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HomeMy WebLinkAboutApril 07, 2016 - Planning - Committee of Adjustment COMMITTEE OF ADJUSTMENT AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville, ON Council Chambers Thursday, April 7, 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-03/16 1841449 Ontario Inc. (Dyck) Request to grant relief from Zoning By-law Z456-2003, Agriculture Zone, Section 5.1 to permit Accessory Living Quarters B. Minor Variance Application A07/16 Vogelsang Request to grant relief from Zoning By-law Z456-2003 Village Residential (R1) Zone, Section 10.11 b) Maximum Height and Section 10.11 c) Maximum Floor Area 5. STAFF PRESENTATION A. Report DS-18/16 re Committee of Adjustment— Minor Variance —A-03/16 1841449 Ontario Inc. B. Report DS-19/16 re Committee of Adjustment— Minor Variance —A-07/16 Vogelsang 6. PRESENTATIONS BY APPLICANT/AGENT 7. PUBLIC SUBMISSIONS 8. COMMITTEE QUESTIONS AND DISCUSSION 9. DECISION OF COMMITTEE (Motions) 10. ADJOURNMENT voxICHA41- I 44/nPlifrs -.5.- ,-„,,,_,___, , __ ,,,,,:„j., ,,,,,__. _ , _-,.._:,-,-,),--sio,,,,,,,. 0.- REPORT .„,;2„ o * o��� DEVELOPMENT SERVICES -oj.tunity Is'•iL TO: Mayor & Members of Council FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment DATE: April 7, 2016 REPORT: DS-18/16 FILE NO. C-07 / D12.1841449 Ontario Inc. Roll # 34-01-000-002-16200 SUBJECT: Committee of Adjustment - Minor Variance —A-03116 1841449 Ontario Inc. BACKGROUND: 1841449 Ontario Inc. (Peter Dyck) has submitted a minor variance application for his 19.4 hectare (47.9 acres) property located on the east side of Plank Road, north of Light Line, known municipally as 6978 Plank Road. The property is designated "Agricultural" and "Natural Heritage" on Schedule 'Al' Land Use in the Official Plan and zoned Agriculture (A1) and LPRCA Regulation Limit in the Bayham Zoning By-law Z456-2003. The purpose of the variances is to grant relief from Agriculture (A1) Zone, Section 5.1 to permit Accessory Living Quarters to the extent the use is not permitted for a property with 19.4 ha (47.9 acres) of land property located on the east side of Plank Road, north of Light Line known as 6978 Plank Road. The effect the installation of two accessory bunkhouse buildings (mobile homes) of 4.87 m (16 feet) by 21.9 (72 feet) to accommodate a total of sixteen (16) seasonal farm labourers in two mobile home 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 April 7th regular Council agenda. At the time of writing this report, no public comments have been received regarding this application. Staff Report DS-18/16 1841449 Ont Inc. Page 2 ATTACHMENTS 1. Application for Minor Variance A-03/16 2. IBI Memorandum dated March 30, 2016 3. Draft Development Agreement RECOMMENDATION 1. "THAT the Committee of Adjustment Secretary-Treasurer's report DS-18/16 regarding the 1841449 Ontario Inc. 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-03/16 submitted by 1841449 Ontario Inc., pursuant to Section 45 of the Plannin_q 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 two mobile homes as supplementary farm dwellings on an agricultural lot identified as 6978 Plank Road 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 30 days of minor variance approval. Respectfully Submitted by: Reviewed by: .Y7/17( Margaret`Underhill aul Secretary/Treasurer Committee of Adjustment CAO A .$AY File No. C. •3 /it`; 044.orlr �� Ap,�ity �{ 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 e /(/ Y / b) Mailing Address } s j7/t4:_.7 k- r e,4 . ;{�,.� ,442d f4 ✓ ( (e. (-)1.1 lt( 0 ..i 1 (76 c) Telephone No. Home: 5 l y. tya3 -GfL-.//e Work: d) Fax No. /5-/ ?• � 3 e( 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 /{0r/ # 3`/O/-U Co --00 -/c ?c o _ Date Received: ,�i r Date of Meeting:*r 7/ ' b-30 Application No.: � �� �'j�/(v /"-t�j '.'7. /(p �(y File No.: DI d ,x. k Fee Received: 2000.0 U Committee Decision: '0.9 736, 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 • H.571 54'2 4. Location of Land a) Lot and Plan or Concession No.: C t; ,, • C,.`, T (6i Pic'CIgcj 7 b) Street/911 #&Name: 6 cti zy C/a k 0 ag{ • gear / 5. Nature and extent of relief applied for: /40C.0 _S C fp "1—tM1� (ca t (s+r k `r� ��<<'(/ ' ') a'1 c: i? �'e }u f C_F JJS' , Fs'-' t; f 1 -- ^too 3644, , 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? u -1 ''o.515e �r_ -� ;, ca Of? f'''F-c^_::�_.r `L i"i �/10( CL,yr,c;c.,,: c ; ( _ 7. Dimensions of the land affected: a) Frontage(m) b) Depth (m) 6,9 ,e 1 77 c .t C, ( pIS7 ite6661 � c) Area(sq.m/ R r 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 2-- h��, � (y0 X /00) Otic( / b ar/7 �(30 Y 30) e7/16/ •S//-1e,// b) Proposed n r,c 6 ,,. k .r % e-1-- ( r� 9. Date of acquisition of subject land: 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: /96' T- Existing-us-e of-tire subject property /017d. 12. Length of time and existing uses to the subject property have continued: /967` 13. Existing uses of abutting properties: a) North E rr / ru - b) East E c. c) South 4 0,„„ til 14. Services available(check appropriate space(s)) a) Method of Water Supply(if applicable) Public Water Supply System 0 Private Individual Well 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 Public Sanitary Sewer System ❑ Other(please specify) 15. Present Official Plan designation: r/Ci</Ai(' § �i i C/r , t,1 a7/1 16. Present Zoning Bylaw classification: U 1 / Cu ✓� � /� ���� ��C"�"E'' Ler?1/7- Mcri/it-e?5 t" 17. Has the owner previously applied for a mino variance in respect to the subject property? Sec- `�� a) Yes tSC 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 C7/- / STATUTORY DECLARATION I/we, �/ t- ick. of the Name-of-Ap-plicant(s) 7.7,7672/C tpeddO' F O` ,71 in the �l.2Lr/% UT � iv7 Cit Municipality,yTown Tbwnshi (County/District/Re ion � Y, p) 9 ) I / 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 asloRma 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 ./'/A V I-1-e a lz /Aar/fy k 4//1 • 7/re (Uf/7c' oa/70/7 . ,7776T)/f'7/C/ir'?�'a X4' ° vv,/7641) (City,ivlunicipaidy,Town,Township ) Signature of Applicant or Authorized Agent* ,/ ) in the Ct J/]` el— / /t`'7 ) 1X ;� `v (County/District/Regioni! ) •;p e c_ DickSignatu f Applicant this , day of �`'filllr't" , 20/(O . ) ) Signature of Applicant ✓ f 4 /Jfl / L- l A Commissioner, etc. ) MARGARET Uetc.NDERHILL,a Commissioner, Deputy Clerk of the Corporation of the * If authorized agent, a letter of authorization from Municipality of Bayhatn. the owner of the property must accompany this application. 11/03/2015 Minor Variance 2015 , ,i. ,,•,,,,,-1, „,„, s,,,,,.:. ,_ ,., • , N. ,,,• i . . ./' . . . I • ,,,, , . :•:...: , . . ;_ ..._. , , ,,,..„.... , 1 , . , . . .,, . 1 % ;:, ,i,,,-. ,....g . . , :..,.,. . i., - I ,,. .se(4. .-. f . NI.-...__ . , ! ., . . / ......a,...-'` / 1 I ....................._____, , Y ...i. I , . . .., , ,.....) .. , ,............„... „ ......, .... _.___ .. , . , ,..., . .. . s--",,"., •i - ,,,' , . . -,. W a) Need: I grow asparagus,cucumbers and peppers, where I need families that come from Mexico to help me pick these crops. I need them from April till November and them can not find housing for 8 months. They return back to Mexico in November. b) Existing dwelling: because of the many acres of vegtables I grow I need numerous families so I don't have houses to accomidate them. c) Location: my proposal is to keep the trailers close to the barn and in the existing yard so to not take away from farm land. d) Size and type: my plan is to purchase 2 mobile homes that will be 14 to 16 feet wide and 72 feet in length. e) Services: I am putting in sand point for potable water for these 2 trailers and to get it tested before each year when the family come to live there. My plan is to put septic tanks and weeping beds in for these trailers f) Vehicular access: I am using the existing driveway off of Plank Rd for these trailers. IBI GROUP 11 ■ B i 203-350 Oxford Street West London ON N6H 1T3 Canada tel 519 472 7328 fax 519 472 9354 1 ibigroup.com Memorandum To/Attention Municipality of Bayham Date March 30, 2016 From William Pol, MCIP, RPP Project No 3404-619 cc file Subject 1841449 Ontario Inc.(Dyck)-Application for Minor Variance to Zoning By-law#Z456-2003 Concession 4 Part Lot 16, 6978 Plank Road 1. We have completed our review of Minor Variance application A-03/16, submitted by Peter Dyck (1841449 Ontario Inc.) for lands located at 6978 Plank Road, east side between Calton Line and Light Line. The applicant is requesting a variance to Zoning By-law#Z456- 2003 to accommodate the construction of two trailer buildings (supplementary farm dwelling) to two families of seasonal farm labourers, in addition to the existing dwelling on the property. 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) 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 20 ha (49.5 acres). 2. The subject lands have lot frontage of 392.8 m (1288.7t)and area of 19.4 ha (47.9 acres). The lands are a vegetable and cash crop farming operation. The property includes an existing farm dwelling, one barn 40 feet x 100 feet; one barn 30 feet x 30 feet; and a shed 12 feet x 18 feet. The farm includes growing, harvesting, processing and packaging of vegetables grown on site. Services to the property include private on site well and private tile field septic system. The proposal is to bring two trailers 72 feet x 16 feet onto the site located near the house for temporary accommodation of seasonal farm labour. 3. The existing lot area in the Al zone is less than the minimum requirement of 20 ha. A variance is appropriate to recognize the reduced lot area of 19.4 ha instead of the required 20 ha. The Committee may pass a resolution that the additional lot area variance does not require further notice and that it fulfills the four tests for the variance: it is minor; it conforms to the intent and purpose of the Official Plan; it complies with the intent and purpose of the zoning by-law; and is appropriate for the development of the lot. We have no objection to recognizing the reduced lot area in the A-1 Zone applicable to this site. 4. 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 trailers to accommodate two families, 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 is not sufficient to accommodate the seasonal off shore labourers for two families. 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 30,2016 iii. Location: The proposed location of the new bunkhouse is in proximity to the existing bunkhouse and farm dwelling and is not suitable for a future severance. There will be no impact on surrounding agricultural land uses. iv. Size and Type: The proposed size of the trailers is bunkhouse is 107 m2 (1172 sq.ft.) in a one storey dwelling. Combined the two trailers will be 214 m2 (2344 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 two trailers will have a separate well and a new septic field for the trailers. The applicant shall provide confirmation that the septic system capacity and the proposed well are sufficient for the additional trailers. vi. Vehicular Access: The proposed trailers will not require an additional entrance to the farm. The trailers are proposed to be located 60 m (200 feet) from Plank Road. 5. 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. 6. The intended use for accessory living quarters as defined in the zoning bylaw 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 two trailer buildings. 7. Based on our review we would have no objection to the requested minor variance to permit two trailers as accessory living quarters for a maximum of 16 seasonal farm labourers on the property and to recognize the reduced lot area of 19.4 ha where the following conditions have been fulfilled: i. The owner enter into an agreement with the Municipality for the removal of both trailer buildings from the property no more than 6 months after the existing vegetable 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 both the existing dwelling and proposed trailers. William Pol IBI GROUP William Pol, MCIP, RPP Affiliate IBI Group Consulting Planner to the Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2016- 026 A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN 1841449 ONTARIO INC. AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 11 of the Municipal Act, 2001, R.S.O. 2001, c. 25 as amended provides that a lower tier municipality may pass by-laws respecting structures, including fences and signs; AND WHEREAS Section 45(9.1)of the Planning Act, R.S.O. 1990 c P.3 as amended provides in part that a Committee of Adjustment that imposes terms and conditions under subsection (9), may also require the owner of the land to enter into one or more agreements with the municipality dealing with some or all of the terms and conditions; AND WHEREAS 1841449 Ontario Inc. is the owner of lands in Lot 16 & 17 Concession 4, known municipally as 6978 Plank Road, in the Municipality of Bayham, County of Elgin; AND WHEREAS the Municipality of Bayham Committee of Adjustment has granted the minor variance Application A-03/16, including the condition that the owners execute a development agreement for the supplementary farm dwellings as per policies of Section 2.1.10 the Official Plan; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized and directed to execute the Development Agreement with 1841449 Ontario Inc.affixed hereto and forming part of this By- law and marked as Schedule "A". READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 7th DAY OF APRIL 2016. MAYOR CLERK 1 SCHEDULE 'A' TO BY-LAW 2016 -026 DEVELOPMENT AGREEMENT BETWEEN 1841449 ONTARIO INC. AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR LANDS LOCATED AT 6978 Plank Road, Lot 16 & 17 Concession 4 Municipality of Bayham, County of Elgin 2 THIS DEVELOPMENT AGREEMENT made in duplicate this 7th day of April 2016. BETWEEN: 1841449 ONTARIO INC. 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 Lot 16& 17, Concession 4, more particularly described in Attachment "A" attached hereto (and hereafter referred to as the "Lands"); AND WHEREAS the Owner intends to locate two (2) additional supplementary farm dwellings (mobile homes) 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 the mobile homes 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 two(2)mobile homes to house up to sixteen(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 mobile homes from the property should they 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 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 mobile homes, both deemed as supplementary farm dwellings on the Lands,to be occupied by any persons between the period of December 1St and March 31st 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 both mobile homes; 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 County of Elgin, 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 any time,enter on the premises of the Owner to inspect the mobile homes for the purposes of ensuring public health and safety, in specific regards to condition of the mobile homes; 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 opinion as to whether the maintenance is satisfactory, by resolution,which shall constitute a final determination of the matter. 4 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. 5 IN WITNESS WHEREOF, the Parties hereto have hereupon, affixed their Corporate Seal, duly attested to by their authorized signing officers in that behalf. We have the authority to bind the Corporation. Witness (signature) 1841449 Ontario Inc., Owner THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Paul Ens, MAYOR Paul Shipway, CLERK 1 ATTACHMENT'A' Roll #3401-000-002-16200 Legal Description: Concession 4, Lots 16 & 17, Municipality of Bayham, County of Elgin Municipal Address: 6978 Plank Road PIN# • 1 \ , . , • 1,,'-^,,-„r• - • "' P.'"/"-- t,,,,..0,...„,i• i, _................. ...._ . .,_.______ _ ..,... . ..... ,.,.... . .. _ ... .. . .. Q .... , ......„. ..... ac-, .,. ___. .. .,... . ,, ......, ., ........,„,,,, .„,..,.,..........._........,___. \.....; ,,,,.. ,., , .,.._., -.. .. - i i a 1 1 1 i ..- r,•..)0,'-:- r‘ , 1, . ! i ! ...) i 1 •.-.............-......................, ..... / 1 / / i / 1/ ' ...I 1 1 ./.,.,-' \ ........, 4 1 , 1 , 1 / . I I . i 1 i . 1 , / ( .. ! i r ! I P-r i Diti)e.. tor, ! ,..,., , ...___......._........,._..............,..........____........ iNNY1-1414 REPORT _ DEVELOPMENT SERVICES poi'tunity Isco TO: Mayor & Members of Council FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment DATE: April 7, 2016 REPORT: DS-19/16 FILE NO. C-07 / D12.Voge Roll # 34-01-000-002-13810 SUBJECT: Committee of Adjustment - Minor Variance—A-07116 Vogelsang BACKGROUND: Dieter and Joanne Vogelsang have submitted a minor variance application for their 0.66 hectare (1.6 acres) property located on the north side of Light Line, east of Bogus Road, known municipally as 55256 Light Line. The property is designated "Residential and Open Space on Schedule "C" Vienna Land Use and Constraints in the Official Plan and zoned Village Residential (R1) in the Bayham Zoning By-law Z456-2003. The purpose of the variance is to grant relief from the Village Residential (R1) Zone Regulations for Accessory Buildings, Section 10.11 b) Maximum height 4.5 m (14.8 feet); and c), Maximum floor area 65 m2 for a 6,600 m2 (2.47 acres) property located on the north side of Light Line, east of Bogus Road known as 55256 Light Line. The effect of the variance will be to allow the construction of an oversized accessory building with an area of 204.4 m2 (13.41 m x 15.24 m) (2200 sq. ft. and 44 feet by 50 feet) and a height of 5.5m (18ft) to be used for storage and as a personal workshop. 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 will be outlined in the planner's memorandum (pending April 4/16). At the time of writing this report, no public comments have been received regarding this application. Staff Report DS-19/16 Vogelsang Page 2 ATTACHMENTS 1. Application for Minor Variance A-07/16 2. IBI Memorandum — PENDING April 4/16 3. Aerial Map RECOMMENDATION 1. "THAT the Committee of Adjustment Secretary-Treasurer's report DS-19/16 regarding the VOGELSANG 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 variances are considered minor; 3. THEREFORE application A-07/16 submitted by Dieter and Joanne Vogelsang pursuant to Section 45 of the Planning Act for minor variance, is granted to allow relief from: • Section 10 Village Residential (R1) Zone Subsection 10.11 b) Maximum Height—to permit an Accessory Building height of 5.5 metres where 4.5 metres is the maximum height permitted, and; • Subsection 10.11 c) Maximum Floor Area -to permit a total Accessory Building area of 204.4 m2 whereas the maximum permitted accessory building floor area is 65.0 m2 for a property with 0.66 hectares (1.6 acres) known municipally as 55256 Light Line, Vienna. Respectfully Submitted by: Reviewed by: /77 / // 4/7/e°,/j/z V, r, Margaret nderhill r ul .€•,� Secretary/Treasurer Committee of Adjustment CAO BAYS File No. A -- 07// tP Nab.- APPLICATION FOR ppfi+'h[nity i5 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 Plann ng 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$2000.00 in cash or cheque made payable to the Municipality of Bayham. 1. OWNER(S) a) Name �1 [ ? :TO r(\ tt.j � t C� I�LSf1fJC, b) Mailing Address 5<�_Stz. __L I_G_Hi_ L .ip•1L c) Telephone No. Homes jq _ (0 Work: 5 M, _5"sq _.C.ito d) Fax No. .10 NI er .90a o t - C., 2. SOLICITOR/AUTHORIZED AGENT a) Name b) Mailing Address c) Telephone No. Home: Work: d) Fax No. Send correspondence to: Owner(s) Solicitor/Authorized Agent FOR OFFICE USE ONLY Rcpt\ s 0j -- cc)- Cab -- t •-•- c& 0 Applicaion No.: 4-0-7//6"f/6 Date Received: May-aa--/6 Date of Meeting: _s File No..Dig, \fOG Fee Received: erti Committee Decision: 9 a- 5-a-'I 11/03/2015 Minor Variance 2015 Municipality of Bayham Aoplicat on!or Minor Variance Page 2 3. Names and address of any mortgages, holders and charges or other encumbrances: Name Address 4. Location of 'Land a) Lot and Plan or Concession No: C Q i t-1 s P P b) Street/911 # & \lame: aS L '�� j Pa 5. Nature and extent of re:ief applied for: c c1f75.'GzcX i/ � r ►�simnp / roebu ��-A 6 .1n ( 'x5o /9 13, 1 :a rm tceti 4 •- ,Nry\ 10.II h) i' (nCisa'hurv: 116SM- ec_ ntf' s ;v, r//�4.,ire,/ 'Re 1 i -t-C(iyv\ & - ciir\ 10,AI ef) Maxim um Flcoot=Ost'ece.. -'c fer_rvi i - (969. 91 t :4- 0.4teve (l5;111). NOTE: ,n the case of a Supp.ementary farm crwellina a Deveopment Agreement is required. /.$ zl// .ie 6. W1chy is it not possible to comply with the pir-ov'sion` "\-"k"s of the 1By-law? 1L Cf n � \ S c��E' (�'x � rl Ori L "C t t CGY)Te t� 7. Cimensions of the land affected: a) ro .age (m) _0_ 1 (p _�. b) Depth (m) 1 � { ) a . 7 trv-, . c) Aren (sq.m /ha) kec re 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.) Existing f a) xi in ~ `�5�--_�_ r L.. ) J c-vv r lriP_ (CI xaL4 -c Ai) x t . b-C_9e0, b) ?r000sed �Ye/ - 30 el /t YGt;ICO m e,"h,L- 9. Cate of acquisition of subject land: _� o'av L( ". A/ 11/03/2015 Minor Variance 2015 Municipality of Bayham Applicat on'or Minor V:oriance Page 3 10. Cate of construction of all buildings and structures on subject lands: FT) 1q q -i-ached Go(9 moo 11. Existing uses of the subject property: S 12. Length of time and existing uses to the subjecproperty have continued: i(Ci 3 , 13. Existing uses of abutting properties: a) North c i cut,' r'Cx—( . b) Sas; c) Sou:n f' e �N i � 'i f `t i �t � , d) Vie .: 14. Services av•a fable (check appropriate space(s a) 'Method of Water Supply (i`applicaole) Pub'c Water Supply System P; sate Inc vidual Wel Private Communal WeL Other (please specify; b) Method of Sanitary Waste Disposal (if ac:o;cable Private Septic Tank and _ Private Communal System Tie 'meld System Put..c San :ary Sewer System ❑ O'her (please specify; n 1 15. Present Official Plan designation: }Co�iL3-e ►c21 �era rd Lek(ICJ SO 6-)S . S. Present Zonng Bylaw classification: \/ li cL9_c den41' i (l� t 1 LI`" f?C4� (Reel. 1-► i` 17. Pas the owner previously applied for a minor v:.r:ance 'n respect to the subject property? a) Yes = No If Yes, descrte brief y: 18. Is the subject property the subject of a current app ication of consent/severance? Yes No 11/03/2015 Minor Variance 2015 . / r r,. STATJTORY DECLARATION __ .1 t I/We, i E 1 a J l"? x) to e J c EL-5 rl,0 6 of the Name of App:icant(s, n►-NCA LSA kEt.; in th (City, vlun cipality, Town. -township) cur;y/Dia cJRegion) SOLEMNLY DECLARE I AFFIRM THAT to the best of my/oL.r knowledge and belief, all of the informat or, exh`bits and statements prov cied in the appilcat;on as required under Section 45 of the Planning Act R.S.O. 1990 and Ontero Regc. axion 2001 96 as amended are true; THAT I/VVe shall assume responsibility for any adcitional costs exceeding the deposited amount related to the sad application and understand an: agree that payment of said additional costs shall be a cond't cn of this signed application I/VU_ also n:aree to accept all costs as rendered; AND ' make th s solemn Declaration conso ent oc,,3ly bel-evinc it to be true, and knowing that it is of tie same force and affect as if made _.nder by v r;ue of the "Canada Evidence Act". DECLARED before me at the 0,71)4Y-. Municip_:I ty, Town Township S cnc re o'Apulicant or Authorized Agent* in the Cau'rrs 6/4 (County/D(hot/Regioi0 Si:nature of Apilican: /- this o9 day cf / /�c�if` 20/car Sicn:tune of Applicant A Cgrrmissioner, MARGARET UNDERHILL,a Cammissionery ate. * a.;tno zed agent a letter of authorization from Deputy Clerk of the Corporation of the tr ce\ne c`the crope`ty must accompany this Municipality ofBaykam. a_a;nc t o 11/03/2015 Minor Variance 2015 ...--- ....,' ,,- ....-'e '..e, -,-,- -,- (6 ,,,,e-'-'-'' 0 \0 ------- ,----- ,,----- ....., . „...,....„, .,.., .„....- „,- _,,.. ,,,------ ,...,_ ....„ „..., ..---- i , i„. , . s A .• 1 '.”' . 1 . . I . , , I , ..._ ,_......... .......,.. _._ A, 1 r 1 1 I 1 1 I I I C . I i c...:-.1.3 ; 1 k ' 1 1 . - 1 j , i ( 1,01 =1- 1 1 .... i i - i/ i -'")..../ )t, —I i .1 .• t- 142 ....„) I I 1 . 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MIN.SOIL BEARING CAPACITY-]S kN 7 17 b II g 36'.7• I g'.0` I FRONT ELEVATION SCALE:3/16"=1'-D" Rwislom ay: Date. !MUD FOR PRELIMINARY REVIEW 111 MARCH/16 ISSUED FOR PERMIT&CONSTRUCTION TN MARCH 38/16 revlew and take responsibilityforthe design work an behalf GIN firm registered under subsection 3.2A of Division C.GM.Building code.1 am qualified and the firm H registered Intim appropriate classes/otegodes. / T.NAMM DESIGN AND DRAFTING SERVICE 45374 232)5 Travis Hamm B.C.I.N. T Hamm Design&Drafting Service Residential and Small BMldmg Design 2206th Concession 1 R.R.x 1 Walsingham,Ontexo N NOD 300 F� /A, Te1:19-5gG344N �\ Emall:th.drtingL9hotmall.wm '� D&J Vogelsang / b 55256 Light Line m Vienna,Ontario • \ /A -- STORAGE GARAGE / _ _ Elevations - MALL 3/16'.1•-O• DATE. Febmew2016 IAB DIAGONAL WINO BRACING DRAWING DY: TH A4 RIGHT ELEVATION DESIGNED.. TH CHEMED NY: TN SCALE:3/16"=1'•D" PROJECT NM 2016.0 IBI GROUP I B 203-350 Oxford Street West aLondon ON N6H 1T3 Canada tel 519 472 7328 fax 519 472 9354 [ ibigroup.com Memorandum To/Attention Municipality of Bayham Date April 4, 2016 From William Pol, MCIP, RPP Project No 3404 -620 cc file Subject Dieter and Joanne Vogelsang -Application for Minor Variance to Zoning By-law#Z456-2003 South Pt. Lot 14, Con 5, 55256 Light Line 1. We have completed our review of Minor Variance application A-07/16, submitted by Dieter and Joanne Vogelsang located at 55256 Light Line, north side, east of Bogus 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 204.4 m2 (2200 sq.ft.)with a height of 5.5 m (18 feet). A variance is required because the maximum area of an accessory building is 65.0 m2(699.6 sq.ft.)and the maximum height is 4.5 m (14.7 feet). The subject lands are designated Residential and Open Space on Schedule "C" Vienna Land Use and Constraints in the Official Plan. The lands are zoned Village Residential(R1) in Zoning By-law#Z456-2003. The permitted uses include Single detached dwelling, Home Occupation, Accessory buildings and structures to the permitted uses. 2. The subject lands have lot frontage of 66.1 m (217 feet), lot depth of 112.7 m (370 feet) for an area of approximately 0.66 ha (1.6 acres). The lot appears to be flat with no constraints to construction of the accessory building. The proposed accessory building is located 3.0 m (10 feet) from westerly property lot line, 10.0 m (33 feet) west of the main dwelling and has the same front yard setback as the existing dwelling from Light Line. The surrounding land uses are: west— cemetery; north — agriculture; east - single detached dwelling; and south agriculture. 3. 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 accessory building is intended for the storage of personal equipment. It will be in addition to an existing three bay garage. The existing garage of 200 m2(2160 sq.ft) is considered part of the main building because it is attached through a breezeway and is therefore not considered an accessory building as per the Accessory Use regulations 4.2 i). The requested variance is an increase from 65 m2 to 204.4 m2 to accommodate the personal recreational and maintenance equipment by the lot owner. The area of the accessory building represents 3.1%of the total lot area which is less than the 10% maximum permitted by the By-law. The increase in height is 1.0 m to 5.5 m and considered minor in relation to no height limit in the Village Residential (R1)zone. The variance is 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—April 4,2016 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 lot because it will not impact surrounding land uses and does not detract from the main use of the lot for residential purposes. There are other accessory uses with the same building area and height in Residential Zones the Municipality. The height of the proposed building is acceptable for the development of the lot and will not create unacceptable adverse impacts on any of the surrounding properties. iii. Does the variance maintain the general intent and purpose of the Zoning Bylaw? The requested variances maintain the intent of the Zoning By-law because the scale and form of the accessory building is appropriate and desirable for the use of the lot. The existing garage us part of the main building and therefore not an accessory building. The intended use is accessory to the main residential use of the lot in the Village Residential (R1) zone. iv. Does the variance 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 buildings. The intent of the Official Plan is maintained because the building area and height will not impact the existing or future use of the site or surrounding lands for residential purposes. 4. Based on our review of this application we have no objection to approval of minor variances to Zoning By-law#Z456-2003 to permit the construction of an accessory building of 204.4 m2 (2200 sq.ft.) with a maximum height of 5.5 m (18 feet)for the subject property, provided the building is used for storage of personal equipment of the owner. William Pol IBI GROUP William Pol, MCIP, RPP Affiliate IBI Group Consulting Planner to the Municipality of Bayham P ELGIN MAPPING . ,� 1 .4 ---__ `7 G d. G7 w Legend a I- Lagoons ; � . E91 1 . � ,: 0Parcels ' — Ar Highwa '"' World terial ys Street Map Y. 3 55233 5256 ii i' C ,K,,,,,,,,„,,,,,,,,,_ 55290 r ' 55233 -'. 553 04, 55318 55336 1:2,2564120 Notes 0.1 Kilometers 0.06 0.1 ? This map is a geeated ut m mg nis reference only.user Datanlayersrthatstatic appearoutpon this mapan may or may not be accurate WGS_1984_Web_Mercator_Auxiliary_Sphere ©Latitude Geographics Group Ltd. curreInternetnt,or otherwiseareliable.dfor, THIS MAP IS NOTfroTO BE USED FORappinNAVIGATION