 15. This Agreement shall be registered at the expense of the Owner, against the land to which it applies, and the Municipality shall be entitled, subject to the provisions of The Registry Act, to enforce its provisions against the Owner, named herein, and any and all subsequent Owners of the land. 1 ATTACHMENT `A' Roll # 3401-000-003-08600 Legal Description: Concession 5, Part Lot 27, Municipality of Bayham, County of Elgin Municipal Address: 58126 Calton Line PIN # 2 ATTACHMENT `B' Conceptual Site Plan IP. Tr f�v S yrs 1 b