HomeMy WebLinkAboutSeptember 05, 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, September 5, 2024
6:00 p.m.
A. Minor Variance Application A-14/24 56105 Maverick Court, Driedger
B. Minor Variance Application A-15/24 55837 5th Street, Friesen
The September 5, 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 August 15, 2024
4. APPLICATION
A. Minor Variance Application A-14/24 56105 Maverick Court, Driedger
THE PURPOSE of this variance is 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. The subject lands are located at 56105
Maverick Court, west of Sandytown Road in the Village of Straffordville.
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.
B. Minor Variance Application A-15/24 55837 5th Street, Friesen
THE PURPOSE of this variance is to permit a Minimum Lot Frontage of 16.0 metres for the
creation of new residential lot, whereas Section 10.4 of the Zoning By-law requires a Minimum Lot
Frontage of 20.0 metres for lots partially serviced. The subject lands are located at 55837 5TH
Street, east of Plank Road in the Village of Straffordville.
THE EFFECT of this variance is to permit a reduced Minimum Lot Frontage for the creation of a
new residential lot in order to clear the Consent Conditions of Approval for Elgin Land Division
Committee file number E46-24 that was Conditionally Approved on July 24th, 2024.
5. STAFF PRESENTATION
A. Report DS-64/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-14/24
Driedger 56105 Maverick Court
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B. Report DS-65/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-15/24
Friesen 55837 5th Street
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, 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 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: BILL BRAUN
PUBLIC ATTENDEES B: LESLEY HUTTON-RHORA
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
3. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Committee of Adjustment Meeting held July 18, 2024
Moved by: Committee Member Weisler
Seconded by: Committee Member Froese
THAT the minutes from the Committee of Adjustment Meeting held July 18, 2024 be
approved as presented.
CARRIED
4. APPLICATION
A. Minor Variance Application A-12/24 55641 Maple Grove Line, Docheff
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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.
5. STAFF PRESENTATION
A. Report DS-56/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-12/24
55641 Maple Grove Line, Docheff
6. PRESENTATIONS BY APPLICANT/AGENT
Agent, Bill Braun, present and available for any questions.
7. PUBLIC SUBMISSIONS
No submissions.
8. COMMITTEE QUESTIONS AND DISCUSSION
No questions.
9. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Froese
Seconded by: Committee Member Weisler
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:
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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).
CARRIED
10. APPLICATION
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.
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.
11. STAFF PRESENTATION
B. Report DS-57/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-13/24 12
Edison Drive, Craig
12. PRESENTATIONS BY APPLICANT/AGENT
Agent, Lesley Hutton-Rhora here for any questions.
13. PUBLIC SUBMISSIONS
One (1) public submission in support of the application submitted by email and circulated to the
Committee on August 15, 2024.
14. COMMITTEE QUESTIONS AND DISCUSSION
No questions.
15. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Emerson
Seconded by: Committee Member Chilcott
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
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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.
CARRIED
16. ADJOURNMENT
Moved by: Committee Member Weisler
Seconded by: Committee Member Chilcott
THAT the Committee of Adjustment Meeting for consideration of Minor Variance Applications A-
12/24 and A-13/24 be adjourned at 6:42 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-14/24
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: JACOB AND LINDA DRIEDGER
LOCATION: 56105 MAVERICK COURT, STRAFFORDVILLE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a
proposed Minor Variance (A-14/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of
Bayham will hold a public meeting on September 5, 2024, at 6:00 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 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. The subject lands are located at 56105
Maverick Court, west of Sandytown Road in the Village of Straffordville.
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.
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 Thursday, August 29, 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 23rd 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 Straffordville
A-15/24
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: PETER & AGANETHA FRIESEN
LOCATION: 55837 5TH STREET, STRAFFORDVILLE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a
proposed Minor Variance (A-15/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of
Bayham will hold a public meeting on September 5, 2024, at 6:00 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 Lot Frontage of 16.0 metres for the
creation of new residential lot, whereas Section 10.4 of the Zoning By-law requires a Minimum
Lot Frontage of 20.0 metres for lots partially serviced. The subject lands are located at 55837
5TH Street, east of Plank Road in the Village of Straffordville.
THE EFFECT of this variance is to permit a reduced Minimum Lot Frontage for the creation of a
new residential lot in order to clear the Consent Conditions of Approval for Elgin Land Division
Committee file number E46-24 that was Conditionally Approved on July 24th, 2024.
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 Thursday, August 29, 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 23rd 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 Straffordville
REPORT
DEVELOPMENT SERVICES
TO: Committee of Adjustment Members
FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment
DATE: September 5, 2024
REPORT: DS-64/24 FILE NO. C-07 / D12.DRIE
Roll # 34-01-000-004-09053 SUBJECT: Committee of Adjustment Minor Variance A-14/24 Driedger, J & L
56105 Maverick Court, Sandytown Subdivision, Straffordville
BACKGROUND
Jacob and Linda Driedger have submitted a minor variance application for their property located
at 56105 Maverick Court, Straffordville, within the Sandytown Subdivision.
The subject property is currently designated as ‘Residential’ in Schedule ‘B’ – Straffordville:
Land Use and Constraints of the Bayham Official Plan. The subject property is currently zoned
as ‘Village Residential 1 (R1)’ in Schedule ‘F’ (Straffordville) of the Bayham Zoning By-law No.
Z456-2003. It should be noted that a Holding Provision (h2) previously applied to the subject
lands and was removed on April 4th, 2024 (By-law No. Z777-2024), as the financial and
servicing impacts of the new subdivision were addressed through the Subdivision Agreement
between the applicant and Municipality.
The purpose of this variance is 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.
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.
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 28, 2024, outlines the full analysis of the four “tests” and the
variances required for compliance.
Municipal planner and staff, including Fire Services reviewing the proposed dwelling roof
design, concur the application meets the criteria to permit the 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.
Staff Report DS-64/24 Driedger
Page 2
STRATEGIC PLAN
Not applicable.
ATTACHMENTS
1. Application for Minor Variance A-14/24 Driedger
2. Arcadis Memorandum, dated August 28, 2024
RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-64/24 regarding
the Dreidger 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-14/24 submitted by Jacob and Linda Driedger 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 10.5 Maximum Building Height - to permit a maximum building height of
8.0 metres for the development of a new single-detached dwelling, whereas 7.0
metres is permitted in the R1 Zone.
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 28, 2024
From Christian Tsimenidis, BES Project No 3404 - 959
cc Douglas W. Stewart, MCIP, RPP
Subject Jacob and Linda Driedger - Application for Minor Variance to Zoning By-law #Z456-2003 - 56105 Maverick Court, Straffordville
Background
1. Arcadis has completed a review of Minor Variance application A-14/24,
submitted by Jacob and Linda Driedger for the subject property located at 56105
Maverick Court in the Village of Straffordville. The application is requesting a
Minor Variance under Section 45 of the Planning Act 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.
Subject Property and Surrounding Area
2. The subject property is currently designated as ‘Residential’ in Schedule ‘B’ –
Straffordville: Land Use and Constraints of the Bayham Official Plan. The
subject property is currently zoned as ‘Village Residential 1 (R1)’ in Schedule ‘F’
(Straffordville) of the Bayham Zoning By-law No. Z456-2003. It should be noted
that a Holding Provision (h2) previously applied to the subject lands and was
removed on April 4th, 2024 (By-law No. Z777-2024), as the financial and
servicing impacts of the new subdivision were addressed through the
Subdivision Agreement between the applicant and Municipality.
3. The subject property has a lot area of 1,029.5 m2 (11,081.4 ft2) and a lot depth of
50.4 metres (165.4 feet). The subject property has access from Maverick Court
with a lot frontage of 20.0 metres (65.6 feet). As the subject property is part of a
new subdivision, it is currently vacant with the property owner’s intending to
develop a new two-storey single-detached dwelling. The proposed single-
detached dwelling will be serviced by private well and municipal sanitary
services, given that the subject property is located within the Village of
Straffordville.
ARCADIS MEMORANDUM
Municipality of Bayham – August 28, 2024
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4. The subject property is located on the western limit of the Village of Straffordville
and is surrounded by vacant or built lots, including low-rise residential uses,
notably one-storey single-detached dwellings along Heritage Line to the south,
and Sandytown Road to the east. The lands to the north are currently vacant,
however, should these lands be developed in the future, they are currently
designated and zoned for low-rise residential uses. Agricultural uses are located
further along Heritage Line, west of the subject property and outside of the
settlement area boundary.
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 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 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 single-detached dwelling of 8.0 metres in height would still
maintain the low-rise residential built-form intended for the ‘Residential’ land use
designation. Based on the proposed massing and siting of the single-detached
dwelling, it is our opinion that the proposed height of 8.0 metres maintains the
low-rise nature of the designation and surrounding area. The proposed dwelling
is also considered a permitted use in the ‘Residential’ designation and would be
compatible with the existing and contemplated low-rise residential development
in the surrounding area.
Therefore, it is our 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 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 our opinion that the proposed height of 8.0 metres (2-storeys) for the new
single-detached dwelling still maintains the intended low-rise built form of the existing ‘R1’ Zone and surrounding area. The proposed setbacks from the property lines also meet the minimum requirements of the Zoning By-law, thus providing sufficient separation from the proposed dwelling to neighbouring lots.
ARCADIS MEMORANDUM
Municipality of Bayham – August 28, 2024
3
This will also minimize any significant impacts from the streetscape and adjacent lots from a visual perspective. All other provisions of the Zoning By-law will be met, meaning no additional variances are required.
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 low-rise built form of the ‘R1’ Zone.
Is the variance minor in nature?
It is our opinion that the requested variance is minor in nature, as the proposed
Maximum Building Height for the new single-detached dwelling represents an
exceedance of 1.0 metres, which will not present significant impacts to adjacent
properties or the overall neighbourhood.
As such, it is our opinion that the proposed height relative to the surrounding
properties, as well as the siting of the proposed dwelling is designed to respect
the existing area and is minor in nature.
Is the variance desirable for the appropriate development or use of the
lands?
It is our opinion that the proposed variance is desirable for the appropriate
development or use of the land, as it will facilitate the construction of a new
single-detached dwelling on the subject property which is permitted in the
Official Plan and Zoning By-law.
Currently, the subject property does not accommodate any buildings/structures
on the vacant lands. Therefore, it is our opinion that the proposed height and
overall scale of the proposed single-detached dwelling is compatible with the
surrounding neighbourhood of 1-2 storeys 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 variance 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.
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: September 5, 2024
REPORT: DS-65/24 FILE NO. C-07 / D12.FRIE
Roll # 34-01-000-004-27300 SUBJECT: Committee of Adjustment Minor Variance A-15/24 Friesen, P & A
55837 Fifth Street, Straffordville
BACKGROUND
Appointed Agent David Roe has submitted a minor variance application A-15/24 on behalf of
Peter and Aganetha Friesen for their property located at 55837 Fifth Street, Straffordville. The
intent of this Minor Variance Application is to clear the Consent Conditions of Approval for Elgin
Land Division Committee file number E46-24 that was Conditionally Approved on July 24th, 2024,
for the creation of a new residential lot within the Village of Straffordville.
The proposed severed lot is designated as ‘Residential’ land use in Schedule ‘B’ of the
Municipality of Bayham Official Plan and is zoned Village Residential 1 (R1) on Schedule ‘F’ of
Zoning By-law Z456-2003. The subject property has a lot area of 931.0 m2 (10,021.2 ft2) and a lot
depth of 40.83 m (134.0 ft.).
The purpose of this variance is to permit a Minimum Lot Frontage of 16.0 metres for the creation
of new residential lot, whereas Section 10.4 of the Zoning By-law requires a Minimum Lot
Frontage of 20.0 metres for partially serviced lots.
The effect of this variance is to permit a reduced Minimum Lot Frontage for the creation of a new
residential lot in the village of Straffordville.
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 28, 2024, outlines the full analysis of the four “tests” and the
variances required for compliance.
Municipal planner and staff concur the application meets the criteria to provide relief from the
Zoning By-law Section 10.4 Minimum Lot Frontage to permit a reduced lot frontage of 16.0
metres for the creation of a new residential lot, whereas 20.0 metres is the required minimum for
partially serviced lots.
Staff Report DS-65/24 Friesen Page 2
STRATEGIC PLAN
Not applicable.
ATTACHMENTS
1. Application for Minor Variance A-15/24 Friesen
2. Arcadis Memorandum, dated August 28, 2024
RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-65/24 regarding
the Friesen 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-15/24 submitted by Peter and Aganetha Friesen 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 10.4 Minimum Lot Frontage to permit a reduced Lot Frontage of 16.0
metres for the creation of a new residential lot, whereas 20.0 metres is the required
minimum for partially serviced lots in the R1 Zone.
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 28, 2024
From Christian Tsimenidis, BES Project No 3404 - 949
cc Douglas W. Stewart, MCIP, RPP
Subject Peter and Aganetha Friesen- Application for Minor Variance to Zoning By-law #Z456-2003 - 55837 5TH Street, Straffordville
Background
1. We have completed our review of Minor Variance Application A-15/24, submitted
by David Roe (Civic Planning Solutions Inc.) on behalf of the property owners
Peter and Aganetha Friesen, for the property identified as 55837 5TH Street, east
of Plank Road in the Village of Straffordville. The applicant is requesting a Minor
Variance under Section 45 of the Planning Act to permit a reduced Minimum Lot
Frontage of 16.0 metres for the creation of a new residential lot, whereas Section
10.4 of the Zoning By-law requires a Minimum Lot Frontage 20.0 metres for
partially serviced lots.
2. The intent of this Minor Variance Application is to clear the Consent Conditions of
Approval for Elgin Land Division Committee file number E46-24 that was
Conditionally Approved on July 24th, 2024, for the creation of a new residential lot
within the Village of Straffordville.
Subject Property and Surrounding Area
3. The proposed Retained Lot has an estimated lot frontage of 30.1 metres (98.75
feet) and lot depth of roughly 40.83 metres (133.96 feet) to accommodate the
existing one-storey single-detached dwelling, as per the applicant’s Severance
Sketch. The proposed Retained Lot is currently serviced by private well and
municipal sanitary services, given that the subject property is located within the
Village of Straffordville. The proposed Retained Lot would continue to utilize the
existing private well and municipal sewer service connection located on the
Retained Lot. The existing driveway access to the proposed Retained Lot and
would remain unaltered. No Minor Variances are required for the proposed
Retained Lot.
4. The proposed Severed Lot (herein after referred to as ‘subject lands’ or ‘subject
property’) is designated as ‘Residential’ land use in Schedule ‘B’ of the
ARCADIS MEMORANDUM
Municipality of Bayham – August 28, 2024
2
Municipality of Bayham Official Plan and is zoned Village Residential 1 (R1) on
Schedule ‘F’ of Zoning By-law Z456-2003. The subject property has a lot area of
931.0 m2 (10,021.2 ft2) and a lot depth of 40.83 m (134.0 ft).
5. As the proposed Minor Variance is for the creation of a new residential lot in order
to clear the Consent Conditions of Approval for Elgin Land Division Committee,
the subject property is currently vacant with the intent to develop a single-detached dwelling on the subject property. The subject property has 16.0 metres
(52.5 ft) of lot frontage along 5TH Street. As per the Consent Conditions of
Approval, the applicant/owner is required to obtain approval from the Municipality
of Bayham for a road entrance permit to create a new access to the subject
property. In addition, the applicant/owner of the subject property will be required
to obtain a permit to install a new private well and municipal sanitary connection
in order to service the future dwelling, in accordance with the Consent Conditions
of Approval.
6. The subject property is immediately surrounded by low-rise residential uses in all
directions, being located within the Village of Straffordville. The subject property
is also within proximity of existing commercial, retail and institutional uses within
the settlement area boundary. Further east and outside of the settlement
boundary is existing agricultural lands.
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:
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. New residential development within existing settlement
areas, like the Village of Straffordville is encouraged in the Official Plan by filling
in the vacant areas and locating new residential development adjacent to existing
built-up areas in a compact and contiguous fashion. Further, development within
the ‘Residential’ land use designation in settlement areas shall be compatible with
the existing adjacent and surrounding land uses.
It is our opinion that the proposed variance for a reduced Lot Frontage will
maintain the general intent and purpose of the Official Plan, as the subject
property is intended to support a single-detached dwelling, respecting the low-rise
residential built form of the surrounding neighbourhood. The proposed reduced
lot frontage would facilitate appropriate residential development in an existing
built-up area through compatible intensification. The reduced Lot Frontage will
ARCADIS MEMORANDUM
Municipality of Bayham – August 28, 2024
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also facilitate infill development and discourage strip development, as directed by
the Official Plan.
Therefore, it is our 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 10.4 in the Zoning By-law to require a Minimum
Lot Frontage of 20.0 metres is to ensure adequate access can be provided from
the road to the lot and to protect and preserve the character of the area by
maintaining lots of similar sizes. As previously noted in this Memo, a Consent
Application (E-46/24) was Conditionally Approved on July 24th, 2024, to permit
the severance of the subject property.
It is our opinion that the proposed variance for a reduced Lot Frontage of 16.0
metres meets the general intent and purpose of the Zoning By-law, as the
proposed Lot Frontage will be appropriately sized for the context of the
surrounding residential lots along Plank Road. Further, the proposed Lot Area of
931.0 m2 (10,021.2 ft2) and Lot Depth of 40.83 m (134.0 ft) provides sufficient
space for a new single-detached dwelling to meet the minimum required setbacks.
As mentioned in Section 3.0 of this Memo, the applicant/owner is required to
obtain approval from the Municipality of Bayham for a road entrance permit to
create a new access to the subject property, where an appropriate location will be
determined in the future.
Therefore, it is our opinion that the proposed variance meets the general intent
and purpose of the Zoning By-law.
Is the variance minor in nature?
It is our opinion that the requested variance is minor in nature, as the reduced Lot
Frontage will not impact the existing residential use on the proposed Retained Lot
and will maintain compatibility with the established character of the surrounding
neighbourhood along 5TH Street and Plank Road. Further, the reduced Lot
Frontage still provides adequate space for the future detached dwelling, as well
as driveway access onto 5TH Street.
The proposed Lot Frontage will also provide sufficient space for the servicing
connection to the municipal sanitary system, as well as a new private well for the
subject property. Details pertaining to servicing will be determined at the Building
Permit Application stage.
Therefore, it is our opinion that the proposed reduced Lot Frontage will support
residential intensification within a built-up area while still respecting the existing
low-rise residential neighbourhood.
ARCADIS MEMORANDUM
Municipality of Bayham – August 28, 2024
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Is the variance desirable for the appropriate development or use of the
lands?
It is our opinion that the proposed variance is desirable for the appropriate
development or use of the land, as a future dwelling on the subject property would
be compatible with the adjacent surrounding land uses, all being low-rise
residential uses. The reduced Lot Frontage is appropriate for the lands as it
facilitates intensification within a residential area with existing public sanitary
sewer system. As per Consent Conditions of Approval, the applicant/owner would
be required to obtain a permit to authorize the installation and construction of a
new private well, demonstrating proof of potable water.
It is our opinion that the proposed Lot Frontage would maintain consistency with
adjacent and surrounding residential lots 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,
we have no objection to the proposed minor variance to provide relief from the
following Zoning By-law regulation on the subject property:
• Section 10.4 Minimum Lot Frontage to permit a reduced Lot Frontage of
16.0 metres for the creation of a new residential lot, whereas 20.0 metres
is the required minimum for partially serviced lots.
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc.
Christian Tsimenidis, BES Consulting Planner to the Municipality of Bayham