HomeMy WebLinkAboutMay 16, 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, May 16, 2024
6:30 p.m.
A. Minor Variance Application A-05/24 Mauer, 56954 Eden Line
B. Minor Variance Application A-06/24 Thiessen, 12 MacNeil Court
C. Minor Variance Application A-07/24 Thiessen, 2 MacNeil Court
The May 16, 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 April 18, 2024
4. APPLICATION
A. Minor Variance Application A-05/24 Mauer, 56954 Eden Line
THE PURPOSE of this variance is to permit a Maximum Lot Coverage of 25%, whereas Section
23.13.4.4 of the Zoning By-law requires a Maximum Lot Coverage of 15%. The proposed
variance is required to facilitate future additions/expansions to the metal manufacturing business
for an additional 4,635.5 m2 (49,896.1 ft2) of ground floor area to the already existing 6,486.0 m2
(69,814.7 ft2) ground floor area. The subject lands are located at 56954 Eden Line, north side,
and west of Plank Road in the Hamlet of Eden.
THE EFFECT of this variance is to permit an increased Maximum Lot Coverage to accommodate
future additions/expansions to the existing metal manufacturing business on the subject property.
B. Minor Variance Application A-06/24 Thiessen, 12 MacNeil Court
THE PURPOSE of this variance is to permit a Maximum Building Height of 8.3 metres for the
development of a new single-detached dwelling, whereas Section 10.5 of the Zoning By-law
requires a Maximum Building Height of 7.0 metres. The subject lands are located at 12 MacNeil
Court, east of Elizabeth Street in the Village of Port Burwell.
THE EFFECT of this variance is to permit an increased Maximum Building Height to
accommodate a new single-detached dwelling on the vacant subject property.
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C. Minor Variance Application A-07/24 Thiessen, 2 MacNeil Court
THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations for
the development of a new single-detached dwelling on the subject property located at 2 MacNeil
Court, east of Elizabeth Street in the Village of Port Burwell:
1) Section 10.5 to permit a Maximum Building Height of 8.0 metres, whereas 7.0 metres is
required, and;
ADDED:
2) Section 4.26 to permit a Front Yard Encroachment of 0.6 metres into the required 7.0 metre
Front Yard Depth for a roofed porch exceeding one-storey in height.
THE EFFECT of this variance is to permit an increased Maximum Building Height and Front Yard
Encroachment to accommodate a new single-detached dwelling on the vacant subject property.
5. STAFF PRESENTATION
A. Report DS-34/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-05/24 M.
G. Leasing Inc. c/o Phil Mauer 56954 Eden Line
B. Report DS-35/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-06/24
Thiessen, J & M 12 MacNeil Court
C. Report DS-36/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-07/24
Thiessen, J & K 2 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, April 18, 2024
6:45 p.m.
A. Minor Variance Application A-02/24 Froese, 55210 & 55248 Maple Grove Line
B. Minor Variance Application A-04/24 Sawatzy & Friesen, 57070 Eden Line
The April 18, 2024 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
CLERK MEAGAN ELLIOTT
SECRETARY/TREASURER MARGARET UNDERHILL
PUBLIC ATTENDEES A: JESSE FROESE
PUBLIC ATTENDEES B: MARTY SMITH
CORNELIUS SAWATZKY
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 March 7, 2024
Moved by: Committee Member Weisler
Seconded by: Committee Member Chilcott
THAT the minutes from the Committee of Adjustment Meeting held March 7, 2024 be
approved as presented.
CARRIED
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4. APPLICATION
A. Minor Variance Application A-02/24 Froese, 55210 & 55248 Maple Grove Line
THE PURPOSE of the variance is to retain the legal non-conforming status of a second single-
detached dwelling (currently demolished due to safety concerns) that had existed prior to the date
of the passing of the current Zoning By-law in order to redevelop a new second single-detached
dwelling, whereas only one (1) single-detached dwelling is permitted in the current ‘Agricultural
(A1-A)’ Zone, for the property located at 55210 Maple Grove Line.
THE EFFECT of this variance will be to retain the legal non-conforming status of a second single-
detached dwelling in order to develop/replace with a new single-detached dwelling on the subject
property.
5. STAFF PRESENTATION
A. Report DS-25/24 by Margaret Underhill, Secretary/Treasurer re Committee of Adjustment
Minor Variance A-02/24 Froese, 55210 & 55248 Maple Grove Line
Secretary/Treasurer M. Underhill presented Report DS-25/24.
6. PRESENTATIONS BY APPLICANT/AGENT
Applicant, Jesse Froese, spoke to summarize the application.
7. PUBLIC SUBMISSIONS
No submissions.
8. COMMITTEE QUESTIONS AND DISCUSSION
Committee Member Weisler inquired on the proposed size of the future building.
Secretary/Treasurer Underhill noted that there are no official building plans yet as the variance
for now is to keep the legal nonconforming status. If the future building is proposed to be larger
than what is permitted, an additional Minor Variance application will need to be submitted for
consideration.
9. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Emerson
Seconded by: Committee Member Chilcott
THAT the Committee of Adjustment Secretary/Treasurer’s report DS-25/24 regarding the
Froese 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
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Section 45.1(1) of the Planning Act and is considered minor;
THEREFORE application A-02/24 submitted by Jesse and Sarah Froese 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 4.10 - to retain the legal non-conforming status of a second single-detached
dwelling that had existed prior to the date of the passing of the current Zoning By-
law in order to redevelop a new second single-detached dwelling in the future,
whereas only one (1) single-detached dwelling is permitted in the current
‘Agricultural (A1-A)’ Zone, and further, with the approved Minor Variance Application
A-02/24, a subsequent Minor Variance Application would be required if the applicant
wishes to build a new single-detached dwelling larger and/or beyond the original
building envelope and floor area of the previously demolished single-detached
dwelling.
CARRIED
10. APPLICATION
B. Minor Variance Application A-04/24 Sawatzy & Friesen, 57070 Eden Line
THE PURPOSE of this variance is to permit a new accessory building (garage) on the subject
property with a Maximum Height of 5.5 metres, whereas Section 9.5.1 of the Zoning By-law
permits a Maximum Height of 4.5 metres for accessory buildings. The subject lands are located at
57070 Eden Line, north side, and east of Plank Road in the Hamlet of Eden.
THE EFFECT of this variance is to permit an increased Maximum Height to accommodate a new
accessory building (garage) and replace the existing shed on the subject property.
11. STAFF PRESENTATION
B. Report DS-26/24 by Margaret Underhill, Secretary/Treasurer re Committee of Adjustment
Minor Variance A-04/24 Sawatzky & Friesen, 57070 Eden Line
Secretary/Treasurer M. Underhill presented Report DS-26/24.
12. PRESENTATIONS BY APPLICANT/AGENT
Applicant, Cornelius Sawatzky, spoke to summarize the application.
13. PUBLIC SUBMISSIONS
Neighbour, Marty Smith, spoke in opposition of the application. As the abutting property owner,
she has concerns surrounding what someone within the proposed building can view in her
backyard and the possible use of the building to be for a business.
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Mr. Sawatzky confirmed that the building would not be used for a business and the location of
the building would not overlook her backyard. Additionally the proposed building is to only have
windows along the sides and not the rear.
14. COMMITTEE QUESTIONS AND DISCUSSION
The Committee Members discussed with the applicant and the opposing neighbour where the
proposed building is to be. The applicant noted measurements from the fence line and the
opposing neighbour stated that the fence is not situated on the property line.
15. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Weisler
Seconded by: Committee Member Chilcott
THAT the Committee of Adjustment Secretary/Treasurer’s report DS-26/24 regarding the
Sawatzky Friesen minor variance be received;
AND THAT the Committee of Adjustment defers application A-04/24 until the owner can
provide a survey to confirm the westerly lot line.
CARRIED
16. ADJOURNMENT
Moved by: Committee Member Weisler
Seconded by: Committee Member Emerson
THAT the Committee of Adjustment Meeting for consideration of Minor Variance Applications A-
02/24 and A-04/24 be adjourned at 7:08 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-05/24
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: PHIL MAUER (M.G. LEASING INC.)
LOCATION: 56954 EDEN LINE, EDEN
TAKE NOTICE that the Municipality of Bayham has received a complete application for a
proposed Minor Variance (A-05/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of
Bayham will hold a public meeting on May 16, 2024, at 6:30 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 a Maximum Lot Coverage of 25%, whereas Section
23.13.4.4 of the Zoning By-law requires a Maximum Lot Coverage of 15%. The proposed variance
is required to facilitate future additions/expansions to the metal manufacturing business for an
additional 4,635.5 m2 (49,896.1 ft2) of ground floor area to the already existing 6,486.0 m2
(69,814.7 ft2) ground floor area. The subject lands are located at 56954 Eden Line, north side,
and west of Plank Road in the Hamlet of Eden.
THE EFFECT of this variance is to permit an increased Maximum Lot Coverage to accommodate
future additions/expansions to the existing metal manufacturing business on the subject property.
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 May 10th, 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 1st day of May 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
Hamlet of Eden
A-06/24
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: JOHN AND MARY THIESSEN
LOCATION: 12 MACNEIL COURT, PORT BURWELL
TAKE NOTICE that the Municipality of Bayham has received a complete application for a
proposed Minor Variance (A-06/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of
Bayham will hold a public meeting on May 16, 2024, at 6:30 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 a Maximum Building Height of 8.3 metres for the
development of a new single-detached dwelling, whereas Section 10.5 of the Zoning By-law
requires a Maximum Building Height of 7.0 metres. The subject lands are located at 12 MacNeil
Court, east of Elizabeth Street in the Village of Port Burwell.
THE EFFECT of this variance is to permit an increased Maximum Building Height to
accommodate a new single-detached dwelling on the vacant subject property.
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 May 10th, 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 1st day of May 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
Village of Port Burwell
A-07/24
REVISED
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: JAKE AND KATHARINA THIESSEN
LOCATION: 2 MACNEIL COURT, PORT BURWELL
TAKE NOTICE that the Municipality of Bayham has received a complete application for a
proposed Minor Variance (A-07/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of
Bayham will hold a public meeting on May 16, 2024, at 6:30 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 new single-detached dwelling on the subject property located at 2 MacNeil
Court, east of Elizabeth Street in the Village of Port Burwell:
1) Section 10.5 to permit a Maximum Building Height of 8.0 metres, whereas 7.0 metres is
required, and;
ADDED:
2) Section 4.26 to permit a Front Yard Encroachment of 0.6 metres into the required 7.0
metre Front Yard Depth for a roofed porch exceeding one-storey in height.
THE EFFECT of this variance is to permit an increased Maximum Building Height and Front Yard
Encroachment to accommodate a new single-detached dwelling on the vacant subject property.
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 May 10th, 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 6th day of May 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
Village of Port Burwell
REPORT
DEVELOPMENT SERVICES
TO: Committee of Adjustment Members
FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment
DATE: May 16, 2024
REPORT: DS-34/24 FILE NO. C-07 / D12.MGLE
Roll # 34-01-000-006-11550
SUBJECT: Committee of Adjustment Minor Variance A-05/24 M. G. Leasing Inc. c/o Phil Mauer
56954 Eden Line, Eden
BACKGROUND
Grassmere Construction Ltd. on behalf of M. G. Leasing Inc. (c/o Phil Mauer) has submitted a
minor variance application for property located at 56954 Eden Line, north side west of Plank Road
in the hamlet of Eden and described as Concession 9 Pt Lots 22 & 23 Plan 113 Pt Lot 3 & 4 W/S
Main. The property is designated “Hamlets” on Schedule ‘A1’ – Land Use in the Bayham Official
Plan. The lands are currently zoned as Specific Urban Industrial (M4-4) in Schedule ‘D’ (Eden) in
Zoning By-law No. Z456-2003.
The purpose of this variance is to permit a Maximum Lot Coverage of 25%, whereas Section
23.13.4.4 of the Zoning By-law requires a Maximum Lot Coverage of 15%. The proposed variance
is required to facilitate future additions/expansions to the metal manufacturing business for an
additional 4,635.5 m2 (49,896.1 ft2) of ground floor area to the already existing 6,486.0 m2 (69,814.7
ft2) ground floor area.
The effect of this variance is to permit an increased Maximum Lot Coverage to accommodate future
additions/expansions to the existing metal manufacturing business on the subject property.
DISCUSSION
The Owner wishes to construct an addition of 696.0 m2 on the north-east side in the immediate
future with a future building/addition of 700.0 m2 (to be constructed in 2028) proposed in the north,
the relocation of the existing coverall warehouse 1,242.0 m2 in size to the south and a future
building/expansion of 2,049.0 m2 to connect the coverall warehouse and existing main industrial
building.
The planner’s memorandum attached, dated May 7, 2024, outlines the full analysis of the
application in regards to the four “tests” for variances.
Staff and planner concur the application meets the criteria and recommends granting the minor
Staff Report DS-34/24 M G Leasing Page 2
variance to permit a Maximum Lot Coverage of 25%, whereas Section 23.13.4.4 of the Zoning By-
law permits a maximum Lot Coverage of 15%.
STRATEGIC PLAN
Not applicable.
ATTACHMENTS
1. Application for Minor Variance A-05/24 M. G. Leasing Inc.
2. Arcadis Memorandum, dated May 7, 2024
RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-34/24 regarding the
M. G. Leasing Inc. 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-05/24 submitted by M. G. Leasing Inc. (Phil Mauer) 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:
• to permit a Maximum Lot Coverage of 25%, whereas Section 23.13.4.4 of the
Zoning By-law requires a Maximum Lot Coverage of 15%.
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 May 7, 2024
From Christian Tsimenidis, BES Project No 3404 - 911
cc William Pol, MCIP, RPP
Subject M.G. Leasing Inc. (c/o Phil Mauer) - Application for Minor
Variance to Zoning By-law #Z456-2003 - 56954 Eden Line
Background
1. Arcadis has completed a review of Minor Variance application A-05/24,
submitted by Grassmere Construction Ltd. on behalf of the property owner M.G.
Leasing Inc. (c/o Phil Mauer) for the subject property located at 56954 Eden
Line. The application is requesting a Minor Variance under Section 45 of the
Planning Act to to permit a Maximum Lot Coverage of 25%, whereas Section
23.13.4.4 of the Zoning By-law requires a Maximum Lot Coverage of 15%.
2. The purpose of this variance is to facilitate future additions/expansions to the
existing metal manufacturing business for an additional 4,635.5 m2 (49,896.1 ft2)
of ground floor area to the already existing 6,486.0 m2 (69,814.7 ft2) ground floor
area. As per the Site Plan submitted by the applicant, a plant addition of 696.0
m2 is proposed in the north-east, a future building/addition of 700.0 m2 (to be
constructed in 2028) is proposed in the north, the relocation of the existing
coverall warehouse 1,242.0 m2 in size to the south, and a future
building/expansion of 2,049.0 m2 to connect the coverall warehouse and existing
main industrial building.
3. The lands were previously subject to a Zoning By-law Amendment (Z696-2019)
that was approved by Council and is in-force and effect. The approved Zoning
By-law Amendment was to rezone the lands from a site-specific Urban Industrial
Zone (M4-4) and holding Hamlet Residential Zone (HR(h2)) zone to a modified
site-specific Urban Industrial (M4-4) zone to permit a maximum lot coverage of
fifteen per cent (15%); a reduced rear yard setback of 8.2 m (26.9 feet) where
10.5 m (34.4 feet) is the required minimum; recognize the existing minimum lot
frontage of 20.0 metres; and to zone the entire parcel consistent with the
industrial use by removing the residential zoning portion
4. Should this Minor Variance Application be approved, the applicant is aware that
a subsequent Site Plan Application will need to be revised and submitted for
ARCADIS MEMORANDUM
Municipality of Bayham – May 7, 2024
2
review prior to the construction of any proposed additional/expansions to the
subject property.
Subject Property and Surrounding Area
5. The subject property is currently designated as ‘Hamlets’ in Schedule ‘A1’: Land
Use of the Bayham Official Plan. The subject property is currently zoned as Site-
Specific Urban Industrial (M4-4) in Schedule ‘D’ (Eden) of the Bayham Zoning
By-law No. Z456-2003. The subject property has a lot area of 44,486 m2 (4.44
hectares), a lot frontage of 22.1 metres (72.5 ft), and lot depth of approximately
318 metres (1,043.3 ft). As previously mentioned, the owner operates an
existing industrial metal manufacturing business. Business services include
custom-built, advance fabrication, design and welding equipment services for
the automotive industry. A large parking area is located on the western side of
the subject property, with the existing buildings being predominantly located on
the eastern side. There is an existing berm along the eastern portion of the
property line, as well as a berm along the southern property line abutting the
existing residential uses. A fire pond is located in the north-western corner of the
site.
6. Surrounding land uses are agricultural to the north, residential and commercial
to the east along Plank Road, residential to the south along Eden Line, and
residential and agricultural to the west. The lands to the north are zoned for
residential use and the majority of residential lands to the west are vacant, both
areas are used for agriculture.
Planning Analysis
7. 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 variance:
Does the variance maintain the general intent and purpose of the Official
Plan?
The ‘Hamlet’ land use designation is intended to support a broad range of uses,
including limited or small-scale commercial and industrial uses. The existing and
proposed expansion to the industrial business may not be considered small in
scale, however, the community benefits from local economic growth /
employment and the proposed development is a continuation of the existing
industrial use. Section 4.4.1.8 f) indicates that existing industrial facilities should
be recognized as well.
Section 4.4.1.2 of the Official Plan also states that adequate buffering should be
provided between the various uses wherever the potential for land use conflict
exists. Existing fencing surrounds the perimeter of the site, as well as existing
berms along the southern property line and north-eastern property line. Further,
based on our review of the proposed Site Plan, the proposed expansions would
ARCADIS MEMORANDUM
Municipality of Bayham – May 7, 2024
3
maintain the same separation distances between the buildings and the adjacent
dwellings/residential lots as they exist today. During the Site Plan Application
stage, additional buffering measures can be requested by the Municipality to
maintain adequate buffering along the adjacent property lines.
It is Arcadis’s opinion that the proposed variance maintains the general intent
and purpose of the Bayham Official Plan.
Does the variance maintain the general intent and purpose of the Zoning
By-law?
The intent of Section 23.13.4.4 of the Zoning By-law to permit a Maximum Lot
Coverage of 15% in order to regulate developable areas, restrict excess
development and maintain an appropriate balance between urban and
landscaped space on a property. Further, the overall intent of the Urban
Industrial (M4) zone is to permit general industrial use as a permitted use.
It is Arcadis’s opinion that the proposed Maximum Lot Coverage of 25% would
still maintain the intent and purpose of the Zoning By-law. The proposed
increased lot coverage would allow for the existing and/or permitted use to
expand in a staged approach over the four (4) years. The existing and/or
permitted setbacks between the buildings and adjacent lots would still be
maintained to provide sufficient space required in the Zoning By-law. It would
also allow the applicant to provide additional space for indoor storage,
minimizing any visual impacts of outdoor storage between the adjacent
properties. All other provisions of the Zoning By-law will be met, meaning no
additional variance are required.
Therefore, it is Arcadis’s opinion that the proposed variance meets the general
intent and purpose of the Zoning By-law.
Is the variance minor in nature?
It is Arcadis’s opinion that the requested variance is minor in nature, as the
proposed Maximum Lot Coverage of 25% represents an exceedance of 10%
from the required maximum. Given the significant size of the subject property,
being 4.4 hectares, relative to the surrounding lots, it is Arcadis’s opinion that
the scale and size of development is still minor in nature.
Based on the location of the proposed expansions and timeframe for the future
development over the next four (4) years, it is Arcadis’s opinion that the
increased lot coverage will not have adverse impacts to the surrounding
properties, as the subsequent Site Plan Application can address land use
compatibility concerns through site plan control measures.
Is the variance desirable for the appropriate development or use of the
lands?
It is Arcadis’s opinion that the proposed variance is desirable for the appropriate
development or use of the land, as it will facilitate the expansion of an existing
ARCADIS MEMORANDUM
Municipality of Bayham – May 7, 2024
4
urban industrial business within the Hamlet of Eden, which is currently permitted
in the Official Plan and Zoning By-law. The proposed Maximum Lot Coverage
increase to 25% will allow the existing business to contain more indoor storage
space, rather than outdoor, and to expand in a staged manner over the next four
(4) years to provide employment opportunities within the Municipality of
Bayham.
The subsequent Site Plan Application will also provide an opportunity for the
Municipality to require additional mitigation measures between the business and
adjacent properties to minimize land use conflict.
Conclusions and Recommendations
8. Based on our review of this minor variance application, Arcadis has no
objection to the proposed minor variance to permit a Maximum Lot Coverage of
25%, whereas Section 23.13.4.4 of the Zoning By-law requires a Maximum Lot
Coverage of 15%.
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc.
Christian Tsimenidis, BES
Consulting Planner to the Municipality of Bayham
REPORT
DEVELOPMENT SERVICES
TO: Committee of Adjustment Members
FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment
DATE: May 16, 2024
REPORT: DS-35/24 FILE NO. C-07 / D12.THIE
Roll # 34-01-002-001-00662 SUBJECT: Committee of Adjustment Minor Variance A-06/24 Thiessen, J & M
12 MacNeil Court, Port Burwell
BACKGROUND
John and Mary Thiessen have submitted a minor variance application for property located at 12
MacNeil Court, Port Burwell, described as Lot 7 Registered Plan No. 11M-188. 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 permit a Maximum Building Height of 8.3 metres for the
development of a new single-detached dwelling, whereas Section 10.5 of the Zoning By-law
requires a Maximum Building Height of 7.0 metres. The subject lands are located at 12 MacNeil
Court, east of Elizabeth Street in the Village of Port Burwell.
The effect of this variance is to permit an increased Maximum Building Height to accommodate a
new single-detached dwelling on the vacant subject property.
DISCUSSION
For reference purposes, Height is defined in the Zoning By-law Section 2:
HEIGHT, when used with reference to a building or structure shall mean the vertical distance
between the horizontal plane through:
a) The highest point of the roof assembly in the case of a building with a flat roof or a
deck roof;
b) Be average level of a one-slope roof, between the ridge and the eaves, provided that
a roof having a slope of less than twenty (20) degrees with the horizontal shall be
considered a flat roof;
c) The average level between eaves and ridges in the case of a roof type not covered in
sub-sections a) and b).
The Committee of Adjustment must be satisfied that the application meets the four “tests” of
Staff Report DS-35/24 Thiessen J M
Page 2
Planning Act Section 45(1) for a minor variance to the Zoning By-law. The planner’s
memorandum, dated May 7, 2024, outlines the full analysis of the four “tests” and the variances
required for compliance.
Staff and planner concur the application meets the criteria and recommends a minor variance to
Section 10.5 to permit the construction of a single-detached dwelling with a defined building
height of 8.3 metres.
STRATEGIC PLAN
Not applicable.
ATTACHMENTS
1. Application for Minor Variance A-06/24 Thiessen, J & M
2. Arcadis Memorandum, dated May 7, 2024
RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-35/24 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-06/24 submitted by John and Mary 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:
to permit a Maximum Building Height of 8.3 metres for the development of a
new single-detached dwelling, whereas Section 10.5 of the Zoning By-law
requires a Maximum Building Height of 7.0 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 May 7, 2024
From Christian Tsimenidis, BES Project No 3404 - 941
cc William Pol, MCIP, RPP
Subject John and Mary Thiessen - Application for Minor Variance to
Zoning By-law #Z456-2003 - 12 MacNeil Court, Port Burwell
Background
1. Arcadis has completed a review of Minor Variance application A-06/24,
submitted by John and Mary Thiessen for the subject property located at 12
MacNeil Court in the Village of Port Burwell. The application is requesting a
Minor Variance under Section 45 of the Planning Act to to permit a Maximum
Building Height of 8.3 metres for the development of a new single-detached
dwelling, whereas Section 10.5 of the Zoning By-law requires a Maximum
Building Height of 7.0 metres.
Subject Property and Surrounding Area
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 743.8 square metres (8,006.2
square feet) and a lot depth of 50.1 metres (167.3 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, Elizabeth Street to the
west, and within the 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.
Planning Analysis
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 variance:
ARCADIS MEMORANDUM
Municipality of Bayham – May 7, 2024
2
Does the variance 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. Further, development within the ‘Residential’ land use
designation shall be compatible with the existing adjacent and surrounding land
uses.
The proposed single-detached dwelling of 8.3 metres in height would still
maintain the low-rise residential built-form intended for the ‘Residential’ land use
designation. The proposed dwelling is also considered a permitted use and
would be compatible with the existing and contemplated low-rise development in
the surrounding area.
Therefore, it is our opinion that the proposed variance maintains the general
intent and purposes of the Bayham Official Plan.
Does the variance maintain the general intent and purpose of the Zoning
By-law?
The intent of Section 10.5 of the Zoning By-law to permit a Maximum Building
Height of 7.0 metres for primary dwellings within the ‘R1’ Zone is to maintain the
low-rise residential built form of 1 to 2 storeys in height.
It is Arcadis’s opinion that the proposed height of 8.3 metres (2-storeys) for the
new single-detached dwelling still maintains the intended low-rise built form of
the existing ‘R1-7’ Zone and surrounding area. The proposed setbacks and
planting strip from the property lines also meet the minimum requirements of the
Zoning By-law, thus providing sufficient separation and/or buffering from the
proposed dwelling to neighbouring lots. All other provisions of the Zoning By-law
will be met, meaning no additional variances are required.
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 of the ‘R1-7’ Zone.
Is the variance minor in nature?
It is Arcadis’s opinion that the requested variance is minor in nature, as the
proposed Maximum Building Height for the new single-detached dwelling
represents an exceedance of 1.3 metres, which will not present significant
impacts to adjacent properties or the overall neighbourhood.
As such, it is Arcadis’s opinion that the proposed height relative to the
surrounding properties, as well as the siting of the proposed dwelling is
designed to respect the existing area and is minor in nature.
ARCADIS MEMORANDUM
Municipality of Bayham – May 7, 2024
3
Is the variance 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 which is permitted in the
Official Plan and Zoning By-law.
Currently, the subject property does not accommodate any buildings/structures
on the vacant lands. Therefore, Arcadis is of the opinion that the proposed
height and overall scale of the proposed single-detached dwelling is compatible
with the surrounding neighbourhood of 1-2 storeys and can therefore be
considered desirable for the appropriate development or use of the land.
Conclusions and Recommendations
4. Based on our review of this minor variance application, Arcadis has no
objection to the proposed minor variance to to permit a Maximum Building
Height of 8.3 metres for the development of a new single-detached dwelling,
whereas Section 10.5 of the Zoning By-law requires a Maximum Building Height
of 7.0 metres.
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc.
Christian Tsimenidis, BES
Consulting Planner to the Municipality of Bayham
REPORT
DEVELOPMENT SERVICES
TO: Committee of Adjustment Members
FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment
DATE: May 16, 2024
REPORT: DS-36/24 FILE NO. C-07 / D12.THIE
Roll # 34-01-002-001-00652 SUBJECT: Committee of Adjustment Minor Variance A-07/24 Thiessen, J & K
2 MacNeil Court, Port Burwell
BACKGROUND
Jake and Katharina Thiessen have submitted a minor variance application for property located
at 2 MacNeil Court, Port Burwell, described as Lot 2 Registered Plan No. 11M-188. 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 the following Zoning By-law regulations for the
development of a new single-detached dwelling on the subject property located at 2 MacNeil
Court, east of Elizabeth Street in the Village of Port Burwell:
1) Section 10.5 to permit a Maximum Building Height of 8.0 metres, whereas 7.0 metres is
required, and;
2) Section 4.26 to permit a Front Yard Encroachment of 0.6 metres into the required 7.0
metre Front Yard Depth for a roofed porch exceeding one-storey in height.
The effect of this variance is to permit an increased Maximum Building Height and Front Yard
Encroachment to accommodate a new single-detached dwelling on the vacant subject property.
DISCUSSION
For reference purposes, Height is defined in the Zoning By-law Section 2:
HEIGHT, when used with reference to a building or structure shall mean the vertical distance
between the horizontal plane through:
a) The highest point of the roof assembly in the case of a building with a flat roof or a
deck roof;
b) Be average level of a one-slope roof, between the ridge and the eaves, provided that
a roof having a slope of less than twenty (20) degrees with the horizontal shall be
considered a flat roof;
Staff Report DS-36/24 Thiessen J K
Page 2
c) The average level between eaves and ridges in the case of a roof type not covered in
sub-sections a) and b).
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 May 7, 2024, outlines the full analysis of the four “tests” and the variances
required for compliance.
Staff and planner concur the application meets the criteria and recommends a minor variance to
Section 10.5 to permit the construction of a single-detached dwelling with a defined building
height of 8.0 metres and to permit the font yard encroachment of 0.6 metres for a roofed porch
exceeding one-storey in height.
STRATEGIC PLAN
Not applicable.
ATTACHMENTS
1. Application for Minor Variance A-07/24 Thiessen, J & K
2. Arcadis Memorandum, dated May 7, 2024
RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-36/24 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-07/24 submitted by Jake and Katharina 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:
to permit a Maximum Building Height of 8.0 metres for the development of a
new single-detached dwelling, whereas Section 10.5 of the Zoning By-law
requires a Maximum Building Height of 7.0 metres;
Section 4.26 to permit a front yard encroachment of 0.6 metres into the
required 7.0 metres front yard setback for a roofed porch exceeding one-storey
in height.
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 May 7, 2024
From Christian Tsimenidis, BES Project No 3404 - 942
cc William Pol, MCIP, RPP
Subject Jake and Katharina Thiessen - Application for Minor Variance
to Zoning By-law #Z456-2003 - 2 MacNeil Court, Port Burwell
Background
1. Arcadis has completed a review of Minor Variance application A-07/24,
submitted by Jake and Katharina Thiessen for the subject property located at 2
MacNeil Court in the Village of Port Burwell. The application is requesting two
(2) Minor Variances under Section 45 of the Planning Act to develop a new
single-detached dwelling, granting relief from the following Zoning By-law
regulations:
Section 10.5 to permit a Maximum Building Height of 8.0 metres,
whereas 7.0 metres is required, and;
Section 4.26 to permit a front yard encroachment of 0.6 metres into the
required 7.0 metre Front Yard Depth for a roofed porch exceeding one-
storey in height.
Subject Property and Surrounding Area
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 450.0 square metres (4843.8
square feet) and a lot depth of approximately 37.0 metres (121.4 feet). The
subject property is located at the corner of MacNeil and Elizabeth Street and 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, Elizabeth Street to the
west, and within the 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.
ARCADIS MEMORANDUM
Municipality of Bayham – May 7, 2024
2
Planning Analysis
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 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. Further, development within the ‘Residential’ land use
designation shall be compatible with the existing adjacent and surrounding land
uses.
The proposed single-detached dwelling of 8.0 metres in height would still
maintain the low-rise residential built-form intended for the ‘Residential’ land use
designation. The proposed dwelling is also considered a permitted use and
would be compatible with the existing and contemplated low-rise development in
the surrounding area. Further, the 0.6 metre front yard encroachment into the
required 7.0 metre Front Yard Setback for the two-storey height roofed porch
will maintain the low-rise residential built-form.
Therefore, it is our opinion that the proposed variance maintains 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 Maximum Building Height of 8.0 metres, whereas 7.0
metres is required.
The intent of Section 10.5 of the Zoning By-law to permit a Maximum Building
Height of 7.0 metres for primary dwellings within the ‘R1’ Zone is to maintain the
low-rise residential built form of 1 to 2 storeys in height.
It is Arcadis’s opinion that the proposed height of 8.0 metres (2-storeys) for the
new single-detached dwelling still maintains the intended low-rise built form of
the existing ‘R1-7’ Zone and surrounding area. The proposed setbacks and
planting strip from the property lines also meet the minimum requirements of the
Zoning By-law, thus providing sufficient separation and/or buffering from the
proposed dwelling to neighbouring lots.
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 of the ‘R1-7’ Zone.
ARCADIS MEMORANDUM
Municipality of Bayham – May 7, 2024
3
Variance #2: To permit a front yard encroachment of 0.6 metres into the
required 7.0 metre Front Yard Depth for a roofed porch exceeding one-storey in
height.
The intent of Section 4.26 is to allow for the minor encroachments of various
structures, such as porches, decks, balconies into the required yard setbacks. In
this case, the proposed two-storey roofed porch is not permitted, as only one-
storey roofed porches are contemplated in the Zoning By-law.
It is Arcadis’s opinion that the proposed 0.6 metre front yard encroachment into
the required 7.0 metre Front Yard Setback for the roofed porch that is two-
storeys in height will still provide for a minor encroachment that meets the intent
and purpose of the Zoning By-law. The 0.6 metre projection will not have a
significant impact to the streetscape and will still provide an overall Front Yard
Depth of 6.4 metres from the front property line to the proposed porch limit.
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 Arcadis’s opinion that the requested variances are minor in nature, as the
proposed Maximum Building Height for the new single-detached dwelling
represents an exceedance of 1.0 metre, which will not present significant
impacts to adjacent properties or the overall neighbourhood. The encroachment
of 0.6 metres into the Front Yard is minor and will not have a significant impact
to the streetscape and/or public realm.
As such, it is Arcadis’s opinion that the proposed height relative to the
surrounding properties, as well as the siting of the proposed dwelling is
designed to respect the existing area and is minor in nature.
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 it will facilitate the construction of a new
single-detached dwelling on the subject property which is permitted in the
Official Plan and Zoning By-law.
Currently, the subject property does not accommodate any buildings/structures
on the vacant lands. Therefore, Arcadis is of the opinion that the proposed
height, scale, and siting of the proposed single-detached dwelling is compatible
with the surrounding neighbourhood of 1-2 storeys and can therefore be
considered desirable for the appropriate development or use of the land.
Conclusions and Recommendations
4. Based on our review of this minor variance application, Arcadis has no
objection to the proposed minor variances to provide relief from the following
ARCADIS MEMORANDUM
Municipality of Bayham – May 7, 2024
4
Zoning By-law regulations for the construction of a new single-detached
dwelling:
Section 10.5 to permit a Maximum Building Height of 8.0 metres,
whereas 7.0 metres is required, and;
Section 4.26 to permit a front yard encroachment of 0.6 metres for a
roofed porch exceeding one-storey in height.
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc.
Christian Tsimenidis, BES
Consulting Planner to the Municipality of Bayham