HomeMy WebLinkAboutAugust 15, 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, August 15, 2024
6:30 p.m.
A. Minor Variance Application A-12/24 55641 Maple Grove Line, Docheff
B. Minor Variance Application A-13/24 12 Edison Drive, Craig
The August 15, 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 July 18, 2024
4. APPLICATION
A. Minor Variance Application A-12/24 55641 Maple Grove Line, Docheff
THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations for
the development of a detached Additional Residential Unit (ARU) on the subject property located
at 55641 Maple Grove Line, south side, east of Sandytown Road:
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 44.0% (108.3 m2) the size of the
principal farm dwelling, whereas 25% (61.3 m2) is required for accessory use buildings
accessory to the principal farm dwelling (245.3 m2).
THE EFFECT of this variance is to permit a detached ARU that is located in the front yard and
closer to the street than the main building, as well as an increased percent coverage/size of an
accessory building accessory to the principal farm dwelling on the subject property.
B. Minor Variance Application A-13/24 12 Edison Drive, Craig
THE PURPOSE of the variance is to permit the extension of a legal non-conforming use in the
OS-1 zone where a residential use is not permitted under the current and in-force Zoning By-law.
Further, an additional variance is required to grant relief from Section 10.5 of the Zoning By-law to
permit a Maximum Height of 8.0 metres, whereas a Maximum Height of 7.0 metres is required.
The subject property is known as 12 Edison Drive, east side, and north of Plank Road within the
Village of Vienna.
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THE EFFECT of this variance is to permit a two-storey addition with a Maximum Height of 8.0
metres to the rear of the existing one-storey single-detached dwelling, which is a legal non-
conforming use in the OS-1 zone.
5. STAFF PRESENTATION
A. Report DS-56/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-12/24
55641 Maple Grove Line, Docheff
B. Report DS-57/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-13/24 12
Edison Drive, Craig
6. PRESENTATIONS BY APPLICANT/AGENT
7. PUBLIC SUBMISSIONS
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, 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 was held using hybrid technologies via Zoom and livestreamed on YouTube. COMMITTEE MEMBERS PRESENT: ED KETCHABAW RAINEY WEISLER DAN FROESE SUSAN CHILCOTT COMMITTEE MEMBERS ABSENT: TIMOTHY EMERSON STAFF PRESENT: CAO THOMAS THAYER
CLERK MEAGAN ELLIOTT SECRETARY/TREASURER MARGARET UNDERHILL
PUBLIC ATTENDEES A: JEFF DECONINCK *via Zoom 1. CALL TO ORDER Chair Ketchabaw called the meeting to order at 6:45 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 June 6, 2024
Moved by: Committee Member Weisler Seconded by: Committee Member Chilcott THAT the minutes from the Committee of Adjustment Meeting held June 6, 2024 be approved as presented.
CARRIED
4. APPLICATION A. Minor Variance Application A-11/24 Deconinck, 35 Union Street
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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 Secretary/Treasurer M. Underhill presented Report DS-52/24. 6. PRESENTATIONS BY APPLICANT/AGENT Applicant, Jeff Deconinck was present virtually and noted no further comments. 7. PUBLIC SUBMISSIONS No submissions. 8. COMMITTEE QUESTIONS AND DISCUSSION Chair Ketchabaw inquired if the total lot coverage had been calculated for this application and staff confirmed that it has. 9. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Chilcott Seconded by: Committee Member Froese
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
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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. CARRIED 10. ADJOURNMENT Moved by: Committee Member Froese Seconded by: Committee Member Weisler THAT the Committee of Adjustment Meeting for consideration of Minor Variance Application A-11/24 be adjourned at 6:53 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-12/24
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: SHAWN AND JENNIFER DOCHEFF
LOCATION: 55641 MAPLE GROVE LINE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a
proposed Minor Variance (A-12/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of
Bayham will hold a public meeting on Thursday, August 15th, 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 a detached Additional Residential Unit (ARU) on the subject property located
at 55641 Maple Grove Line, south side, east of Sandytown Road:
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 44.0% (108.3 m2) the size of the
principal farm dwelling, whereas 25% (61.3 m2) is required for accessory use buildings
accessory to the principal farm dwelling (245.3 m2).
THE EFFECT of this variance is to permit a detached ARU that is located in the front yard and
closer to the street than the main building, as well as an increased percent coverage/size of an
accessory building accessory to the 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 12:00 Noon on August 8, 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 1st day of August 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-13/24
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: JOHN CRAIG
LOCATION: 12 EDISON DRIVE, VIENNA
TAKE NOTICE that the Municipality of Bayham has received a complete application for a
proposed Minor Variance (A-13/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of
Bayham will hold a public meeting on Thursday, August 15th, 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 the variance is to permit the extension of a legal non-conforming use in the
OS-1 zone where a residential use is not permitted under the current and in-force Zoning By-law.
Further, an additional variance is required to grant relief from Section 10.5 of the Zoning By-law
to permit a Maximum Height of 8.0 metres, whereas a Maximum Height of 7.0 metres is required.
The subject property is known as 12 Edison Drive, east side, and north of Plank Road within the
Village of Vienna.
THE EFFECT of this variance is to permit a two-storey addition with a Maximum Height of 8.0
metres to the rear of the existing one-storey single-detached dwelling, which is a legal non-
conforming use in the OS-1 zone.
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 12:00 Noon on August 8, 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 1st day of August 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: August 15, 2024
REPORT: DS-56/24 FILE NO. C-07 / D12.DOCH
Roll # 34-01-000-006-01800 SUBJECT: Committee of Adjustment Minor Variance A-12/24 Docheff, S & J
55641 Maple Grove Line
BACKGROUND
Appointed Agent Bill Braun has submitted a minor variance application on behalf of property
owners Shawn and Jennifer Docheff for their property located at 55641 Maple Grove Line, south
side, east of Sandytown Road.
The subject property is currently designated as ‘Agriculture’ and ‘Natural Heritage’ in Schedule
‘A1’ – Municipality of Bayham: Land Use of the Bayham Official Plan. The subject property is
currently designated as ‘Hazard Lands’ and ‘Significant Woodlands’ in Schedule ‘A2’ –
Municipality of Bayham: Constraints of the Bayham Official Plan.
The subject property is currently zoned as ‘Agricultural (A1-5)’, with a site-specific exception in
Schedule ‘A’ Map No. 5 of the Bayham Zoning By-law No. Z456-2003. The portion of the
subject property designated as ‘Hazard Lands’ and ‘Significant Woodlands’ near the southern
property line is within the Long Point Region Conservation Authority (LPRCA) Regulation Limit,
as per Schedule ‘A’ Map No. 5 of 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 a detached Additional Residential Unit (ARU) on the subject property
located at 55641 Maple Grove Line, south side, east of Sandytown Road:
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 44.0% (108.3 m2) the size of the
principal farm dwelling, whereas 25% (61.3 m2) is required for accessory use buildings
accessory to the principal farm dwelling (245.3 m2).
The effect of this variance is to permit a detached ARU that is located in the front yard and
closer to the street than the main building, as well as an increased percent coverage/size of an
accessory building accessory to the principal farm dwelling on the subject property.
Staff Report DS-56/24 Docheff Page 2
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 August 7, 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 an ARU in
the front yard, to permit it be placed closer to the street than the main building and to be
constructed larger than the permitted 25% for an accessory use building accessory to the
principal farm dwelling.
STRATEGIC PLAN
Not applicable.
ATTACHMENTS
1. Application for Minor Variance A-12/24 Docheff
2. Arcadis Memorandum, dated August 7, 2024
RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-56/24 regarding
the Docheff 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-12/24 submitted by Shawn and Jennifer Docheff 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 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 44.0% (108.3 m2) the size of
the principal farm dwelling, whereas 25% (61.3 m2) is required for accessory use
buildings accessory to the principal farm dwelling (245.3 m2).
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 August 7, 2024
From Christian Tsimenidis, BES Project No 3404-954
cc William Pol, MCIP, RPP
Subject Shawn and Jennifer Docheff- Application for Minor Variance to
Zoning By-law #Z456-2003 - 55641 Maple Grove Line
Background
1. Arcadis has completed a review of Minor Variance Application A-12/24, submitted
by Bill Brown, on behalf of Shawn and Jennifer Docheff, owners of the subject
property located at 55641 Maple Grove Line, south side, east of Sandytown Road.
The applicant is requesting three (3) Minor Variances under Section 45 of the
Planning Act to develop a detached Additional Residential Unit (ARU), 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 44.0% (108.3 m2) the
size of the principal farm dwelling, whereas 25% (61.3 m2) is required for
accessory use buildings accessory to the principal farm dwelling (245.3
m2).
Subject Property and Surrounding Area
2. The subject property is currently designated as ‘Agriculture’ and ‘Natural Heritage’
in Schedule ‘A1’ – Municipality of Bayham: Land Use of the Bayham Official Plan.
The subject property is currently designated as ‘Hazard Lands’ and ‘Significant
Woodlands’ in Schedule ‘A2’ – Municipality of Bayham: Constraints of the
Bayham Official Plan. The subject property is currently zoned as ‘Agricultural (A1-
5)’, with a site-specific exception in Schedule ‘A’ Map No. 5 of the Bayham Zoning
By-law No. Z456-2003. The portion of the subject property designated as ‘Hazard
Lands’ and ‘Significant Woodlands’ near the southern property line is within the
Long Point Region Conservation Authority (LPRCA) Regulation Limit, as per
Schedule ‘A’ Map No. 5 of the Bayham Zoning By-law No. Z456-2003.
ARCADIS MEMORANDUM
Municipality of Bayham – August 7, 2024
2
3. The subject property has an approximate lot area of 28.7 hectares (70.9 acres)
and an estimated lot depth of 1,246.9 metres (4,090.9 feet). The subject property
fronts onto Maple Grove Line, with a lot frontage of 189.4 metres (621.4 feet).
4. There is an existing one-storey single-detached dwelling, two (2) barns, as well
as one (1) silo on the subject property. All existing buildings/structures will remain
unaltered as a result of this application. The existing access fronting Maple Grove
Line will continue to be utilized and unaltered as a result of this application. The
existing gravel driveway meanders along the eastern property line to the existing
one-storey single-detached dwelling, as well as the accessory farm buildings on
the subject property. The subject property is currently used by the owners for
agricultural purposes and is serviced by a private individual well and septic
system. As of 2024, the owner’s installed a second septic tank on the subject
property to service the proposed detached ARU. At the Building Permit
Application stage, the applicant will be required to demonstrate that the proposed
detached ARU will connect to the private well and on-site sewage system,
demonstrating the on-site servicing has sufficient capacity for the ARU.
5. 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 Maple Grove Line, and Sandytown Road to the west. The subject
property is also north of the Village of Straffordville.
6. As previously noted, the southern portion of the subject property is regulated by
the LPRCA and is designated as ‘Hazard Lands’ and ‘Significant Woodlands’ in
the Bayham Official Plan. The proposed location of the 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
7. 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:
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 detached ARU of 108.3 square metres (1,165.7 square
feet) would not contribute to land use conflicts with existing agricultural practices
ARCADIS MEMORANDUM
Municipality of Bayham – August 7, 2024
3
on the subject property or within the surrounding area. The proposed ARU is also
considered a permitted use, as per Section 2.1.12 of the Official Plan, and would
be serviced by the existing private individual well and private septic system that
currently services the property. Further, the 44.0% size of the accessory use
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 ARU, being in the front yard and closer to the street
than the main dwelling is also in-keeping with the ‘Hazard Lands’ and ‘Significant
Woodlands’ designation. The proposed location for the ARU will be outside of
these regulated lands, thus protecting public health and safety for a sensitive use.
In addition, the proposed detached ARU would be located more than 450.0
metres from Maple Grove Line, thus minimizing any visual impacts from the
streetscape.
Therefore, it is Arcadis’s opinion that the proposed variances maintain the general
intent and purpose 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. More specifically, the proposed detached ARU would
be located more than 450.0 metres from Maple Grove Line, thus minimizing any
visual impacts from the streetscape. Further, 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 Arcadis’s 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.
ARCADIS MEMORANDUM
Municipality of Bayham – August 7, 2024
4
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 ARU closer to the street than the main single-detached
dwelling, as the location allows for easier service connection to the new septic
tank on the subject property, as well as to avoid areas on the subject property
regulated as ‘Hazard Lands’ and ‘Significant Woodlands’.
It is Arcadis’s opinion that the proposed location of the ARU, being closer to Maple
Grove Line than the single-detached dwelling, would not cause significant impacts
to the adjacent uses and surrounding area, as the proposed front yard depth
significantly exceeds the minimum 15.0 metre requirement of the Zoning By-law.
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
Arcadis’s opinion that the proposed variance to permit the detached ARU closer
to the street than the main building meets the general intent and purpose of the
Zoning By-law.
Variance #3: To permit an accessory building that is 44.0% 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 ARU that is 44.0% of the principal farm dwelling,
whereas 25% is required for accessory use buildings accessory to principal farm
dwellings. The proposed increase in size is still smaller and subordinate to the
existing primary dwelling on the subject property and will not dominate the primary
dwelling. Further, the ARU size meets the regulations of Section 4.59 in the
Zoning By-law pertaining to ARUs.
It is Arcadis’s opinion that the proposed variance meets the general intent and
purpose of the Zoning By-law, as the proposed detached ARU remains smaller
and 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 ARU in the front yard and location closer to the street than
the main building, as well as the increased size of the ARU 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
ARCADIS MEMORANDUM
Municipality of Bayham – August 7, 2024
5
siting, scale and orientation of the proposed detached ARU is designed to respect
the existing and surrounding properties.
As such, it is Arcadis’s opinion that the proposed variances are minor in nature is
designed to respect the existing surrounding area.
Are the variances desirable for the appropriate development or use of the
lands?
It is Arcadis’s 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 of the detached ARU in the front yard and
closer to the street than the main building is appropriate, as it is located over 450.0
metres from the front lot line, outside of the regulated ‘Hazard Lands’ and
‘Significant Woodlands’, and will not have any adverse impacts to the existing or
surrounding agricultural lands. The proposed size of the ARU is also considered
desirable as it will be smaller and subordinate to the principal farm dwelling.
Therefore, Arcadis is of the opinion that the proposed scale, design, siting, and
orientation of the detached ARU are complementary to the existing site and
surrounding area and can therefore be considered desirable for the appropriate
development or use of the land.
Conclusions and Recommendations
8. Based on our review of this application and the four (4) tests for a Minor Variance,
Arcadis has no objection to the proposed Minor Variance Application to provide
relief from the following Zoning By-law regulations on the subject property:
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 44.0% (108.3 m2) the
size of the principal farm dwelling, whereas 25% (61.3 m2) is required for
accessory use buildings accessory to the principal farm dwelling (245.3
m2).
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: August 15, 2024
REPORT: DS-57/24 FILE NO. C-07 / D12.CRAI
Roll # 34-01-004-001-07900 SUBJECT: Committee of Adjustment Minor Variance A-13/24 Craig, J
12 Edison Drive, Vienna
BACKGROUND
Appointed Agent Lesley Hutton-Rhora (G. Douglas Vallee Limited) has submitted a minor
variance application on behalf of property owner John Craig for property located at 12 Edison
Drive, east side, north of Plank Road, Vienna
The subject property is designated as ‘Residential’ with a ‘Flood Fringe’ overlay on Schedule ‘C’
– Municipality of Bayham: Vienna of the Bayham Official Plan. The subject property is currently
zoned as Open Space (OS-1) as per the current and in-force Municipality of Bayham Zoning By-
law No. Z456-2003. The subject lands were previously zoned as ‘R1’ or ‘Village Residential’
when the dwelling was constructed, and the existing building conformed to the applicable zone
standards. The current, consolidated Municipality of Bayham Zoning By-law No. Z456-2003
came into force and effect in 2003 and rezoned the subject lands as ‘OS-1’ or Open Space,
under which the existing residential use is no longer permitted, thereby making the existing
single-detached dwelling a legal non-conforming use.
The purpose of the variance is to permit the extension of a legal non-conforming use in the OS-
1 zone, where a residential use is not permitted under the current and in-force Zoning By-law.
Further, an additional variance is required to grant relief from Section 10.5 of the Zoning By-law
to permit a Maximum Height of 8.0 metres, whereas a Maximum Height of 7.0 metres is
required. The subject property is known as 12 Edison Drive, east side, and north of Plank Road
within the Village of Vienna.
The effect of this variance is to permit a two-storey addition with a Maximum Height of 8.0
metres to the rear of the existing one-storey single-detached dwelling, which is a legal non-
conforming use in the OS-1 zone.
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 August 7, 2024, outlines the full analysis of the four “tests” and the
Staff Report DS-57/24 Craig Page 2
variances required for compliance.
Staff and planner concur the application meets the criteria to permit the extension of a legal
non-conforming use and permit a maximum height of 8.0 metres subject to an updated written
approval from the Long Point Region Conservation Authority (LPRCA).
STRATEGIC PLAN
Not applicable.
ATTACHMENTS
1. Application for Minor Variance A-13/24 Craig
2. Arcadis Memorandum, dated August 7, 2024
RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-57/24 regarding
the Craig 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-13/24 submitted by John Craig 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:
to permit the extension of a legal non-conforming use; and,
Section 10.5 to permit a Maximum Building Height of 8.0 metres whereas a
Maximum Height of 7.0 metres is required in the R1 Zone, subject to the following
condition:
o That the owner receives written approval from the Long Point Region
Conservation Authority (LPRCA) for the proposed two-storey addition to an
existing dwelling within the LPRCA Regulation Limit.
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 August 7, 2024
From Christian Tsimenidis, BES Project No 3404 - 955
cc Douglas W. Stewart, MCIP,
RPP
Subject John Craig - Application for Minor Variance to Zoning By-law
#Z456-2003 - 12 Edison Drive, Vienna
Background
1. Arcadis has completed a review of Minor Variance Application A-13/24, submitted
by G. Douglas Vallee Limited (c/o Lesley Hutton-Rhora), on behalf of John Craig,
owner of the subject property located at 12 Edison Drive, east side, north of Plank
Road. The applicant is requesting a Minor Variance under Section 45 of the
Planning Act to permit the expansion of a legal non-conforming use in the form of
a two-storey addition to the rear of the existing one-storey single-detached
dwelling within the OS-1 zone where a residential use is not permitted under the
current and in force Zoning By-law. Further, an additional variance is required to
grant relief from Section 10.5 of the Zoning By-law to permit a Maximum Height
of 8.0 metres, whereas a Maximum Height of 7.0 metres is required. The
proposed two-storey addition is approximately 107.3 m2 in floor area, which will
equate to a cumulative floor area of 227.7 m2 for the single-detached dwelling.
Subject Property and Surrounding Area
2. The subject property is designated as ‘Residential’ with a ‘Flood Fringe’ overlay
on Schedule ‘C’ – Municipality of Bayham: Vienna of the Bayham Official Plan.
The subject property is currently zoned as Open Space (OS-1) as per the current
and in-force Municipality of Bayham Zoning By-law No. Z456-2003. The subject
lands were previously zoned as ‘R1’ or ‘Village Residential’ when the dwelling
was constructed, and the existing building conformed to the applicable zone
standards. The current, consolidated Municipality of Bayham Zoning By-law No.
Z456-2003 came into force and effect in 2003 and rezoned the subject lands as
‘OS-1’ or Open Space, under which the existing residential use is no longer
permitted, thereby making the existing single-detached dwelling a legal non-
conforming use.
ARCADIS MEMORANDUM
Municipality of Bayham – August 7, 2024
2
3. The subject property has a lot area of 2,357.0 square metres (0.23 hectares), a
lot frontage of 60.4 metres (198.1 feet) and a lot depth of 62.1 metres (203.7 feet).
Given that the subject property is located within the Village of Vienna, surrounding
uses are predominantly low-rise residential with small scale commercial uses, as
well as an institutional use to the immediate west. Most notably, the subject
property is adjacent to Otter Creek to the east.
4. The subject property consists of an existing one-storey single-detached dwelling
to remain. A one-storey addition, approximately 44.7 m2 in floor area, was
previously located to the rear of the existing single-detached dwelling; however,
the owner was issued a Demolition Permit by the Municipality and has since
demolished the previous addition. As such, the intent of this proposal is to replace
the demolished one-storey addition with a new two-storey addition that is
approximately 107.3 m2 in floor area. The existing access fronting Edison Drive
will continue to be utilized and unaltered as a result of this application. The subject
property is currently serviced by municipal water and sewer servicing, which will
continue to be utilized by the existing single-detached dwelling.
5. The subject property is located entirely within Long Point Conservation Authority
(LPRCA) regulated lands. The regulated lands are associated with the flood
hazards as a result of Otter Creek to the east. It is understood that the applicant
has corresponded with LPRCA to identify specific requirements for reconstruction
of the addition, including that the top of the finished floor and/or foundation for any
new structure must be above the 100-year flood elevation of 179.05 Metres Above
Sea Level (MASL). As per email correspondence provided by the applicant, it is
understood that the LPRCA has also requested, at a minimum, that the proposed
two-storey addition are not to be constructed closer to the watercourse than the
existing/previous addition. As per the plans provided by the applicant, the
minimum rear yard setback from the previous one-storey addition is maintained.
As a Condition of Approval, the owner will be required to receive written approval
from LPRCA.
Planning Analysis
6. The following section of this Memo first provides an analysis of the proposed
expansion of a legal non-conforming use, which does not follow the ‘traditional’
four (4) “tests” commonly applied to a Minor Variance application under Section
45(1) of the Planning Act. Following the determination of whether or not the
expansion is appropriate, an analysis of the proposed Maximum Height variance
is provided using the four (4) “tests” under Section 45(1) of the Planning Act.
Expansion of Legal Non-Conforming Use
7. In order to expand the use beyond the building as it existed on the day when the
use became legal non-conforming, Section 45(2) of the Planning Act empowers
the Committee of Adjustment to allow for legally non-conforming uses to expand
beyond the building where their use was located. The section reads:
ARCADIS MEMORANDUM
Municipality of Bayham – August 7, 2024
3
(2) In addition to its powers under subsection (1), the committee, upon any
such application,
(a) where any land, building or structure, on the day the by-law was
passed, was lawfully used for a purpose prohibited by the by-law,
may permit,
(i) the enlargement or extension of the building or structure, if the
use that was made of the building or structure on the day the by-
law was passed, or a use permitted under subclause (ii) continued
until the date of the application to the committee, but no permission
may be given to enlarge or extend the building or structure beyond
the limits of the land owned and used in connection therewith on
the day the by-law was passed.
8. The test for whether the Committee should allow the expansion of a legal non-
conforming use is not the ‘traditional’ four (4) tests commonly applied to an
application under Section 45(1) of the Planning Act. The Act provides no such
specific guidance on the grounds that Committee should consider, however, Case
Law in Ontario notes that the expansion of legal non-conforming uses would be
required to meet the following tests (per Fraser v. Rideau Lakes (Township)):
a) whether the application is desirable for appropriate development of the
subject property; and
b) whether the application will result in undue adverse impacts on the
surrounding properties and neighbourhood (and only with respect to the
expansion, not the original use, and only based on objective evidence or
obvious impacts sufficient to override the property owner’s acquired right).
9. Given that the residential building was lawfully used on the day the Zoning By-law
Z456-2003 was passed in 2003, for a purpose currently not permitted under the
‘OS-1’ zone, the expansion of the residential building in the form of a two-storey
rear addition would be permitted. Based on the criteria noted above, it is Arcadis’s
that the proposed improvements to the existing single-detached dwelling will
maintain the low-rise residential nature of the site and surrounding area. Subject
to written approval from the LPRCA as a Condition of Approval, the proposed
extension of the legal non-conforming use would not result in a change of use,
nor would the residential use constitute a danger or nuisance to surrounding uses.
Maximum Height of 8.0 Metres
10. 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 to permit a Maximum
Height of 8.0 metres, whereas 7.0 metres is required:
ARCADIS MEMORANDUM
Municipality of Bayham – August 7, 2024
4
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 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.
The proposed two-storey addition to the existing single-detached dwelling would
still maintain the low-rise residential built-form intended for the ‘Residential’ land
use designation. The proposed dwelling is also considered a permitted use and
would be compatible with the existing and contemplated low-rise development in
the surrounding area.
Therefore, Arcadis is of the 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 of Section 10.5 of the Zoning By-law to permit a Maximum Building
Height of 7.0 metres for primary dwellings within the ‘R1’ Zone is to maintain the
low-rise residential built form of 1 to 2 storeys in height.
It is Arcadis’s opinion that the proposed height of 8.0 metres for the new two-
storey addition to the rear of the existing single-detached dwelling maintains the
intended low-rise built form of the surrounding area. The proposed location of the
addition to the rear is appropriate and is not anticipated to have any negative
impacts on the site itself nor the surrounding uses, subject to written approval
from LPRCA. It is Arcadis’s opinion that the proposed massing and scale of the
proposal as a result of the 8.0 metre height will not have adverse impacts to the
neighbouring lots and maintains a character that is similar in nature to existing
other residential development in Vienna. Further, the proposed addition will meet
all other provisions of the Zoning By-law.
Therefore, Arcadis is of the 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
proposed two-storey addition would not result in a change of use and is not
anticipated to have any negative impacts on the site itself nor the surrounding
uses, subject to written approval from LPRCA. The two-storey addition would
continue to be compatible with the surrounding residential uses in the immediate
area. The proposed addition would meet setback requirements and would not
result in any negative shadowing or privacy concerns to neighbouring lots given
ARCADIS MEMORANDUM
Municipality of Bayham – August 7, 2024
5
the overall proposed siting, scale and orientation of the proposed two-storey
addition to the rear is designed to respect the existing and surrounding properties.
Therefore, Arcadis is of the opinion that the proposed variance is minor in nature.
Is the variance desirable for the appropriate development or use of the
lands?
It is Arcadis’s opinion that the proposed variance to permit a Maximum Height of
8.0 metres is desirable for the appropriate development or use of the land, as it
will facilitate the construction of improvements to the existing single-detached
dwelling and will maintain the low-rise residential nature of the site. The two-storey
addition increases the residential floor space available to the property owner,
without significantly expanding the building footprint in manner that will have
adverse impacts to the surrounding area. It is Arcadis’s opinion that the proposal
would make efficient use of fully serviced lands within the settlement area of
Vienna.
Therefore, Arcadis is of the opinion that the proposed variance would be
considered an appropriate and desirable use of the lands.
Conclusions and Recommendations
11. Based on our review of this application and the four (4) tests for a Minor Variance,
Arcadis has no objection to the proposed Minor Variance Application to permit
the extension of a legal non-conforming use and permit a Maximum Height of 8.0
metres, subject to the following condition:
That the owner receives written approval from the Long Point Region
Conservation Authority (LPRCA) for the proposed two-storey addition to
an existing dwelling within the LPRCA Regulation Limit.
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc.
Christian Tsimenidis, BES
Consulting Planner to the Municipality of Bayham