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HomeMy WebLinkAboutMarch 17, 2016 - Planning - Committee of Adjustment COMMITTEE OF ADJUSTMENT AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville, ON Council Chambers Thursday, March 17, 2016 6:00 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 (Deferred from February 18, 2016) Request to grant relief from Zoning By-law Z456-2003, for Section 4.2 —Accessory Uses to permit the construction of an accessory 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 A04/16 Latimer Request to grant relief from Zoning By-law Z456-2003, Estate Residential Zone, Section 8.10.2 to permit a total Accessory Building area of 215.0 square metres in two buildings to allow the construction of an addition to an existing accessory building C. Minor Variance Application A-05/16 Gauthier/Howard Request to grant relief from Zoning By-law Z456-2003, Estate Residential Zone, Section 8.10.2 to permit a total Accessory Building area of 126.7 square metres in two buildings to allow the construction of a new accessory building D. Minor Variance Application A-06/16 Zacharias Request to grant relief from Zoning By-law Z456-2003, Hamlet Commercial Zone, Section 16.8 to permit a rear yard setback of 1.2 metres to allow the construction of a new accessory garage building 5. STAFF PRESENTATION A. Report DS-11/16 re Committee of Adjustment— Minor Variance —A-01/16 Elliott and Report DS-07/16 (deferred from February 18, 2016) B. Report DS-12/16 re Committee of Adjustment— Minor Variance —A-04/16 Latimer C. Report DS-13/16 re Committee of Adjustment— Minor Variance —A05/16 Gauthier/Howard D. Report DS-14/16 re Committee of Adjustment— Minor Variance —A-06/16 Zacharias 6. PRESENTATIONS BY APPLICANT/AGENT 7. PUBLIC SUBMISSIONS 2016 Committee of Adjustment Agenda March 17, 2016 8. COMMITTEE QUESTIONS AND DISCUSSION 9. DECISION OF COMMITTEE (Motions) 10. ADJOURNMENT vox-YHA/1f REPORT o DEVELOPMENT SERVICES porton ity Isco TO: Mayor & Members of Council FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment DATE: March 17, 2016 REPORT: DS-11/16 FILE NO. C-07 / D12.Elliott Roll # 34-01-002-001-31900 SUBJECT: Committee of Adjustment - Minor Variance—A-01/16 Elliott BACKGROUND: This report is further to Staff Report DS-07/16 regarding a minor variance application for the construction of an accessory garage at 1 McCord Lane (Elliott). The Committee of Adjustment originally considered Staff Report DS-07/16 on February 18, 2016 and deferred the application requesting a lot layout plan of the property showing the location of the proposed garage and new septic field bed. DISCUSSION: A lot layout plan with septic field bed details is attached to this report for the Committee to consider. The lot layout shows the placement of the filter bed will be forward of the proposed garage placing the structure approximately at a 9.4 metre (31 feet) setback from the front lot line. A variance for placement within the required 6 metre (19.6 feet) setback is not required. At the time of writing this report, no public comments have been received. Staff recommends to the Committee the approval of the original recommendation from Staff Report DS-07/16 as repeated in this report. ATTACHMENTS 1. Elliott Lot Layout Information dated received March 11, 2016 (2 pgs) RECOMMENDATION 1. "THAT the Committee of Adjustment Secretary-Treasurer's reports DS-07/16 and DS-11/16 regarding the ELLIOTT minor variance be received; Staff Report DS-11/16 Elliott Page 2 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-01/16 submitted by Jeffrey and Marcy Elliott, 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 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 7/7: Margareq Underhill Secretary/Treasurer Committee of Adjustment CAO Subject: Minor Variance A-01/16 Elliott 1Since our public meeting on February 18, 2016,we have received information from Ken Gilbert, Engineer as well Bill Knifton, Building Inspector that allows us to meet the recommendations to stay . -1 6 meters from the lot line;therefore we will be applying for the following variances: Mir;rv�uwn Section 4.2 a)Use of an Accessory Building—to permit us to use the second storey as room for guests Section 4.2 b) Location to Front Lot Line—to permit us to build the garage closer to the front lot line bat wither 6 meters required Section 4.2 c)Location of an Accessory Building—to permit us to build the garage in the front as the lake bank is in the back of the house and not feasible to build in the back The square footage of the proposed garage will be lowered to accommodate filter bed septic system. Jeff and Marcy Elliott / ?'4 "—. 7Z-1 cc:7 411111// eAc--4/ RECEIED \/ ED MAR 1 1 2016 MUNICIPALITY OF UAYHAM i/O' 30' /1' � � - - - --- - - - - -- Thr - ! f FI LrE /41 Th l J A�---� c7� W a� nn n d�20 PAci_'D 6,C1/ 77L a20' 51 � fr m 1p ` V ,j i STIn)L LIQL[C� Iv_ L REPEIV ED MAR 1 1 2016 MUNICIPALITY OF BAYHAM 13XY11-4-4 REPORT Ceps ‘. .00) DEVELOPMENT SERVICES portunity Isco 11 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.EIliott Roll # 34-01-002-001-31900 SUBJECT: Committee of Adjustment - Minor Variance—A-01116 Elliott BACKGROUND: Jeffrey and Marcy Elliott have submitted a minor variance application for their 1400 m2 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 m2 (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 ft2) 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-01/16 submitted by Jeffrey and Marcy Elliott, 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 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 4,111" Marga t Underhill faul-- 1.,00111111."-- Secretary/Treasurer . 6"Secretary/Treasurer Committee of Adjustment CAO -$AYH d File No. A - G i //(9 11 Portuntysvu� 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 fKE_Y 4 i'1+IAi2-`1 ori- b) Mailing Address p D' 5 1,Q0S- 1ITO c) Telephone No. Home: °I _ c4 6 3 Work: 6''c�_ e4 ice!, a.4 V 4 d) Fax No. e/7e. e 5 ,-/ _ coM 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.: � -0///4, . Date Received: -.1611,„ S//(0 Date of Meeting: rei6 I (im / M File No.: . E LL I Fee Received: .02 000 ao Committee Decision: 49,a d a 2 (p pa gies . 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 F t-- ri Dv0 r0 46 1x9 4. Location of Land /(7v//# 3 yG/ - o O f - /`7 0 0 a) Lot and Plan or Concession No.: pp,o Lo-r (%,C01.JG, PT l , R o 7 --64, b) Street/911 #& Name: ( c �� � Av ti 5. Nature and extent of relief applied for: L u C-A-Tiv r CSF CiA" 1..J /=A0 rt r J/1 r 26 cr.c4'ey‘ 11 t f Zit n .SSP j-` <7 EY i r Pallier/ Zl3 ec ktr, 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? A-CC&ss To PARK,aJ�- 7 C S A r/ -AA /-r c/+iT /4J 64-c/- 7. i C 7. Dimensions of the land affected: a) Frontage (m) f?,-; YV� b) Depth (m) . 3 .-vt c) Area (sq.m/ha) 6 2 ....1 yt..2 8. Particulars of all buildings and structures on or proposed for the subject land (specify ground floor area, gross floor area, numbertof storeys,width, length, height, etc.) a) Existing (- Stv<2" 1't�.:ltsa (A.� '�' I( v,1(L_ Y w.(W) Sat 1-11.1- 1- - ° - Avti1.1A b) Proposed ( '/i' 5 T( L? (Ae_Ac E .�;,� 4w1 X '7. 3 .-v,L L) X A-1.25(j-1) e.),)• AAL A-aEA - :31, Atka-A 9. Date of acquisition of subject land: c).‘„). 1C-;/9.01 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 0 63 11. Existing uses of the subject property: I Ld\.Tl:�t_ Sci.) A i_ °LAN 12. Length of time and existing uses to the subject property have continued: MS-0'S 7 Pfzi±s tsiu 13. Existing uses of abutting properties: a) North AC r/Cit T tt b) East c) South d) West XE5/ 14. Services available (check appropriate space(s)) a) Method of Water Supply(if applicable)__ L9 Public Water Supply System ' Private Individual Well 0 Private Communal Well 0 Other(please specify) b) Method of Sanitary Waste Disposal (if applicable) Private Septic Tank and Private Communal System 0 Tile Field System 0 Public Sanitary Sewer System ❑ Other(please specify) /704.1)iicAr tOk 15. Present Official Plan designation: b-s/i)E<v ZA/Z l 4-`v1 16. Present Zoning Bylaw classification: X/ L/61A'C•4 /1�6.-41Z/47704J X i,-)-7 r- 17. 17. Has the owner previously applied for a minor variance in respect to the subject property? a) Yes ❑ No [9' If Yes, describe briefly: 18. Is the subject property the subject of a current application of consent I severance? Yes 0 No LS/ 11/03/2015 Minor Variance 2015 STATUTORY DECLARATION l & YA Ar'.Com'' Et-LA OTT of the Name of Applicant(s) 04 aItsiCll°Fr -t T'; OP f�-`i-IAYv' in the CC) a /.0-T-Y (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. 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 Act". DECLARED before me at the I /Uri c -/// c( & i ) (City', Munici ality,Town,Township ) Signature of Applicant or Authorized Agent* �J ) in the al,t(7 J�f/ G C�l /vim/ ) 4 �i (County/District/Regio ) Signature of Applicant this day of (Ja /ai/, 20/(0, ) / 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 Municipality of llaylract, application. 11/03/2015 Minor Variance 2015 s A 3 t , :: 41 +, — ALM t ?e,-0.pcstb < .J 1 L.n aC'� //r►i: ti p It {3 1: ' I pki.6,,...k.,.;iAelok , : € I S G / ' -i' 3 F , 1 1 , 1 ., 1 i 1 r. f ..,7 $ f.\) I J -1 V• 4 I et 1 . 1 • 4 gIK r= F1 C That)i i'l A,V--L.12, tlts-, e) noC01111 Lain (-0 ,. 1 r.1-73.1 ilS1.64152tHi"\ fg L'' ..Z fi H I PA t'(.... Oa-I) ' n 1 : -1 — --, N . 1 ..„0-• _ :--. ,.'' 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(Typical tor Truss Supporting Purlins) 6 x 6 PT Post ' Floor Construction(Bonus Room) I Preflnlshed Vented Soffits,Fascia and Eevestrophe e 51O Spr T+G Sheathing 2 x 6 Sub Fascia(16•(oh) Glued and Nailed to 2 x10 Bottom Chord of Attic Truss Provide 1 Row of Bridging at Midspan of Truss 'vy`–rr II, and Under each Knee Wall ta_ Typical Wall Construction \'7. //yr 2 x 6 V Bracing al 41-45 Deg. All N PraMishad Horizontal Vinyl Siding (Continuous Through Girls) Or Lanactrucgon Typer aiming Pep 4'Poured Concrete Slab d I' 7/16•USB Wall Sheathing (min.32 Mpa with 5-B%Air Entrainment) 2 x 6 Horizontal Gins at 24"oc Saw Cures as eoeonca 6 x 6 PT Post(as per Plan) I Fibre Mesh R Inlor ant III 2 x 6 Horizontal Gins at 24'aa . 2 x 6 x 18•V Braco Blocking 6•Geer Granular Fill m 2 x Se PT Splashboard (Between Posts) _ _ Fastened to Post with 15 ea. cAv Drlp Flashing 3112•Ardox Nails vg .4,10 ➢m Backfill Excavations U 2w[1. 2 r Native Materials rL ip v a ,g RA_ 10•Deep x 24•Diameter Poured Concrete 2 x 4 x 15'PT for Post Uplift Resistance Pad Footing on Undisturbed Solt (One on Each Side of Post) (MM.46'Below Grade) Y Brace Detail urs 0,..ii Fasten with(10 ea.)3 1/2•Galy.Ardox Nails MCI Scale:316"=1'-0" (Each Connection) Typical Section Scale:3/16•=1'-0" IBI GROUP I 203-350 Oxford Street West London ON N6H 1T3 Canada B tel 519 472 7328 fax 519 472 9354 I I 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 11/2 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 181 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 2/11/2016 Google Maps gie Maps 1 McCord Lane �..•z'yy�J+�J���y'''M�' K`_` ; ._t-?„ .moi+ 5.r7 - .d - � 4 4 R I fix- .. - Google Imagery©2016 SWOOP,Elgin County,Map data©2016 Google 10 m https://www.googl e.ca/m aps/@42.6445074,-80.7958562,101 m/data=!3m 1!1 e3?hl=en 1/1 $AYH F.41C44101,11****. REPORT of , c, DEVELOPMENT SERVICESp 60- °i'tunity 1-s. 4 TO: Mayor & Members of Council FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment DATE: March 9, 2016 REPORT: DS-12/16 FILE NO. C-07 / D12.LATI16 Roll # 34-01-000-007-06300 SUBJECT: Committee of Adjustment - Minor Variance—A-04116 Latimer BACKGROUND: Craig and Lisa Latimer have submitted a minor variance application for their 4308 m2 (0.81 acre) property located on the north side of Heritage Line, west of Culloden Road, known municipally as 54296 Heritage Line. The property is designated "Estate Residential" on Schedule Al — Land Use and zoned Estate Residential (ER) in the Bayham Zoning By-law Z456-2003. The purpose of the variance is to grant relief from the Estate Residential (ER) Zone, Section 8.10.2 to permit a total Accessory Building area of 215.0 square metres in two buildings whereas the maximum accessory building area is 55.0 square metres, for a property with 4308 m2 (1.06 acres) of lot area located on the north side of Heritage Line, just west of Culloden Road, known as 54296 Heritage Line. The effect of the variance will be to allow the construction of an addition to an existing accessory building of 9.1 m by 17.1 m for a total area of 155.6 m2 (30 feet by 56 feet 1680 square feet) to be used for personal storage. DISCUSSION: Council must be satisfied with the Planning Act four"tests" when considering an application for a minor variance. The attached planner's memorandum dated March 7, 2016 provides an analysis of these tests. Staff and planner concur the application meets the criteria and would recommend granting the variance. At the time of writing this report, no public comments have been received regarding this application. Staff Report DS-12/16 Latimer Page 2 ATTACHMENTS 1. Application for Minor Variance A-04/16 2. IBI Memorandum dated March 7, 2016 3. GIS aerial map RECOMMENDATION 1. "THAT the Committee of Adjustment Secretary-Treasurer's report DS-12/16 regarding the LATIMER 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-04/16 submitted by Craig and Lisa Latimer, 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 8 Estate Residential Zone Subsection 8.10.2 Maximum Floor Area - to permit a total Accessory Building area of 215.0 m2 in two buildings whereas the maximum accessory building area is 55.0 m2 for a property with 4308 m2 (1.06 acres) property known municipally as 54296 Heritage Line Respectfully Submitted by: Reviewed by: Marga -t Underhill -y / Secretary/Treasurer Committee of Adjustment CAO vortN11. 4 File No. A"- 0`/ /6 APPLICATION FOR A Orheaity 19'0 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$2000.00 in cash or cheque made payable to the Municipality of Bayham. 1. OWNER(S) a) Name f' / G��' b) Mailing Address c � s% e:eiz 54'eegrAAfiteo /Uoj I'/t' c) Telephone No. Home:s71.-6,( ' q7y Work: e€ d) Fax No. Grncu/ = 54iCu.14— ed h .1-.3 ,,.1, co r.�f 2. SOLICITOR/AUTHORIZED AGENT a) Name b) Mailing Address c) Telephone No. Home: Work: d) Fax No. Send correspondence to: Owner(s) Solicitor/Authorized Agent FOR OFFICE USE ONLY © '# 3Z/0/I— 000 U c)~7 - o ca 3 OC) Application No.: 4-r>v//e.9 Date Received: ifeh ah(,, Date of Meeting:/Y1 Ar z t`°?/d to (0, t fir' File No.: 'Dje2, ,Lo-n, Fee Received: d coo Committee Decision: • 11/03/2015 Minor Variance 2015 Municipality of Bayham Application for Minor Variance Page 2 r7'` 3. Names and address of any mortgages, holders and charges or other encumbrances: Name Address 561 Cid VI+�Js1 4. Location of Land a) Lot and Plan or Concession No.: Cor> 7 iv Yv . a 74- )7131 b) Street/911 #& Name: 5-5/214, p$..-, Acc L„•te • 5. Nature and extent of relief applied for: drSid �ecort T/0 Pr i LJny ' 56/2 off/ �5��'f ��tl'/�s female e 54:. 5',60/444 i� ;04eomeA, ,ei� 5 irvlcu V rlancc -fc; c-/-701 F• lC • d, _ , . ,72 f Oa essory {coiny o7/Y:O3 nn02- whef, NOTE: In the case of a Supplementary farm dwelling, a Development Agreement is required. JrS Oma is / ,m1171 c�'. le 6. Why is it not possible to comply with with the provisions of the By-law? / f/ / L. y.S qi/,' ` V :04, /s/o.tS Es`6CTt4.0' / d r e(sc,14 l ser . 7. Dimensions of the land affected: a) Frontage (m) tZ,10,4 b) Depth (m) 77.5- r c) Area (sq.m /ha) 5/308, 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 i.5411,,,,,5c - 7. „nK (Z. ' clod le rem-0A 3,4 en IC 5:57v, 4d — ,-OC9.ic' _ 6-8Pgi77 � b) Proposed 51-e-e) 1 ,LK 17,z r— f�c>/� �701� fv EXifini Ilet &' SiZc9/5-. ad 9. Date of acquisition of subject land: OPIri, 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: /9 77. X . 11. Existing uses of the subject property: 1446 12. Length of time and existing uses to the subject property have continued: 977. 13. Existing uses of abutting properties: j/ f a) North roSide& ,44 yutcgk7� .r b) East d24A4( rvzVc,����i c) South Kl d) West 14. Services available(check appropriate space(s)) a) Method of Water Supply(if applicable) Public Water Supply System 0 Private Individual Well )1( Private Communal Well 0 Other(please specify) b) Method of Sanitary Waste Disposal(if applicable) Private Septic Tank andPrivate Communal System ❑ Tile Field System 4. Public Sanitary Sewer System 0 Other(please specify) 15. Present Official Plan designation: TV`C )06-4 cde...‘ 16. Present Zoning Bylaw classification: id€#1 pra / (ER) 17. Has the owner previously applied for a minor variance in respect to the subject property? a) Yes 0 No If Yes, describe briefly: 18. Is the subject property the subject of a current application of consent/severance? Yes 0 No 11/03/2015 Minor Variance 2015 REQUIRED SKETCH FOR MINOR VARIANCE APPLICATIONS APPLICANT NAME C/4 r3 l,c ilii PROPERTY ADDRESS 2' f /./ .,,,71---0-( z o.A..e . Roll#3401 - 006 007-o/, 300 Lot //y Concession 7 ,/7a2 . Registration Plan No.: // /1 3-.502_ Part Lots: d 4 3 _ Quarter of Municipality Lot N.E. 0 N.W. 0 S.W. 0 S.E. G---- See Sketch Instructions on the following page. \ S757, .7., --, f ` Zo IT i 11'7-1222 1_ 1, i i N c1 iu � k ' C -1 +- '�f- 4/Z,7Q, j-`,..;.--- �7Y^w , / i HeR!7-4,6)Ci Li r,i >,,' ,? RETURN THIS SKETCH WITH APPLICATION FORM- NOTE: WITHOUT A SKETCH AN APPLICATION CANNOT BE PROCESSED ALL DIMENSIONS MUST BE IN METRIC STATUTORY DECLARATION / I/�o aA i �d-;•-�- c a rd z r sc . /Cc 7 m-c r-- of the Name of Applicant(s) in the coLAti'�'� (City, Municipality, Town, Township) (County/Dil;trict/Regicjn) 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. 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 Act". DECLARED before me at the / f;1, i/7 4/y4a41 ) (City, Municipal',Town, Township ) Signature of Applicant or Authorized Agent* in the6c,(,) ,, G� � ) 1164, (Count / strict/Region) ) ture of Applicant this day ofil 'G=ll, 20 ) k .f. ) 1� SigtVture of Applicant ,L,sLa.A,�+ r1 - 7,��'� ' ) A C . missioner, etc. ) MARGARET UNDERHILL,a Commissioner9 ete. * If authorized agent, a letter of authorization from Deputy Clerk of the Corporation of the the owner of the property must accompany this Municipality of Baykal% application. 11/03/2015 Minor Variance 2015 l2 3 STEEL SIDING INFILL FRAMING ON SITE NN // NN g \\ to � lll—li EXISTING SHED io PROPOSED OVERED STORAGE 30'-0" I i FRONT ELEVATION Scale 3/16"-l'-0" -- ( MAIN FLOOR PLAN Scale 3/16"-l'-0" '‘--it , 30'-0" OUTSIDE POST-POST A ,t, o . , . , I, 03 p U W ` r,y� y i I� 0 O ri RS�I gr ro , 0I 0 N ELLED TO 2 "0 I 48"BELOW GRADE Cl Oj `l 0 PRE-ENGINEEREDI o ROOF TRUSSES EXISTING SHE @48"O.C. IIE(11 w STORAGE . `k PROPOSED COVERED 10'-6", En 0 • GRAVEL FLOOR • 1695 SQ.FT. LII 1-I.:1)Z i I UiI a iii I 12X12 PILASTER ON 24X24 PAD C N 48"BELOW GRADE EXISTING SHED o N700 SQ.FT. 1 O N 10 ,li '1 O I , I I'----':=t°3 , 29'-9jq"q OF BEAM 'I ri—Nr--i 30'-0" 21'-0" 51'-0" i IBI GROUP 203-350 Oxford Street West I tel 3 London 1T3 519 4472 28fax 519 472 9354 ( {VVI I 1 ibigroup.com Memorandum To/Attention Municipality of Bayham Date March 7, 2016 From William Pol, MCIP, RPP Project No 3404-616 cc file Subject Latimer-Application for Minor Variance to Zoning By-law#Z456-2003 Pt. Lot 114, Con 7, NTR, 54296 Heritage Line 1. We have completed our review of Minor Variance application A-04/16, submitted by Craig and Lisa Latimer for lands located at 54296 Heritage Line, north side,just west of Culloden Road. The applicant is requesting a variance to Zoning By-law #Z456-2003 to accommodate the construction of a dry shed addition of 156.6 m2 and retain 58.5m2 accessory building for a total of 215.0 m2 accessory buildings for the storage of personal equipment by the owner of the property. A variance is required because the maximum area of an accessory building is 55.0 m2. The subject lands are designated Estate Residential on Schedule "Al" Land Use in the Official Plan. The lands are zoned Estate Residential (ER) in Zoning By-law#Z456-2003. The permitted uses include single detached dwelling, Home Occupation, Private Garage or carport as an accessory use and accessory uses. 2. The subject lands have lot frontage of 42.4 m (139 feet), lot depth of 77.5 m (254 feet) for an area of approximately 4308 m2(0.81 acres).The lot appears to be flat with no constraints to construction of the accessory building. The proposed accessory building is located a minimum of 3.5 m from the westerly property line and 26.3 m from the rear property line. 3. The surrounding land uses are single detached dwelling to the north; residential single detached to the east; agriculture to the south; and agricultural to the west. The proposed accessory buildings are not likely to have an impact on any of the abutting land uses. 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. Is the variance minor in nature? The additional accessory building is intended for the storage of personal equipment. It will replace an existing shed and provide for an expansion of the accessory building. The absolute size of the accessory structure is larger than the limit for accessory buildings. In comparison to the lot area it is 5% of the total lot area. The proposed variance is minor in nature in comparison to the lot area. ii. Is the variance desirable for the use of the lands? The variance for the accessory building for the storage of personal equipment is desirable for the use of the lands to provide convenient and secure storage of personal items on the same property as the dwelling. The new accessory building is an addition to an existing structure and desirable for the use of the lands. IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects IBI GROUP MEMORANDUM 2 Municipality of Bayham—March 7,2016 iii. Does the variance maintain the general intent and purpose of the Zoning Bylaw? The variance maintains the intent of the Zoning By-law by creating an addition to an existing accessory building. Accessory buildings are permitted in the Estate Residential zone. iv. Do the variances maintain the general intent and purpose of the Official Plan? The intent of the"Estate Residential" land use designation is to allow single detached dwellings as the main permitted uses and accessory buildings. The intent of the Official Plan is maintained to allow a large accessory building used for the storage of personal material and equipment. 5. Based on our review of this application we would have no objection to approval of a minor variance to Zoning By-law#Z456-2003 to permit the construction of an accessory building and retain an existing accessory building with a combined total area of 215 m2 for all accessory buildings on the property for the storage of personal items by the owner of the property. ?valet s to. Ad IBI GROUP William Pol, MCIP, RPP Affiliate IBI Group Consulting Planner to the Municipality of Bayham ® ELGIN � s � .1, ' ".e,,' fi , nart'',J:- i�'f'?� �'•4: pFT, m Legend Lagoons on s E911mV Parcels a Local ¢ — Arterial - ; „ k Highways i World Street Map ,'.x e .=" ,a`I M. x � r �, h w ..3 �tlgt"�" F7 1r W .N � 5425�;ry .' r t� k,. 54296 =54314 _ 54345 In L L, 1: 2,25641.rill i Notes 0.1 0 0.06 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 onf this map may or may not be accurate, WGS_1984_Web_Mercator_Auxiliary_Sphere current,or otherwise reliable. ©Latitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION $AYH ►, REPORT � �y DEVELOPMENT SERVICES poj.tunity Isco TO: Mayor & Members of Council FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment DATE: March 9, 2016 REPORT: DS-13/16 FILE NO. C-07 / D12.GAUT16 Roll # 34-01-000-006-06420 SUBJECT: Committee of Adjustment - Minor Variance—A-05/16 Gauthier/Howard BACKGROUND: Joseph Gauthier and Joanne Howard have submitted a minor variance application for their 1.42 ha (3.5 acre) property located on the south side of Ridge Line, east of Plank Road, known municipally as 11050 Ridge Line. The property is designated "Estate Residential" on Schedule Al — Land Use and zoned Estate Residential (ER) in the Bayham Zoning By-law Z456-2003. The purpose of the variance is to grant relief from the Estate Residential (ER) Zone, Section 8.10.2 to permit a total Accessory Building area of 126.7 square metres in two buildings whereas the maximum accessory building area is 55.0 square metres. The effect of the variance will be to allow the construction of a new accessory building of 7.3 m by 11.2 m for an area of 81.7 m2 (30 feet by 56 feet for an area of 1680 square feet) to be used for personal equipment and materials and retain the existing accessory building of 45 m2 (484.3 square feet). DISCUSSION: Council must be satisfied with the Planning Act four"tests" when considering an application for a minor variance. The attached planner's memorandum dated March 9, 2016 provides an analysis of these tests. Staff and planner concur the application meets the criteria and would recommend granting the variance. At the time of writing this report, no public comments have been received regarding this application. ATTACHMENTS 1. Application for Minor Variance A-05/16 Staff Report DS-13/16 Gauthier/Howard Page 2 2. IBI Memorandum dated March 9, 2016 3. GIS aerial map RECOMMENDATION 1. "THAT the Committee of Adjustment Secretary-Treasurer's report DS-13/16 regarding the GAUTHIER HOWARD 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-05/16 submitted by Joseph Gauthier and Joanne Howard, 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 8 Estate Residential Zone Subsection 8.10.2 Maximum Floor Area - to permit the construction of an accessory building and retain an existing accessory building with a combined total area of 208.4 m2 for all accessory buildings whereas the maximum accessory building area is 55.0 m2 for a property with 1.42 hectares (3.5 acres) property known municipally as 11050 Ridge Line Respectfully Submitted by: Reviewed by: Margaret, nderhill u' : ay Secretary/Treasurer Committee of Adjustment CAO File No. A''0 s- /k' . 06.17,41 f 0, $� APPLICATION FOR n.� 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 4YePi 6 4,47-iii C .L Jo /J c36c-) b) Mailing Address /10%U erelj-e tr,c =F�& - (% 0 3 / //o c) Telephone No. Home: lj/C, ( Work: d) Fax No. �- En/ */: o 7cq_g/ OCrYa,/.,CGSni 2. SOLICITOR/AUTHORIZED AGENT a) Name b) Mailing Address c) Telephone No. Home: Work: d) Fax No. Send correspondence to: u/ Owner(s) Solicitor/Authorized Agent FOR OFFICE USE ONLY ,p//# 3y'y/- U00 - 00 - VaQ Application No.: /? - 0 t-1/(1, Date Received: g/ /V/6, 1 Date of Meeting:/ 1 ti 1 j6 File No.: , it-T. Fee Received: ,c9e3co Committee Decision: Baa ��o 11/03/2015 Minor Variance 2015 Municipality of Bayham ds." Application for Minor Variance Page 2 3. Names and address of any mortgages, holders and charges or other encumbrances: Name Address 3 fsa u.-1-1, se-r 1 i 0 so Rid Lint, -j p J c a I fl d \I oe/ rt rue, Ho i/Jcu a i 135( 1 -cL2in NOT I Ho 4. Location of Land /f0// # 3 V®/— d QO -- 0 0 Oc,9a a) Lot and Plan or Concession No.: Coil I P 4.07 / !e p '//-29a2/ oz.en/ b) Street/911 #&Name: / o I ZP2 5. Nature and extent of relief applied for: -4)" �/ , ec,h ri . /O . 9 .1 /' ,7V' a c e r 'SC1 bit// rn a7,76 n a 6/44er c m 3 15c-pri 'e7 NOTE: 4n the case of a Supplementary farm dwelling, a Developmerft Agreement is required. 6. Why is it not possible to comply with the provisions of the By-law? S'; z G Arco /7 Lj-lr3 w tic,, y7v r40� G— e=r- perSO C jc-c ! 174-fix f 04 n i( fit f-�/ r 5 c /7/3- 7. Dimensions of the land affected: a) Frontage(m) ///, 6 oil b) Depth (m) /OP . (® /gr'E&-li L(9Y c) Area(sq.m/ha) /n/c9 ma 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 Si.1,9/( Dee-,C/1-0 1201,66) g-/3—ci / ;0,16-Lev-ell b) Proposed go/I sfor43.e6Jui`L��� too Lc,e_e/ 1 •&' it.e �1 � 9. Date of acquisition of subject land: (./C/za Gni/ 30 9 o` - 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: 9-6 /' 11. Existing uses of the/subject property: Re. i d i- -4Cc? 12. Length of time and existing uses to the subject property have continued: 9 C/O 13. Existing uses of abutting properties: / 7 a) Noah t►^ff'�E'�/er> Po4Il �Si ��t b) East l�� Lo-r" t c/26/i 5 v e-s)(41 c) South / ;rr Lu 7iQrc,4 / h l d) West % c .9 7' 14. Services available(check appropriate space(s)) a) Method of Water Supply(if applicable) Public Water Supply System 0 Private Individual Well C8' Private Communal Well ❑ Other (please specify) b) Method of Sanitary Waste Disposal (if applicable) Private Septic Tank andPrivate Communal System 0 Tile Field System Public Sanitary Sewer System 0 Other(please specify) F 15. Present Official Plan designation: �3%GI`C / ► 57A✓1G' 16. Present Zoning Bylaw classification: 57 C / "/C4/774 17. Has the owner previously applied for a minor variance in respect to the subject property? a) Yes 0 No If Yes, describe briefly: 18. Is the subject property the sub1ect of a current application of consent t severance? Yes 0 No El 11/03/2015 Minor Variance 2015 STATUTORY DECLARATION I/We, �� 67/9. 7 C of the Name of Applicant(s) in the 6-77M (City, Municipality, Town, Township) (County/District/Region) CS2__EMNLY 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. INVe 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 Act'. DECLARED before me at the &yA,m7 (City, Municipality own,Townshi6 ) Signature of Applicant or Authorized Agent* in the �C /r7.. G L / rf., A 40110/ AiPt (County/District I Region) � } Signature of Applicant ) this / -‘711s.---day of Yadrr ,20 ) -41 ) Signature of Applicant 7 } A Co missioner, etc. ) MARGARET UNDERHILL,a Commissioner, efe. * If authorized agent, a letter of authorization from Deputy Clerk of the Corporation of the the owner of the property must accompany this Municipality of Dayltacn. application. 11/03/2015 Minor Variance 2015 c- _----, 1..7 ,.._:2/ ; ....7 ..L.7/ /7) /,../ ii j y -,-,/ -a \\() ------ ,.. fr` q_ ''' ' ,-..z.,,f, 4., 1 ) • A\ i ,k . 1 . ,,,A / / \ i t ) li .._., I . • 1 l i (-t 4 b. (.... '-----••-- C.. i 1 ..‘ ' ..i . .) -•j-- '" t ,. ,. 1 _14 C '‘ 414,9-44: Yvv17---FL •1:1...--. ,I, cf) , 1 1. ,I• • ..} 1 „......_,,_ -) il(-• • Q.2%.(1 . ) r"----- ,z...,:.vde YV ,L, . (3 -, ..., ----,,s:' . 9 (-1--70 ty 2. ! i 1, 1 1 0 °,4,,,/.9,11-1•:,3 1 1 , , k.vi-e2 - 1 I 1 , 1 e./ 1 \iff jr7 -----------.- 7 IV / ? ;19 &) (7 L .--1 ,-Q -,,:7 (2) r11IBI GROUP I B I 203-350 Oxford Street West London ON N6H 1T3 Canada tel 519 472 7328 fax 519 472 9354 ibigroup.com Memorandum To/Attention Municipality of Bayham Date March 9, 2016 From William Pol, MCIP, RPP Project No 3404 -617 cc file Subject Gauthier\Howard -Application for Minor Variance to Zoning By-law #Z456-2003 Pt. Lot 21, Con 8, 11050 Ridge Line 1. We have completed our review of Minor Variance application A-05/16, submitted by Joseph Gauthier and Joanne Howard for lands located at 11050 Ridge Line, south side, just east of Plank Road. The applicant is requesting a variance to Zoning By-law #Z456-2003 to accommodate the construction of an oversized accessory building for personal storage of 163.4 m2 and retain an existing 45.0 m2 accessory building for a total of 208.4 m2 accessory buildings for the storage of personal equipment by the owner of the property. A variance is required because the maximum area of an accessory building is 55.0 m2. The subject lands are designated Estate Residential on Schedule "Al" Land Use in the Official Plan. The lands are zoned Estate Residential (ER) in Zoning By-law#Z456-2003. The permitted uses include single detached dwelling, Home Occupation, Private Garage or carport as an accessory use and accessory uses. 2. Notice of the application indicated an accessory building area of 126.7 m2 assuming a one floor building as requested in the nature and extent of relief. Upon further review of the application the proposed building has two storeys and a floor area of 163.4 m2 and a total accessory building area of 208.4 m2 on the property. This notification error does not affect the review or opinion in this report. No further notice is required. 3. The subject lands have lot frontage of 112.6 m (369 feet), lot depth of 102.6 m (366 feet) for an area of approximately 1.2 ha (3.15 acres). The lot appears to be flat with no constraints to construction of the accessory building. The proposed accessory building is located 39 m from the front lot line and 18 m from the easterly property line. 4. The surrounding land uses are single detached dwelling to the north; vacant residential to the east; agriculture to the south; and agricultural to the west. The proposed accessory buildings are not likely to have an impact on any of the abutting land uses. 5. 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. Is the variance minor in nature? The additional accessory building is intended for the storage of personal equipment. It will replace an existing shed and provide for an expansion of the accessory building. The absolute size of the accessory structure is larger than the limit for accessory buildings. In comparison to the lot area it is 1.6%of the total lot area. The proposed variance is minor in nature in comparison to the lot area. IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects IBI GROUP MEMORANDUM 2 Municipality of Bayham—March 9,2016 ii. Is the variance desirable for the use of the lands? The variance for the accessory building for the storage of personal equipment is desirable for the use of the lands to provide convenient and secure storage of personal items on the same property as the dwelling. The site appears to accommodate a form of livestock, probably horses. The keeping of livestock as a hobby farm is permitted in accordance with Section 8.11 of the by-law. If the owner intends to increase the number of livestock from legally existing at the date of this application, the municipality shall require the application of the Minimum Distance Separation formula prior to the issuance of a building permit. iii. Does the variance maintain the general intent and purpose of the Zoning Bylaw? The variance maintains the intent of the Zoning By-law by allowing a new accessory building. Accessory buildings are permitted in the Estate Residential zone and the intent of the by-law is maintained. iv. Does the variance maintain the general intent and purpose of the Official Plan? The intent of the"Estate Residential" land use designation is to allow single detached dwellings as the main permitted uses and accessory buildings. The intent of the Official Plan is maintained to allow a large accessory building used for the storage of personal material and equipment. 6. Based on our review of this application we would have no objection to approval of a minor variance to Zoning By-law#Z456-2003 to permit the construction of an accessory building and retain an existing accessory building with a combined total area of 208.4 m2 for all accessory buildings on the property for the storage of personal items by the owner of the property. Should the owner increase the number of legally permitted livestock the owner shall be subject to the minimum distance separation formula of the By-law. William Pol IBI GROUP William Pol, MCIP, RPP Affiliate IBI Group Consulting Planner to the Municipality of Bayham 6 i ,1 lfri., "OELGiN arr•} *. ; � x e ,f, s e L'"2n - v -e , is +�� Y74.�4f, w1'S- '�`8• yam, 5 ...4',..,:i.::•,.,' 'n.f,.: ° t " ,� ..:1:,"::::#'- ..v ' _r„.,-,,-;,..4V,...Yv'¢. " 'FFA ,,,�.. kl ,5 ya, F y. p*' t s'4 y d4 11070 � Legend Lagoons u -r o E911 D Parcels ,,, Local y Arterial • ' 17050 — Highways World Street Map y l . ✓1•. ?... 3R,. Www - c; 1,r C ': ,, ,,,t 1: 2,256 Notes rr 0.1 0 0.06 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_Auxil iary_Sp here current,or otherwise reliable. Latitude Geographies Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION $AYH f = REPORT } } o� �,,cy DEVELOPMENT SERVICES Aoj.tunity Isco TO: Mayor & Members of Council FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment DATE: March 9, 2016 REPORT: DS-14/16 FILE NO. C-07 / D12.ZACH Roll # 34-01-000-008-06400 SUBJECT: Committee of Adjustment - Minor Variance—A-06116 Zacharias BACKGROUND: Frank and Sara Zacharias have submitted a minor variance application for their 0.19 ha (0.47 acre) property located on the south side of Calton Line, east of Richmond Road, known municipally as 6692 Richmond Road. The property is designated "Hamlets" on Schedule Al — Land Use and zoned Hamlet Commercial (HC) in the Bayham Zoning By-law Z456-2003. The purpose of the variance is to grant relief from the Hamlet Commercial (HC) Zone, Section 16.8 to permit a rear yard setback of 1.2 m (4.0 feet) whereas the minimum rear yard setback abutting a residential zone is 6.0 m (19.6 feet). The effect of the variance will be to allow the construction of a new accessory garage building of 6.0 m by 7.3 m for an area of 43.8 m2 (20 feet by 24 feet for an area of 480 square feet) to be used for the storage of vehicles and personal equipment. DISCUSSION: Council must be satisfied with the Planning Act four "tests" when considering an application for a minor variance. The attached planner's memorandum dated March 9, 2016 provides an analysis of these tests. Staff and planner concur the application meets the criteria and would recommend granting the variance. At the time of writing this report, no public comments have been received regarding this application. ATTACHMENTS 1. Application for Minor Variance A-06/16 2. IBI Memorandum dated March 9, 2016 Staff Report DS-14/16 Zacharias Page 2 3. GIS aerial map RECOMMENDATION 1. "THAT the Committee of Adjustment Secretary-Treasurer's report DS-14/16 regarding the ZACHARIAS 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-06/16 submitted by Frank and Sara Zacharias, 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 16 Hamlet Commercial Zone Subsection 16.8 Minimum Rear Yard Depth -to permit the construction of a new accessory garage building with a rear yard setback of 1.2 metres (4.0 feet)whereas the minimum rear yard setback abutting a residential zone is 6.0 metres (19.6 feet) for a property with 0.19 hectare (0.47 acres) property known municipally as 6692 Richmond Road. Respectfully Submitted by: Reviewed by: /Ale Margar-•t Underhill Secretary/Treasurer Committee of Adjustment CAO ValAitt File No. A- Cir /f % #1/4t4e) ,4 I, �Ig.�., 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$2000.00 in cash or cheque made payable to the Municipality of Bayham. 1. OWNER(S) a) Name fp 9�, 3 L�b � c.�did i"c., s.- ,u-��. .G 6 b) Mailing Address G p / ,$)_rte c) Telephone No. Home: u ;7- s •„_",ir . Work: E ✓ . d) Fax No. %✓ t -2_ 3i1i 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 A)U/l , 3e/ /0 00 00F06,4/ Application No.: — 6//6, I Date Received: Jia r r// I Date of Meeting:Ma r/-7//6, E/!e No.'7)/s -z,Q/� f Fee Received:.t:::'7000 I Committee Decision: "CY- g,-,4 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 4. Location of Land �o// 33/4)1 c>CO co % C # '/G 0 a) Lot and Plan or Concession No.: f,; />±, ,7 7• / a,) YA,7/ b) Street/911 #&Name: / L4 . _' ;'x ,r;f;) 5. Nature and extent of relief applied for: /to. -f r . . `%✓/ -F v • ! 'ye 'fir F2`1 ..5 sR J E } c.�F:. 7,-1A r' 1- / ;a p .,- f�rf� .,li°".r� "�d��t.,'�.""�,.`.y "`fie. ¢"�. �.•'s=!' ��f�' ` e ���''Y f 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? 7. Dimensions of the land affected: a) Frontage (m) 4717. 5 ,,n b) Depth (m) 3 - - YY/ /K/(66-ti L,q . c) Area (sq.m/ha) O. /9 (0. 4/7,9 c) 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 /5 e5i 00 3 e nma i j, 5 r ' 5mu// she ✓ he 1 tCv,-' . b) Proposed ?-,2 x e % r' ;,•�. - (1.-R61 -I f- � 9. Date of acquisition of subject land: / 1 9 'c 11/03/2015 Minor Variance 2015 Municipality of Bayham 7; Application for Minor Variance Page 3 ' 10. Date of construction of all buildings and structures on subject lands: 99t 11. Existing uses of the subject property: `tea.!/,-) L- 12. 12. Length of time and existing uses to the subject property have continued: .a /;'; 13. Existing uses of abutting properties: a) North ///4/Y7772:1 b) East "S ,r, iz, &- c) c) South 'CS//JL jff d) West r UL44- 14. Services available(check appropriate space(s)) a) Method of Water Supply(if applicable) Public Water Supply System 0 Private Individual Well IN Private Communal Well ❑ Other(please specify) b) Method of Sanitary Waste Disposal (if applicable) Private Septic Tank and Private Communal System 0 Tile Field System ® Public Sanitary Sewer System 0 Other(please specify) 15. Present Official Plan designation: /;f,4,Yr(-1 4 C 7 16. Present Zoning Bylaw classification: ti /� C ; Fz= �, 17. Has the owner previously applied for a minor variance in respect to the subject property? a) Yes 0 No If Yes, describe briefly: 18. Is the subject property the subject of a current application of consent/severance? Yes 0 No rki 11/03/2015 Minor Variance 2015 STATUTORY DECLARATION I/We, "t SCz,-mac. C-I4O a E of the Name,off Applicant(s) ( ik14 in the au �f 072677,7 ir. (Cit , Municipality, Town, Township) (CountY/Distrfct/Re ion ) 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. UWe 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 Act". DECLARED before me at the 71 A/ (City, Municipality,Town,Township ) Si nature of Applicant or Authorized Ageltt-*-- / kzc /-1 3//ca in the " C/- �- i'1 ) (County/ 'strict/Region) (I ) Signature of Applicant this / day of / /lr ,'1 , 20/62, ) r ✓f i ) Si9 ure of Applicant ",rel' ) J , A Commissioner, etc. ) MARGARET UNDERHILL,a Commissioner, etc. * If authorized agent, a letter of authorization from Deputy Clerk of the Corporation of the Municipality of sytzaca, the owner of the property must accompany this application. 11/03/2015 Minor Variance 2015 4,rf ,im ren=ieasr ar a n .. °aa°�wnm �� m.��. e.�...._._. e. � tranamo..,..., . ,.,e.... . _-- ---- V 1 ._.),(11,1 1 )' I.r J 3 14_,"14 L.'I---11) 4 ,3 — — N01°04 4 160. 00' I NST 363310 & SET N N CV': 'il_•l?/:D P/./ll 0-;4,x.9 a; 11`P!b 1 ..---- / - - --- - - Co • /N /u,rw;J/U i. „r d dit! N t 7 o O /r N/ , /7r p 46 3.B' .,W ` 5 �- O ",/�� l i 74 %r trt'S' v 07�+inn `W 0 / •Y• ,9, ell mn_ / 3 1. \I-, a orr im,-m / 71 ( / 9.e.:': '', A ;� m / ),-io z ! 54, 7' •- ' ` / GI �d • ,q / 0) / 0) _ Ss a 0 / ^ - __.. 0 te. ..,, .A \ co N � / — N01°04' 45"E 31 0. 00' i NST 3633 I 0 a1 SET \\ // // ` :� N / i '\ , / /\� (\ // c-\ /! N �� / / r // / \ •v / /N.' / Q) / � \` / L Q� / < / C ` /\ / ` A/ o / / /- /Ni � ! \ r / o �N / IBI GROUP B I 203-350 Oxford Street West Lo don ON N6H T3 Canada tel n519 4472 328 1 fax 519 472 9354 J ibigroup.com Memorandum To/Attention Municipality of Bayham Date March 9, 2016 From William Pol, MCIP, RPP Project No 3404 -618 cc file Subject Zacharias-Application for Minor Variance to Zoning By-law#Z456-2003 Pt. Lot 1, Con 3, 6692 Richmond Road 1. We have completed our review of Minor Variance application A-06/16, submitted by Frank and Sara Zacharias located at 6692 Richmond Road, on the southeast corner of Richmond Road and Calton Line.The applicant is requesting a variance to Zoning By-law#Z456-2003 to accommodate the construction of a detached garage accessory building with an area of 44.6 m2 and a minimum rear yard setback of 1.2 m (4.0 feet) whereas the minimum rear yard setback abutting a residential zone is 6.0 m(19.6 feet)in the Hamlet Commercial Zone. The subject lands are designated Hamlet on Schedule "Al" Land Use in the Official Plan. The lands are zoned Hamlet Commercial(HC)in Zoning By-law#Z456-2003. The permitted uses include offices, personal services, retail stores and one dwelling as an accessory use. 2. The subject lands have lot frontage of 39.6 m(130 feet)on Calton Line and lot depth of 44.5 m (146 feet) on Richmond Road for an area of approximately 0.19 ha (0.47 acres). The lot appears to be flat with no constraints to construction of the accessory building. The proposed accessory building is located 15.2m (50 feet) from the exterior side lot line and 1.2 m (4.0 feet)from the southerly property line. Buildings in the Hamlet Commercial zone shall meet the minimum setback requirements of the main building in accordance with Section 16.8. 3. The surrounding land uses are single detached dwelling to the south, east and west. An institutional land use is located to the north. The proposed detached garage accessory building is not likely to have an impact on any of the abutting land uses. 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. Is the variance minor in nature? The detached garage accessory building is intended for the storage of personal equipment. It will replace an existing shed and allow for the storage of motor vehicles and equipment. The reduction in rear yard is necessary because the lot dimensions are shortest along Calton Line and longer along Richmond Road. Therefore the rear yard is the southerly lot line. Secondly because the lands are zoned Hamlet Commercial it has a higher setback requirement abutting lands zoned Hamlet Residential to the south. The reduction in setback from 6.0 m to 1.2 m is appropriate for proposed detached garage and is considered minor in nature. IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects IBI GROUP MEMORANDUM 2 Municipality of Bayham—March 9,2016 ii. Is the variance desirable for the use of the lands? The variance for the detached garage accessory building is desirable for the use of the lands to provide convenient and secure storage of personal items on the same property as the dwelling. The detached garage would be too close to the main building if the setback of 6.0 m was applied to the rear yard and impact the use and enjoyment of the residential dwelling. iii. Does the variance maintain the general intent and purpose of the Zoning Bylaw? The variance maintains the intent of the Zoning By-law by allowing a new detached garage accessory building. Accessory buildings are permitted in the Hamlet Commercial zone and the setback is sufficient for the maintenance of the garage building and on site drainage. The intent of the by-law is maintained. iv. Does the variance maintain the general intent and purpose of the Official Plan? The intent of the"Hamlet" land use designation is to allow Hamlet Commercial uses and recognizes the accessory single detached dwellings as a non-conforming land use. The intent of the Official Plan is maintained to allow a detached garage accessory building for use by the owner of the property. 5. Based on our review of this application we would have no objection to approval of a minor variance to Zoning By-law #Z456-2003 to permit the construction of a detached garage accessory building with a rear yard setback of 1.2 m in place of 6.0 m abutting a Hamlet Residential zone. William Pol IBI GROUP William Pol, MCIP, RPP Affiliate IBI Group Consulting Planner to the Municipality of Bayham • ® ELGIN MAPPING .:...,'.-i.- Y4 ,fF .. •. 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