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Home My WebLink AboutJune 06, 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, June 6, 2024 6:30 p.m. A. Minor Variance Application A-08124 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: STAFF PRESENT: CAO CLERK SECRETARY/TREASURER PUBLIC ATTENDEES A: PUBLIC ATTENDEES B: PUBLIC ATTENDEES C: CALL TO ORDER Chair Ketchabaw called the meeting to order at 6:30 p.m. ED KETCHABAW RAINEY WEISLER TIMOTHY EMERSON DAN FROESE SUSAN CHILCOTT THOMAS THAYER MEAGAN ELLIOTT MARGARET UNDERHILL DAN FROESE BOB GREGSON TONY WALL GEORGE ROUSSEAU ROY SCHRIJVER 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 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 1 stand November 30tn. 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. 3. COMMITTEE QUESTIONS AND DISCUSSION No questions. 9. DECISION OF COMMITTEE (Motions) Moved by: Committee Member Chilcott Seconded by: Committee Member Emerson 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 30', 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. e 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. 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 4.2.0 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 5 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: 9 Section 4.56.2 - to permit a MDS 11 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. -- 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. e DATE: 1 ,912- CHAIRP SON SECRETARY TREASURER