HomeMy WebLinkAboutSeptember 21, 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, September 21, 2023
6:45 p.m.
A. Minor Variance Application A-09/23 Wall – 17 King Street East
The September 21, 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
1. CALL TO ORDER
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
3. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Committee of Adjustment Meeting held July 6, 2023
4. APPLICATION
A. Minor Variance Application A-09/23 Wall – 17 King Street East
THE PURPOSE of the variance is to permit the extension of a legal non-conforming use in the
OS-1 zone where a residential use is not permitted under the current and in-force Zoning By-law.
Additionally, the proposed variance would grant relief from the Zoning By-law regulations in
Section 10.5 to permit a maximum height of 7.1 metres, whereas a maximum height of 7.0 metres
is permitted for the lands located at 17 King Street East, north side, west of North Street.
THE EFFECT of this variance will be to permit a second storey addition to the existing residential
dwelling unit which is a legal non-conforming use in the OS-1 zone.
5. STAFF PRESENTATION
A. Report DS-53/23 by Margaret Underhill, Secretary/Treasurer re Committee of Adjustment
Minor Variance A-09/23 Wall, 17 King Street East
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, 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 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 THOMAS THAYER *via Zoom
CLERK MEAGAN ELLIOTT
SECRETARY/TREASURER MARGARET UNDERHILL
PUBLIC ATTENDEES A: N/A
PUBLIC ATTENDEES B: N/A
PUBLIC ATTENDEES C: MAT REDSELL
PUBLIC ATTENDEES D: N/A
1. CALL TO ORDER
Chair Ketchabaw called the meeting to order at 5:30 p.m.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
3. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Committee of Adjustment Meeting held April 20, 2023
Moved by: Committee Member Chilcott
Seconded by: Committee Member Weisler
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THAT the minutes from the Committee of Adjustment Meeting held April 20, 2023 be
approved as presented.
CARRIED
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.
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
Secretary/Treasurer M. Underhill presented Report DS-39/23.
6. PRESENTATIONS BY APPLICANT/AGENT
No presentations.
7. PUBLIC SUBMISSIONS
Secretary/Treasurer M. Underhill noted one (1) item of correspondence received after the posting
of the agenda from Richard and Christine Stewart in support of the application.
8. COMMITTEE QUESTIONS AND DISCUSSION
No questions.
9. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Emerson
Seconded by: Committee Member Chilcott
THAT the Committee of Adjustment Secretary/Treasurer’s report DS-39/23 regarding the
Flett minor variance be received;
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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.
CARRIED
10. APPLICATION
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 (1044.2 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.
11. STAFF PRESENTATION
B. Report DS-40/23 by Margaret Underhill, Secretary/Treasurer re Committee of Adjustment
Minor Variance A-05/23 Toms 26 Chatham Street
Secretary/Treasurer M. Underhill presented Report DS-40/23 and noted correspondence was
received from LPRCA on July 5, 2023 stating no objection to the concept of the application.
12. PRESENTATIONS BY APPLICANT/AGENT
No presentations.
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13. PUBLIC SUBMISSIONS
No public submissions.
14. COMMITTEE QUESTIONS AND DISCUSSION
No questions.
15. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Emerson
Seconded by: Committee Member Weisler
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 result of construction) whereas 75 m2 is the
permitted maximum in the R1 Zone.
CARRIED
16. APPLICATION
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.
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17. STAFF PRESENTATION
C. Report DS-41/23 by Margaret Underhill, Secretary/Treasurer re Committee of Adjustment
Minor Variance A-06/23 Redsell & Astbury 7363 Coyle Road
Secretary/Treasurer M. Underhill presented Report DS-41/23 and noted correspondence was
received from LPRCA on July 5, 2023 stating no objection to the concept of the application.
18. PRESENTATIONS BY APPLICANT/AGENT
Applicant Mat Redsell was present and spoke to the Committee about his application. Mr.
Redsell explained that year round accommodations for his future worker is required for his
operations to continue.
19. PUBLIC SUBMISSIONS
No public submissions.
20. COMMITTEE QUESTIONS AND DISCUSSION
Chair Ketchabaw inquired on the difference between secondary dwelling and supplementary
dwelling and the usual permitted occupancy timelines. Secretary/Treasurer M. Underhill
explained that secondary dwellings are permanent use and not be used for supplementary farm
help and that supplementary farm dwellings are normally for seasonal use April through
November. Further she explained that the application for consideration by the Committee is
requesting permission to use the supplementary farm dwelling for year-round full-time farm help.
The Committee asked clarifying questions surrounding the application and the number of people
permitted to occupy the proposed second supplementary farm dwelling. Secretary/Treasurer M.
Underhill confirmed that the application is requesting two (2) and that the total number of people
that will be permitted to occupy the second supplementary farm dwelling (apartment) is two (2).
Committee Member Weisler inquired about LPRCA and their comments regarding a required
permit. Secretary/Treasurer M. Underhill explained that the LPRCA noted that a permit is
required for the supplementary farm dwelling addition made to the primary dwelling as it falls
within the regulated area. Further she noted that the question was asked of LPRCA regarding
issuing a permit “after the fact” as the addition has already been completed, however a response
was not received prior to the meeting.
21. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Weisler
Seconded by: Committee Member Chilcott
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;
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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.
CARRIED
22. APPLICATION
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.
23. STAFF PRESENTATION
D. Report DS-42/23 by Margaret Underhill, Secretary/Treasurer re Committee of Adjustment
Minor Variance A-07/23 Holcombe 53665 & 53693 Pressey Road
Secretary/Treasurer M. Underhill presented Report DS-42/23.
24. PRESENTATIONS BY APPLICANT/AGENT
No presentations.
25. PUBLIC SUBMISSIONS
No public submissions.
26. COMMITTEE QUESTIONS AND DISCUSSION
No questions.
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27. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Chilcott
Seconded by: Committee Member Weisler
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.
CARRIED
28. ADJOURNMENT
Moved by: Committee Member Froese
Seconded by: Committee Member Chilcott
THAT the Committee of Adjustment Meeting for consideration of Minor Variance Applications A-
04/23, A-05/23, A-06/23 & A-07/23 be adjourned at 6:03 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-09/23
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: RILEY AND NATALIE WALL
LOCATION: 17 KING STREET EAST, VIENNA
TAKE NOTICE that the Municipality of Bayham has received a complete application for a
proposed Minor Variance (A-09/23).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold
a public meeting on Thursday, September 21st, 2023, at 6:45 p.m. 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. Committee of
Adjustment Meetings may be viewed virtually through the live-stream on the Municipality of
Bayham YouTube Channel: Bayham YouTube
THE PURPOSE of the variance is to permit the extension of a legal non-conforming use in the
OS-1 zone where a residential use is not permitted under the current and in-force Zoning By-law.
Additionally, the proposed variance would grant relief from the Zoning By-law regulations in
Section 10.5 to permit a maximum height of 7.1 metres, whereas a maximum height of 7.0 metres
is permitted for the lands located at 17 King Street East, north side, west of North Street.
THE EFFECT of this variance will be to permit a second storey addition to the existing residential
dwelling unit which is a legal non-conforming use in the OS-1 zone.
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 9:00 am on September 15, 2023 to be included in the Committee of
Adjustment agenda.
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 amendments may be obtained by
contacting the Municipal Office.
Dated at the Municipality of Bayham this 8th day of September 2023.
KEY MAP
MUNICIPALITY OF BAYHAM
Margaret Underhill
Planning Coordinator/Deputy Clerk
Municipality of Bayham
P.O. Box 160, 56169 Heritage Line
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: September 21, 2023
REPORT: DS-53/23 FILE NO. C-07 / D12.WALL
Roll # 34-01-004-001-22306 SUBJECT: Committee of Adjustment Minor Variance A-09/23 Wall
17 King Street East, Vienna
BACKGROUND:
Riley and Natalie Wall have submitted a minor variance application for their property located at
17 King Street East, Vienna. The property is designated “Open Space” with a partial “Flood
Fringe” and “Floodway” overlay on Schedule ‘C’ – Municipality of Bayham: Vienna of the Official
Plan and zoned as Open Space (OS-1) on Schedule ‘H’ of Zoning By-law No. Z456-2003.
The purpose of the variance is to permit the extension of a legal non-conforming use in the OS-1
zone where a residential use is not permitted under the current and in-force Zoning By-law.
Additionally, the proposed variance would grant relief from the Zoning By-law regulations in
Section 10.5 to permit a maximum height of 7.1 metres, whereas a maximum height of 7.0 metres
is permitted.
The effect of this variance will be to permit a second storey addition to the existing residential
dwelling unit, which is a legal non-conforming use in the OS-1 zone.
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 September 12, 2023, outlines the full analysis of the four “tests” and the
variances required for compliance.
The lands are subject to Long Point Region Conservation Authority (LPRCA) approval. LPRCA
reviewed the application and have provided comments and a copy of the permit issued in
August for the construction.
Staff Report DS-53/23 Wall Page 2
Staff and planner concur the application meets the criteria and recommends the minor variance
to provide relief under Section 45 of the Planning Act to permit the extension of a legal non-
conforming use in the form of an added second storey within the OS-1 Zone and relief from
Section 10.5 to permit a maximum height of 7.1 metres.
STRATEGIC PLAN
Not applicable.
ATTACHMENTS
1. Application for Minor Variance A-09/23 Wall
2. Arcadis Memorandum, dated September 12, 2023
3. Long Point Region Conservation Authority – correspondence, September 12, 2023
RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s report DS-53/23 regarding
the Wall 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(2) of the Planning Act and have no objection to the extension of a legal non-
conforming use given its compliance with the Planning Act and the applicable policies of
the Official Plan;
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-09/23 submitted by Riley and Natalie Wall pursuant to
Section 45 of the Planning Act for a minor variance, is granted to provide relief from
Municipality of Bayham Zoning By-law No. Z456-2003:
Section 10.5 to permit a maximum building height of 7.1 metres whereas
a maximum height of 7.0 metres is permitted
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC
Secretary/Treasurer Committee of Adjustment Chief Administrative Officer