HomeMy WebLinkAboutApril 20, 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, April 20, 2023 6:45 p.m.
A. Minor Variance Application A-03/23 CHR Farms Ltd. The April 20, 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-03/23 CHR Farms Ltd.
THE PURPOSE of the variance is to permit two dwellings on the subject lands, one permanent
building to be used for the purpose of supplementary farm dwelling accommodations and one
primary residential dwelling. The subject lands are located at 55705 Heritage Line, south side,
east of Mitchell 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 permanent dwelling with maximum floor area of 103 m2 (1,108.7 ft2) and
maximum capacity of eight (8) seasonal temporary workers; and to permit one primary dwelling
to be developed in addition to the existing dwelling, being converted to supplementary farm
dwelling use, whereas new dwellings in the A1 zone are only permitted on vacant parcels.
4. STAFF PRESENTATION
A. Report DS-22/23 by Margaret Underhill, Secretary/Treasurer re Committee of Adjustment
Minor Variance A-03/23 CHR Farms Ltd. 55705 Heritage Line
5. PRESENTATIONS BY APPLICANT/AGENT 6. PUBLIC SUBMISSIONS 7. COMMITTEE QUESTIONS AND DISCUSSION 8. DECISION OF COMMITTEE (Motions) 9. ADJOURNMENT
A-03/23
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: CHR FARMS LTD.,
LOCATION: 55705 HERITAGE LINE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-03/23).
TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, April 20th, 2023 at 6:45 pm. in the Municipal
Council Chambers, 56169 Heritage Line, in Straffordville to consider a proposed Minor Variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT. Planning Public Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s YouTube Channel: https://www.youtube.com/channel/UCpY8wjivr1zSsi0tvbgtUrg
THE PURPOSE of the variance is to permit two dwellings on the subject lands, one permanent building to be used for the purpose of supplementary farm dwelling accommodations and one primary residential dwelling. The subject lands are located at 55705 Heritage Line, south side, east of Mitchell 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 permanent dwelling with maximum floor area of 103 m2 (1,108.7 ft2) and maximum capacity of eight (8) seasonal temporary workers; and to permit one primary dwelling to be
developed in addition to the existing dwelling, being converted to supplementary farm dwelling use, whereas new dwellings in the A1 zone are only permitted on vacant parcels.
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. When possible, please consider utilizing written correspondence. Written comments are to be submitted on or before 12:00
Noon on Thursday, April 13, 2023 to munderhill@bayham.on.ca or at the municipal office
to be included in the public 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 by contacting the Municipal Office.
DATED at the Municipality of Bayham
this 6th day of April 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: April 20, 2023
REPORT: DS-22/23 FILE NO. C-07 / D12.CHRF
Roll # 34-01-000-004-00500 SUBJECT: Committee of Adjustment Minor Variance A-03/23 CHR Farms Ltd.
55705 Heritage Line, Straffordville
BACKGROUND:
CHR Farms Ltd. has submitted a minor variance application for their property located at 55705
Heritage 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 two dwellings on the subject lands, one permanent building to be used for the purpose of supplementary farm dwelling accommodations and one primary residential dwelling. The subject lands are located at 55705 Heritage Line, south side, east of Mitchell 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 permanent dwelling with maximum floor area of 144 m2 (1,550 ft2) (103 m2 was indicated on the Public Meeting Notice, however, there is an additional 41 m2 within the basement) and maximum capacity of eight (8) seasonal temporary workers; and, to permit one primary dwelling to be developed in addition to the existing dwelling that is being converted to supplementary farm dwelling use, whereas new dwellings in the A1 zone are only permitted on vacant parcels. 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 April 12, 2023, outlines the full analysis of the four “tests” and the variance
Staff Report DS-22/23 CHR Farms Page 2
required for compliance. Long Point Region Conservation Authority (LPRCA) submitted correspondence, dated April 11, 2023, regarding their involvement in the development. The LPRCA staff have no objection to the intent of the application. The supplementary dwelling appears to be outside of the LPRCA regulated area and a permit is not required.
Staff and planner concur the application meets the criteria and recommends the minor variance to accommodate the deeming of the existing dwelling as a supplementary farm dwelling to
accommodate a maximum of eight (8) seasonal farm labourers subject to the owner entering into a development agreement with the municipality specifying the time period for use and to include items such as the time period for removal, buildings and site maintenance, potable
drinking water ,and septic services.
ATTACHMENTS
1. Application for Minor Variance A-03/23 CHR Farms Ltd. 2. LPRCA – correspondence, dated April 11, 2023 3. IBI Memorandum, dated April 12, 2023
RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s report DS-22/23 regarding
the CHR Farms Ltd. 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-03/23 by CHR Farms Ltd. 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 an existing dwelling at 55705 Heritage Line with a maximum floor area of 144 m2 (1,550 ft2) to accommodate a maximum of eight
(8) seasonal farm labourers; and, to permit one primary dwelling to be developed in addition to the existing dwelling being converted to a supplementary farm dwelling use, whereas new dwellings in the A1 zone are only permitted on vacant
parcels.
Condition: A Development Agreement for the supplementary farm dwelling to be
executed within six (6) months of the minor variance approval.
Staff Report DS-22/23 CHR Farms Page 3
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC Secretary/Treasurer Committee of Adjustment CAO|Clerk
Municipality of Bayham April 11, 2023
Straffordville, ON
Attention: Margaret Underhill
To whom it may concern,
Long Point Region Conservation Authority (LPRCA) staff have had an opportunity to review application
A-03/23 and provide the following comments based on LPRCA’s various plan review responsibilities for
the Municipality of Bayham’s consideration.
It is staff’s understanding that the submitted application for a minor variance will permit two dwellings
on the subject lands, one permanent building to be used for the purpose of supplementary farm
dwelling accommodations and one primary residential dwelling.
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:
b) 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 contain erosion hazards associated with an existing watercourse/slope and 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))
The proposed supplementary dwelling appears to be outside of the area regulated by LPRCA under
Ontario Regulation 178/06. The location of the proposed residential structure is currently not known. If it
is outside the regulated area on this property, a permit from this office will not be required.
Please feel free to reach out with any further questions related to this matter. Regards,
Aisling Laverty, Resource Planner
Long Point Region Conservation Authority
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 April 12, 2023
From Paul Riley Project No 3404 - 897
cc William Pol, MCIP, RPP
Subject C.H.R. Farms Ltd. - Application for Minor Variance to Zoning By-law Amendment Z456-2003 - 55705 Heritage Line
1. We have completed our review of Minor Variance application A-03/23, submitted
by Jesse Froese on behalf of C.H.R. Farms Ltd. for lands located at 55705
Heritage Line. The variance is to permit two dwellings on the subject lands, one
permanent building to be used for the purpose of supplementary farm dwelling
accommodations and one primary residential dwelling.
2. The permitted use of a supplementary farm dwelling requires a variance in
accordance to the Supplementary Farm Dwelling policies of the Bayham Official
Plan and is proposed to be in the form of one permanent dwelling with maximum
floor area of 144 m2 (1,550 ft2) (103 m2 was indicated on the Public Meeting
Notice, however, there is an additional 41 m2 within the basement) and maximum
capacity of eight (8) seasonal temporary workers. A variance is also required to
permit one primary dwelling to be developed in addition to the existing dwelling,
which is being converted to supplementary farm dwelling use, whereas new
dwellings in the A1 zone are only permitted on vacant parcels.
3. The subject lands are designated Agriculture and a portion is designated Natural
Heritage and Natural Gas Reservoir 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. 8 of the Zoning By-law
zones the subject lands Agricultural (A1-A) and portions of the subject lands are
identified within the LPRCA Regulation Limit.
4. The subject lands have lot area of 18.8 ha (46.5 acres), lot frontage of
approximately 120 m (393.7 ft) and lot depth of 962 m (3,156 ft). The subject lands
are currently occupied by a single detached dwelling, a farm building/shop and a
small barn. The natural heritage features identified as constraints are located at
IBI GROUP MEMORANDUM
Municipality of Bayham – April 12, 2023
IBI Group Professional Services (Canada) Inc. is a member of the IBI Group of companies
2
least 160 m (525 ft) to the south of the existing dwelling proposed to be converted
to supplementary farm dwelling use. The location of the future dwelling has not
been determined.
5. The uses surrounding the subject lands are agricultural in all directions as well as
two residential dwelling lots abutting the northwest and one residential dwelling use
to the northwest across Heritage Line. Based on a desktop review of recent aerial
photography the existing dwelling to become a supplementary farm dwelling has
an existing patch of trees surrounding it to the south and west which provides
buffering to the dwellings to the northwest.
6. 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 additional housing for a large number of full-time
seasonal labourers for the vegetable and cash crop farming operation.
b) Existing Dwellings: The farm operation has a lack of housing available and the
proposed dwelling is capable of accommodating the labourers.
c) Location: The dwelling is within the farm building cluster and screened from the
neighbouring dwellings.
d) Size and Type: a permanent building with floor area maximum of 144 m2 is
proposed which is less than the preferred maximum size for supplementary
farm dwellings in permanent buildings.
e) Services: The supplementary dwelling will utilize the existing well water and
septic system. Confirmation of adequate quantity and quality of drinking water
and adequate sanitary sewage facilities (septic) is required.
f) Vehicular Access: The existing driveway will be utilized and there will not be
significant increase in traffic based on the number of labourers proposed.
7. 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 permanent building for
supplementary farm dwelling to accommodate up to eight (8) seasonal labourers
on the subject lands to support the farm operation and that meets the criteria for
such use in the Official Plan is minor in nature.
IBI GROUP MEMORANDUM
Municipality of Bayham – April 12, 2023
IBI Group Professional Services (Canada) Inc. is a member of the IBI Group of companies
3
The reason for the request to permit two dwellings in the form of one supplementary
farm dwelling in addition to a future primary farm dwelling is due to the Zoning By-
law A1 zone permitted use being single detached dwellings lawfully in existence
as of the date of the passing of this By-law or one new single detached dwelling on
a vacant lot subject to all other applicable regulations of this By-law. The primary
dwelling is being converted to supplementary farm dwelling use and the owners
wanted to ensure that they could build a new dwelling on the lands in the future. A
variance to specifically permit one additional dwelling in addition to the retained
existing dwelling for supplementary farm dwelling use 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 8 labourers, is appropriate. The use
of a permanent structure for the purpose of supplementary farm dwelling in an
agricultural area is a desirable use of the lands. One additional primary farm
dwelling is a desirable use of the lands.
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) zoning, therefore, a variance in accordance to the Official Plan
policies for supplementary farm dwelling establishment meets the general intent
and purpose of the Official Plan.
The proposed variance to permit one additional dwelling to be developed in the
future is proposed to ensure that the owners would not encounter a zoning issue
in the future in regard to the technical nature of the permitted use for new dwellings
on A1 parcels. Only existing dwellings or one new dwelling on a vacant parcel are
permitted uses. The variance would have the effect of permitting a new primary
dwelling on the subject lands in addition to the existing dwelling that is proposed to
be converted for agricultural related use of a supplementary farm dwelling. The
intent of the limitations on number of dwellings is to avoid situations where farms
build additional dwellings at one point in time for supplementary farm labour could
lead to future proposals for severance of surplus farm dwelling lots which could
impact the retention of viable farm parcels and create additional residential uses in
resource areas which is not encourage by applicable planning policies. The
proposed variance meets the general intent and purpose of the Zoning By-law.
IBI GROUP MEMORANDUM
Municipality of Bayham – April 12, 2023
IBI Group Professional Services (Canada) Inc. is a member of the IBI Group of companies
4
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 conversion of a dwelling to be a
permanent dwelling for supplementary farm dwelling to accommodate up to 8
seasonal labourers on the subject lands maintains the general intent and purpose
of the Official Plan.
The variance to permit a new dwelling where there is an existing dwelling being
converted for use as a supplementary farm dwelling maintains the general intent
and purpose of the Official Plan.
8. Based on the above review of Minor Variance application A-03/23, we have no
objection to the proposed Minor Variance to permit one additional future dwelling
as a primary farm dwelling; and a maximum of one supplementary farm dwelling
in the form of a permanent dwelling with floor area maximum of 145 square
metres to accommodate a maximum of 8 seasonal farm labourers subject to the
owner/applicant entering into an agreement with the Municipality for, but not
limited to:
Establishing the maximum of 8 seasonal workers accommodated at one
time;
Removal of the supplementary accommodation nature of the building 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;
Paul Riley
IBI GROUP
Paul Riley Consulting Planner to the Municipality of Bayham