HomeMy WebLinkAboutJuly 06, 2023 - Planning - Committee of AdjustmentTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COMMITTEE OF ADJUSTMENT MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers — HYBRID
Thursday, 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:
STAFF PRESENT:
CAO
CLERK
SECRETARY/TREASURER
PUBLIC ATTENDEES A:
PUBLIC ATTENDEES B:
PUBLIC ATTENDEES C:
PUBLIC ATTENDEES D:
1. CALL TO ORDER
Chair Ketchabaw called the meeting to order at 5:30 p.m.
ED KETCHABAW
RAINEY WEISLER
TIMOTHY EMERSON
DANFROESE
SUSAN CHILCOTT
THOMAS THAYER 'via Zoom
MEAGAN ELLIOTT
MARGARET UNDERHILL
N/A
N/A
MAT REDSELL
N/A
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;
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
13_ 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.
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16. APPLICATION
C. Minor Variance Application A-06123 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.
WINTEWD
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.
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 Al 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:
HA R P t R ON SECR ARY TREASURE