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HomeMy WebLinkAboutJuly 06, 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, July 6, 2023 5:30 p.m. A. Minor Variance Application A-04/23 Flett 55139 Maple Grove Line B. Minor Variance Application A-05/23 Toms 26 Chatham Street C. Minor Variance Application A-06/23 Redsell & Astbury 7363 Coyle Road D. Minor Variance Application A-07/23 Holcombe 53665 & 53693 Pressey Road The July 6, 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. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) 4. APPLICATION A. Minor Variance Application A-04/23 Flett 55139 Maple Grove Line THE PURPOSE of the variance is to grant relief from Zoning By-law regulations in Section 4.2 b), 4.2 d), 7.11.2 and 7.11.3 to permit an accessory building to be located in the front yard; to permit an accessory building closer to the street than the main building is to that street; to permit side yard setback for an accessory building of 1.0 metre (3.3 ft) whereas 3.0 metres (9.8 ft) is the minimum in the Rural Residential (RR) zone; and, to permit combined accessory building floor area of 102.6 m2 (1,104 ft2) whereas 95 m2 (1,023 ft2) is the permitted maximum in the RR Zone, for lands located at 55139 Maple Grove Line, southeast side and south of Baldwin Line. THE EFFECT of this variance will be to permit a new accessory building (garage) to be located on the east side of the property which is considered the front yard and would be closer to Maple Grove Line than the dwelling, reduced side yard setback due to the driveway and dwelling configuration and the septic location in the rear yard, as well as a minor increase to permitted maximum accessory building floor area when including the floor area of the existing garden shed. B. Minor Variance Application A-05/23 Toms 26 Chatham Street THE PURPOSE of the variance is to grant relief from Zoning By-law regulations in Section 10.11 c) to permit combined accessory building floor area of 97.01 m2 (96.98 ft2) whereas 75 m2 (1,023 ft2) is the permitted maximum in the Village Residential (R1) Zone, for lands located at 26 Chatham Street, east side, south of Cowper Street in Port Burwell. THE EFFECT of this variance will be to permit a new accessory building (pool cabana) in addition to an existing accessory building (garage) which combined floor area exceeds the permitted maximum. 2 C. Minor Variance Application A-06/23 Redsell & Astbury 7363 Coyle Road THE PURPOSE of the variance is to permit two dwelling units for the purpose of supplementary farm dwelling accommodations in portions of two permanent buildings in accordance to the Bayham Official Plan Section 2.1.10.1. The subject lands are located at 7363 Coyle Road, west side, and north side of Jackson Line. THE EFFECT of this variance will be to allow the permitted use of supplementary farm dwelling, in the form of one dwelling unit in a portion of the existing primary dwelling with maximum floor area of 106 m2 (1,141 ft2) and maximum capacity of two (2) year-round farm workers and one portion of an existing permanent barn with floor area maximum of 37.2 m2 (400 ft2) and maximum capacity of 2 year-round farm workers. D. Minor Variance Application A-07/23 Holcombe 53665 & 53693 Pressey Road THE PURPOSE of the variance is to grant relief from Zoning By-law regulations in Section 4.2 c) and 4.2 d) to permit an accessory building to be located in the front yard and closer to the street than the main building is to that street, for lands located at 53665 and 53693 Pressey Road, south side, east of Springer Hill Road. THE EFFECT of this variance will be to permit a new accessory building (garage) to be located on the east side of the property in the front yard and closer to Pressey Road than the dwelling, in the area of a former dwelling and accessory building on the subject lands. 5. STAFF PRESENTATION A. Report DS-39/23 by Margaret Underhill, Secretary/Treasurer re Committee of Adjustment Minor Variance A-04/23 Flett 55139 Maple Grove Line B. Report DS-40/23 by Margaret Underhill, Secretary/Treasurer re Committee of Adjustment Minor Variance A-05/23 Toms 26 Chatham Street C. Report DS-41/23 by Margaret Underhill, Secretary/Treasurer re Committee of Adjustment Minor Variance A-06/23 Redsell & Astbury 7363 Coyle Road D. Report DS-42/23 by Margaret Underhill, Secretary/Treasurer re Committee of Adjustment Minor Variance A-07/23 Holcombe 53665 & 53693 Pressey Road 6. PRESENTATIONS BY APPLICANT/AGENT 7. PUBLIC SUBMISSIONS 8. COMMITTEE QUESTIONS AND DISCUSSION 9. DECISION OF COMMITTEE (Motions) 10. ADJOURNMENT THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COMMITTEE OF ADJUSTMENT MINUTES 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 was held using hybrid technologies via Zoom and livestreamed on YouTube. COMMITTEE MEMBERS PRESENT: ED KETCHABAW RAINEY WEISLER TIMOTHY EMERSON DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO|CLERK THOMAS THAYER DEPUTY CLERK MEAGAN ELLIOTT SECRETARY/TREASURER MARGARET UNDERHILL PUBLIC ATTENDEES: JESSE FROESE 1. CALL TO ORDER Chair Ketchabaw called the meeting to order at 6:45 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 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. 2 Statutory Planning Minutes – Committee of Adjustment April 20, 2023 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 Secretary/Treasurer M. Underhill presented Report DS-22/23. 5. PRESENTATIONS BY APPLICANT/AGENT The applicant’s Appointed Agent Jesse Froese was in attendance and spoke briefly to summarize the application. 6. PUBLIC SUBMISSIONS No public submissions. 7. COMMITTEE QUESTIONS AND DISCUSSION Chair Ketchabaw inquired if language was needed in the approval motion for the time period of occupancy. Secretary/Treasurer M. Underhill confirmed this language would be included in the future development agreement. 8. DECISION OF COMMITTEE (Motions) Moved by: Committee Member Froese Seconded by: Committee Member Chilcott 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. 3 Statutory Planning Minutes – Committee of Adjustment April 20, 2023 Condition: A Development Agreement for the supplementary farm dwelling to be executed within six (6) months of the minor variance approval. 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- 03/23 be adjourned at 6:53 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: ___________________ CHAIRPERSON SECRETARY TREASURER A-04/23 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: GRAHAM AND LINDSAY FLETT LOCATED AT: 55139 MAPLE GROVE LINE TAKE NOTICE that the Municipality of Bayham has received a completed application for a proposed Minor Variance (A-04/23). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, July 6, 2023, at 5:30 pm to consider a proposed Minor Variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT. The Committee of Adjustment Meetings may be viewed virtually through the live-stream on the Bayham YouTube Channel: https://www.youtube.com/channel/UCpY8wjivr1zSsi0tvbgtUrg THE PURPOSE of the variance is to grant relief from Zoning By-law regulations in Section 4.2 b), 4.2 d), 7.11.2 and 7.11.3 to permit an accessory building to be located in the front yard; to permit an accessory building closer to the street than the main building is to that street; to permit side yard setback for an accessory building of 1.0 metre (3.3 ft) whereas 3.0 metres (9.8 ft) is the minimum in the Rural Residential (RR) zone; and, to permit combined accessory building floor area of 102.6 m2 (1,104 ft2) whereas 95 m2 (1,023 ft2) is the permitted maximum in the RR Zone, for lands located at 55139 Maple Grove Line, southeast side and south of Baldwin Line. THE EFFECT of this variance will be to permit a new accessory building (garage) to be located on the east side of the property which is considered the front yard and would be closer to Maple Grove Line than the dwelling, reduced side yard setback due to the driveway and dwelling configuration and the septic location in the rear yard, as well as a minor increase to permitted maximum accessory building floor area when including the floor area of the existing garden shed. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. 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 July 5, 2023 to be included in a circulation to the Committee members prior to the meeting. 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 23rd day of June 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-05/23 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: BILL AND ANNETTE TOMS LOCATED AT: 26 CHATHAM STREET, PORT BURWELL TAKE NOTICE that the Municipality of Bayham has received a completed application for a proposed Minor Variance (A-05/23). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, July 6, 2023, at 5:30 pm to consider a proposed Minor Variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT. The Committee of Adjustment Meetings may be viewed virtually through the live-stream on the Bayham YouTube Channel: https://www.youtube.com/channel/UCpY8wjivr1zSsi0tvbgtUrg THE PURPOSE of the variance is to grant relief from Zoning By-law regulations in Section 10.11 c) to permit combined accessory building floor area of 97.01 m2 (96.98 ft2) whereas 75 m2 (1,023 ft2) is the permitted maximum in the Village Residential (R1) Zone, for lands located at 26 Chatham Street, east side, south of Cowper Street in Port Burwell. THE EFFECT of this variance will be to permit a new accessory building (pool cabana) in addition to an existing accessory building (garage) which combined floor area exceeds the permitted maximum. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. 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 July 5, 2023 to be included in a circulation to the Committee members prior to the meeting. 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 23rd day of June 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-06/23 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: MATTHEW REDSELL AND DOROTHEE ASTBURY LOCATED AT: 7363 COYLE ROAD TAKE NOTICE that the Municipality of Bayham has received a completed application for a proposed Minor Variance (A-06/23). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, July 6, 2023, at 5:30 pm to consider a proposed Minor Variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT. The Committee of Adjustment Meetings may be viewed virtually through the live-stream on the Bayham YouTube Channel: https://www.youtube.com/channel/UCpY8wjivr1zSsi0tvbgtUrg THE PURPOSE of the variance is to permit two dwelling units for the purpose of supplementary farm dwelling accommodations in portions of two permanent buildings in accordance to the Bayham Official Plan Section 2.1.10.1. The subject lands are located at 7363 Coyle Road, west side, and north side of Jackson Line. THE EFFECT of this variance will be to allow the permitted use of supplementary farm dwelling, in the form of one dwelling unit in a portion of the existing primary dwelling with maximum floor area of 106 m2 (1,141 ft2) and maximum capacity of two (2) year-round farm workers and one portion of an existing permanent barn with floor area maximum of 37.2 m2 (400 ft2) and maximum capacity of 2 year-round farm workers. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. 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 July 5, 2023 to be included in a circulation to the Committee members prior to the meeting. 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 23rd day of June 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-07/23 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: ANTHONY AND DEBORAH HOLCOMBE LOCATED AT: 53665 / 53693 PRESSEY ROAD TAKE NOTICE that the Municipality of Bayham has received a completed application for a proposed Minor Variance (A-07/23). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, July 6, 2023, at 5:30 pm to consider a proposed Minor Variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT. The Committee of Adjustment Meetings may be viewed virtually through the live-stream on the Bayham YouTube Channel: https://www.youtube.com/channel/UCpY8wjivr1zSsi0tvbgtUrg THE PURPOSE of the variance is to grant relief from Zoning By-law regulations in Section 4.2 c) and 4.2 d) to permit an accessory building to be located in the front yard and closer to the street than the main building is to that street, for lands located at 53665 and 53693 Pressey Road, south side, east of Springer Hill Road. THE EFFECT of this variance will be to permit a new accessory building (garage) to be located on the east side of the property in the front yard and closer to Pressey Road than the dwelling, in the area of a former dwelling and accessory building 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 minor variance. 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 July 5, 2023 to be included in a circulation to the Committee members prior to the meeting. 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 23rd day of June 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: July 6, 2023 REPORT: DS-39/23 FILE NO. C-07 / D12.FLET Roll # 34-01-000-006-00810 SUBJECT: Committee of Adjustment Minor Variance A-04/23 Flett 55139 Maple Grove Line BACKGROUND: Graham and Lindsay Flett have submitted a minor variance application for their property located at 55139 Maple Grove Line, Concession North Gore Pt Lot 14. The property is designated “Agriculture” as per Schedule ‘A1’ of the Official Plan and zoned as Rural Residential (RR) as per Schedule ‘A’ Map No. 5 of Zoning By-law No. Z456-2003. The purpose of the variance is to grant relief from Zoning By-law regulations in Section 4.2 c), 4.2 d), 7.11.2 and 7.11.3 to permit an accessory building to be located in the front yard; to permit an accessory building closer to the street than the main building is to that street; to permit side yard setback for an accessory building of 1.0 metre (3.3 ft) whereas 3.0 metres (9.8 ft) is the minimum in the Rural Residential (RR) zone; and, to permit combined accessory building floor area of 102.6 m2 (1,104 ft2) whereas 95 m2 (1,023 ft2) is the permitted maximum in the RR Zone, for lands located at 55139 Maple Grove Line, southeast side and south of Baldwin Line. The effect of this variance will be to permit a new accessory building (garage) to be located on the east side of the property which is considered the front yard and would be closer to Maple Grove Line than the dwelling, reduced side yard setback due to the driveway and dwelling configuration and the septic location in the rear yard, as well as a minor increase to permitted maximum accessory building floor area when including the floor area of the existing garden shed. 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 June 19, 2023, outlines the full analysis of the four “tests” and the variance required for compliance. Staff Report DS-39/23 Flett Page 2 Staff and planner concur the application meets the criteria and recommends the minor variance to accommodate the construction of an accessory building in the front yard and closer to the street than the dwelling and to permit a reduced side yard setback of not less than 1.0 metre and to permit combined accessory building floor area of 103 m2. ATTACHMENTS 1. Application for Minor Variance A-04/23 Flett 2. Arcadis Memorandum, dated June 19, 2023 3. Aerial Map – 55139 Maple Grove Line RECOMMENDATION THAT the Committee of Adjustment Secretary/Treasurer’s report DS-39/23 regarding the Flett 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) of the Planning Act and is considered minor; THEREFORE application A-04/23 submitted by Graham and Lindsay Flett 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:  Sections 4.2 Accessory Uses Subsections c) and d), Section 7.11 Regulations for Accessory Buildings Subsections 7.11.2 and 7.11.3 to permit a new accessory building in the front yard and closer to the street than the dwelling, and to permit a side yard setback for the proposed building of not less than 1.0 metre, and to permit combined accessory building floor area of 103 m2 (rounded up slightly to account for any minor deviations to floor area as a s result of construction) whereas 95 m2 is the permitted maximum in the RR Zone. Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Secretary/Treasurer Committee of Adjustment Chief Administrative Officer 203-350 Oxford Street West London, ON, N6H 1T3 902-442-9844 ext. 63008 Memorandum To/Attention Municipality of Bayham Date June 19, 2023 From Paul Riley, BA, CPT Project No 3404-903 cc William Pol, MCIP, RPP Subject Graham and Lindsay Flett - Application for Minor Variance to Zoning By-law #Z456-2003 - 55139 Maple Grove Line 1. We have completed our review of Minor Variance application A-04/23, submitted by Graham and Lindsay Flett for lands located at 55139 Maple Grove Line, southeast side, south of Baldwin Line. The applicant is requesting a variance to grant relief from Zoning By-law regulations in Section 4.2 c), 4.2 d), 7.11.2 and 7.11.3 to permit an accessory building to be located in the front yard; to permit an accessory building closer to the street than the main building is to that street; to permit side yard setback for an accessory building of 1.0 metre (3.3 ft) whereas 3.0 metres (9.8 ft) is the minimum in the Rural Residential (RR) zone; and to permit combined accessory building floor area of 102.6 m2 (1,104 ft2) whereas 95 m2 (1,022 ft2) is the permitted maximum in the RR Zone. 2. The subject lands are designated as ‘Agriculture’ on Schedule ‘A1’ – Mun. of Bayham: Land Use of the Bayham Official Plan. The subject lands are zoned as Rural Residential (RR)on the Mun. of Bayham Zoning By-law No. Z456-2003. The subject lands have lot area of approximately 3,450 square metres (0.8 acres), lot frontage of 50 metres (164 feet) and lot depth of approximately 88 metres (288 feet). The surrounding land uses are agricultural in nature. 3. Section 45(1) of the Planning Act outlines the four “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? The proposed accessory building being a garage with the dimensions of 93.3 m2 (1,004.6 ft2), in addition to an existing garden shed with floor area of 9.3 m2 (100 ft2), would be located within the front yard and closer to Maple Grove Line than the main building (dwelling) on the lot and with a 1.0 m setback from the east property line. The existing dwelling is located centrally on the lot and the septic system is to the rear of the dwelling which limits location possibilities to closer to Maple Grove Line than the dwelling. There are no residential neighbours to the east and if there was then there might have been a minor impact related to the request for reduced side yard setback. The proposed floor area is under the IBI GROUP MEMORANDUM Municipality of Bayham – June 19, 2023 2 maximum permitted, however, there is a second existing shed used for accessory uses. Given the configuration of the lot, location of the existing driveway, dwelling and the limited rear yard due to septic, the variance is minor in nature. Is the variance desirable for the use of the lands? The proposed variance is desirable for the use of the subject property given that the applicant is making improvements to the lands which improves their quality of life and that there are no neighbours nearby which would have any potential minor impacts from the proposed location. The proposed variance would permit a use that is complementary to the primary use of the subject property and is therefore a desirable use of the lands. Does the variance maintain the general intent and purpose of the Zoning By-law? Section 4.2 of the Zoning By-law does not permit accessory buildings in the front yard and does not permit accessory buildings to be built closer to the street than the main building. The intent and purpose of the regulations is to avoid accessory buildings closer to the street than the dwelling for aesthetic purposes and to avoid undue noise or activity carried out in association with the accessory building from the public street. The proposed location makes sense in relation to the dwelling and driveway and appears to be of adequate aesthetic quality. Section 7.11.2 and 7.11.3 regulate the size and location of accessory buildings and are intended to avoid oversized buildings and keep adequate distance between such buildings and neighbouring uses. The proposed combined accessory building floor area represents an 8% increase to the permitted maximum accessory building floor area. The proposed garage is less than the maximum, however, there is another small garden shed already existing. The reduced setback provides for the minimum setback for any accessory building of 1.0 m whereas in the RR zone the required setback for the main building on the lands applies. The proposed relief from Sections 4.2 c) and d), and Section 7.11.2 and 7.11.3 maintain the general intent and purpose of the Zoning By-law. Does the variance maintain the general intent and purpose of the Official Plan? The general intent and purpose of the ‘Residential’ land use designation is to permit single-detached residential dwellings. The proposed accessory structure would be a complementary accessory use to the primary existing Residential land use and maintains the general intent and purpose of the Official Plan. 4. Based on our review of the application and the tests for a minor variance, we have no objection provide relief from ZBL Sections 4.2 c), 4.2 d), 7.11.2, and 7.11.3 to permit a new accessory building in the front yard and closer to the street than the dwelling, and to permit side yard setback for the proposed IBI GROUP MEMORANDUM Municipality of Bayham – June 19, 2023 3 building of not less than 1.0 metre, and to permit combined accessory building floor area of 103 square metres (rounded up slightly to account for any minor deviations to floor area as a result of construction). Paul Riley IBI GROUP Paul Riley, BA, CPT Consulting Planner to the Municipality of Bayham © Latitude Geographics Group Ltd. 0.1 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Kilometers0.1 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.030 1:1,102 55139 Maple Grove Line Elgin County Parcels E911 Boundary Elgin Road Network Elgin Road Network Elgin Road Network Lagoons World Imagery REPORT DEVELOPMENT SERVICES TO: Committee of Adjustment Members FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment DATE: July 6, 2023 REPORT: DS-40/23 FILE NO. C-07 / D12.TOMS Roll # 34-01-002-001-41800 SUBJECT: Committee of Adjustment Minor Variance A-05/23 Toms 26 Chatham Street, Port Burwell BACKGROUND: Bill and Annette Toms have submitted a minor variance application for their property located at 26 Chatham Street, Port Burwell. The property is designated “Residential” on Schedule ‘D’ - Port Burwell: Land Use and Constraints of the Official Plan and zoned as Village Residential (R1) on Schedule ‘I’ Port Burwell of Zoning By-law No. Z456-2003. The purpose of the variance is to grant relief from Zoning By-law regulations in Section 10.11 c) to permit combined accessory building floor area of 97.01 m2 (96.98 ft2) whereas 75 m2 (1,023 ft2) is the permitted maximum in the Village Residential (R1) Zone, for lands located at 26 Chatham Street, east side, south of Cowper Street in the village of Port Burwell. The effect of this variance will be to permit a new accessory building (pool cabana) in addition to an existing accessory building (garage) which combined floor area exceeds the permitted maximum. 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 June 20, 2023, outlines the full analysis of the four “tests” and the variance required for compliance. Staff and planner concur the application meets the criteria and recommends the minor variance to accommodate the construction of an accessory building with an accumulative maximum floor area of 97.01 whereas 75 m2 is the maximum permitted floor area in the R1 Zone. Staff Report DS-40/23 Toms Page 2 ATTACHMENTS 1. Application for Minor Variance A-05/23 Toms 2. Arcadis Memorandum, dated June 20, 2023 3. Aerial map – 26 Chatham Street RECOMMENDATION THAT the Committee of Adjustment Secretary/Treasurer’s report DS-40/23 regarding the Toms 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) of the Planning Act and is considered minor; THEREFORE application A-05/23 submitted by Bill and Annette Toms 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 10.11 c) Regulations for Accessory Buildings Maximum Floor Area to permit a combined accessory building floor area of 97.2 m2 (rounded up slightly to account for any minor deviations to floor area as a s result of construction) whereas 75 m2 is the permitted maximum in the R1 Zone. Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Secretary/Treasurer Committee of Adjustment Chief Administrative Officer 203-350 Oxford Street West London, ON, N6H 1T3 902-442-9844 ext. 63008 Memorandum To/Attention Municipality of Bayham Date June 20, 2023 From Paul Riley, BA, CPT Project No 3404-906 cc William Pol, MCIP, RPP Subject Bill and Annette Toms - Application for Minor Variance to Zoning By-law #Z456-2003 - 26 Chatham Street, Port Burwell 1. We have completed our review of Minor Variance application A-05/23, submitted by Bill and Annette Toms for lands located at 26 Chatham Street, east side, south of Cowper Street in Port Burwell. The applicant is requesting a variance to grant relief from Zoning By-law regulations in Section 10.11 c) to permit combined accessory building floor area of 97.01 m2 (96.98 ft2) whereas 75.0 m2 (1,023 ft2) is the permitted maximum in the R1 Zone. 2. The subject lands are designated as ‘Residential’ on Schedule ‘D’ – Port Burwell: Land Use and Constraints of the Bayham Official Plan and are zoned as Village Residential (R1) on Schedule ‘I’ Port Burwell in Bayham Zoning By- law No. Z456-2003. 3. The subject lands have lot area of 1,637.6 square metres (0.4 acres), lot frontage of 33.7 metres (110.6 feet) and lot depth of 46.9 metres (153.9 feet). The surrounding land use is low-density residential in all directions. 4. Section 45(1) of the Planning Act outlines the four “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? The proposed pool cabana with floor area of 69.7 m2 (750 ft2) when combined with the existing detached garage with floor area of 27.31 m2 (294 ft2) exceeds the permitted maximum accessory building in the R1 Zone. The structure includes an open but roofed over portion in addition to the enclosed building. The proposed combined floor area is 29.5 % more than permitted. The proposed combined accessory floor area with personal storage and recreational use for a pool structure with an overhang and other personal storage is minor in nature. Is the variance desirable for the use of the lands? The proposed variance is desirable for the use of the subject property given that the applicant is making improvements to the lands which improves their quality IBI GROUP MEMORANDUM Municipality of Bayham – June 20, 2023 2 of life and the building stock in the municipality. The limitation on maximum floor area is to ensure accessory use buildings are accessory in nature rather than a predominant activity on residential lots and to limit impacts to neighbours from the potential uses such as small-scale commercial businesses which are not permitted. The proposed variance would permit a use that is complementary to the primary use of the subject property and is therefore a desirable use of the lands. Does the variance maintain the general intent and purpose of the Zoning By-law? Zoning By-law Section 10.11 c) permits a maximum accessory floor area of 75 m2 which represents a 29.5% increase to the permitted maximum. The general intent and purpose of the regulation is to avoid large scale accessory buildings which may have an impact to neighbours or which may be used for uses other than accessory / personal storage to a single-detached dwelling. The proposed accessory building use is a pool cabana which would store pool equipment and has a roofed over portion for sun protection. There is an existing garage providing personal storage. The proposed variance meets the general intent and purpose of the Zoning By-law to provide accessory storage to residential uses. Does the variance maintain the general intent and purpose of the Official Plan? The general intent and purpose of the ‘Residential’ land use designation is to permit single-detached residential dwellings. The proposed accessory structure would be a complementary accessory use to the primary existing Residential land use and maintains the general intent and purpose of the Official Plan. 5. Based on our review of the application and the tests for a minor variance, we have no objection provide relief from ZBL Section 10.11 c) to permit combined accessory building floor area of 97.2 square metres (rounded up slightly to account for any minor deviations to floor area as a result of construction). Paul Riley IBI GROUP Paul Riley, BA, CPT Consulting Planner to the Municipality of Bayham © Latitude Geographics Group Ltd. 0.1 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Kilometers0.1 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.030 1:1,102 26 Chatham Street Elgin County Parcels E911 Boundary Elgin Road Network Elgin Road Network Elgin Road Network Lagoons World Imagery REPORT DEVELOPMENT SERVICES TO: Committee of Adjustment Members FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment DATE: July 6, 2023 REPORT: DS-41/23 FILE NO. C-07 / D12.REDS Roll # 34-01-000-003-12300 SUBJECT: Committee of Adjustment Minor Variance A-06/23 Redsell & Astbury 7363 Coyle Road BACKGROUND: Matthew Redsell and Dorothee Astbury have submitted a minor variance application for their property located at 7363 Coyle Road, Concession S Gore S Pt Lot 25. The property is designated “Agricultural” and “Natural Gas Reservoir” on Schedule ‘A1’ Municipality of Bayham: Land Use and Constraints and a portion of the lands are identified as “Hazard Lands” on Schedule ‘A2’ Municipality of Bayham: Constraints of the Official Plan and zoned as Agricultural (A1) and westerly portions of the subject lands are identified within the LPRCA Regulation Limit in Municipality of Bayham Zoning By-law No. Z456-2003. The purpose of the variance is to permit two dwelling units for the purpose of supplementary farm dwelling accommodations in portions of two permanent buildings in accordance to the Bayham Official Plan Section 2.1.10.1. The subject lands are located at 7363 Coyle Road, west side, and north side of Jackson Line. The effect of this variance will be to allow the permitted use of two supplementary farm dwellings, in the form of one dwelling unit in a portion of the existing primary dwelling with maximum floor area of 106 m2 (1,141 ft2) and maximum capacity of two (2) year-round farm workers and one dwelling unit in a portion of an existing permanent barn (north barn) with proposed floor area maximum of 37.2 m2 (400 ft2) and maximum capacity of two (2) year-round farm workers. 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 June 22, 2023, outlines the full analysis of the four “tests” and the variance required for compliance. Staff Report DS-41/23 Redsell Page 2 Staff and planner concur the application meets the criteria and recommends the minor variance to permit one supplementary farm dwelling unit in a portion of the existing primary dwelling with maximum floor area of 106 m2 (1,141 ft2) and maximum capacity of two (2) year-round farm workers and one dwelling unit in a portion of an existing permanent barn with a slightly increased floor area maximum of 38 m2 (408 ft2) and maximum capacity of two (2) year-round farm workers subject to the owner/applicant entering into a Development Agreement with the Municipality for supplementary farm dwellings. ATTACHMENTS 1. Application for Minor Variance A-06/23 Redsell 2. Arcadis Memorandum, dated June 22, 2023 3. Aerial map – 7363 Coyle Road RECOMMENDATION THAT the Committee of Adjustment Secretary/Treasurer’s report DS-41/23 regarding the Redsell 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) of the Planning Act and is considered minor; THEREFORE application A-06/23 submitted by Matthew Redsell and Dorothee Astbury 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 one supplementary farm dwelling unit in a portion of the existing primary dwelling with maximum floor area of 106 m2 and maximum capacity of two (2) year-round farm workers and a second supplementary farm dwelling unit in a portion of an existing permanent barn (north barn) with floor area maximum of 38 m2 and maximum capacity of two (2) year-round farm workers. Condition: A Development Agreement for the supplementary farm dwellings 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 Chief Administrative Officer IBI Group Professional Services (Canada) Inc. is a member of the IBI Group of companies Memorandum To/Attention Municipality of Bayham Date June 22, 2023 From Paul Riley Project No 3404 - 907 cc William Pol, MCIP, RPP Subject Matthew Redsell and Dorothee Astbury - Application for Minor Variance to Zoning By-law Z456-2003 - 7363 Coyle Road 1. We have completed our review of Minor Variance application A-06/23, submitted by Matthew Redsell and Dorothee Astbury for lands located at 7363 Coyle Road, west side, north side of Jackson Line. The variance is to permit supplementary farm dwelling accommodations as a permitted use in the form of two separate units in two existing buildings on the subject lands. 2. The subject lands are designated Agriculture and ‘Natural Gas Reservoir’ on Schedule ‘A1’ (Municipality of Bayham: Land Use and Constraints) and a portion of the lands are identified as ‘Hazard Lands’ on Schedule ‘A2’ (Municipality of Bayham: Constraints) of the Official Plan. Map No. 9 of the Zoning By-law zones the subject lands Agricultural (A1) and westerly portions of the subject lands are identified within the LPRCA Regulation Limit. 3. The subject lands have lot area of 20.7 ha (51 acres), lot frontage of 212 m (695 ft) and lot depth of 976 m (3,202 ft). The subject lands comprise several barns and other agricultural buildings/structures and a dwelling. The surrounding land uses are agricultural in all directions as well as a rural residential lot to the west. The farm building cluster where the proposed supplementary farm dwellings are located appears to be well screened from adjacent uses based on recent aerial photos. The natural hazard / LPRCA Regulation Limit features identified as constraints are not impacted by adding supplementary farm dwelling units in existing buildings. 4. The applicant is proposing one supplementary farm dwelling unit in a portion of the existing dwelling with maximum floor area of 106 m2 (1,141 ft2) and maximum capacity of two (2) year-round farm workers and one portion of an existing permanent barn with floor area maximum of 37.2 m2 (400 ft2) and maximum capacity of 2 year-round farm workers. IBI GROUP MEMORANDUM Municipality of Bayham – June 22, 2023 Arcadis Professional Services (Canada) Inc. 2 5. 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 a minimum of 2 workers, the units can accommodate up to 4 total workers, to assist with the farm operation, primarily growing organic seeds for vegetable oils as well as milling flour year round. b) Existing Dwellings: The applicant constructed an addition to the primary dwelling for worker accommodations and intends to renovate a former apartment in a portion of a barn for a second supplementary dwelling unit. c) Location: The proposed buildings are within the farm building cluster with existing vegetative screening, and private water and sewer are existing and can be shared among the units. d) Size and Type: the combined supplementary farm dwelling floor area is less than 144 m2 which is less than the preferred maximum for permanent buildings, therefore, the size of the units is adequate. e) Services: The supplementary dwellings will share the existing well water and a septic system. 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. 6. 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 use of 2 supplementary farm dwellings in portions of two existing buildings with floor area of 144 m2 for up to 2 workers per unit year-round 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 growing and processing the organic seeds, oils and flour, including livestock used for production of crops for organic farming. There are no sensitive uses in proximity to the proposed supplementary dwelling and the scale of the dwellings, up to 4 labourers, is appropriate. IBI GROUP MEMORANDUM Municipality of Bayham – June 22, 2023 Arcadis Professional Services (Canada) Inc. 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) zoning. 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 supplementary farm dwelling units to accommodate up to 4 seasonal labourers on the subject lands maintains the general intent and purpose of the Official Plan. 7. Based on the above review of Minor Variance application A-06/23, it is our recommendation that the proposed Minor Variance be approved to permit one supplementary farm dwelling unit in a portion of the existing primary dwelling with maximum floor area of 106 m2 and maximum capacity of two (2) year-round farm workers and one portion of an existing permanent barn with floor area maximum of 38 m2 (409 ft2) and maximum capacity of 2 year-round farm workers subject to the owner/applicant entering into an agreement with the Municipality for, but not limited to:  Establishing the maximum of 4 seasonal workers accommodated at one time;  Decommissioning of the supplementary farm dwelling units no more than two (2) years after the existing farm operation need has ceased;  That the buildings and site be maintained in accordance with the By-laws of the Municipality of Bayham;  Establishing the year-round 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 Arcadis Paul Riley Consulting Planner to the Municipality of Bayham © Latitude Geographics Group Ltd. 0.4 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Kilometers0.4 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.220 1:8,815 7363 Coyle Road Elgin County Parcels E911 Boundary Elgin Road Network Elgin Road Network Elgin Road Network Lagoons World Imagery REPORT DEVELOPMENT SERVICES TO: Committee of Adjustment Members FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment DATE: July 6, 2023 REPORT: DS-42/23 FILE NO. C-07 / D12.HOLC Roll # 34-01-000-005-10700 SUBJECT: Committee of Adjustment Minor Variance A-07/23 Holcombe 53665 and 53693 Pressey Road BACKGROUND: Anthony and Deborah Holcombe have submitted a minor variance application for their property located at 53665/53693 Pressey Road, Concession 10 N Pt Lot 2. The property is designated “Agriculture” and “Natural Gas Reservoir” on Schedule ‘A1’ Municipality of Bayham: Land Use of the Official Plan and zoned as Agricultural (A1) on Schedule ‘A’ Map No. 1 of Zoning By-law No. Z456-2003. The purpose of the variance is to grant relief from Zoning By-law regulations in Section 4.2 c) and 4.2 d) to permit an accessory building to be located in the front yard and closer to the street than the main building is to that street, for lands located at 53665 and 53693 Pressey Road, south side, east of Springer Hill Road. The effect of this variance will be to permit a new accessory building (garage) to be located on the east side of the property in the front yard and closer to Pressey Road than the dwelling, in the area of a former dwelling and accessory building 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 June 22, 2023 outlines the full analysis of the four “tests” and the variance required for compliance. Staff and planner concur the application meets the criteria and recommends the minor variance to provide relief from Zoning By-law Sections 4.2 c) and d) to permit a new accessory building in the front yard and closer to the street than the dwelling. Staff Report DS-42/23 Holcombe Page 2 ATTACHMENTS 1. Application for Minor Variance A-07/23 Holcombe 2. Arcadis Memorandum, dated June 22, 2023 3. Aerial map – 53665/53695 Pressey Road RECOMMENDATION THAT the Committee of Adjustment Secretary/Treasurer’s report DS-42/23 regarding the Holcombe 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) of the Planning Act and is considered minor; THEREFORE application A-07/23 submitted by Anthony and Deborah Holcombe 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:  Sections 4.2 c) and 4.2 d) to permit a new accessory building in the front yard and closer to the street than the dwelling in the A1 zone. Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Secretary/Treasurer Committee of Adjustment Chief Administrative Officer 203-350 Oxford Street West London, ON, N6H 1T3 902-442-9844 ext. 63008 Memorandum To/Attention Municipality of Bayham Date June 22, 2023 From Paul Riley, BA, CPT Project No 3404-908 cc William Pol, MCIP, RPP Subject Anthony and Deborah Holcombe - Application for Minor Variance to Zoning By-law #Z456-2003 - 53665 and 53693 Pressey Line 1. We have completed our review of Minor Variance application A-07/23, submitted by Anthony and Deborah Holcombe for lands located at 53665 and 53693 Pressey Line, south side, east of Springer Hill Road. The applicant is requesting a variance to grant relief from Zoning By-law regulations in Section 4.2 c) and 4.2 d) to permit an accessory building to be located in the front yard and closer to the street than the main building is to that street whereas accessory buildings are not permitted in such locations. 2. The subject lands are designated as ‘Agriculture’ and ‘Natural Gas Reservoir’ on Schedule ‘A1’ – Mun. of Bayham: Land Use of the Bayham Official Plan. The subject lands are zoned as Agricultural (A1) on the Mun. of Bayham Zoning By- law No. Z456-2003 (ZBL). The subject lands have lot area of 1.25 ha (3.08 acres), lot frontage of 158 metres (519.7 feet) and lot depth of 75.9 metres (248.9 feet). The surrounding land uses are agricultural to the north and south and residential to the east and west. 3. Section 45(1) of the Planning Act outlines the four “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? The proposed accessory building location is due to the existence of a second dwelling and accessory building area with separate driveway access which are being removed and these lands would be flat and cleared of vegetation which is suitable for a new building. The dwelling is located to the rear of the lot which creates a deep front yard based on the definition for front yard in the ZBL. The treed nature of the lands would limit visibility of the new accessory building being closer to the street than the main building is to that street. The proposed variance is minor in nature. ARCADIS MEMORANDUM Municipality of Bayham – June 22, 2023 2 Is the variance desirable for the use of the lands? The proposed variance is desirable for the use of the subject property given that the applicant is making improvements to the lands which improves their quality of life and the apparent existing vegetation/trees would limit any potential visual impacts of an accessory building in the front yard. The flat and cleared nature of the former dwelling lands where the accessory building is proposed would avoid undue clearing of trees and is optimal for foundation construction. The proposed variance would facilitate an adequate location for an accessory building for accessory use that is complementary to the primary use of the subject property and is therefore a desirable use of the lands. Does the variance maintain the general intent and purpose of the Zoning By-law? Section 4.2 of the Zoning By-law does not permit accessory buildings in the front yard and does not permit accessory buildings to be built closer to the street than the main building. The intent and purpose of the regulations is generally to avoid accessory buildings closer to the street than the dwelling for aesthetic purposes and to avoid undue noise or activity carried out in association with the accessory building from the public street. The location of the existing dwelling to the rear of the lands and the existing cleared and flat area from the former dwelling lands, in addition to existing vegetation providing screening would maintain the general intent and purpose of the ZBL. Does the variance maintain the general intent and purpose of the Official Plan? The general intent and purpose of the ‘Residential’ land use designation is to permit single-detached residential dwellings. The proposed accessory structure would be a complementary accessory use to the primary existing Residential land use and maintains the general intent and purpose of the Official Plan. 4. Based on our review of the application and the tests for a minor variance, we have no objection provide relief from ZBL Sections 4.2 c) and 4.2 d) to permit a new accessory building in the front yard and closer to the street than the dwelling. Paul Riley Arcadis Paul Riley, BA, CPT Consulting Planner to the Municipality of Bayham © Latitude Geographics Group Ltd. 0.1 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Kilometers0.1 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.060 1:2,204 53665/53693 Pressey Road Elgin County Parcels E911 Boundary Elgin Road Network Elgin Road Network Elgin Road Network Lagoons World Imagery