HomeMy WebLinkAboutApril 18, 2024 - Planning - Committee of AdjustmentTHE 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:
STAFF PRESENT:
CAO
CLERK
SECRETARY/TREASURER
PUBLIC ATTENDEES A:
PUBLIC ATTENDEES B:
1. CALL TO ORDER
Chair Ketchabaw called the meeting to order at 6:45 p.m.
ED KETCHABAW
RAINEY WEISLER
TIMOTHY EMERSON
DANFROESE
SUSAN CHILCOTT
THOMAS THAYER
MEAGAN ELLIOTT
MARGARET UNDERHILL
JESSE FROESE
MARTY SMITH
CORNELIUS SAWATZKY
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.
...
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
(Al -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 (Al -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.
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: a dz
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C IRP R, ON SECRETAR TREASURER