HomeMy WebLinkAboutJune 06, 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, June 6, 2024
6:30 p.m.
A. Minor Variance Application A-08/24 55091, 55111 and 55121 Jackson Line, Dan
Froese Farms Inc.
B. Minor Variance Application A-09/24 5270 Plank Road, Wieler
C. Minor Variance Application A-10/24 53777 Talbot Line, Roy Schrijver Farms Ltd.
The June 6, 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 May 16, 2024
4. APPLICATION
A. Minor Variance Application A-08/24 55091, 55111 and 55121 Jackson Line, Dan Froese
Farms Inc.
THE PURPOSE of this variance is to permit the conversion of an existing permanent house barn
of 80.0 m2 (861.113 ft2) in gross floor area to a Supplementary Farm Dwelling to accommodate
one (1) seasonal farm labourer in accordance with Section 2.1.10.1 of the Bayham Official Plan.
The subject property is one (1) parcel consisting of (3) municipal addresses located at 55091,
55111, and 55121 Jackson Line, south side, west of Plank Road.
THE EFFECT of this variance will be to permit a Supplementary Farm Dwelling on the subject
property to accommodate one (1) seasonal farm labourer in the existing permanent house barn
for the time period between March 1st and November 30th.
B. Minor Variance Application A-09/24 5270 Plank Road, Wieler
THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations for
the development of an Additional Residential Unit (ARU) within a detached accessory building on
the subject property located at 5270 Plank Road, east side, south of Tunnel Line:
1) Section 4.2.c) to permit an accessory building in the front yard;
2) Section 4.2.d) to permit an accessory building closer to the street than the main building, and;
2
3) Section 4.2.f) to permit an accessory building that is 41.0% of the principal farm dwelling,
whereas 25% is required for accessory use buildings accessory to principal farm dwellings.
THE EFFECT of this variance is to permit an ARU within an accessory building located in the
front yard and closer to the street than the main building, as well as an increased percent
coverage of an accessory building accessory to a principal farm dwelling on the subject property.
C. Minor Variance Application A-10/24 53777 Talbot Line, Roy Schrijver Farms Ltd.
THE PURPOSE of this variance is to permit a Minimum Distance Separation (MDS) II setback of
18.5 metres from the Provincial highway road allowance to a proposed barn expansion, whereas
Section 4.56.2 of the Zoning By-law requires 36.0 metres. The subject lands are located at 53777
Talbot Line, south side, and west of Culloden Road.
THE EFFECT of this variance is to reduce the MDS II setback from the Provincial highway road
allowance to the proposed expansion of an existing barn for the current dairy farm operations on
the subject property.
5. STAFF PRESENTATION
A. Report DS-42/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-08/24 Dan
Froese Farms Inc.
B. Report DS-43/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-09/24
Wieler
C. Report DS-44/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-10/24 Roy
Schrijver Farms
6. PRESENTATIONS BY APPLICANT/AGENT
7. PUBLIC SUBMISSIONS
Public Comments Received by May 31, 2024:
Robert Gregson, letter
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, 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 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: DAVID ROWE
PUBLIC ATTENDEES B: JOHN THIESSEN
PUBLIC ATTENDEES C: N/A
1. CALL TO ORDER
Chair Ketchabaw called the meeting to order at 6:30 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 April 18, 2024
Moved by: Committee Member Weisler
Seconded by: Committee Member Froese
THAT the minutes from the Committee of Adjustment Meeting held April 18, 2024 be
approved as presented.
CARRIED
2
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.
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
Secretary/Treasurer M. Underhill presented Report DS-34/24.
6. PRESENTATIONS BY APPLICANT/AGENT
Agent, David Rowe, summarized the application and believes meets the four tests for approval.
Mr. Rowe noted the applicant is also present for any questions.
7. PUBLIC SUBMISSIONS
No submissions.
8. COMMITTEE QUESTIONS AND DISCUSSION
Committee Member Weisler inquired about noise mitigation. It was noted that there has been
signage added to trucks as well as berms and fencing constructed.
9. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Chilcott
Seconded by: Committee Member Weisler
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;
3
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%.
CARRIED
10. APPLICATION
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.
11. STAFF PRESENTATION
B. Report DS-35/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-06/24
Thiessen, J & M 12 MacNeil Court
Secretary/Treasurer M. Underhill presented Report DS-35/24.
12. PRESENTATIONS BY APPLICANT/AGENT
Applicant, John Thiessen, briefly summarized the application.
13. PUBLIC SUBMISSIONS
No public submissions.
14. COMMITTEE QUESTIONS AND DISCUSSION
No committee questions.
15. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Chilcott
Seconded by: Committee Member Froese
THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-35/24 regarding the
Thiessen minor variance be received;
4
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.
CARRIED
16. APPLICATION
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.
17. STAFF PRESENTATION
C. Report DS-36/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-07/24
Thiessen, J & K 2 MacNeil Court
Secretary/Treasurer M. Underhill presented Report DS-36/24.
18. PRESENTATIONS BY APPLICANT/AGENT
No presentations.
5
19. PUBLIC SUBMISSIONS
One (1) email received in opposition of the application. M. Underhill circulated the
correspondence to the committee for consideration.
20. COMMITTEE QUESTIONS AND DISCUSSION
The committee inquired on where the height of a building is measured to. M. Underhill noted that
the measurements are to do with defined height. M. Underhill noted that this subdivision has
been granted approval for smaller sized lots which may result in designs requiring a more
pitched roof.
21. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Emerson
Seconded by: Committee Member Froese
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.
CARRIED
22. ADJOURNMENT
Moved by: Committee Member Emerson
Seconded by: Committee Member Weisler
THAT the Committee of Adjustment Meeting for consideration of Minor Variance Applications A-
05/24, A-06/24 and A-07/24 be adjourned at 6:56 p.m.;
6
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-08/24
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: DAN FROESE FARMS INC.
LOCATION: 55091, 55111, AND 55121 JACKSON LINE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a
proposed Minor Variance (A-08/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of
Bayham will hold a public meeting on June 6, 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 the conversion of an existing permanent house barn
of 80.0 m2 (861.113 ft2) in gross floor area to a Supplementary Farm Dwelling to accommodate
one (1) seasonal farm labourer in accordance with Section 2.1.10.1 of the Bayham Official Plan.
The subject property is one (1) parcel consisting of (3) municipal addresses located at 55091,
55111, and 55121 Jackson Line, south side, west of Plank Road.
THE EFFECT of this variance will be to permit a Supplementary Farm Dwelling on the subject
property to accommodate one (1) seasonal farm labourer in the existing permanent house barn
for the time period between March 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 4:00 pm on Thursday, May 30, 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 24th 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
A-09/24
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: DANIEL WIELER
LOCATION: 5270 PLANK ROAD
TAKE NOTICE that the Municipality of Bayham has received a complete application for a
proposed Minor Variance (A-09/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of
Bayham will hold a public meeting on June 6, 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 an Additional Residential Unit (ARU) within a detached accessory building on
the subject property located at 5270 Plank Road, east side, south of Tunnel Line:
1) Section 4.2.c) to permit an accessory building in the front yard;
2) Section 4.2.d) to permit an accessory building closer to the street than the main building,
and;
3) Section 4.2.f) to permit an accessory building that is 41.0% of the principal farm dwelling,
whereas 25% is required for accessory use buildings accessory to principal farm
dwellings.
THE EFFECT of this variance is to permit an ARU within an accessory building located in the
front yard and closer to the street than the main building, as well as an increased percent coverage
of an accessory building accessory to a principal farm dwelling 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 4:00 pm on Thursday, May 30, 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 24th 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
A-10/24
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-10/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of
Bayham will hold a public meeting on June 6, 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 Minimum Distance Separation (MDS) II setback of
18.5 metres from the Provincial highway road allowance to a proposed barn expansion, whereas
Section 4.56.2 of the Zoning By-law requires 36.0 metres. The subject lands are located at 53777
Talbot Line, south side, and west of Culloden Road.
THE EFFECT of this variance is to reduce the MDS II setback from the Provincial highway road
allowance to the proposed expansion of an existing barn for the current dairy farm operations 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 4:00 pm on Thursday, May 30, 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 24th 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
REPORT
DEVELOPMENT SERVICES
TO: Committee of Adjustment Members
FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment
DATE: June 6, 2024
REPORT: DS-42/24 FILE NO. C-07 / D12.DANF
Roll # 34-01-000-003-02300 SUBJECT: Committee of Adjustment Minor Variance A-08/24 Dan Froese Farms Inc.
55121 Jackson Line, Straffordville
BACKGROUND
Agent Kimberly Mulder has submitted Minor Variance Application A08/24 on behalf of Dan Froese Farms Inc. for one (1) parcel consisting of three (3) municipal addresses located at 55091, 55111, and 55121 Jackson Line, south side, west of Plank Road, east of Mitchell Road. The property is designated “Agriculture”, “Natural Heritage” and “Natural Gas Reservoir” on
Schedule ‘A1’ – Land Use of the Official Plan. The property is zoned “Agricultural (A1) on Schedule ‘A’ Map No. 8 of the Zoning By-law No. Z456-2003.
The purpose of this variance is to permit the conversion of an existing permanent house barn of 80.0 m2 (861.11 ft2) in gross floor area to a Supplementary Farm Dwelling to accommodate one (1) seasonal farm labourer in accordance with Section 2.1.10.1 of the Bayham Official Plan.
The effect of this variance will be to permit a Supplementary Farm Dwelling on the subject property to accommodate one (1) seasonal farm labourer in the existing permanent house barn for the time period between March 1st and November 30th. DISCUSSION Dan Froese Farms Inc. is seeking to have permission to have a supplementary farm dwelling on the farm for seasonal farm labour during the spring, summer, and fall months to assist with farm operations for vegetable and cash crops. The Owner has applied for the use for the time period of March 1 to November 30 in any calendar year.
From the building department perspective, the Owner will have to apply for a Change of Use Permit, as well as, at the Building Permit Application stage, the applicant will be required to demonstrate that the proposed Supplementary Farm Dwelling will have adequate quantity and quality of drinking water and adequate sanitary sewage facilities (septic). Servicing requirements will also be included in the follow-up Development Agreement.
The Committee of Adjustment must be satisfied that the application meets the four “tests” of
Staff Report DS-42/24 Dan Froese Farms
Page 2
Planning Act Section 45(1) for a minor variance to the Zoning By-law. The planner’s memorandum, dated May 29, 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 granting the minor
variance to permit the the conversion of a one-storey permanent house barn of 80.0 m2 (861.11 ft2), in gross floor area to a Supplementary Farm Dwelling to accommodate one (1) seasonal farm labourer for the time period between March 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 one (1) seasonal worker 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, and;
• Ensuring a building permit is obtained in accordance to the Ontario Building Code. STRATEGIC PLAN Not applicable. ATTACHMENTS 1. Application for Minor Variance A-08/24 Dan Froese Farms Inc.
2. Arcadis Memorandum, dated May 29, 2024 RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-42/24 regarding
the Dan Froese Farms 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-08/24 submitted by Dan Froese Farms Inc. 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 a one-storey permanent house barn of 80.0 m2 (861.11 ft2), in gross floor area to a Supplementary Farm Dwelling to accommodate one (1) seasonal farm
Staff Report DS-42/24 Dan Froese Farms
Page 3
labourer for the time period between March 1st and November 30th, subject to the owner entering into an 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 May 29, 2024
From Christian Tsimenidis, BES Project No 3404 - 946
cc William Pol, MCIP, RPP
Subject Dan Froese Farms Inc. - Application for Minor Variance to
Zoning By-law #Z456-2003 - 55091, 55111, and 55121
Jackson Line
Background
1. We have completed our review of Minor Variance Application A-08/24, submitted
by Kimberly Mulder on behalf of the property owner, Dan Froese Farms Inc., for
the subject property located at 55091, 55111, and 55121 Jackson Line, west side
of Plank Road and east side of Mitchell Road. The subject property is one (1)
parcel consisting of (3) municipal addresses. The applicant is requesting a Minor
Variance under Section 45 of the Planning Act to permit the conversion of an
existing permanent house barn of 80.0 m2 (861.11 ft2) in gross floor area to a
Supplementary Farm Dwelling to accommodate one (1) seasonal farm labourer
for the time period between March 1st and November 30th.
2. 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 one (1) existing seasonal full-time farm labourer, during the
spring, summer and fall months to help with farm operations for vegetable and
cash crops.
Subject Property and Surrounding Area
3. The subject property is currently designated as ‘Agriculture’, ‘Natural Heritage’
and ‘Natural Gas Reservoir’ 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)’ on Schedule A Map No.8 of the
Bayham Zoning By-law No. Z456-2003. The subject property can be described
as a rectangular shaped parcel that has a lot area of 41.5 hectares (102.6 acres),
a lot depth of 1,440 metres (4,724.4 feet), and a lot frontage of 430.0 metres
(1,410.8 feet).
ARCADIS MEMORANDUM
Municipality of Bayham – May 29, 2024
2
4. The subject property is currently used for agricultural purposes, notably an
existing vegetable and cash crop operation. Three (3) single-detached residential
dwellings exist on the subject property along with a number of existing buildings
and structures pertaining to the agricultural operation. The three (3) single-
detached residential dwellings are occupied by the property owner and two (2)
tenants. The existing buildings and structures pertaining to agricultural operations
include a greenhouse, shop and four (4) barns. One (1) barn is to be retained as
a Supplementary Farm Dwelling.
5. Other than the existing permanent house barn 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 Jackson Line, will remain unaltered. The existing permanent house
barn is currently serviced by a private well, pumphouse and septic system. At the
Building Permit Application stage, the applicant will be required to demonstrate
that the proposed Supplementary Farm Dwelling will have adequate quantity and
quality of drinking water and adequate sanitary sewage facilities (septic). Matters
pertaining to adequate servicing will also be included in the Development
Agreement between the Municipality and owner.
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, including watercourses and woodlands to the
northwest and southeast that run through the subject property and are regulated
by the Long Point Region Conservation Authority (LPRCA). As previously noted,
the subject property is also impacted by regulated ‘Hazard Lands’ identified in the
Bayham Official Plan. The existing permanent house barn to be converted to a
Supplementary Farm Dwelling is located outside of the Natural Heritage features,
Hazard Lands, and regulated areas.
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 vegetable and cash crop
farming operation requires seasonal farm labourers to support the existing
operations. As per the applicant, the seasonal farm labourer would assist
with farm operations related to crop harvesting during the busy harvest
season. It is Arcadis’s opinion that a need for the Supplementary Farm
Dwelling is demonstrated.
ARCADIS MEMORANDUM
Municipality of Bayham – May 29, 2024
3
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 permanent house barn
would make efficient use of an existing structure that can accommodate a
seasonal farm labourer.
c) Location: Sufficient justification must be provided to show how the location
of the supplementary farm dwelling makes efficient use of existing 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 detached house barn to be converted is within the
farm building cluster. It is understood that the existing building has access
to private well, pumphouse 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 Arcadis’s opinion that no new land use impacts will
occur as a result of this Minor Variance. As part of the Change of Use Permit
required at the Building Permit stage, confirmation of the existing septic
system, fire separation between uses, along with other building code
requirements will need to be provided.
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 80.0 m2 (861.11 ft2), utilizing the existing
one-storey permanent house barn. Given that the proposed Supplementary
Farm Dwelling would be in an existing building and would meet the preferred
maximum height of one-storey and floor area, it is Arcadis’s opinion that the
dwelling is an appropriate size to be efficiently used 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,
ARCADIS MEMORANDUM
Municipality of Bayham – May 29, 2024
4
Comment: It is understood that the proposed Supplementary Farm
Dwelling will utilize the existing private well and pumphouse currently
supporting the existing dwellings on the subject property. An existing septic
system currently services the permanent house barn. As part of the Building
Permit Application and 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 Arcadis’s opinion
that there will not be a significant increase in traffic from the one (1)
seasonal farm labourer.
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 development 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 Arcadis’s opinion that the proposed variance meets the criteria in
Section 2.1.10.1.
Therefore, it is Arcadis’s opinion that the proposed Supplementary Farm Dwelling
to accommodate one (1) seasonal farm labourer 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) Zone. The location of the proposed Supplementary Farm
Dwelling will not impact agricultural operations adjacent to or on the subject
property and are in compliance to the ‘A1’ Zoning regulations.
Further, no permanent buildings or structures shall be erected or used on lands
which exhibit, or potentially exhibit, a hazardous condition. The proposed
ARCADIS MEMORANDUM
Municipality of Bayham – May 29, 2024
5
Supplementary Farm Dwelling is located outside of the areas designated as
‘Hazard Lands’ on the subject property.
It is therefore Arcadis’s 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 Arcadis’s opinion that the
existing scale and size of the house barn 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 property, as well as the surrounding
agricultural uses, it is not anticipated that the neighbouring properties will be
adversely impacted by the conversion. Further, it is Arcadis’s opinion that there
will not be a significant increase in traffic from the one (1) seasonal farm labourer,
especially given the seasonal nature of this use.
Therefore, it is Arcadis’s opinion that the proposed variance is minor in nature.
Is the variance desirable for the appropriate development or use of the
lands?
It is understood the existing vegetable and cash crop farm operation requires
additional labour to assist with crop harvesting during the busy harvest season.
Given that all other uses on the subject property will remain as they exist today, it
is Arcadis’s opinion there are no sensitive uses in proximity to the proposed
Supplementary Farm Dwelling that will create a conflict. It is also Arcadis’s opinion
that the scale of the dwelling, as well as the number of occupants, being only one
(1) seasonal farm labourer, is appropriate.
Therefore, it is Arcadis’s opinion that the use of an existing permanent house barn
for the purpose of a 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-08/24, we have no
objection to the proposed Minor Variance to permit the conversion of a one-storey
permanent house barn of 80.0 m2 (861.11 ft2), in gross floor area to a
Supplementary Farm Dwelling to accommodate one (1) seasonal farm labourer
for the time period between March 1st and November 30th, subject to the owner
entering into an agreement with the Municipality for, but not limited to:
Establishing the maximum of one (1) seasonal worker 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;
ARCADIS MEMORANDUM
Municipality of Bayham – May 29, 2024
6
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, and;
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
REPORT
DEVELOPMENT SERVICES
TO: Committee of Adjustment Members
FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment
DATE: June 6, 2024
REPORT: DS-43/24 FILE NO. C-07 / D12.WIEL
Roll # 34-01-000-002-01300 SUBJECT: Committee of Adjustment Minor Variance A-09/24 Wieler, Dan
5270 Plank Road, Vienna
BACKGROUND
Agent Tony Wall (View It Design Inc.), on behalf of Dan Wieler (Owner of the subject property),
has submitted a minor variance application for property located at 5270 Plank Road, east side, south of Tunnel Line, Vienna. The subject property is currently designated as ‘Agriculture’ and “Natural Gas Reservoir” in Schedule ‘A1’ – Municipality of Bayham: Land Use of the Bayham
Official Plan. The subject property is currently designated as “Hazard Lands” in Schedule ‘A2’ – Municipality of Bayham: Constraints of the Bayham Official Plan. The subject property is currently zoned as ‘Agricultural (A1)’ in the Bayham 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 an Additional Residential Unit (ARU) within a detached accessory building on the subject property, specifically: 1) Section 4.2.c) to permit an accessory building in the front yard; 2) Section 4.2.d) to permit an accessory building closer to the street than the main building,
and; 3) Section 4.2.f) to permit an accessory building that is 41.0% of the principal farm dwelling,
whereas 25 percent is required for accessory use buildings accessory to principal farm dwellings.
The effect of this variance is to permit an ARU within an accessory building located in the front yard and closer to the street than the main building, as well as an increased percent coverage of an accessory building accessory to a principal farm dwelling on the subject property. 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 May 29, 2024, outlines the full analysis of the four “tests” and the
Staff Report DS-43/24 Wieler Page 2
variances required for compliance. At the Building Permit Application stage, the applicant will be required to demonstrate that the proposed ARU will connect to the public water supply system and private on-site sewage system, demonstrating the on-site servicing has sufficient capacity for the ARU.
Staff and planner concur the application meets the criteria to permit the placement of an ARU at 5270 Plank Road and recommends granting a minor variance to specific sections of Zoning By-law No. Z456-2003 Section 4 as listed in the recommendation.
STRATEGIC PLAN
Not applicable. ATTACHMENTS 1. Application for Minor Variance A-09/24 Wieler 2. Arcadis Memorandum, dated May 29, 2024 RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-43/24 regarding the Wieler 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-09/24 submitted by Dan Wieler 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, specifically:
• Section 4.2.c) to permit an accessory building (ARU) in the front yard;
• Section 4.2.d) to permit an accessory building (ARU) closer to the street than the main building, and;
• Section 4.2.f) to permit an accessory building (ARU) that is 41.0 percent of the principal farm dwelling, whereas 25 percent is required for accessory use buildings accessory to principal farm dwellings. 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 29, 2024
From Christian Tsimenidis, BES Project No 3404 - 946
cc William Pol, MCIP, RPP
Subject Daniel Wieler - Application for Minor Variance to Zoning By-law
#Z456-2003 - 5270 Plank Road
Background
1. Arcadis has completed a review of Minor Variance application A-09/24, submitted
by Tony Wall (View It Design Inc.) on behalf of Daniel Wieler, owner of the subject
property located at 5270 Plank Road. The application is requesting three (3) Minor
Variances under Section 45 of the Planning Act to develop an Additional
Residential Unit (ARU) within a detached accessory building, granting relief from
the following Zoning By-law regulations:
Section 4.2.c) to permit an accessory building in the front yard;
Section 4.2.d) to permit an accessory building closer to the street than
the main building, and;
Section 4.2.f) to permit an accessory building that is 41.0% of the
principal farm dwelling, whereas 25% is required for accessory use
buildings accessory to principal farm dwellings.
Subject Property and Surrounding Area
2. The subject property is currently designated as ‘Agriculture’ and “Natural Gas
Reservoir” in Schedule ‘A1’ – Municipality of Bayham: Land Use of the Bayham
Official Plan. The subject property is currently designated as “Hazard Lands” in
Schedule ‘A2’ – Municipality of Bayham: Constraints of the Bayham Official Plan.
The subject property is currently zoned as ‘Agricultural (A1)’ in the Bayham
Zoning By-law No. Z456-2003.
3. The subject property has a lot area of 44,110 square metres (4.4 hectares) and a
lot frontage of approximately 37.8 metres (124.0 feet). The subject property is
located at the corner of Teall Nevill Road and Plank Road and is currently
occupied by the owner for agricultural and residential uses. There is an existing
access from Plank Road that will continue to be utilized and unaltered as a result
of this proposal. The subject property is currently serviced by the public water
ARCADIS MEMORANDUM
Municipality of Bayham – May 29, 2024
2
supply system and private septic system. At the Building Permit Application stage,
the applicant will be required to demonstrate that the proposed ARU will connect
to the public water supply system and private on-site sewage system,
demonstrating the on-site servicing has sufficient capacity for the ARU.
4. The subject property is surrounded by agricultural or residential lots, including
low-rise residential and agricultural uses. Notably, agricultural lands surround the
north, east, south and west sides of the subject property with single-detached
dwellings along Plank Road, and Tunnel Line to the north. The subject property
is also south of the Village of Vienna. As previously noted, the northern portion of
the subject property is impacted by regulated ‘Hazard Lands’ identified in the
Bayham Official Plan. The proposed location of the accessory building for an ARU
is outside of these regulated areas. The proposal does not contemplate any new
development within the regulated portions of the subject property.
Planning Analysis
5. 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 ‘Agricultural’ land use designation is intended to encourage and support all
types, sizes, and intensities of agricultural uses and normal farm practices in order
to exhibit and maintain characteristics of ongoing agricultural uses. Further,
secondary uses and agriculture-related uses developed within the ‘Agricultural’
land use designation shall be compatible with agricultural uses and not contribute
to land use conflicts.
The proposed one-storey ARU within an ancillary structure of 86.25 square
metres (928.4 square feet) would not contribute to land use conflicts with
agricultural practices on the subject property or within the surrounding area. The
proposed ARU is also considered a permitted use and would be serviced by the
existing public water supply system, as well as the private septic system that
currently services the property. Further, the 41.0% coverage of the accessory
building size accessory to the principal farm dwelling increased from the permitted
25% will maintain the general form and character of the low-rise residential uses
on the subject property and surrounding area.
The proposed location of the accessory building, being in the front yard and closer
to the street than the main dwelling is also in-keeping with the ‘Hazard Lands’
designation. The proposed location for the accessory building with an ARU will be
located outside of these regulated lands, thus protecting public health and safety
for a sensitive use.
ARCADIS MEMORANDUM
Municipality of Bayham – May 29, 2024
3
Therefore, it is our opinion that the proposed variances maintain 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 an accessory building in the front yard.
The intent of Section 4.2.c) of the Zoning By-law is to prohibit accessory structures
for non-farm uses within front yards in order to not dominate the main building
from the streetscape.
It is Arcadis’s opinion that the proposed placement of the ARU within the front
yard of the subject property will continue to maintain the built form and agricultural
character of the subject property.
The proposed setbacks from the property lines also meet the minimum
requirements of the Zoning By-law, thus providing sufficient separation and/or
buffering from the proposed accessory building for an ARU to neighbouring lots.
There are also existing trees along the frontage of the subject property, thus
providing a visual buffer from the public realm. This ensures the proposed
accessory building does not dominate the front yard and have a negative visual
impact from the streetscape.
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
agricultural character of the ‘A1’ Zone.
Variance #2: To permit an accessory building closer to the street than the main
building.
Similar to the above noted variance, the intent and purpose of Section 4.2 d) of
the Zoning By-law is to avoid accessory buildings closer to the street than the
dwelling for aesthetic purposes and to avoid undue noise or activity carried out in
association with the accessory building from the public street. The applicant is
proposing the detached accessory building closer to the street than the main
single-detached dwelling, as the grading of the front yard provides easier access
for public service connection, as well as avoid areas on the subject property
regulated as ‘Hazard Lands’.
It is our opinion that the proposed location of the detached accessory building,
being closer to Plank Road than the single-detached dwelling, would not cause
significant impacts to the adjacent uses and surrounding area, as the applicant is
providing a front yard depth of approximately 37.8 metres. This will reduce
negative visual impacts from the street, as well as undue noise or activity from the
proposed structure to the public realm. Therefore, it is our opinion that the
proposed variance to permit the detached accessory unit closer to the street than
the main building meets the general intent and purpose of the Zoning By-law.
ARCADIS MEMORANDUM
Municipality of Bayham – May 29, 2024
4
Variance #3: To permit an accessory building that is 41.0% of the principal farm
dwelling, whereas 25% is required for accessory use buildings accessory to
principal farm dwellings.
The intent and purpose of Section 4.2.f) of the Zoning By-law is to avoid accessory
buildings that are non-farm related to dominate the principal farm dwelling and
subject property in order to maintain the character of the ‘A1’ Zone.
The applicant is proposing an accessory building that is 41.0% of the principal
farm dwelling, whereas 25% is required for accessory use buildings accessory to
principal farm dwellings. The proposed increase in percent coverage is still
smaller and subordinate to the existing primary dwelling on the subject property
and will not dominate the primary dwelling or the public’s view from the
streetscape, as mature trees along the front of the subject property act as a visual
buffer.
It is our opinion that the proposed variance meets the general intent and purpose
of the Zoning By-law, as the proposed detached accessory building remains
subordinate to the principal farm dwelling on the subject property.
Are the variances minor in nature?
It is Arcadis’s opinion that the requested variances are minor in nature, as the
proposed detached accessory building in the front yard and location closer to the
street than the main building, as well as the increased coverage of the accessory
building size relative to the principal farm dwelling will maintain compatibility with
agricultural uses and will not contribute to land use conflicts with adjacent
properties. The overall proposed siting, scale and orientation of the proposed
detached accessory building is designed to respect the existing and surrounding
properties.
As such, it is Arcadis’s opinion that the proposed percent coverage of the
detached accessory building accessory to the principal farm dwelling, and the
siting of the proposed accessory building 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 ARU
on the subject property which is permitted in the Official Plan and Zoning By-law.
The proposed location in the front yard and closer to the street than the main
building is appropriate, as it is located outside of the regulated ‘Hazard Lands’
and will not have any adverse impacts to the existing agricultural lands on the
subject property.
Therefore, Arcadis is of the opinion that the proposed scale, design, siting, and
orientation of the detached accessory building are complementary to the existing
ARCADIS MEMORANDUM
Municipality of Bayham – May 29, 2024
5
site and surrounding area and can therefore be considered desirable for the
appropriate development or use of the land.
Conclusions and Recommendations
6. Based on our review of this minor variance application, Arcadis has no objection
to the proposed minor variances to provide relief from the following Zoning By-
law regulations for the construction of a new detached accessory building:
Section 4.2.c) to permit an accessory building in the front yard;
Section 4.2.d) to permit an accessory building closer to the street than
the main building, and;
Section 4.2.f) to permit an accessory building that is 41.0% of the
principal farm dwelling, whereas 25% is required for accessory use
buildings accessory to principal farm dwellings.
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: June 6, 2024
REPORT: DS-44/24 FILE NO. C-07 / D12.SCHR
Roll # 34-01-000-007-05100 SUBJECT: Committee of Adjustment Minor Variance A-10/24 Roy Schrijver Farms
53777 Talbot Line
BACKGROUND
Roy Schrijver Farms Ltd. has submitted a minor variance application for property located at
53777 Talbot Line, east of Springer Hill Road, west of Culloden Road. 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. 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). The purpose of the application is to request a Minor Variance under Section 45 of the Planning
Act to permit a Minimum Distance Separation (MDS) II setback of 18.5 metres from the Provincial highway road allowance to a proposed barn expansion, whereas Section 4.56.2 of Zoning By-law No. Z456-2003 requires 36.0 metres. The owner intends to expand the existing barn to provide the needs of water and a manure system for the dairy farm operations.
The effect of this variance is to reduce the MDS II setback from the Provincial highway road allowance to the proposed expansion of an existing barn for the current dairy farm operations on the subject property. 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 May 30, 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 recommend the granting of the variance to permit a MDS II setback of 18.5 metres from the Provincial Highway 3 (Talbot Line) road allowance to a proposed barn expansion, whereas 36.0 metres is required.
Staff Report DS-44/24 Roy Schrijver
Page 2
STRATEGIC PLAN
Not applicable. ATTACHMENTS 1. Application for Minor Variance A-10/24 Roy Schrijver Farms Ltd. 2. Arcadis Memorandum, dated May 30, 2024 RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-44/24 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-10/24 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 4.56.2 - to permit a MDS II setback of 18.5 metres from the Provincial
Highway 3 (Talbot Line) road allowance to a proposed barn expansion, whereas 36.0 metres is required.
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 30, 2024
From Christian Tsimenidis, BES Project No 3404 - 947
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. Arcadis has completed a review of Minor Variance application A-10/24, submitted
by Roy Schrijver for the subject property located at 53777 Talbot Line. The
application is requesting a Minor Variance under Section 45 of the Planning Act
to permit a Minimum Distance Separation (MDS) II setback of 18.5 metres from
the Provincial highway road allowance to a proposed barn expansion, whereas
Section 4.56.2 of the Zoning By-law requires 36.0 metres. The owner intends to
expand the existing barn to provide the needs of water and a manure system for
the dairy farm operations.
Subject Property and Surrounding Area
2. 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.
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).
3. 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, an existing
single-detached building (for a Supplementary Farm Dwelling, as per MV
Application File No. A-03/24), and a new single-detached dwelling that was
recently constructed. Other than the proposed expansion of the existing barn, it
is understood that all other 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.
ARCADIS MEMORANDUM
Municipality of Bayham – May 30, 2024
2
4. 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 (LPRCA). The proposed barn expansion is located
outside of the Natural Heritage features and regulated area.
Planning Analysis
5. The MDS formulae and guidelines are land use planning tools that determine
setback distances between livestock barns, manure storages or anaerobic
digesters and surrounding land uses, with the objective of minimizing land use
conflicts and nuisance complaints related to odour. MDS II setbacks are
determined between proposed new or altered livestock facilities and/or anaerobic
digesters and existing or approved development, lot lines and road allowances.
In this case, the proposed barn expansion for the existing dairy farm operations
does not meet the required MDS II setback from the road allowance.
6. As per Implementation Guideline #43 of the MDS document, this section provides
specific direction on minor variances and reducing required MDS II setbacks,
which states:
“MDS II setbacks should not be reduced except in limited site specific
circumstances that meet the intent of this MDS Document. Examples may
include circumstances that mitigate environmental or public health and
safety impacts, or avoid natural or human-made hazards.
If deemed appropriate by a municipality, the process by which a reduction
to MDS II may occur is typically a minor variance to the local zoning by-
law or to a lesser extent a site specific zoning by-law amendment.”
7. In this case, the Municipality and Arcadis has deemed that a Minor Variance
Application is appropriate to seek relief from the required MDS II setback. 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 ‘Agriculture’ land use designation is intended to permit a broad range of
agricultural practices and protect the agricultural lands within the Municipality.
Further, this designation is intended to ensure that agricultural operations are
protected from surrounding land uses by incorporating the MDS Formulae in order
to prevent adverse effects from odour.
The proposed variance for a reduced MDS II setback from the road allowance will
allow for the expansion of an existing and permitted agricultural operation and
further protection of agricultural uses. The proposed barn expansion location is
required to minimize impact to the existing agricultural field and maintain
ARCADIS MEMORANDUM
Municipality of Bayham – May 30, 2024
3
development within the existing cluster of farm-related buildings/structures. The
expansion of the agricultural operation does not require any further reduction in
the required MDS II setbacks from surrounding residential dwellings, thus
preventing adverse effects from odour to sensitive uses.
Therefore, it is Arcadis’s 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 4.56.2 of the Zoning By-law is to ensure that the required
MDS II setbacks are implemented to reduce incompatibility concerns from odour
with respect to new livestock facilities. This is to ensure consistency with the
Provincial Policy Statement.
The proposed location of the barn expansion is unable to meet the MDS II setback
requirement from the road allowance based on the existing location of the barn to
be expanded. The proposed barn expansion will meet the required MDS II
setbacks from surrounding residential dwellings and is compatible with the
surrounding agricultural land uses in the area. The proposed expansion also
ensures that the livestock facilities are located outside of the LPRCA regulated
areas, which means environmental impacts to the natural environment will be
mitigated based on the proposed location.
Therefore, it is Arcadis’s opinion that the proposed variance meets the general
intent and purpose of the Bayham 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 MDS II setback from the road allowance for the barn expansion
represents a deficiency of 17.5 metres, which will not present significant impacts
to adjacent properties or the overall area. The proposed setback will allow the
proposed barn expansion to align with the existing buildings/structures on the site.
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 the existing
barn for the agricultural use on the subject property, which is permitted in the
Official Plan and Zoning By-law.
The nature of this minor variance application is to seek a reduced setback from
the road allowance for the proposed barn expansion located within the Agricultural
area of the Municipality. The expansion of the agricultural operation does not
require any further reduction in the required MDS II setbacks from surrounding
residential dwellings. The proposed expansion is also located outside of the
LPRCA regulated areas.
ARCADIS MEMORANDUM
Municipality of Bayham – May 30, 2024
4
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 MDS II setback of 18.5 metres from
the Provincial highway road allowance to a proposed barn expansion, whereas
Section 4.56.2 of the Zoning By-law requires 36.0 metres.
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc.
Christian Tsimenidis, BES
Consulting Planner to the Municipality of Bayham