HomeMy WebLinkAboutJuly 18, 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, July 18, 2024
6:45 p.m.
A. Minor Variance Application A-11/24 35 Deconinck, 35 Union Street
The July 18, 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 June 6, 2024
4. APPLICATION
A. Minor Variance Application A-11/24 Deconinck, 35 Union Street
THE PURPOSE of this variance is to grant relief from the following provision in the Zoning By-
law:
Section 10.11.c) Maximum Floor Area to permit a new accessory structure floor area of
27.8 m2 (300.0 ft2) for the purpose of a covered picnic area with a solar panel roof
assembly, in addition to the existing shed floor area of 9.2 m2 (100.0 ft2) and existing
detached garage floor area of 98.7 m2 (1,062.0 ft2) for a combined accessory floor area
136.0 m2 (1,462.7 ft2), whereas 108.0 m2 (1,162.0 ft2) is the permitted maximum as a
result of a previously approved Minor Variance Application (A-18/21).
The subject property is located at 35 Union Street, west side, south of Ann Street in the Village of
Vienna.
THE EFFECT of this variance will be to permit an increased accessory building Maximum Floor
Area to facilitate the development of a new accessory structure for the purpose of a covered
picnic area with a solar panel roof assembly on the subject property.
5. STAFF PRESENTATION
A. Report DS-52/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-11/24
Deconinck, 35 Union Street
6. PRESENTATIONS BY APPLICANT/AGENT
7. PUBLIC SUBMISSIONS
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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, 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 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: DAN FROESE
BOB GREGSON
PUBLIC ATTENDEES B: TONY WALL
GEORGE ROUSSUM
PUBLIC ATTENDEES C: ROY SCHRIJVER
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
Councillor Dan Froese declared a pecuniary interest to Application A.
3. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Committee of Adjustment Meeting held May 16, 2024
Moved by: Committee Member Weisler
Seconded by: Committee Member Chilcott
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THAT the minutes from the Committee of Adjustment Meeting held May 16, 2024 be
approved as presented.
CARRIED
4. APPLICATION
A. Minor Variance Application A-08/24 55091, 55111 and 55121 Jackson Line, Dan Froese
Farms Inc.
Committee Member Froese left the table at 6:31 pm
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.
5. STAFF PRESENTATION
A. Report DS-42/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-08/24 Dan
Froese Farms Inc.
6. PRESENTATIONS BY APPLICANT/AGENT
Dan Froese spoke to the application to explain the extended need for labourers to meet the
demands of production.
7. PUBLIC SUBMISSIONS
Public Comments Received by May 31, 2024:
Robert (Bob) Gregson, letter
Bob Gregson spoke to the application noting no real objections but more so looking for
information on what is permitted and how he may be able to take advantage of something like
this. Chair Ketchabaw noted for Mr. Gregson to connect with staff for information.
8. COMMITTEE QUESTIONS AND DISCUSSION
No questions.
9. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Chilcott
Seconded by: Committee Member Emerson
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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 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.
CARRIED
Committee Member Froese returned to the table at 6:45 pm
10. APPLICATION
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;
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.
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11. STAFF PRESENTATION
B. Report DS-43/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-09/24
Wieler
12. PRESENTATIONS BY APPLICANT/AGENT
Tony Wall spoke on behalf of the applicant to summarize the application.
13. PUBLIC SUBMISSIONS
George Roussum spoke in opposition of the application. Mr. Roussum has concerns for the size
of the building, if it will have a basement and which road it will front on. Mr. Roussum noted
being unhappy with the short notice about this application.
14. COMMITTEE QUESTIONS AND DISCUSSION
Chair Ketchabaw asked Mr. Wall if there will be a basement and any other additional
information. Mr. Wall indicated there will be a raised basement with a frost wall and the building
is an existing one (1) bedroom home from Port Burwell being relocated. Mr. Wall indicated that
the current driveway will be extended and shared.
15. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Froese
Seconded by: Committee Member Chilcott
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.
CARRIED
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16. APPLICATION
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.
17. STAFF PRESENTATION
C. Report DS-44/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-10/24 Roy
Schrijver Farms
18. PRESENTATIONS BY APPLICANT/AGENT
Roy Schrijver spoke briefly to summarize the application.
19. PUBLIC SUBMISSIONS
No public submissions.
20. COMMITTEE QUESTIONS AND DISCUSSION
No questions.
21. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Emerson
Seconded by: Committee Member Weisler
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
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Highway 3 (Talbot Line) road allowance to a proposed barn expansion, whereas
36.0 metres is required.
CARRIED
22. ADJOURNMENT
Moved by: Committee Member Chilcott
Seconded by: Committee Member Weisler
THAT the Committee of Adjustment Meeting for consideration of Minor Variance Applications A-
08/24, A-09/24 and A-10/24 be adjourned at 7:02 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-11/24
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: JEFF AND DANA DECONINCK
LOCATION: 35 UNION STREET, VIENNA
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor
Variance (A-11/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham
will hold a public meeting on Thursday, July 18, 2024, at 6:45 pm in the Municipal Council Chambers,
56169 Heritage Line, Straffordville, to consider a proposed Minor Variance to Zoning By-law No. Z456-
2003 under Section 45 of the PLANNING ACT. Committee of Adjustment Meetings may also be viewed
virtually through the live-stream on the Municipality of Bayham YouTube Channel: Bayham YouTube
THE PURPOSE of this variance is to grant relief from the following provision in the Zoning By-law:
Section 10.11.c) Maximum Floor Area to permit a new accessory structure floor area of 27.8 m2
(300.0 ft2) for the purpose of a covered picnic area with a solar panel roof assembly, in addition to
the existing shed floor area of 9.2 m2 (100.0 ft2) and existing detached garage floor area of 98.7 m2
(1,062.0 ft2) for a combined accessory floor area 136.0 m2 (1,462.7 ft2), whereas 108.0 m2 (1,162.0
ft2) is the permitted maximum as a result of a previously approved Minor Variance Application (A-
18/21).
The subject property is located at 35 Union Street, west side, south of Ann Street in the Village of Vienna.
THE EFFECT of this variance will be to permit an increased accessory building Maximum Floor Area to
facilitate the development of a new accessory structure for the purpose of a covered picnic area with a
solar panel roof assembly 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 July 11, 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 4th day of July 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 Vienna
REPORT
DEVELOPMENT SERVICES
TO: Committee of Adjustment Members
FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment
DATE: July 18, 2024
REPORT: DS-52/24 FILE NO. C-07 / D12.DECON
Roll # 34-01-004-001-19500 SUBJECT: Committee of Adjustment Minor Variance A-11/24 Deconinck, J & D
35 Union Street, Vienna
BACKGROUND
Owners Jeff and Dana Deconinck have submitted a minor variance application for property
located at 35 Union Street, west side, south of Ann Street in the Village of Vienna. The subject property is currently designated as ‘Residential’ in Schedule ‘C’ – Vienna: Land Use and Constraints of the Bayham Official Plan. The subject property is currently zoned as ‘Village
Residential 1 (R1) in Schedule ‘H’ (Vienna) of the Bayham Zoning By-law No. Z456-2003. The purpose of this variance is to grant relief from the following provision in the Zoning By-law:
• Section 10.11.c) Maximum Floor Area to permit a new accessory structure floor area of
27.8 m2 (300.0 ft2) for the purpose of a covered picnic area with a solar panel roof assembly, in addition to the existing shed floor area of 9.2 m2 (100.0 ft2) and existing detached garage floor area of 98.7 m2 (1,062.0 ft2) for a combined accessory floor area 136.0 m2 (1,462.7 ft2), whereas 108.0 m2 (1,162.0 ft2) is the permitted maximum as a result of a previously approved Minor Variance Application (A-18/21). The effect of this variance will be to permit an increased accessory building Maximum Floor Area to facilitate the development of a new accessory structure for the purpose of a covered picnic area with a solar panel roof assembly 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 July 10, 2024, outlines the full analysis of the four “tests” and the variances required for compliance.
Staff and planner concur the application meets the criteria to permit the placement of a new accessory structure for the purpose of a covered picnic area with a solar panel roof assembly in addition to the existing shed floor area and an existing detached garage for a combined
Staff Report DS-52/24 Deconinck
Page 2
accessory floor area of 136.0 m2 (1,462.7 ft2), whereas 108.0 m2 (1,162.0 ft2) is the permitted maximum as a result of a previously approved Minor Variance Application (A-18/21) granted on
September 2, 2021. STRATEGIC PLAN Not applicable. ATTACHMENTS 1. Application for Minor Variance A-11/24 Deconinck 2. Arcadis Memorandum, dated July 10, 2024 RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-52/24 regarding the Deconinck 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-11/24 submitted by Jeff and Dana Deconinck 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, specifically:
• Section 10.11 c) Maximum Floor Area to permit a new accessory structure floor area of 27.8 m2 (300.0 ft2) for the purpose of a covered picnic area with a solar panel roof assembly, in addition to the existing shed floor area of 9.2 m2 (100.0
ft2) and existing detached garage floor area of 98.7 m2 (1,062.0 ft2) for a combined accessory floor area 136.0 m2 (1,462.7 ft2), whereas 108.0 m2 (1,162.0 ft2) is the permitted maximum as a result of a previously approved Minor Variance Application (A-18/21) granted on September 2, 2021.
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 July 10, 2024
From Christian Tsimenidis, BES Project No 3404 - 951
cc William Pol, MCIP, RPP
Subject Jeff and Dana Deconinck- Application for Minor Variance to
Zoning By-law #Z456-2003 - 35 Union Street, Vienna
Background
1. We have completed our review of Minor Variance Application A-11/24, submitted
by Jeff and Dana Deconinck, owners of the subject property located at 35 Union
Street, west side, south of Ann Street in the Village of Vienna. The applicant is
requesting one (1) Minor Variance under Section 45 of the Planning Act to
develop a new accessory structure for the purpose of a covered picnic area with
a solar panel roof assembly, granting relief from the following Zoning By-law
regulation:
Section 10.11.c) Maximum Floor Area to permit a new accessory structure
floor area of 27.8 m2 (300.0 ft2) for the purpose of a covered picnic area
with a solar panel roof assembly, in addition to the existing shed floor area
of 9.2 m2 (100.0 ft2) and existing detached garage floor area of 98.7 m2
(1,062.0 ft2) for a combined accessory floor area 136.0 m2 (1,462.7 ft2),
whereas 108.0 m2 (1,162.0 ft2) is the permitted maximum as a result of a
previously approved Minor Variance Application (A-18/21)
Subject Property and Surrounding Area
2. The subject property is currently designated as ‘Residential’ in Schedule ‘C’ –
Vienna: Land Use and Constraints of the Bayham Official Plan. The subject
property is currently zoned as Village Residential (R1) in Schedule ‘H’ (Vienna) of
the Bayham Zoning By-law No. Z456-2003. The subject property has a lot area
of 2,564.1 m2 (27,600.1 ft2) and a lot depth of 94.3 m (309.5 ft).
3. The existing single-detached dwelling on the subject property is serviced by public
water supply and sanitary sewer system. The subject property has direct access
to Union Street, with a lot frontage of 27.3 metres (89.5 feet). There is an existing
shed in the rear yard, as well as an existing detached garage on the south-side
of the subject property. All existing buildings/structures will remain unaltered as a
result of this application. The subject property is immediately surrounded by low-
ARCADIS MEMORANDUM
Municipality of Bayham – July 10, 2024
2
rise residential uses in all directions, and is within close proximity and/or driving
distance of several institutional and commercial uses, being located in the Village
of Vienna.
Planning Analysis
4. 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 ‘Residential’ land use designation is intended to encourage and support the
development of single-detached dwellings supported by accessory uses 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.
It is Arcadis’s opinion that the proposed variance for an increased Maximum Floor
Area to facilitate the construction of a covered picnic area with a solar panel roof
assembly will maintain the general intent and purpose of the Official Plan. The
proposed accessory structure would be a complementary accessory use to the
existing primary ‘Residential’ land use to support the existing single-detached
dwelling on the subject property. It is Arcadis’s opinion that the proposed
accessory structure is similar in built-form and scale to the existing development
in the immediate area. Further, the development of renewable energy systems for
electricity production is supported by the Municipality of Bayham for the economic
and environmental benefit of the Municipality.
Therefore, 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 and purpose of Section 10.11.c) in the Zoning By-law to limit the
Maximum Floor Area to 75.0 m2 for accessory buildings and structures is to avoid
large scale accessory buildings which may have an impact to neighbours, or
which may be used for uses other than accessory/personal storage to a single-
detached dwelling. As previously noted in this Memo, a Minor Variance
Application (A-18/21) was approved on the subject property to permit an
increased Maximum Floor Area of 108.0 m2.
It is Arcadis’s opinion that the proposed variance for an increased Maximum Floor
Area of 136.0 m2 meets the general intent and purpose of the Zoning By-law, as
the proposed accessory structure will serve the residential function of the subject
property and will not present significant impacts to adjacent lots in the surrounding
ARCADIS MEMORANDUM
Municipality of Bayham – July 10, 2024
3
neighbourhood. It is our opinion that the proposed cumulative Maximum Floor
Area of 136.0 m2 as a result of the new accessory building, being 27.8 m2, still
allows for sufficient leisure space in the rear yard and only represents a
cumulative lot coverage of 5.3% for accessory buildings/structures relative to the
total lot area of 2,564.1 m2.
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
increased Maximum Floor Area will not significantly impact usability of the subject
property and will not present any significant impacts to the neighbourhood. The
proposed new accessory structure, in the form of a covered picnic area is
intended to enhance both the functionality and enjoyment of the property owner’s
outdoor living space. Further, it is our opinion that the overall scale, siting, and
orientation of the proposed covered picnic area is designed to respect the existing
low-rise residential neighbourhood. The proposed variance for the covered picnic
area still ensures that the new and existing accessory structures are smaller and
subordinate to the existing single-detached dwelling on the subject property.
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 construction of a covered
picnic area with a solar panel roof assembly and serve the ‘Residential’ function
of the subject property. Currently the subject property does not accommodate a
covered patio area, which, if added would enhance the usability and enjoyment
of the property owner’s rear yard. Further, the development of renewable energy
systems for electricity production is supported by the Municipality of Bayham for
the economic and environmental benefit of the Municipality. Arcadis is of the
opinion that the proposed scale, design, siting, and orientation of the proposed
accessory structure in the rear yard of the subject property is appropriate for the
site and surrounding neighbourhood and can therefore be considered desirable
for the appropriate development or use of the land.
Conclusions and Recommendations
5. Based on our review of this application and the four (4) tests for a minor variance,
we have no objection to the proposed minor variance to provide relief from the
following Zoning By-law regulation on the subject property:
Section 10.11.c) Maximum Floor Area to permit a new accessory structure
floor area of 27.8 m2 (300.0 ft2) for the purpose of a covered picnic area
with a solar panel roof assembly, in addition to the existing shed floor area
of 9.2 m2 (100.0 ft2) and existing detached garage floor area of 98.7 m2
ARCADIS MEMORANDUM
Municipality of Bayham – July 10, 2024
4
(1,062.0 ft2) for a combined accessory floor area 136.0 m2 (1,462.7 ft2),
whereas 108.0 m2 (1,162.0 ft2) is the permitted maximum as a result of a
previously approved Minor Variance Application (A-18/21)
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc.
Christian Tsimenidis, BES
Consulting Planner to the Municipality of Bayham