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HomeMy WebLinkAboutMarch 07, 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, March 7, 2024 6:45 p.m. A. Minor Variance Application A-03/24 Roy Schrijver Farms Ltd. 53777 Talbot Line The March 7, 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 February 1, 2024 4. APPLICATION A. Minor Variance Application A-03/24 Roy Schrijver Farms Ltd. 53777 Talbot Line THE PURPOSE of this variance is to permit the conversion of an existing two-storey single-detached dwelling to a Supplementary Farm Dwelling to accommodate seasonal farm labourers in accordance with Section 2.1.10.1 of the Bayham Official Plan. The subject lands are described as Concession 7 NTR N Pt Lots 110, 111 and located at 53777 Talbot Line, east side, and northeast of Heritage Line. THE EFFECT of this variance will be to permit the conversion of an existing two-storey single-detached dwelling of 240 m² (2,583.3 ft²) in gross floor area to a seasonal Supplementary Farm Dwelling to accommodate a maximum of ten (10) seasonal farm labourers in the existing permanent building for the time period between April 1st and November 30th. 5. STAFF PRESENTATION A. Report DS-07/24 by Margaret Underhill, Secretary/Treasurer re Committee of Adjustment Minor Variance A-03/24 Roy Schrijver Farms Ltd., 53777 Talbot Line 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, 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 was held using hybrid technologies via Zoom and livestreamed on YouTube. COMMITTEE MEMBERS PRESENT: ED KETCHABAW *via Zoom RAINEY WEISLER TIMOTHY EMERSON DAN FROESE *via Zoom ABSENT: SUSAN CHILCOTT STAFF PRESENT: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT SECRETARY/TREASURER MARGARET UNDERHILL PUBLIC ATTENDEES A: RODNEY FRIESEN DAVE KLASSEN 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 December 7, 2023 Moved by: Committee Member Weisler Seconded by: Committee Member Emerson THAT the minutes from the Committee of Adjustment Meeting held December 7, 2023 be approved as presented. CARRIED 4. APPLICATION A. Minor Variance Application A-01/24 Walker – 41 Strachan Street 2 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 Secretary/Treasurer M. Underhill presented Report DS-04/24. 6. PRESENTATIONS BY APPLICANT/AGENT Agent and applicant were present but did not speak. 7. PUBLIC SUBMISSIONS One public submission included with the report. 8. COMMITTEE QUESTIONS AND DISCUSSION Committee Member Froese asked to clarify what rear yard setback is being recommended for passage. Secretary/Treasurer M. Underhill confirmed that 3 meters is being recommended. 9. DECISION OF COMMITTEE (Motions) Moved by: Committee Member Emerson Seconded by: Committee Member Weisler 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 3 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 prior to the issuance of a building permit. CARRIED 10. ADJOURNMENT Moved by: Committee Member Weisler Seconded by: Committee Member Emerson THAT the Committee of Adjustment Meeting for consideration of Minor Variance Application A- 01/24 be adjourned at 9:55 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-03/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: ROY SCHRIJVER FARMS LTD. LOCATION: 53777 TALBOT LINE TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-03/24). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on March 7, 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 permit the conversion of an existing two-storey single- detached dwelling to a Supplementary Farm Dwelling to accommodate seasonal farm labourers in accordance with Section 2.1.10.1 of the Bayham Official Plan. The subject lands are described as Concession 7 NTR N Pt Lots 110, 111 and located at 53777 Talbot Line, east side, and northeast of Heritage Line. THE EFFECT of this variance will be to permit the conversion of an existing two-storey single- detached dwelling of 240 m² (2,583.3 ft²) in gross floor area to a seasonal Supplementary Farm Dwelling to accommodate a maximum of ten (10) seasonal farm labourers in the existing permanent building for the time period between April 1st and November 30th. 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 March 1, 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 23rd day of February 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: March 7, 2024 REPORT: DS-07/24 FILE NO. C-07 / D12.SCHR Roll # 34-01-000-007-05100 SUBJECT: Committee of Adjustment Minor Variance A-03/24 Roy Schrijver Farms Ltd. 53777 Talbot Line, Eden BACKGROUND Appointed Agent Jesse Froese has submitted a minor variance application on behalf of owner Roy Schrijver Farms Ltd. for property located at 53777 Talbot Line, east side, and northeast of Heritage Line and described as Concession 7 NTR N Pt Lots 110, 111. The property is designated “Agriculture” and “Natural Heritage” on Schedule ‘A1’ – Land Use and “Significant Woodlands” and “Hazard Lands” on Schedule ‘A2’ – Constraints of the Bayham Official Plan. The lands are currently zoned as Agricultural (A1-A) on Map No. 4 of Zoning By-law No. Z456-2003. The purpose of this variance is to permit the conversion of an existing two-storey single-detached dwelling to a Supplementary Farm Dwelling to accommodate seasonal farm labourers in accordance with Section 2.1.10.1 of the Bayham Official Plan. The effect of this variance will be to permit the conversion of an existing two-storey single-detached dwelling of 240 m² (2,583.3 ft²) in gross floor area to a seasonal Supplementary Farm Dwelling to accommodate a maximum of ten (10) seasonal farm labourers in the existing permanent building for the time period between April 1st and November 30th. DISCUSSION On May 4, 2023, By-law No. 2023-032 was passed authorizing the execution of a Temporary Use and Demolition Agreement (“Agreement”) between Roy Schrijver Farms Ltd. and the Corporation of the Municipality of Bayham. The purpose of the Agreement is to permit the Owners to reside in the existing single-detached dwelling while constructing a new house on the same property. The Agreement requires the demolition of the existing dwelling when the new dwelling is complete. However, the Owners have approached the Municipality asking not to demolish, but to convert and deem the existing dwelling as a supplementary farm dwelling to the farm operation. The Schrijver Family operates a large dairy farm and have expressed their need for housing for seasonal farm labourers. The planner’s memorandum attached, dated February 28, 2024, outlines the full analysis of the four “tests” and the variances required for compliance. The Committee of Adjustment must be satisfied that the application meets the four “tests” of Planning Act Section 45(1) for a minor Staff Report DS-07/24 Schrijver Page 2 variance to the Zoning By-law. Staff and planner concur the application meets the criteria and recommends granting the minor variance to permit the conversion of an existing two-storey single-detached dwelling of 240 m2 (2,583.3 sq. ft.) in gross floor area to a Supplementary Farm dwelling to accommodate a maximum of ten (10) seasonal farm labourers in the existing permanent building for the time period between April 1st and November 30th, subject to the Owner entering into a Development Agreement with the Municipality for, but not limited to:  Establishing the maximum of ten (10) seasonal workers accommodated at one time;  Removal of the supplementary accommodation nature of the building from the property no more than two (2) years after the existing farm operation has ceased;  That the buildings and site be maintained in accordance with the By-laws of the Municipality of Bayham;  Establishing the seasonal time period for the accommodations;  Ensuring sufficient on-site capacity for potable drinking water from Southwestern Public Health;  Ensuring sufficient septic system capacity to the satisfaction of the Municipality;  Ensuring building permits are obtained in accordance to the Ontario Building Code, as necessary. Should the Committee of Adjustment grant the minor variance to permit the conversion of the existing dwelling to a supplementary farm dwelling and there are no appeals filed, By-law No. 2023-032 authorizing the Temporary Use and Demolition Agreement may be repealed by Council. STRATEGIC PLAN Not applicable. ATTACHMENTS 1. Application for Minor Variance A-03/24 Roy Schrijver Farms Ltd. 2. Arcadis Memorandum, dated February 28, 2024 RECOMMENDATION THAT the Committee of Adjustment Secretary/Treasurer’s report DS-07/24 regarding the Roy Schrijver Farms Ltd. 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-03/24 submitted by Roy Schrijver Farms Ltd. 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 the conversion of an existing two-storey single- detached dwelling of 240 m2 (2,583.3 sq. ft.) in gross floor area to a Supplementary Farm Dwelling to accommodate a maximum of ten (10) seasonal farm labourers in the existing permanent building for the time period between April 1st and November Staff Report DS-07/24 Schrijver Page 3 30th, subject to the owner entering into a Development Agreement with the Municipality. Condition: A Development Agreement to be executed within six (6) months of the minor variance approval. 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 February 28, 2024 From Christian Tsimenidis, BES Project No 3404 - 931 cc William Pol, MCIP, RPP Subject Roy Schrijver Farms Ltd. - Application for Minor Variance to Zoning By-law #Z456-2003 - 53777 Talbot Line Background 1. We have completed our review of Minor Variance Application A-03/24, submitted by Jesse Froese on behalf of the property owner Roy Schrijver Farms Ltd. for the subject property located at 53777 Talbot Line, east side, and north of Heritage Line. The applicant is requesting a Minor Variance under Section 45 of the Planning Act to permit the conversion of an existing two-storey single-detached building of 240 m² (2,583.3 ft²) in gross floor area to a Supplementary Farm Dwelling to accommodate a maximum of ten (10) seasonal farm labourers in the existing permanent building for the time period between April 1st and November 30th. 2. It should also be noted that the Owner entered in to a “Temporary Use and Demolition Agreement” with the Municipality in May 2023 so as to live in this existing single-detached dwelling while building a new house on the property with plans to demolish the old. Now, the Owner does not wish to demolish the existing single-detached building, but rather have it converted and deemed a Supplementary Farm Dwelling for seasonal farm help. Therefore, a Minor Variance and Development Agreement is required for this proposed use. 3. As per the information provided by the applicant, it is understood that the proposed Supplementary Farm Dwelling will support and/or provide seasonal accommodation for existing seasonal farm labourers, as well as co-op students during the summer months to help with milking and crop harvesting. Subject Property and Surrounding Area 4. The subject property is currently designated as ‘Agriculture’ and ‘Natural Heritage’ on Schedule ‘A1’ - Land Use of the Bayham Official Plan. The natural heritage features pertain to ‘Significant Woodlands’ and ‘Hazard Lands’ on Schedule ‘A2’ – Constraints of the Bayham Official Plan. The subject property is currently zoned ‘Agricultural (A1-A)’ on Map No.4 of the Bayham Zoning By-law No. Z456-2003. ARCADIS MEMORANDUM Municipality of Bayham – February 28, 2024 2 The subject property can be described as an irregular shaped parcel that has a lot area of 34.39 hectares (84.9 acres), a lot frontage of 867 metres (2,844.5 feet). 5. The subject property is currently used for agricultural purposes, notably an existing dairy and cash crop operation. A number of existing buildings and structures are located on the subject property pertaining to the agricultural operation, including a dairy barn, calf barn/heifer barn, several sheds, the existing single-detached building (to be retained as a Supplementary Farm Dwelling), and the new single-detached dwelling that was recently constructed. Other than the dwelling to be converted, it is understood that all existing buildings/structures will remain unaltered as they exist today as a result of this Minor Variance Application. It is further understood that the existing accesses off Talbot Line, being a Provincial Highway, will remain unaltered. 6. The subject property is immediately surrounded by agricultural uses in all directions. The subject property is impacted by and adjacent to designated Natural Heritage features to the west that are also regulated by the Long Point Region Conservation Authority. The existing single-detached building to be converted to a Supplementary Farm Dwelling is located outside of the Natural Heritage features and regulated area. Planning Analysis 7. Section 2.1.10.1 of the Official Plan provides the following criteria with respect to the establishment of Supplementary Farm Dwellings in the ‘Agriculture’ designation: a) Need: Sufficient information must be provided which outlines how the type, scale, and/or size of the farm operation warrant the need for a supplementary farm dwelling; Comment: It is understood that the existing dairy and cash crop farming operation requires seasonal farm labourers, including co-op students, to support the existing operations. As per the applicant, the seasonal farm labourers would assist with milking and crop harvesting during the busy harvest season. It is our opinion that a need for the Supplementary Farm Dwelling is demonstrated. b) Existing Dwellings: Sufficient justification must be provided to show how any existing supplementary farm dwellings that are part of the farming operation can’t satisfy the housing needs of the farming operation; Comment: The subject property currently does not consist of any Supplementary Farm Dwellings that could be utilized for seasonal farm labourers. The proposed conversion of the existing single-detached building would make efficient use of an existing structure that can accommodate seasonal farm labourers. c) Location: Sufficient justification must be provided to show how the location of the supplementary farm dwelling makes efficient use of existing ARCADIS MEMORANDUM Municipality of Bayham – February 28, 2024 3 services and infrastructure and how the location will not impact surrounding land uses. Preference will be given to close proximity to principal farm dwellings and the use of natural landscaping to buffer temporary dwellings from surrounding land uses; Comment: The existing single-detached building to be converted is within the farm building cluster. It is understood that the existing building has access to private well and septic system, thus making efficient use of existing servicing. Given that the building and uses are already existing on the subject property, it is our opinion that no new land use impacts will occur as a result of this Minor Variance. As part of the Development Agreement, confirmation of adequate quantity and quality of drinking water and adequate sanitary sewage facilities (septic) is required. d) Size and Type: The supplementary farm dwelling unit is of a minimum size and type that can accommodate both health unit and building code requirements, and shall be no larger than necessary to accommodate the needs of the temporary farm help residing in the dwelling. Preference will be given to temporary dwellings, or alternatively permanent dwellings that are one storey in height with a maximum floor area of approximately 167m² (1800 ft²); Comment: The proposed Supplementary Farm Dwelling would have an approximate gross floor area of 240 m² (2,583.3 ft²), utilizing the existing two-storey single-detached building. While the ‘preference’ is to allow for a maximum height of one-storey and floor area of 167m² (1,800 ft²), it is our opinion that the proposed exceedance in height and floor area is appropriate, given that this is an existing building to be used efficiently for seasonal farm labour to support the primary agricultural use. e) Services: The supplementary farm dwelling must demonstrate an adequate supply of potable water and sanitary sewage disposal system to the satisfaction of the Municipality. Preference will be given to dwellings which can make use of existing services; and, Comment: It is understood that the proposed Supplementary Farm Dwelling will utilize the existing private well and septic system currently supporting the single-detached building. As part of the Development Agreement, confirmation of adequate quantity and quality of drinking water and adequate sanitary sewage facilities (septic) is required. f) Vehicular Access: The supplementary farm dwelling must demonstrate how vehicular access will not contribute to any traffic-related hazards to the satisfaction of the appropriate road authority. Preference will be given to the use of existing driveways. Comment: The existing driveways will be utilized, and it is our opinion that there will not be a significant increase in traffic based on the number of labourers proposed. ARCADIS MEMORANDUM Municipality of Bayham – February 28, 2024 4 8. 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: Does the variance maintain the general intent and purpose of the Official Plan? The Municipality supports the erection/placement of additional dwellings on farm parcels where warranted by the size and/or nature of farm operations. These dwellings are permitted to be in the form of a mobile home, modular home, or a permanent dwelling in the form of a converted dwelling or bunkhouse. As noted above in Paragraph 7 of this Memo, Section 2.1.10.1 of the Official Plan sets out criteria for the establishment of supplementary farm dwellings, related to need, existing dwellings, location, size and type, services, and vehicular access. As previously mentioned, it is our opinion that the proposed variance meets the criteria in Section 2.1.10.1. Therefore, it is our opinion that the proposed Supplementary Farm Dwelling to accommodate seasonal farm labourers to support the primary agricultural use maintains the general intent and purpose of the Official Plan. Does the variance maintain the general intent and purpose of the Zoning By-law? Agricultural uses and uses accessory to agricultural uses are permitted within the Agricultural (A1-A) zoning. The location of the existing buildings and proposed Supplementary Farm Dwelling are in compliance to the A1-A Zoning regulations, however, it should be noted that the existing single-detached building to be converted has an approximate Front Yard Depth of 7.0 metres that is legal non- complying. Given that the applicant has not indicated any alterations to the exterior of the building in the front yard, the legal non-complying setback will maintain its status. It is therefore our opinion that the proposed variance meets the general purpose and intent of the Zoning By-law. Is the variance minor in nature? As per the Official Plan, Minor Variances are required for temporary/portable supplementary farm dwellings in the Municipality. It is our opinion that the existing scale and size of the single-detached building to be converted into a Supplementary Farm Dwelling for seasonal use is minor in nature and appropriate. Based on the proposed size and location of the subject lands, as well as the surrounding agricultural uses, it is not anticipated that the neighbouring properties will not be adversely impacted by the conversion. Further, it is our opinion that there will not be a significant increase in traffic based on the number of labourers proposed, especially given the seasonal nature of this use. Therefore, it is our opinion that the proposed variance is minor in nature. ARCADIS MEMORANDUM Municipality of Bayham – February 28, 2024 5 Is the variance desirable for the appropriate development or use of the lands? It is understood the existing dairy and cash crop farm operation requires additional labour to assist with milking and crop harvesting during the busy harvest season. Given that all other uses on the subject property will remain as they exist today, it is our opinion there are no sensitive uses in proximity to the proposed Supplementary Farm Dwelling that will create a conflict. It is also our opinion that scale of the dwelling, as well as limiting a maximum of ten (10) seasonal farm labourers at one time, is appropriate. Therefore, it is our opinion that the use of a permanent building for the purpose of Supplementary Farm Dwelling in an agricultural area is a desirable use of the lands. Conclusion and Recommendations 9. Based on the above review of Minor Variance application A-03/24, we have no objection to the proposed Minor Variance to permit the conversion of an existing two-storey single-detached dwelling of 240 m² (2,583.3 ft²) in gross floor area to a Supplementary Farm Dwelling to accommodate a maximum of ten (10) seasonal farm labourers in the existing permanent building for the time period between April 1st and November 30th, subject to the owner entering into an agreement with the Municipality for, but not limited to:  Establishing the maximum of ten (10) seasonal workers accommodated at one time;  Removal of the supplementary accommodation nature of the building from the property no more than two (2) years after the existing farm operation has ceased;  That the buildings and site be maintained in accordance with the By-laws of the Municipality of Bayham;  Establishing the seasonal time period for the accommodations;  Ensuring sufficient on-site capacity for potable drinking water from Southwestern Public Health;  Ensuring sufficient septic system capacity to the satisfaction of the Municipality;  Ensuring a building permit is obtained in accordance to the Ontario Building Code. Christian Tsimenidis Arcadis Professional Services (Canada) Inc. Christian Tsimenidis, BES Consulting Planner to the Municipality of Bayham