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HomeMy WebLinkAboutMarch 16, 2023 - Planning - Committee of AdjustmentTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COMMITTEE OF ADJUSTMENT MINUTES 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 COMMITTEE MEMBERS PRESENT: STAFF PRESENT: CAOICLERK DEPUTY CLERK SECRETARY/TREASURER PUBLIC ATTENDEES A: PUBLIC ATTENDEES B: 1. CALL TO ORDER ED KETCHABAW RAINEY WEISLER TIMOTHY EMERSON DANFROESE SUSAN CHILCOTT THOMAS THAYER MEAGAN ELLIOTT MARGARET UNDERHILL GEORGE BLATZ JESSE FROESE APPLICATION A — A-01/23 Chair Ketchabaw called the meeting to order at 6:45 p.m. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 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. Statutory Planning Minutes — 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 Secretary/Treasurer M. Underhill presented Report DS-14/23. 5. PRESENTATIONS BY APPLICANT/AGENT The applicant was present and noted no further comments. 6. PUBLIC SUBMISSIONS No submissions. 7. COMMITTEE QUESTIONS AND DISCUSSION No questions. 8. DECISION OF COMMITTEE (Motions) Moved by: Committee Member Weisler Seconded by: Committee Member Chilcott 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 3 Statutory Planning Minutes — Committee of Adjustment March 16, 2023 2. That the owner obtain permission from the LPRCA for development permission within a Regulated Area. CARRIED 9. ADJOURNMENT Moved by: Committee Member Emerson Seconded by: Committee Member Froese THAT the Committee of Adjustment hearing for consideration of Minor Variance Application A- 01/23 be adjourned at 6:52 p.m.; AND THAT in accordance with the regulations of the Planning Act, Notices of Decision be circulated by the Secretary -Treasurer accordingly. CARRIED APPLICATION B — A-02/23 10. CALL TO ORDER Chair Ketchabaw called the meeting to order at 6:53 p.m. 11. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 12. APPLICATION 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. 13. STAFF PRESENTATION 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 4 Statutory Planning Minutes — Committee of Adjustment March 16, 2023 Secretary/Treasurer M. Underhill presented Report DS-15/23. 14. PRESENTATIONS BY APPLICANT/AGENT The applicant was present and noted no further comments. 15. PUBLIC SUBMISSIONS No public participation 16. COMMITTEE QUESTIONS AND DISCUSSION Mayor Ketchabaw asked clarifying questions surrounding when the applicant would be granted occupancy and noted it is a by-law infraction to occupy the space prior to obtaining permission and outside of the April 1 — November 30 timeframe. 17. DECISION OF COMMITTEE (Motions) Moved by: Committee Member Emerson Seconded by: Committee Member Froese 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. CARRIED 18. ADJOURNMENT Moved by: Committee Member Weisler Seconded by: Committee Member Chilcott Statutory Planning Minutes — Committee of Adjustment March 16, 2023 THAT the Committee of Adjustment hearing for consideration of Minor Variance Application A- 02/23 be adjourned at 6:59 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: �11RN SECRETARY TREASURER