HomeMy WebLinkAboutFebruary 01, 2024 - 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, February 1, 2024 6:45 p.m. A. Minor Variance Application A-01/24 Walker – 41 Strachan Street The February 1, 2024 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 December 7, 2023
4. APPLICATION
A. Minor Variance Application A-01/24 Walker – 41 Strachan Street THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations for
the development of a detached garage on the subject property located at 41 Strachan Street, Port Burwell:
1) Section 10.10 to permit a Minimum Rear Yard Depth of 1.2 metres, whereas 7.0 metres is currently permitted. 2) Section 10.11.c) to permit a Maximum Floor Area of 88.5 m2, whereas 75.0 m2 is currently
permitted for accessory buildings and structures. THE EFFECT of this variance will be to permit a new accessory structure (detached garage) on
the subject property with a reduced Minimum Rear Yard Depth and permit an increased Maximum Floor Area. 5. STAFF PRESENTATION
A. Report DS-04/24 by Margaret Underhill, Secretary/Treasurer re Committee of Adjustment Minor Variance A-01/24 Walker, 41 Strachan Street 6. PRESENTATIONS BY APPLICANT/AGENT 7. PUBLIC SUBMISSIONS 8. COMMITTEE QUESTIONS AND DISCUSSION
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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, 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 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
FIRE CHIEF HARRY BARANIK PUBLIC ATTENDEES A: N/A 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 November 16, 2023 Moved by: Committee Member Weisler
Seconded by: Committee Member Chilcott THAT the minutes from the Committee of Adjustment Meeting held November 16, 2023 be
approved as presented. CARRIED
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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 11M188).
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-63-/23 by Margaret Underhill, Secretary/Treasurer re Committee of Adjustment Minor Variance A-10/23 Hiebert – 6 MacNeil Court Secretary/Treasurer M. Underhill presented Report DS-63/23.
6. PRESENTATIONS BY APPLICANT/AGENT No presentations. 7. PUBLIC SUBMISSIONS
No submissions. 8. COMMITTEE QUESTIONS AND DISCUSSION No 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-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:
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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 CARRIED 10. ADJOURNMENT Moved by: Committee Member Weisler Seconded by: Committee Member Chilcott THAT the Committee of Adjustment Meeting for consideration of Minor Variance Application A-10/23 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-01/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: LISA AND SCOTT WALKER
LOCATION: 41 STRACHAN STREET, PORT BURWELL
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-01/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, February 1, 2024, 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 the following Zoning By-law regulations for the development of a detached garage on the subject property located at 41 Strachan Street, Port Burwell:
1) Section 10.10 to permit a Minimum Rear Yard Depth of 1.2 metres, whereas 7.0 metres is currently permitted.
2) Section 10.11.c) to permit a Maximum Floor Area of 88.5 m2, whereas 75.0 m2 is currently permitted for accessory buildings and structures. THE EFFECT of this variance will be to permit a new accessory structure (detached garage) on the subject property with a reduced Minimum Rear Yard Depth and permit an increased Maximum Floor Area. 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 January 26, 2024 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 19th day of January 2024.
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: February 1, 2024
REPORT: DS-04/24 FILE NO. C-07 / D12.WALK
Roll # 34-01-002-001-15400 SUBJECT: Committee of Adjustment Minor Variance A-01/24 Walker, L & S
41 Strachan Street, Port Burwell
BACKGROUND
Lisa and Scott Walker have submitted a minor variance application for property located at 41
Strachan Street, Port Burwell, described as Lot 31 Registered Plan No. 12. 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. As per the Notice of Public Meeting, the purpose of this variance is to grant relief from the following
Zoning By-law regulations for the development of a detached garage on the subject: 1) Section 10.10 to permit a Minimum Rear Yard Depth of 1.2 metres, whereas 7.0 metres is currently permitted. 2) Section 10.11.c) to permit a Maximum Floor Area of 88.5 m2, whereas 75.0 m2 is currently permitted for accessory buildings and structures. The effect of this variance will be to permit a new accessory structure (detached garage) on the subject property with a reduced Minimum Rear Yard Depth and permit an increased Maximum Floor Area. The owners intend to apply for building permits to construct a residential dwelling and the detached garage at the same time. 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 January 18, 2024, outlines the full analysis of the four “tests” and the variances required for compliance. Email correspondence received on January 25, 2024 from neighbouring property owners, Tim
Miedema and Sandra Kirk, 40 Erieus Street, expressed concern for the nearness of the proposed garage to the shared rear lot line and the potential for flooding issues.
Staff Report DS-04/24 Walker Page 2
Staff have reviewed the correspondence and recommend the following: 1) the rear yard setback be increased from 1.2 metres to 3.0 metres to provide room for a drainage swale that may be required 2) that an approved engineered Grading Plan, including the detached garage, is required prior to the issuance of a building permit for the dwelling and detached garage
3) the owner includes garage eavestroughs and downspouts on the Building Plans demonstrating that water is not directed towards the rear property line prior to the issuance of a building permit
Staff and planner concur the application meets the criteria and recommends a revised minor variance to Section 10.10 with conditions to provide relief under Section 45 of the Planning Act
to permit the construction of a detached garage in the rear yard. STRATEGIC PLAN Not applicable. ATTACHMENTS 1. Application for Minor Variance A-01/24 Walker 2. Arcadis Memorandum, dated January 18, 2024 3. T. Miedema and S. Kirk – email correspondence dated January 25, 2024 RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s report DS-04/24 regarding the Walker 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-01/24 submitted by Lisa and Scott Walker 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 10.10 to permit a Minimum Rear Yard Depth of 3.0 metres, whereas 7.0 metres is currently permitted
Section 10.11 c) to permit a Maximum Floor Area of 88.5 m2, whereas 75.0 m2
is currently permitted for accessory buildings and structures in the R1 Zone. Conditions:
1. That an approved engineered grading plan, including the detached garage, is required prior to the issuance of a building permit for the dwelling and detached
garage. 2. That the owner includes garage eavestroughs and downspouts on the Building Plans demonstrating that water is not directed towards the rear property line
Staff Report DS-04/24 Walker Page 3
prior to the issuance of a building permit. 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 January 18, 2024
From Christian Tsimenidis, BES Project No 3404-926
cc William Pol, MCIP, RPP
Subject Lisa and Scott Walker - Application for Minor Variance to Zoning By-law #Z456-2003 - 41 Strachan Street, Port Burwell
1. We have completed our review of Minor Variance Application A-01/24,
submitted by Fine Line Drafting and Design Inc. (c/o Rodney Friesen) on behalf
of the property owners Lisa and Scott Walker for the subject property located at
41 Strachan Street in Port Burwell. The applicant is requesting two (2) 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 10.10 to permit a Minimum Rear Yard Depth of 1.2 metres,
whereas 7.0 metres is currently permitted.
Section 10.11.c) to permit a Maximum Floor Area of 88.5 m2, whereas 75.0 m2 is currently permitted for accessory buildings and structures.
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 1,018.02 square metres (10,957.87 square feet) and a lot depth of
52.29 metres (171.55 feet). The applicant intends to develop a new single-
detached dwelling and detached garage on the subject property, which is
currently vacant. The subject property is immediately surrounded by low-rise
residential uses in all directions. The subject property has direct access to
Strachan Street.
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 variances:
Do the variances maintain the general intent and purpose of the Official
Plan?
ARCADIS MEMORANDUM
Municipality of Bayham – January 18, 2024
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The ‘Residential’ land use designation is intended to encourage and support the
development of single-detached dwellings supported by accessory uses in order
to maintain a low-rise 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 variances for a reduced Minimum Rear Yard
Depth and increased Maximum Floor Area to facilitate the construction of a
detached garage will maintain the general intent and purpose of the Official
Plan. The proposed accessory structure would be a complementary accessory
use to the existing primary ‘Residential’ land use to support a future single-
detached dwelling on the subject property. Further, it is our opinion that the
applicant is proposing a detached garage and future 1-storey single-detached
dwelling that is similar in built-form and scale to the existing development in the
immediate area.
Therefore, it is our opinion that the proposed variances maintain the general
intent and purpose of the Bayham Official Plan.
Do the variances maintain the general intent and purpose of the Zoning
By-law?
Variance #1: To permit a Minimum Rear Yard Depth of 1.2 metres, whereas 7.0
metres is currently permitted.
The intent and purpose of Section 10.10 of the Zoning By-law in the R1 Zone is
to ensure that adequate separation between buildings is provided for functional
and aesthetic purposes from the rear lot line, as well as minimizing visual
impacts to adjacent lots. It is also intended to ensure that sufficient leisure space
is provided in the rear yard for residents.
It is our opinion that the proposed variance for a reduced Minimum Rear 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 west side and surrounding
area. As per Section 4.2.e) of the Zoning By-law, which outlines additional
regulations for Accessory Uses, an accessory building or use shall not be built
closer than 1.0 metre to any lot line. The proposed 1.2 metre Rear Yard Depth is
greater than the 1.0 metre minimum setback stipulated in Section 4.2.e) of the
Zoning By-law.
Further, the proposed detached garage will meet all other minimum setback and
height requirements pertaining to the R1 Zone. Therefore, it is our opinion that
the proposed 1-storey detached garage will not impose over or cause adverse
impacts to the adjacent lot to the west / rear.
In addition, it is our opinion that the proposed Minimum Rear Yard Depth still
allows for sufficient leisure space in the rear yard for residents, as there is a
17.13 metre separation distance between the proposed detached garage and
the future single-detached dwelling.
ARCADIS MEMORANDUM
Municipality of Bayham – January 18, 2024
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Therefore, it is our opinion that the proposed variance meets the general intent
and purpose of the Zoning By-law.
Variance #2: To permit a Maximum Floor Area of 88.5 m2, whereas 75.0 m2 is
currently permitted for accessory buildings and structures.
The intent and purpose of Section 10.11.c) in the Zoning By-law to limit the
Maximum Floor Area to 75.0 m2 for accessory building and structures 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.
It is our opinion that the proposed variance for an increased Maximum Floor
Area of 88.5 m2 meets the general intent and purpose of the Zoning By-law, as
the proposed accessory structure to accommodate personal vehicles and
storage will not present significant impacts to adjacent lots and the surrounding
neighbourhood. It is our opinion that the proposed Maximum Floor Area still
allows for sufficient leisure space in the rear yard for residents and only
represent a lot coverage of 8.69% relative to the total lot area.
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 variances are minor in nature, as the reduced
Rear Yard Depth and increased Maximum Floor Area will not significantly
impact usability of the subject property and will not present any significant
impacts to the neighbourhood. The proposed new accessory structure, in the
form of a 1-storey detached garage, is intended to for the storage of personal
vehicles and personal items. Further, it is our opinion that the overall scale,
siting, and orientation of the proposed detached garage is designed to respect
the existing low-rise residential neighbourhood. The proposed variances for the
detached garage still ensure it is smaller and subordinate to the future single-
detached 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 new
detached garage to support a future single-detached dwelling on the subject
property that is currently vacant. The proposed accessory structure is permitted
in the Official Plan and Zoning By-law, and currently the subject property does
not accommodate any detached garage. Staff is of the opinion that the proposed
scale, design, siting, and orientation of the proposed detached garage in the
rear yard of the subject property is appropriate for the site and surrounding
neighbourhood and can therefore be considered desirable for the appropriate
development or use of the land.
ARCADIS MEMORANDUM
Municipality of Bayham – January 18, 2024
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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 10.10 to permit a Minimum Rear Yard Depth of 1.2 metres,
whereas 7.0 metres is currently permitted.
Section 10.11.c) to permit a Maximum Floor Area of 88.5 m2, whereas
75.0 m2 is currently permitted for accessory buildings and structures.
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc.
Christian Tsimenidis, BES Consulting Planner to the Municipality of Bayham