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Home My WebLink AboutMay 16, 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, 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: STAFF PRESENT: CAO CLERK SECRETARY/TREASURER PUBLIC ATTENDEES A: PUBLIC ATTENDEES B: PUBLIC ATTENDEES C: 1. CALL TO ORDER Chair Ketchabaw called the meeting to order at 6:30 p.m. ED KETCHABAW RAINEY WEISLER TIMOTHY EMERSON DANFROESE SUSAN CHILCOTT THOMAS THAYER MEAGAN ELLIOTT MARGARET UNDERHILL DAVID ROWE JOHN THIESSEN N/A 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 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 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. 5_ 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; 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 anew 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.; AND THAT in accordance with the regulations of the Planning Act, Notices of Decision be circulated by the Secretary -Treasurer accordingly. CARRIED DATE: CHAIRPE O SECRETARY TREASURER