HomeMy WebLinkAboutDecember 07, 2023 - Planning - Committee of Adjustment THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COMMITTEE OF ADJUSTMENT AGENDA
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers — HYBRID
Thursday, December 7, 2023
6:45 p.m.
A. Minor Variance Application A-10/23 Hiebert— 6 MacNeil Court
The December 7, 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 November 16, 2023
4. APPLICATION
A. Minor Variance Application A-10/23 Hiebert—6 MacNeil Court
THE PURPOSE of this variance is to grant relief from Section 10.12.7.4 in the Zoning By-law to
permit a Maximum Building Coverage of 49%, whereas 40% is the permitted maximum in the R1-
7 Zone, for the property located at 6 Macneil Court, Port Burwell (Lot 4, Plan 11 M188).
THE EFFECT of this variance will be to accommodate a new single-detached dwelling on the
subject property that exceeds the maximum permitted building coverage.
5. STAFF PRESENTATION
A. Report DS-63423 by Margaret Underhill, Secretary/Treasurer re Committee of Adjustment
Minor Variance A-10/23 Hiebert— 6 MacNeil Court
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, 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 was held using hybrid
technologies via Zoom and livestreamed on YouTube.
COMMITTEE MEMBERS PRESENT: ED KETCHABAW
RAINEY WEISLER *via Zoom
TIMOTHY EMERSON
DAN FROESE
SUSAN CHILCOTT
STAFF PRESENT:
CAO THOMAS THAYER
CLERK MEAGAN ELLIOTT
SECRETARY/TREASURER MARGARET UNDERHILL
MANAGER OF CAPITAL PROJECTS /
WATER/WASTEWATER ED ROLOSON
PUBLIC ATTENDEES A: JOHAN THIESSEN
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. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Committee of Adjustment Meeting held September 21, 2023
Moved by: Committee Member Froese
Seconded by: Committee Member Chilcott
THAT the minutes from the Committee of Adjustment Meeting held September 21, 2023 be
approved as presented.
CARRIED
4. APPLICATION
A. Minor Variance Application A-08/23 Thiessen —45 Chatham Street
2
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
Secretary/Treasurer M. Underhill presented Report DS-60/23.
6. PRESENTATIONS BY APPLICANT/AGENT
Applicant was present but did not present.
7. PUBLIC SUBMISSIONS
No public submissions.
8. COMMITTEE QUESTIONS AND DISCUSSION
No committee questions.
9. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Emerson
Seconded by: Committee Member Froese
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
3
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.
CARRIED
10. ADJOURNMENT
Moved by: Committee Member Chilcott
Seconded by: Committee Member Froese
THAT the Committee of Adjustment Meeting for consideration of Minor Variance Application A-
08/23 be adjourned at 6:51 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-10/23
g,�YH NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM
OppOxtunity 15-"
APPLICANT: DAVID HIEBERT
LOCATION: 6 MACNEIL COURT, PORT BURWELL
(LOT 4, PLAN 11 M188)
TAKE NOTICE that the Municipality of Bayham has received a complete application for a
proposed Minor Variance (A-10/23).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of
Bayham will hold a public meeting on Thursday, December 7, 2023, at 6:45 pm in 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 Section 10.12.7.4 in the Zoning By-law to
permit a Maximum Building Coverage of 49%, whereas 40% is the permitted maximum in the R1-
7 Zone, for the property located at 6 Macneil Court, Port Burwell (Lot 4, Plan 11 M188).
THE EFFECT of this variance will be to accommodate a new single-detached dwelling on the
subject property that exceeds the maximum permitted building coverage.
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 November 30, 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 minor variance may be obtained by
contacting the Municipal Office.
Dated at the Municipality of Bayham this 24th day of November 2023.
KEY MAP
MUNICIPALITY OF BAYHAM
Margaret Underhill
1 Planning Coordinator/Deputy Clerk
Municipality of Bayham
P.O. Box 160, 56169 Heritage Line
% Straffordville, ON, NOJ 1Y0
UCIJEILCOURT S T: 519-866-5521 Ext 222
F: 519-866-3884
E: munderhillCcD-bayham.on.ca
W: www.bavham.on.ca
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SUBJECTLAHDS
Village of Port Burwell
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REPORT
o �y DEVELOPMENT SERVICES
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TO: Committee of Adjustment Members
FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment
DATE: December 7, 2023
REPORT: DS-63/23 FILE NO. C-07/ D12.HIEB
Roll # 34-01-002-001-00656
SUBJECT: Committee of Adjustment Minor Variance A-10/23 Hiebert, D
6 MacNeil Court, Port Burwell
BACKGROUND:
David Hiebert has submitted a minor variance application for property located at 6 MacNeil
Court, Port Burwell (Lot 4, Plan 11 M188). The property is designated "Residential" on Schedule
`D' — Port Burwell: Land Use and Constraints of the Official Plan and zoned as site-specific
Village Residential 1 (R1-7) on Schedule `I' Port Burwell of Zoning By-law No. Z456-2003.
The purpose of this variance is to grant relief from Section 10.12.7.4 in the Zoning By-law to permit
a Maximum Building Coverage of 49 percent, whereas 40 percent is the permitted maximum in
the R1-7 Zone.
The effect of this variance will be to accommodate a new single-detached dwelling on the subject
property that exceeds the maximum permitted building coverage.
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 November 29, 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.
Staff Report DS-63/23 Hiebert Page 2
STRATEGIC PLAN
Not applicable.
ATTACHMENTS
1. Application for Minor Variance A-10/23 Hiebert
2. Arcadis Memorandum, dated November 29, 2023
RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer's report DS-63/23 regarding
the Hiebert 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-10/23 by David Hiebert 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 10.12.7.4 to permit a Maximum Building Coverage of 49 percent,
whereas 40 percent is the permitted maximum for a new single-detached
dwelling on the subject property
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC
Secretary/Treasurer Committee of Adjustment Chief Administrative Officer
File No. A_ I D O J
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P�"FaeieyIsNo APPLICATION FOR R E E I E
MINOR VARIANCE NOV 0 7 2023
Planning Act, R.S.O. 1990, O. Reg 200/96 as amended MUNICIPALITY OFBAYHAM
The undersigned hereby applies to the Committee of Adjustment for the
MUNICIPALITY OF BAYHAM
56169 Heritage Line
P.O. Box 160
STRAFFORDVILLE. ON NOJ 1 YO
Telephone: 519-866-5521 - Fax: 519-866-3884
Under Section 45 of the Planning Act, R.S.O. 1990 for relief, as described in this application,
from By-Law No. Z456-2003 (as amended) Municipality of Bayham.
Application to be accompanied by the fee of$2000.00 in cash or cheque made payable to the
Municipality of Bayham.
1. OWNER(S)
a) Name (�-
b) Mailing Address A' mCkC�
c) Telephone No. Home: S 1R__cAor _ ey-01? Work: G
d'i Email Address - (r%�=�U�- �'1 CGOr\
Fax No.
2. SOLICITOR/AUTHORIZED AGENT
a) Name
b) Mailing Address
c) Telephone No. Home: Work:
d) Fax No.
Send correspondence to: Owner(s) Solicitor/Authorized Agent
FOR OFFICE USE ONLY
Application No.: —�p 3 File No:'D/d,/�� Date/Time of Meeting: De G v
7
Date Received:1yp V 77 a3 Fee Received: aoo o. o O Paid By: ��d ��jr r e7�oesS7C� `ilv✓7/j3
Deemed Complete:Nd✓�� Receipt* d zlo77 0 d� Committee Decision:
24/05/2017
Minor Variance 2016
Municipality of Bayham
Application for Minor Variance
Page 2
3, Names and address of any mortgages, holders and charges or other encumbrances:
Name Address
4, Location of Land
a) Lot and Plan or Concession#: 1�� �—
b) Street/911 #& Name:Gj + t�
c) Roll# 34-01- OpI 00 1
' . Nature and extent of relief applied for:
w-toQ—
NOTE: In the case of a Supplementary farm dwelling, a Development Agreement is required.
S. Why is it not possible to comply with the provisions of the By-law?
7. Dimensions of the entire subject land affected:
a) Frontage (m)
b) Depth (m) L -3 ,o m
c) Area (sq.m/ha) �. 3(.�3 mcur- ao r i 3C�
nn -- -
8. Particulars of all buildings and structures on or proposed for the subject land (specify
ground floor area, gross floor area, number of storeys,width, length, height, etc.)
a) Existing
4 ti—
b) Proposed 00 G'rl b
24/05/2017
Minor Variance 2016
Municipality of Bayham
Application for Minor Variance
Page 3
9. Date of purchase of subject land: 3
10. Date of construction of all buildings and structures on subject lands: t �
11. Existing uses of the subject property: OCAC C'4'
12. Length of time and existing uses to the subject property have continued: n
13. Existing uses of abutting properties:
a) North �e '���� fC�\ 11�10�4?-
b) East
c) South
d) West Kzv 14. Services available(check appropriate space(s))
a) Method of Water Supply(if applicable)
Public Water Supply System li Private Individual Well ❑
Private Communal Well 0
❑ Other(please specify)
b) Method of Sanitary Waste Disposal (if applicable)
Private Septic Tank and Private Communal System
Tile Field System t Public Sanitary Sewer System
❑ Other(please specify)
16. Present Official Plan designation:
16. Present Zoning Bylaw classification: t ��-
17. Has the owner previously applied for a minor variance in respect to the subject property?
Yes ❑ No D.
If Yes, describe briefly:
18. Is the property the subject of a current application of consent/severance?
Yes ❑ No
24/05/2017
Minor Variance 2016
STATUTORY DECLARATION
I of the
Name of Applicant(s)
h� in the �c�( Z j(yJCA A
(Ciey, Municipality, Town, Tow hip) (County/District/Region)
SOLEMNLY DECLARE / AFFIRM THAT to the best of my/our knowledge and belief, all of the
information, exhibits and statements provided in this application as required under Section 45
of the Planning Act R.S.O. 1990 and Ontario Regulation 200/96 as amended are true;
THAT I/We shall assume responsibility for any additional costs exceeding the deposited amount
related to the said application and understand and agree that payment of said additional costs
shall be a condition of this signed application. IMe also agree to accept all costs as rendered;
AND 1/We make this solemn Declaration conscientiously believing it to be true, and knowing
that it is of the same force and affect as if made under oath and by virtue of the "Canada
Evidence Act".
DECLARED before me at the:
(City, Municipality,Town,Township) I Signature of Applicant or Authorized Agent
in thed(
(County/District/Region) ) Signature of Applicant
}
this _day of , 209�
J Signature of Applicant
r
1
5
A Commissioner, etc.
h1 tlaL`..''-T ija:i.dFV, s * If authorized agent, a letter of authorization from
=flrt.=C,--I.' '''" ' cI"!b the owner of the property must accompany this
application.
24/05/2017
Minor Variance 2016
12.500
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04ARCADIS
101-410 Albert Street
Waterloo, ON, N2L 3V3
Memorandum
To/Attention Municipality of Bayham Date November 29, 2023
From Christian Tsimenidis, BES Project No 3404-921
cc William Pol, MCIP, RPP
Subject David Hiebert - Application for Minor Variance to Zoning By-law
#Z456-2003 - 6 Macneil Court, Port Burwell (Lot 4, Plan
11M188)
1. We have completed our review of Minor Variance Application A-10/23,
submitted by David Hiebert for the subject property located at 6 Macneil Court
(Lot 4, Plan 11 M188) in Port Burwell. The applicant is requesting one (1) Minor
Variance under Section 45 of the Planning Act to grant relief from Section
10.12.7.4 in the Zoning By-law to permit a Maximum Building Coverage of 49%,
whereas 40% is the permitted maximum. The applicant intends to develop a
new single-detached dwelling on the subject property, which is currently vacant.
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 (R1-7) with a Site-Specific
Exception in Schedule `I' (Port Burwell) of the Bayham Zoning By-law No. Z456-
2003. The subject property has a lot area of 450 square metres (4,843.76
square feet) and a lot depth of 36 metres (118.1 feet). The subject property is
currently vacant, as it is part of a new subdivision. The subject property is
surrounding by vacant or built lots, including low-rise residential uses, notably 1-
storey single-detached dwellings along Macneil Court and within existing
neighbourhood. The lands to the south are currently vacant, however, should
these lands be developed in the future, they are currently designated and zoned
for low-rise residential uses.
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
a minor variance to the Zoning By-law. The following provides an analysis of
these four (4) tests with respect to the proposed minor variance:
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
ARCADIS MEMORANDUM 2
Municipality of Bayham—November 29,2023
residential built-form. Further, development within the `Residential' land use
designation shall be compatible with the existing adjacent and surrounding land
uses.
It is our opinion that the proposed variance for an increased maximum lot
coverage of 49% to facilitate the construction of a single-detached dwelling will
maintain the general intent and purpose of the Official Plan. The proposed
single-detached dwelling is a permitted use in the `Residential' land use
designation and will maintain the low-rise residential built-form of the
surrounding area. The applicant is proposing a 1-storey single-detached
dwelling with an attached garage, which is similar in built-form and scale to the
existing development in the immediate area. Further, it is our opinion that the
proposed scale, siting, and orientation of the proposed single-detached dwelling
maintains compatibility with the existing adjacent and surrounding land uses.
Therefore, it is our opinion that the proposed variance maintains the general
intent and purpose of the Bayham Official Plan.
Do the variances maintain the general intent and purpose of the Zoning
By-law?
The intent and purpose of Section 10.12.7.4 in the Zoning By-law regarding
Maximum Lot Coverage is to ensure there is sufficient space for setbacks,
parking, landscaping, and maintaining aesthetically pleasing neighbourhood
streetscapes.
It is our opinion that the proposed variance for an increased maximum lot
coverage of 49% meets the general intent and purpose of the Zoning By-law, as
it will not present significant impacts to adjacent lots and surrounding
neighbourhood. The proposed single-detached dwelling will meet all minimum
setback requirements and other provisions pertaining to the R1-7 Zone. This will
provide sufficient separation distance between proposed building and the front,
rear, and interior side lot lines. Further, it is our opinion that the proposed
maximum lot coverage will still provide a sufficient balance between proposed
building area and landscaped area on the subject property in order to maintain
the neighbourhood streetscape. It is our opinion that the proposed variance
allows for sufficient leisure space in the rear and front yard for residents, given
that the minimum setbacks are met. The proposed development will also
maintain the intended low-rise residential built-form contemplated by the Zoning
By-law for the R1-7 Zone.
Therefore, it is our opinion that the proposed variance meets the general intent
and purpose of the Zoning By-law.
Are the variances minor in nature?
It is our opinion that the requested variance is minor in nature, as the proposed
lot coverage exceedance of 9% will not significantly impact usability of the
subject property and will not present any significant impacts to the
ARCADIS MEMORANDUM 3
Municipality of Bayham—November 29,2023
neighbourhood. It is our opinion that the overall scale, siting, and orientation of
the proposed single-detached dwelling is designed to respect the existing low-
rise residential neighbourhood.
Are the variances desirable for the appropriate development or use of the
lands?
It is our opinion that the proposed variance is desirable for the appropriate
development or use of the land, as it will facilitate the construction of a new
single-detached dwelling on the subject property that is currently vacant. The
proposed single-detached dwelling is permitted in the Official Plan and Zoning
By-law, and no other variances are requested by the applicant with respect to
minimum setbacks. Staff is of the opinion that the proposed scale, design, siting,
and orientation of the proposed single-detached dwelling is appropriate for the
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 variance to provide relief
from Section 10.12.7.4 in the Zoning By-law to permit a Maximum Building
Coverage of 49%, whereas 40% is the permitted maximum for a new single-
detached dwelling on the subject property.
n .
Arcadis Professional Services (Canada) Inc.
Christian Tsimenidis, BES
Consulting Planner to the
Municipality of Bayham