HomeMy WebLinkAboutMarch 16, 2023 - Planning - Committee of AdjustmentTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COMMITTEE OF ADJUSTMENT AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, March 16, 2023 6:45 p.m.
A. Minor Variance Application A-01/23 Blatz, G B. Minor Variance Application A-02/23 Froese, J & S The March 16, 2023 Committee of Adjustment Meeting will allow for a hybrid meeting function – you may attend in person or virtually through the live-stream on the Municipality of Bayham’s YouTube Channel: https://www.youtube.com/channel/UCpY8wjivr1zSsi0tvbgtUrg 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
3. APPLICATION
A. Minor Variance Application A-01/23 Blatz – 12 Elizabeth Street, Grace Court Mobile Home Park re Mobile Home Placement THE PURPOSE of this variance is to grant relief from Section 12.7 Minimum Front Yard
Depth and 12.9 Minimum Rear Yard Depth in the Mobile Home Park (MH-3) zone, to
permit, for the mobile home site known as Lot 15, front yard depth of 3.7 m (12.1 ft.)
whereas 6.0 m (19.7 ft.) is the permitted minimum and to permit rear yard depth of 2.0 m
(6.56 ft.) whereas 6.0 m is the permitted minimum for a mobile home site. The lands are
located at Grace Court Mobile Home Park at 12 Elizabeth Street, west side of Grace
Court, south of Wellington Street in the village of Port Burwell.
THE EFFECT of this variance is to permit reduced front yard and rear yard depth to
accommodate a mobile home that exceeds the available lot depth to accommodate
required setbacks on a specific vacant mobile home site identified as Lot 15.
B. Minor Variance Application A-02/23 Froese – 55210/55248 Maple Grove Line re Supplementary Farm Dwelling
THE PURPOSE of the variance is to permit the placement of one temporary/portable trailer on the subject lands for the purpose of supplementary farm dwelling
accommodations. The subject lands are located at 55210 Maple Grove Line, north side, west of Sandytown Road. THE EFFECT of this variance will be to allow the permitted use of a supplementary farm dwelling in accordance to the Supplementary Farm Dwelling policies of the Bayham Official Plan, in the form of one trailer with maximum floor area of 58.5 m2 (630 ft2) and to accommodate maximum five (5) seasonal temporary workers on the subject lands.
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Statutory Planning Agenda – Committee of Adjustment March 16, 2023
4. STAFF PRESENTATION
A. Report DS-14/23 by Margaret Underhill, Secretary/Treasurer re Committee of Adjustment Minor Variance A-01/23 Blatz, 12 Elizabeth Street, Grace Court Mobile Home Park, Port Burwell B. Report DS-15/23 by Margaret Underhill, Secretary/Treasurer re Committee of Adjustment Minor Variance A-02/23 Froese, 55210/55248 Maple Grove Line 5. PRESENTATIONS BY APPLICANT/AGENT 6. PUBLIC SUBMISSIONS 7. COMMITTEE QUESTIONS AND DISCUSSION 8. DECISION OF COMMITTEE (Motions) 9. ADJOURNMENT
A-01/23
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: GERHARD BLATZ
LOCATION: MOBILE HOME LOT 15, 12 ELIZABETH
STREET, PORT BURWELL
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-01/23).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, March 16th, 2023 at 6:45 p.m. in the Municipal Council Chambers, 56169 Heritage Line in Straffordville to consider a proposed Minor Variance to the Municipality of Bayham Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT.
THE PURPOSE of this variance is to grant relief from Section 12.7 Minimum Front Yard Depth and 12.9 Minimum Rear Yard Depth in the Mobile Home Park (MH-3) zone, to permit, for the
mobile home site known as Lot 15, front yard depth of 3.7 m (12.1 ft) whereas 6.0 m (19.7 ft) is the permitted minimum and to permit rear yard depth of 2.0 m (6.56 ft) whereas 6.0 m is the permitted minimum for a mobile home site. The lands are located at Grace Court Mobile Home Park at 12 Elizabeth Street, west side of Grace Court, south of Wellington Street in the village of Port Burwell.
THE EFFECT of this variance is to permit reduced front yard and rear yard depth to accommodate a mobile home that exceeds the available lot depth to accommodate required setbacks on a specific vacant mobile home site identified as Lot 15.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. Please be advised that equal consideration is given to all written and oral presentations provided prior to or at the public meeting. When possible, please consider utilizing written correspondence to be submitted
to the undersigned by 3:00 pm on March 9, 2023 to be included in the meeting Agenda.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make
written submissions to the Municipality of Bayham before the minor variance is granted, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Land Tribunal.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the minor variance is granted, the person or public body may not be added as a party to the hearing of an appeal before the Ontario
Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.
IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a
written request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained at the Municipal Office.
Dated at the Municipality of Bayham this
3rd day of March 2023.
Margaret Underhill
Planning Coordinator/Deputy Clerk
Municipality of Bayham
56169 Heritage Line, P.O. Box 160
Straffordville, ON, N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
E: munderhill@bayham.on.ca
W: www.bayham.on.ca
A-02/23
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: JESSE AND SARAH FROESE
LOCATION: 55210 MAPLE GROVE LINE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-02/23).
TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of
Bayham will hold a public meeting on Thursday, March 16th, 2023 at 6:45 pm. in the Municipal Council Chambers, 56169 Heritage Line in Straffordville to consider a proposed Minor Variance to Municipality of Bayham Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT.
THE PURPOSE of the variance is to permit the placement of one temporary/portable trailer on
the subject lands for the purpose of supplementary farm dwelling accommodations. The subject lands are located at 55210 Maple Grove Line, north side, west of Sandytown Road.
THE EFFECT of this variance will be to allow the permitted use of a supplementary farm dwelling in accordance to the Supplementary Farm Dwelling policies of the Bayham Official Plan, in the form of one trailer with maximum floor area of 58.5 m2 (630 ft2) and to accommodate maximum
five (5) seasonal temporary workers on the subject lands.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in
support of or in opposition to the proposed amendment. Please be advised that equal consideration is given to all written and oral presentations provided prior to or at the public meeting. When possible, please consider utilizing written correspondence to be submitted
to the undersigned by 3:00 pm on March 9, 2023 to be included in the meeting Agenda.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the minor variance is granted, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Land Tribunal.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the minor variance is granted, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.
IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained at the Municipal Office.
DATED at the Municipality of Bayham
this 3rd day of March 2023.
Margaret Underhill
Planning Coordinator/Deputy Clerk
Municipality of Bayham
56169 Heritage Line, P.O. Box 160
Straffordville, ON, N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
E: munderhill@bayham.on.ca
W: www.bayham.on.ca
REPORT
DEVELOPMENT SERVICES
TO: Committee of Adjustment Members
FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment
DATE: March 16, 2023
REPORT: DS-14/23 FILE NO. C-07 / D12.BLATZ
Roll # 34-01-002-001-00502 SUBJECT: Committee of Adjustment Minor Variance A-01/23 Blatz, G
12 Elizabeth Street, Grace Court Mobile Home Park, Port Burwell
BACKGROUND: George Blatz has submitted a minor variance application for his property located at 12 Elizabeth Street, Grace Court Mobile Home Park, Port Burwell. The property is designated “Residential”
and “Hazard Lands” on Schedule ‘D’ Port Burwell: Land Use and Constraints of the Official Plan and zoned as Mobile Home Park (MH-3) on Schedule “I” Port Burwell of the Zoning By-law No. Z456-2003.
The purpose of this variance is to grant relief from Section 12.7 Minimum Front Yard Depth and 12.9 Minimum Rear Yard Depth in the Mobile Home Park (MH-3) zone, to permit, for the mobile
home site known as Lot 15, front yard depth of 3.7 m (12.1 ft.) whereas 6.0 m (19.7 ft.) is the permitted minimum and to permit rear yard depth of 2.0 m (6.56 ft.) whereas 6.0 m is the permitted minimum for a mobile home site. The lands are located at Grace Court Mobile Home Park at 12 Elizabeth Street, west side of Grace Court, south of Wellington Street in the village of Port Burwell. The effect of this variance is to permit reduced front yard and rear yard depth to accommodate a mobile home that exceeds the available lot depth to accommodate required setbacks on a specific vacant mobile home site identified as Lot 15. No public comments received at the time of writing this Report.
DISCUSSION: The Committee of Adjustment must be satisfied that the application meets the four “tests” of Planning Act Section 45. (1) for a minor variance to the Zoning By-law. The planner’s
memorandum dated February 27, 2023 outlines the full analysis of the four “tests” and the variance required for compliance.
It is noted in the proposal that there are five (5) parking spaces currently in place on Lot 15. These spaces shall remain and be maintained by the owner so that they are available as overflow parking for the park residents. Long Point Region Conservation Authority (LPRCA) submitted correspondence dated March 9,
Staff Report DS-14/23 Blatz Page 2
2023 regarding their involvement in the development. The park owner is required to seek permission and permit from the LPRCA office prior to the development at this site due to the location of the entire park within the LPRCA regulated area. Staff and planner concur the application meets the criteria and recommends the minor variance to accommodate the placement of a mobile home trailer on Lot 15 at the Grace Court Mobile
Home Park.
ATTACHMENTS
1. Application for Minor Variance A-01/23 Blatz 2. LPRCA – correspondence, dated March 9, 2023 3. IBI Memorandum, dated February 27, 2023
RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s report DS-14/23 regarding the Blatz minor variance be received;
AND THAT the Committee of Adjustment considered all written and oral submissions received on this application, the effect of which helped the committee to make an informed decision;
AND WHEREAS the Committee agrees that the proposed variance as presented meets Section 45.1(1) of the Planning Act and is considered minor;
THEREFORE application A-01/23 by George Blatz pursuant to Section 45 of the Planning Act for a minor variance, is granted to allow relief from Municipality of Bayham Zoning By-law No. Z456-2003:
• Section 12.7 Minimum Front Yard Depth to permit a front yard depth of 3.7 metres (12.1 ft.) whereas 6.0 metres (19.7 ft.) is the permitted minimum, and;
• Section 12.9 Rear Yard Depth to permit a rear yard depth of 2.0 metres (6.56 ft.) whereas 6.0 metres is the permitted minimum for a mobile home site.
Subject to: 1. the owner maintain a minimum five (5) visitor parking spaces for the mobile home park on the north side of Lot 15
2. That the owner obtain permission from the LPRCA for development permission within a Regulated Area.
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC
Secretary/Treasurer Committee of Adjustment CAO|Clerk
IBI Group Professional Services (Canada) Inc. is a member of the IBI Group of companies
Memorandum
To/Attention Municipality of Bayham Date February 27, 2023
From Paul Riley Project No 3404 - 887
cc William Pol, MCIP, RPP
Subject G. Blatz - Application for Minor Variance to Zoning By-law Amendment Z456-2003 - 12 Grace Court, Port Burwell
1. We have completed our review of Minor Variance application A-01/23, submitted
by Gerhard Blatz for lands located at 12 Grace Court, Port Burwell. The variance
is to permit relief from Zoning By-law Section 12.7 Minimum Front Yard Depth
and Section 12.9 Rear Yard Depth in the Mobile Home Park (MH) zone, to
permit, for the mobile home site known as Lot 15, front yard depth of 3.7 m (12.1
ft) whereas 6.0 m (19.7 ft) is the permitted minimum and to permit rear yard depth
of 2.0 m (6.56 ft) whereas 6.0 m is the permitted minimum for a mobile home site.
The subject lands are designated Residential and Hazard Lands on Schedule ‘D’
(Port Burwell: Land Use and Constraints) of the Official Plan. Schedule “I” Port
Burwell of the Zoning By-law zones the subject lands site-specific Mobile Home
Park (MH-3) and LPRCA Regulation Limit.
2. The subject lands are a portion of an existing mobile home park and the relief is
requested for the mobile home site, known as Lot 15, which is currently vacant and
has an area of approximately 600 m2 (6,500 ft2). Lot 15 accommodates five (5)
visitor parking spaces for the mobile home park which are provided for on the
applicant sketch. The surrounding uses are residential in all directions and
comprise mobile homes and modular homes.
3. The subject lands are within the LPRCA Regulation Limit as shown on Zoning By-
law Schedule ‘A’ Map No. 12. The LPRCA provided comments on the application
and permission from the LPRCA are required to permit the development. The
owner’s will be required to obtain permit for development within a Regulated Area.
4. Section 45 (1) of the Planning Act outlines the four (4) “tests” with which the
Committee of Adjustment must be satisfied when considering an application for a
Minor Variance to the Zoning By-law, as follows:
IBI GROUP MEMORANDUM
Municipality of Bayham – March 9, 2023
IBI Group Professional Services (Canada) Inc. is a member of the IBI Group of companies
2
Is the variance minor in nature?
Variances are to permit reduced front yard and rear yard depth for one mobile
home site in an existing mobile home park. The proposal is to accommodate an
oversized mobile home with a length of 23 m (75 ft) that exceeds the available lot
depth to accommodate required setbacks due to the configuration of Lot 15.
Locating the mobile home on an angle which accommodated rear yard setback
was less desirable. The lot is vacant and is located on the fully serviced (municipal
water and sewer) settlement area lands. The reduced setbacks are minor in nature.
Is the variance desirable for the use of the lands?
The proposed minor infilling on vacant fully serviced settlement area lands is a
desirable use of the lands. The location on the lot provides for adequate private
outdoor space, driveway and relocated visitor parking. The reduced front setback
is sufficiently removed from the mobile home roadway, Grace Court Park. The
proposed reduced mobile home site yard setbacks to accommodate minor infilling
on vacant and fully serviced lands is minor in nature.
Does the variance maintain the general intent and purpose of the Zoning By-
law?
The intent of mobile home site setbacks is to ensure adequate separation of mobile
homes in mobile home parks and to provide adequate private outdoor amenity area
for the residents and/or to accommodate private water or sewer services where
none exist. The proposed reduced setbacks for a mobile home site with adequate
area for private outdoor amenity in addition to being underutilized serviced
settlement area lands would maintain the general intent of the Zoning By-law.
Does the variance maintain the general intent and purpose of the Official
Plan?
The proposed mobile home is a permitted residential use intended to be located
within an established mobile home park and the intent of residential growth policies
is to accommodate minor infilling in settlement areas with access to municipal
water and sewer services. The proposed variances to permit accommodating a
mobile home on a vacant mobile home site of record maintains the general intent
and purpose of the Official Plan.
5. Based on the above review of Minor Variance application A-01/23, it is our
recommendation that the proposed Minor Variance be approved to permit
minimum front yard setback of 3.7 metres and minimum rear yard setback of 2.0
metres for Lot 15 in the Grace Court Mobile Home Park subject to:
the owner maintaining minimum 5 visitor parking spaces for the mobile
home park on the north side of Lot 15.
IBI GROUP MEMORANDUM
Municipality of Bayham – March 9, 2023
IBI Group Professional Services (Canada) Inc. is a member of the IBI Group of companies
3
That the owner obtain permission from the LPRCA for development
permission within a Regulated Area.
Paul Riley
IBI GROUP
Paul Riley Consulting Planner to the Municipality of Bayham
REPORT
DEVELOPMENT SERVICES
TO: Committee of Adjustment Members
FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment
DATE: March 16, 2023
REPORT: DS-15/23 FILE NO. C-07 / D12.FROESE
Roll # 34-01-000-006-03700 SUBJECT: Committee of Adjustment Minor Variance A-02/23 Froese, J & S
55210 and 55248 Maple Grove Line, Eden
BACKGROUND:
Jesse and Sarah Froese have submitted a minor variance application for their property located
at 55210/55248 Maple Grove Line. The property is designated “Agriculture” and a portion is designated Natural Heritage on Schedule ‘A1’ Municipality of Bayham: Land Use and Constraints and “Hazard Lands” and “Significant Woodlands” on a portion shown on Schedule
‘A2’ of the Official Plan and zoned as Agricultural (A1-A) and northern portions of the subject lands are identified within the LPRCA Regulation Limit on Map No. 5 of the Zoning By-law No. Z456-2003. The purpose of the variance is to permit the placement of one temporary/portable trailer on the subject lands for the purpose of supplementary farm dwelling accommodations. The subject lands are located at 55210/55248 Maple Grove Line, north side, west of Sandytown Road. The effect of this variance will be to allow the permitted use of a supplementary farm dwelling in accordance to the Supplementary Farm Dwelling policies of the Bayham Official Plan, in the form of one trailer with maximum floor area of 58.5 m2 (630 ft2) and to accommodate maximum five (5) seasonal temporary workers on the subject lands. No public comments received at the time of writing this Report.
DISCUSSION:
The Committee of Adjustment must be satisfied that the application meets the four “tests” of Planning Act Section 45. (1) for a minor variance to the Zoning By-law. The planner’s memorandum, dated February 27, 2023, outlines the full analysis of the four “tests” and the
variance required for compliance. Long Point Region Conservation Authority (LPRCA) submitted correspondence dated March 9,
Staff Report DS-14/23 Blatz Page 2
2023 regarding their involvement in the development. The area where the mobile home is placed falls well outside the regulated area and will not be subject to permission from the LPRCA. Staff and planner concur the application meets the criteria and recommends the minor variance to accommodate the placement of a temporary/portable trailer to accommodate a maximum of
five (5) seasonal farm labourers subject to the owner entering into a development agreement with the municipality specifying the time period to use the dwelling is between April 1 and November 30 and to include items such as the time period for removal, buildings and site
maintenance, drinking water and septic services and building permit.
ATTACHMENTS
1. Application for Minor Variance A-02/23 Froese 2. LPRCA – correspondence dated March 9, 2023 3. IBI Memorandum dated February 27, 2023
RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s report DS-15/23 regarding the Froese minor variance be received;
AND THAT the Committee of Adjustment considered all written and oral submissions received on this application, the effect of which helped the committee to make an informed decision;
AND WHEREAS the Committee agrees that the proposed variance as presented meets Section 45.1(1) of the Planning Act and is considered minor;
THEREFORE application A-02/23 by Jesse and Sarah Froese pursuant to Section 45 of the Planning Act for a minor variance, is granted to allow relief from Municipality of
Bayham Zoning By-law No. Z456-2003:
• Section 5.2 Permitted Uses - to permit a maximum of one (1) supplementary farm dwelling in the form of a temporary/portable trailer with a maximum floor area of 58.5 m2 (630 ft2) to accommodate a maximum of five (5) seasonal farm
labourers at 55210/55248 Maple Grove Line subject to the owner/applicant entering into a development agreement with the municipality
Condition: Development Agreement to be executed within six (6) months of the minor variance approval.
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC Secretary/Treasurer Committee of Adjustment CAO|Clerk
Municipality of Bayham March 9, 2023
Elgin County
Attention: Margaret Underhill
To whom it may concern,
Long Point Region Conservation Authority (LPRCA) staff have had an opportunity to review application
A-02-23 and can provide the following comments based on LPRCA’s various plan review responsibilities
for Elgin County’s consideration.
It is staff’s understanding that the submitted application for a minor variance will permit the placement
of one temporary/portable trailer on the subject lands for the purpose of supplementary farm dwelling
accommodations.
Delegated Responsibility from the Ministry of Natural Resources and Forestry, Section 3.1 of the
Provincial Policy Statement, 2020
Conservation Authorities have been delegated responsibilities from the Minister of Natural Resources and
Forestry to represent the provincial interests regarding natural hazards encompassed by Section 3.1 of
the Provincial Policy Statement, 2020 (PPS). The overall intent of Section 3.0 - Protecting Public Health and
Safety of the PPS is to reduce the potential public cost or risk to Ontario’s residents from natural or human-
made hazards. As such, “development shall be directed away from areas of natural or human-made
hazards where there is an unacceptable risk to public health or safety or of property damage, and not
create new or aggravate existing hazards.”
The application is subject to the following subsections of Section 3.1 of the Provincial Policy Statement:
3.1.1 Development shall generally be directed, in accordance with guidance developed by the Province
(as amended from time to time), to areas outside of:
a) hazardous lands adjacent to river, stream and small inland lake systems which are impacted by
flooding hazards and/or erosion hazards;
Staff can advise that the proposed application is consistent with Section 3.1 of the Provincial Policy
Statement, 2020. LPRCA staff have no objection to the concept of this application.
Ontario Regulation 178/06
The subject lands are partially regulated by Long Point Region Conservation Authority under Ontario
Regulation 178/06. Permission from this office is required prior to any development within the regulated
area.
Development is defined as:
• the construction, reconstruction, erection or placing of a building or structure of any kind,
• any change to a building or structure that would have the effect of altering the use or potential
use of the building or structure, increasing the size of the building or structure or increasing the
number of dwelling units in the building or structure,
• site grading, or
• the temporary or permanent placing, dumping or removal of any material, originating on the site
or elsewhere (Conservation Authorities Act, R.S.O. 1990, c. 27, s. 28 (25))
Please feel free to reach out with any further questions related to this matter. Regards,
Aisling Laverty, Resource Planner
Long Point Region Conservation Authority
4 Elm St., Tillsonburg ON N4G 0C4
519-842-4242 ext. 235 | alaverty@lprca.on.ca
IBI Group Professional Services (Canada) Inc. is a member of the IBI Group of companies
Memorandum
To/Attention Municipality of Bayham Date February 27, 2023
From Paul Riley Project No 3404 - 889
cc William Pol, MCIP, RPP
Subject J. and S. Froese - Application for Minor Variance to Zoning By-law Amendment Z456-2003 - 55210 Maple Grove Line
1. We have completed our review of Minor Variance application A-02/23, submitted
by Jesse and Sarah Froese for lands located at 55210 Maple Grove Line. The
variance is to permit supplementary farm dwelling accommodations as a
permitted use for the placement of one temporary/portable trailer on the subject
lands. The subject lands are designated Agriculture and a portion is designated
Natural Heritage on Schedule ‘A1’ (Municipality of Bayham: Land Use and
Constraints) of the Official Plan. Schedule ‘A2’ (Municipality of Bayham:
Constraints) of the Official Plan identifies Hazard Lands and Significant
Woodlands on a portion of the subject lands. Map No. 5 of the Zoning By-law
zones the subject lands Agricultural (A1-A) and northern portions of the subject
lands are identified within the LPRCA Regulation Limit.
2. The subject lands have lot area of 54 ha (133 acres), lot frontage of 335 m (1,100
ft) and lot depth of 1,000 m (3,280 ft). The subject lands are currently occupied by
a single detached dwelling, a vacant dwelling, and several accessory farm
buildings. The natural heritage features identified as constraints are located
approximately 600 m (1,970 ft) to the north (rear) of the proposed dwelling and
farm building cluster where the supplementary farm dwelling is proposed. The
applicant is proposing to place one trailer with floor area maximum of 58.5 m2 (630
ft2) on the subject lands to house up to five (5) seasonal farm workers. The uses
surrounding the subject lands are agricultural with several rural residential lots to
the east, approximately over 400 m (1,312 ft) distant along Sandytown Road, as
well as one rural dwelling lot abutting to the southeast corner. The proposed worker
housing is approximately 230 m (754 ft) from the abutting dwelling and based on
recent aerial photos appears to be screened by a row of trees and the farm building
cluster.
IBI GROUP MEMORANDUM
Municipality of Bayham – February 27, 2023
IBI Group Professional Services (Canada) Inc. is a member of the IBI Group of companies
2
3. Establishment of supplementary farm dwellings will be permitted subject to the following criteria set out in Official Plan Section 2.1.10:
a) Need: The farm needs approximately 15-20 seasonal workers for the
cultivation of vegetables and cash crops.
b) Existing Dwellings: There are no existing dwellings that could be utilized for
labourer housing. The applicant indicates that the old farmhouse is not suitable
for habitation. It is recommended that the old farm house building be
demolished if it is not habitable.
c) Location: The proposed buildings are within the farm building cluster and
screened from the roadway and partially screened to the abutting dwelling, and
there are no sensitive uses in proximity.
d) Size and Type: a temporary trailer with floor area maximum of 58.5 m2 (630 ft2)
is proposed which is within the preferred form and size for supplementary farm
dwellings.
e) Services: The supplementary dwelling will share the existing well water and a
new septic system will be installed for the supplementary dwellings.
Confirmation of adequate quantity and quality of drinking water and adequate
sanitary sewage facilities (septic) is required.
f) Vehicular Access: The existing driveways will be utilized and there will not be
significant increase in traffic based on the number of labourers proposed.
4. Section 45 (1) of the Planning Act outlines the four (4) “tests” with which the
Committee of Adjustment must be satisfied when considering an application for a
Minor Variance to the Zoning By-law, as follows:
Is the variance minor in nature?
Variances are required to permit supplementary farm dwellings in the Municipality
of Bayham Official Plan. The proposed placement of one trailer for supplementary
farm dwelling to accommodate up to five (5) seasonal labourers on the subject
lands to support the farm operation is minor in nature.
Is the variance desirable for the use of the lands?
The farm requires additional labour for production of crops which is common to the
area. There are no sensitive uses in proximity to the proposed supplementary
dwelling and the scale of the dwellings, up to 5 labourers, is appropriate. The use
of temporary structures for the purpose of supplementary farm dwelling in an
agricultural area is a desirable use of the lands.
IBI GROUP MEMORANDUM
Municipality of Bayham – February 27, 2023
IBI Group Professional Services (Canada) Inc. is a member of the IBI Group of companies
3
Does the variance maintain the general intent and purpose of the Zoning By-
law?
Agricultural uses and uses accessory to agricultural uses are permitted within the
Agricultural (A1-A) zoning. The location of the existing buildings and proposed
supplementary farm dwelling are in compliance to the A1-A zoning regulations. It
is therefore our opinion that the proposed Minor Variance meets the general
purpose and intent of the applicable zoning.
Does the variance maintain the general intent and purpose of the Official
Plan?
The proposed variance meets the criteria for supplementary farm dwellings in
Section 2.1.10 as outlined above. The proposed placement of a temporary trailer
for supplementary farm dwelling to accommodate up to 5 seasonal labourers on
the subject lands maintains the general intent and purpose of the Official Plan.
5. Based on the above review of Minor Variance application A-02/23, it is our
recommendation that the proposed Minor Variance be approved to permit a
maximum of one supplementary farm dwelling in the form of temporary/portable
trailer to accommodate a maximum of 5 seasonal farm labourers subject to the
owner/applicant entering into an agreement with the Municipality for, but not
limited to:
Establishing the maximum of 5 seasonal workers accommodated at one
time;
Removal of the trailer building from the property no more than two (2) years
after the existing farm operation has ceased;
That the buildings and site be maintained in accordance with the By-laws of
the Municipality of Bayham;
Establishing the seasonal time period for the accommodations;
Ensuring sufficient on-site capacity for potable drinking water from
Southwestern Public Health;
Ensuring sufficient septic system capacity to the satisfaction of the
Municipality;
Ensuring a building permit is obtained in accordance to the Ontario Building
Code.
Paul Riley
IBI GROUP
Paul Riley Consulting Planner to the Municipality of Bayham