HomeMy WebLinkAboutNovember 16, 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, November 16, 2023 6:45 p.m. A. Minor Variance Application A-08/23 Thiessen – 45 Chatham Street The November 16, 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 September 21, 2023
4. APPLICATION A. Minor Variance Application A-08/23 Thiessen – 45 Chatham Street THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations for
the property located at 45 Chatham Street, Port Burwell, west side: 1) Section 4.2 b) to permit a side yard width of 1.2 metres for an accessory building (garage),
being closer to the side lot line than the minimum requirement of 3.0 metres;
2) Section 4.2 c) to permit an accessory building (garage) to be located in the front yard;
3) Section 4.2 d) to permit an accessory building (garage) closer to the street than the main building is to that street, and;
4) Section 10.11 b) to permit a maximum height of 5.75 metres for an accessory building (garage), which is greater than the maximum permitted height of 4.5 metres. THE EFFECT of this variance will be to permit a new accessory building (garage) to be: (1) located closer to the side lot line than the minimum distance required; (2) located in the front yard of the subject property; (3) located closer to Chatham Street than the main building is to that
street; and (4) permit an increased height that exceeds the permitted maximum. 5. STAFF PRESENTATION
A. Report DS-60/23 by Margaret Underhill, Secretary/Treasurer re Committee of Adjustment Minor Variance A-08/23 Thiessen 45 Chatham Street
6. PRESENTATIONS BY APPLICANT/AGENT 7. PUBLIC SUBMISSIONS
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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, 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 was held using hybrid technologies via Zoom and livestreamed on YouTube. COMMITTEE MEMBERS PRESENT: ED KETCHABAW RAINEY WEISLER DAN FROESE SUSAN CHILCOTT *via Zoom
ABSENT: TIMOTHY EMERSON STAFF PRESENT: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT MANAGER OF PUBLIC WORKS/DRAINAGE
SUPERINTENDENT STEVE ADAMS FIRE CHIEF/BY-LAW ENFORCEMENT OFFICER HARRY BARANIK PUBLIC ATTENDEES A: N/A 1. CALL TO ORDER Chair Ketchabaw called the meeting to order at 6:48 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 July 6, 2023
Moved by: Committee Member Weisler Seconded by: Committee Member Froese THAT the minutes from the Committee of Adjustment Meeting held July 6, 2023 be approved as presented. CARRIED
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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
CAO Thayer presented Report DS-53/23.
6. PRESENTATIONS BY APPLICANT/AGENT
No presentations. 7. PUBLIC SUBMISSIONS No submissions. 8. COMMITTEE QUESTIONS AND DISCUSSION Committee Member Froese inquired on the provision of the current height restriction and if this is
something to consider changing overall in the future. CAO Thayer indicated a full Zoning By-law review will be coming to Council and may consider this at that time if desired. 9. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Weisler Seconded by: Committee Member Froese 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
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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
CARRIED 10. ADJOURNMENT Moved by: Committee Member Froese Seconded by: Committee Member Weisler THAT the Committee of Adjustment Meeting for consideration of Minor Variance Application A-09/23 be adjourned at 6:55 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-08/23
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: JOHAN AND HELENA THIESSEN
LOCATION: 45 CHATHAM STREET, PORT BURWELL
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-08/23).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, November 16, 2023, at 6:45 pm at the Municipal Council Chambers, 56169 Heritage Line, 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 also be viewed virtually through the live-stream on the Municipality of Bayham YouTube Channel: Bayham YouTube
THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations for the property located at 45 Chatham Street, Port Burwell, west side:
1) Section 4.2 b) to permit a side yard width of 1.2 metres for an accessory building (garage), being closer to the side lot line than the minimum requirement of 3.0 metres; 2) Section 4.2 c) to permit an accessory building (garage) to be located in the front yard;
3) Section 4.2 d) to permit an accessory building (garage) closer to the street than the main building is to that street, and; 4) Section 10.11 b) to permit a maximum height of 5.75 metres for an accessory building (garage), which is greater than the maximum permitted height of 4.5 metres.
THE EFFECT of this variance will be to permit a new accessory building (garage) to be: (1) located closer to the side lot line than the minimum distance required; (2) located in the front yard of the subject property; (3) located closer to Chatham Street than the main building is to that street; and (4) permit an increased height that 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. When possible, please consider
utilizing written correspondence to be submitted to the undersigned by 12:00 Noon on
November 15, 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 6th day of November 2023. 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
Village of Port Burwell
REPORT
DEVELOPMENT SERVICES
TO: Committee of Adjustment Members
FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment
DATE: November 16, 2023
REPORT: DS-60/23 FILE NO. C-07 / D12.THIE
Roll # 34-01-002-001-45300 SUBJECT: Committee of Adjustment Minor Variance A-08/23 Thiessen
45 Chatham Street, Port Burwell
BACKGROUND:
Johan and Helena Thiessen have submitted a minor variance application for their property
located at 45 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 1 (R1) on Schedule ‘I’ Port Burwell of Zoning By-law No. Z456-2003. The purpose of this variance is to grant relief from the following Zoning By-law regulations for the property located at 45 Chatham Street, Port Burwell, west side:
1) Section 4.2 b) to permit a side yard width of 1.2 metres for an accessory building (garage), being closer to the side lot line than the minimum requirement of 3.0 metres; 2) Section 4.2 c) to permit an accessory building (garage) to be located in the front yard; 3) Section 4.2 d) to permit an accessory building (garage) closer to the street than the main building is to that street, and;
4) Section 10.11 b) to permit a maximum height of 5.75 metres for an accessory building (garage), which is greater than the maximum permitted height of 4.5 metres.
The effect of this variance will be to permit a new accessory building (garage) to be: (1) located closer to the side lot line than the minimum distance required; (2) located in the front yard of the subject property; (3) located closer to Chatham Street than the main building is to that street; and, (4) permit an increased height that 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
Staff Report DS-60/23 Thiessen Page 2
memorandum, dated November 6, 2023, outlines the full analysis of the four “tests” and the variances required for compliance. The lands are not subject to Long Point Region Conservation Authority (LPRCA) approval. 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 construction of a detached garage.
STRATEGIC PLAN
Not applicable.
ATTACHMENTS
1. Application for Minor Variance A-08/23 Thiessen 2. Arcadis Memorandum, dated November 6, 2023
RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s report DS-60/23 regarding the Thiessen 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-08/23 by Johan and Helena Thiessen 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 4.2 b) to permit a side yard width of 1.2 metres for an accessory building (garage), being closer to the side lot line than the minimum requirement of 3.0 metres;
Section 4.2 c) to permit an accessory building (garage) to be located in the front yard;
Section 4.2 d) to permit an accessory building (garage) closer to the street than the main building is to that street, and;
Section 10.11 b) to permit a maximum height of 5.75 metres for an accessory building (garage), which is greater than the maximum permitted height of 4.5
metres.
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC
Secretary/Treasurer Committee of Adjustment Chief Administrative Officer
101-410 Albert Street Waterloo, ON, N2L 3V3
Memorandum
To/Attention Municipality of Bayham Date November 6, 2023
From Christian Tsimenidis, BES Project No 3404-918
cc William Pol, MCIP, RPP
Subject Johan and Helena Thiessen - Application for Minor Variance to Zoning By-law #Z456-2003 - 45 Chatham Street, Port Burwell
1. We have completed our review of Minor Variance application A-08/23, submitted
by Johan and Helena Thiessen for the subject property located at 45 Chatham
Street in Port Burwell. The application is requesting four (4) Minor Variances
under Section 45 of the PLANNING ACT to develop an accessory detached
garage, granting relief from the following Zoning By-law regulations:
Section 4.2 b) to permit a side yard width of 1.2 metres for an accessory
building (garage), being closer to the side lot line than the minimum
requirement of 3.0 metres;
Section 4.2 c) to permit an accessory building (garage) to be located in the front yard;
Section 4.2 d) to permit an accessory building (garage) closer to the
street than the main building is to that street, and;
Section 10.11 b) to permit a maximum height of 5.75 metres for an
accessory building (garage), which is greater than the maximum
permitted height of 4.5 metres.
2. The subject property is currently designated as ‘Residential’ in Schedule ‘D’ –
Port Burwell: Land Use and Constraints of the Bayham Official Plan. The subject
property is currently zoned as Village Residential (R1) in Schedule ‘I’ (Port
Burwell) of the Bayham Zoning By-law No. Z456-2003. The subject property has
a lot area of 1,183.1 square metres (12,734.5 square feet) and a lot depth of
57.9 metres (190 feet). The subject property is currently developed with a
single-detached dwelling, as well as an accessory shed in the rear yard. The
subject property is immediately surrounded by low-rise residential uses. The
adjacent property to the north is currently vacant with no buildings or structures
but is also designated and zoned for low-rise residential use.
3. 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
ARCADIS MEMORANDUM
Municipality of Bayham – November 6, 2023
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a minor variance to the Zoning By-law. The following provides an analysis of these four (4) tests for each of the proposed variances:
Do the variances maintain the general intent and purpose of the Official
Plan?
The ‘Residential’ land use designation is intended to encourage and support the
development of single-detached dwellings in order to maintain a low-rise
residential built-form. The proposed accessory structure to accommodate a
detached garage would be a complementary accessory use to the existing
single-detached dwelling on the subject property, given that no detached or
attached garage exists on-site today. Further, development within the
‘Residential’ land use designation shall be compatible with the existing adjacent
and surrounding land use. It is our opinion that the proposed scale, siting, and
orientation of the proposed accessory building are designed to respect the
existing surrounding properties and neighbourhood.
Therefore, it is our opinion that the proposed variances maintain the general
intent and purposes of the Bayham Official Plan.
Do the variances maintain the general intent and purpose of the Zoning
By-law?
Variance #1: To permit a side yard width of 1.2 metres for an accessory building (garage), being closer to the side lot line than the minimum requirement of 3.0
metres.
The intent and purpose of 4.2 b) of the Zoning By-law is to ensure adequate
separation between buildings is provided for functional and aesthetic purposes
from the side lot line. The Zoning By-law requires 1.2 metres on one interior side
yard, and 3.0 metres on the other side. As such, the existing single-detached
dwelling maintains an estimated 3.0 metre side yard depth on the north side,
and an estimated 1.2 metre side yard depth on the south side. The proposed
detached garage requires a side yard width of 1.2 metres on the north side of
the subject property.
It is our opinion that the proposed variance for a reduced side yard depth meets
the general intent and purpose of the Zoning By-law, as it will not present
significant impacts to the adjacent lot on the north side and surrounding area. As
previously noted, the adjacent lot to the north is currently vacant, however
should this lot be developed in the future, it is our opinion that the proposed 1.2
metre side yard width provides sufficient space for building separation. At a
minimum, the reduced side yard depth of 1.2 metres on the north side lot line
will meet the stipulated 1.2 metre requirement for the south side lot line to
provide sufficient separation distance. Therefore, it is our opinion that the
proposed variance meets the general intent and purpose of the Zoning By-law.
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Municipality of Bayham – November 6, 2023
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Variance #2: To permit an accessory building (garage) to be located in the front yard.
The intent and purpose of Section 4.2 c) of the Zoning By-law 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 applicant is proposing the detached garage
in the front yard, as there is insufficient space in the side and rear yards. The
existing single-detached dwelling is located approximately 34.6 metres from the
front lot line, which allows for a significant amount of space in the front yard to
accommodate the proposed detached garage. The proposed detached garage
would be located approximately 24.0 metres from the front lot line, thus reducing
negative visual impacts, as well as undue noise or activity from the proposed
structure to the public realm. Therefore, it is our opinion that the proposed
variance to permit the detached garage within the front yard meets the general
intent and purpose of the Zoning By-law.
Variance #3: To permit an accessory building (garage) closer to the street than the main building is to that street.
Similar to the above noted variance, the intent and purpose of Section 4.2 d) of
the Zoning By-law 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 applicant is
proposing the detached garage closer to the street than the main single-
detached dwelling, as there is insufficient space in the side and rear yards. The
existing rear yard depth is 5.38 metres, and the existing side yard depths are
3.65 and 2.43 metres. Given that the existing single-detached dwelling has a
front yard depth of approximately 34.6 metres, this provides an opportunity to
accommodate the proposed detached garage in the front yard.
It is our opinion that the proposed location of the detached garage, being closer
to Chatham Street than the single-detached dwelling, would not cause
significant impacts to the adjacent uses and surrounding area, as the applicant
is providing a front yard depth of 24.0 metres. This will reduce negative visual
impacts from the street, as well as undue noise or activity from the proposed
structure to the public realm. Therefore, it is our opinion that the proposed
variance to permit the detached garage closer to the street than the main
building is to that street meets the general intent and purpose of the Zoning By-
law.
Variance #4: To permit a maximum height of 5.75 metres for an accessory
building (garage), which is greater than the maximum permitted height of 4.5 metres.
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Municipality of Bayham – November 6, 2023
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The intent of Section 10.11 b) of the Zoning By-law to permit a maximum height of 4.5 metres for buildings and structures within the ‘R1’ Zone is to maintain the
low-rise built form of 1 to 2 storeys in height. It is our opinion the existing single-detached dwelling can be considered 1-storey in height. It is our opinion that the proposed height of 5.75 metres for the detached garage maintains the intended low-rise built form of the existing zone and surrounding area. Generally, 1 storey is 3.0 metres in height, therefore, 2 storeys is approximately 6.0 metres in height. The proposed height of 5.75 metres would be lower than a conventional 2 storey building or structure that is 6.0 metres tall. Further, the side lot line along the north side also features extensive landscape buffering with existing trees, thus providing a visual buffer from the proposed detached garage should there be concerns of overlook. Therefore, it is our opinion that the proposed variance meets the general intent and purpose of the Zoning By-law, as it maintains compatibility with the intended low-rise built form.
Are the variances minor in nature?
It is our opinion that the requested variances are minor in nature, as the reduced
side yard depth, accessory building in the front yard and closer to the street than
the main building, as well as the increased height will not present any significant
impacts to adjacent properties or the overall neighbourhood. The overall
proposed scale, siting, and orientation of the proposed accessory building are
designed to respect the existing surrounding properties and neighbourhood.
Notably, the existing single-detached dwelling is approximately 126 m2 (1,356.2
ft2), whereas the proposed detached garage is approximately 77.9 m2 (838.5 ft2)
which is still smaller and subordinate to the main dwelling on the subject
property.
Are the variances desirable for the appropriate development or use of the
lands?
It is our opinion that the proposed variances are desirable for the appropriate
development or use of the land, as they will facilitate the construction of a
detached garage on the subject property which is permitted in the Zoning By-
law. Currently, the subject property does not accommodate any existing
attached or detached garage. Staff is of the opinion that the proposed scale,
design, siting, and orientation of the detached garage are complementary to the
existing site and surrounding neighbourhood and can therefore be considered
desirable for the appropriate development or use of the land.
4. Based on our review of this application and the four (4) tests for a minor
variance, we have no objection to the proposed minor variances to provide
relief from the following Zoning By-law regulations for the construction of a
detached garage on the subject property:
Section 4.2 b) to permit a side yard width of 1.2 metres for an accessory
building (garage), being closer to the side lot line than the minimum
requirement of 3.0 metres;
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Municipality of Bayham – November 6, 2023
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Section 4.2 c) to permit an accessory building (garage) to be located in the front yard;
Section 4.2 d) to permit an accessory building (garage) closer to the
street than the main building is to that street, and;
Section 10.11 b) to permit a maximum height of 5.75 metres for an
accessory building (garage), which is greater than the maximum
permitted height of 4.5 metres.
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc.
Christian Tsimenidis, BES Consulting Planner to the
Municipality of Bayham