HomeMy WebLinkAboutMarch 17, 2016 - Planning - Committee of Adjustment COMMITTEE OF ADJUSTMENT MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville, ON
Council Chambers
Thursday, March 17, 2016
6:00 p.m.
COMMITTEE MEMBERS PRESENT: PAUL ENS
TOM SOUTHWICK
RANDY BREYER
WAYNE CASIER
COMMITTEEE MEMBERS ABSENT: ED KETCHABAW
STAFF PRESENT: CAO PAUL SHIPWAY
SECRETARY-TREASURER MARGARET UNDERHILL
SIGNED IN ATTENDEES:
A-01/16 — Elliott
Jeff Elliott, Marcy Elliott
A-04/16 — Latimer
Craig Latimer
A-015/16 —Gauthier/Howard
Joseph Gauthier, Joanne Howard
A-06/16 — Zacharias
No signed in attendees
1. CALLTO ORDER
A. The Secretary-Treasurer called the meeting to order at 6:00 p.m. and asked for those in
attendance for this meeting to sign in at the podium.
2. APPOINTMENT OF CHAIRMAN
A. Appointment
Moved by: W Casier
Seconded by: R Breyer
"THAT Paul Ens be appointed Chairman of the Committee of Adjustment for
consideration of Minor Variance Applications A01/16 submitted by Jeffrey and
Marcy Elliott, A-04/16 submitted by Craig and Lisa Latimer, A-05/16 submitted by
Joseph Gauthier and Joanne Howard and A-06/16 submitted by Frank and Sara
Zacharias.
CARRIED
3. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
2016 Committee of Adjustment Minutes March 17, 2016
Page 2 of 5
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)
Secretary-Treasurer M. Underhill presented Report DS-11/16 and advised additional
information requested at the February 18, 2016 meeting was received and no written
comments were received.
B. Report DS-12/16 re Committee of Adjustment— Minor Variance —A-04/16 Latimer
Secretary-Treasurer M. Underhill presented Report DS-12/16 and advised no written
comments had been received.
C. Report DS-13/16 re Committee of Adjustment- Minor Variance—A05/16 Gauthier/Howard
Secretary-Treasurer M. Underhill presented Report DS-13/16 and advised no written
comments had been received.
D. Report DS-14/16 re Committee of Adjustment— Minor Variance—A-06/16 Zacharias
Secretary-Treasurer M. Underhill presented Report DS-14/16 and advised no written
comments had been received.
2016 Committee of Adjustment Minutes March 17, 2016
Page 3 of 5
6. PRESENTATIONS BY APPLICANT/AGENT
A. None
B. None
C. None
D. None
7. PUBLIC SUBMISSIONS
A. None
B. None
C. None
D. None
8. COMMITTEE QUESTIONS AND DISCUSSION
A. P. Ens inquired the reason for not retaining the holding tank
The Secretary-Treasurer responded the owner's desire to install a field bed.
B. None
C. None
D. None
9. DECISION OF COMMITTEE (Motions)
Moved by: W. Casier
Seconded by: T Southwick
A. "THAT the Committee of Adjustment Secretary-Treasurer's reports DS-07/16 and DS-
11/16 regarding the ELLIOTT minor variance be received;
AND WHEREAS the Committee agrees that the proposed variances meet Section
45.1(1) of the Planning Act and the variance is considered minor;
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
2016 Committee of Adjustment Minutes March 17, 2016
Page 4 of 5
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
CARRIED
B. Moved by: T Southwick
Seconded by: R Breyer
"THAT the Committee of Adjustment Secretary-Treasurer's report DS-12/16 regarding
the LATIMER minor variance be received;
AND WHEREAS the Committee agrees that the proposed variances meet Section
45.1(1) of the Planning Act and the variance is considered minor;
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
CARRIED
C. Moved by: T Southwick
Seconded by: R Breyer
"THAT the Committee of Adjustment Secretary-Treasurer's report DS-13/16 regarding
the GAUTHIER HOWARD minor variance be received;
AND WHEREAS the Committee agrees that the proposed variances meet Section
45.1(1) of the Planning Act and the variance is considered minor;
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
2016 Committee of Adjustment Minutes March 17, 2016
Page 5 of 5
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
CARRIED
D. Moved by: W Casier
Seconded by: R Breyer
"THAT the Committee of Adjustment Secretary-Treasurer's report DS-14/16 regarding
the ZACHARIAS minor variance be received;
AND WHEREAS the Committee agrees that the proposed variances meet Section
45.1(1) of the Planning Act and the variance is considered minor;
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.
CARRIED
10. ADJOURNMENT
A. Adjournment
Moved by: T Southwick
Seconded by: R Breyer
"THAT the Committee of Adjustment hearing for consideration of Minor Variance
Applications A-01/16, A-04/16, A05/16 and A-06/16 be adjourned at 6:16 p.m.;
AND THAT in accordance with the regulations of the Planning Act, Notices of
Decision be circulated by the Secretary-Treasurer accordingly.
CARRIED
DATE:i/W471/(,Z-
'
/v77,
Secre'tary-Treasurer ��'aiirman