HomeMy WebLinkAboutSeptember 19, 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 19, 2024
6:30 p.m.
A. Minor Variance Application A-04/24 57070 Eden Line, Sawatzky (Revised)
B. Minor Variance Application A-16/24 53869 Heritage Line, Clarke & Sullivan
C. Minor Variance Application A-17/24 7 Charles Court, Klassen
The September 19, 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 September 5, 2024
4. APPLICATION
A. Minor Variance Application A-04/24
THE PURPOSE of this variance is to permit a new accessory building (garage) on the subject
property with a Maximum Height of 5.5 metres, whereas Section 9.5.1 of the Zoning By-law
permits a Maximum Height of 4.5 metres for accessory buildings. This application was originally
deferred by the Committee of Adjustment on April 18, 2024, due to concerns over the proposed
setback of 2.1 metres from the westerly property line. The applicant has since revised the
proposal to include a side yard setback of 3.08 metres between the proposed detached garage
and westerly property line. The subject lands are located at 57070 Eden Line, north side, and
east of Plank Road in the Hamlet of Eden.
THE EFFECT of this variance is to permit an increased Maximum Height to accommodate a new
accessory building (garage) and replace the existing shed on the subject property.
B. Minor Variance Application A-16/24 53869 Heritage Line, Clarke & Sullivan
THE PURPOSE of this variance is to permit a Minimum Lot Area of 904.0 m2 for the proposed
Retained Lot (Parcel ‘B’), whereas Section 9.2 of the Zoning By-law requires a Minimum Lot Area
of 1,100.0 m2 for lots serviced by public water and private sanitary servicing. The subject lands
are located at 53869 Heritage Line, north side, east of Richmond Road in the Hamlet of
Richmond.
THE EFFECT of this variance is to permit a reduced Minimum Lot Area of 904.0 m2 for the
proposed Retained Lot (Parcel ‘B’) in order to clear the Consent Conditions of Approval for Elgin
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Land Division Committee file number E28-24 that was Conditionally Approved on April 24th, 2024.
The existing single-detached dwelling will remain on the proposed undersized Retained Lot.
C. Minor Variance Application A-17/24 7 Charles Court, Klassen
THE PURPOSE of this variance is to grant relief from Section 10.12.7.4 in the Zoning By-law to
permit a Maximum Building Coverage of 45.5%, whereas 40% is the required maximum in the
R1-7 Zone. The subject lands are located at 7 Charles Court, north side, east of Elizabeth Street
in the Village of Port Burwell.
THE EFFECT of this variance will be to accommodate a new single-detached dwelling on the
subject property that exceeds the maximum permitted building coverage.
5. STAFF PRESENTATION
A. Report DS-68/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-04/24
57070 Eden Line, Sawatzky
B. Report DS-69/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-16/24
53869 Heritage Line, Clarke & Sullivan
C. Report DS-70/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-17/24 7
Charles Court, Klassen
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, 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 was held using hybrid
technologies via Zoom and livestreamed on YouTube.
COMMITTEE MEMBERS PRESENT: ED KETCHABAW
RAINEY WEISLER
DAN FROESE
SUSAN CHILCOTT
ABSENT: TIMOTHY EMERSON
STAFF PRESENT:
CAO THOMAS THAYER
CLERK MEAGAN ELLIOTT
SECRETARY/TREASURER MARGARET UNDERHILL
PUBLIC ATTENDEES A: N/A
PUBLIC ATTENDEES B: DAVID ROE
1. CALL TO ORDER
Chair Ketchabaw called the meeting to order at 6:00 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 August 15, 2024
Moved by: Committee Member Weisler
Seconded by: Committee Member Froese
THAT the minutes from the Committee of Adjustment Meeting held August 15, 2024 be
approved as presented.
CARRIED
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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.
5. STAFF PRESENTATION
A. Report DS-64/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-14/24
Driedger 56105 Maverick Court
M. Underhill presented Report DS-64/24.
6. PRESENTATIONS BY APPLICANT/AGENT
No presentations.
7. PUBLIC SUBMISSIONS
No public submissions.
8. COMMITTEE QUESTIONS AND DISCUSSION
Chair Ketchabaw confirmed with staff how height is measured.
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-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:
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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.
CARRIED
10. APPLICATION
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.
11. STAFF PRESENTATION
B. Report DS-65/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-15/24
Friesen 55837 5th Street
M. Underhill presented Report DS-65/24.
12. PRESENTATIONS BY APPLICANT/AGENT
David Roe, agent, noted he is present for any questions.
13. PUBLIC SUBMISSIONS
No submissions.
14. COMMITTEE QUESTIONS AND DISCUSSION
Chair Ketchabaw inquired which parts are proposed to be severed and what the total area of the
remaining parcel would be. Staff confirmed the drawings and measurements and noted that the
parcel would result in an irregular shape but can still be serviced without concerns.
15. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Weisler
Seconded by: Committee Member Chilcott
THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-65/24 regarding the
Friesen minor variance be received;
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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.
CARRIED
16. ADJOURNMENT
Moved by: Committee Member Froese
Seconded by: Committee Member Chilcott
THAT the Committee of Adjustment Meeting for consideration of Minor Variance Applications A-
14/24 and A-15/24 be adjourned at 6:10 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-04/24 NOTICE OF A SECOND PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM APPLICANT: CORNELIUS SAWATZY AND TRUDY FRIESEN LOCATION: 57070 EDEN LINE, EDEN
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-04/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a second public meeting on September 19, 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 permit a new accessory building (garage) on the subject property with a Maximum Height of 5.5 metres, whereas Section 9.5.1 of the Zoning By-law permits a Maximum Height of 4.5 metres for accessory buildings. This application was originally
deferred by the Committee of Adjustment on April 18, 2024, due to concerns over the proposed setback of 2.1 metres from the westerly property line. The applicant has since revised the proposal to include a side yard setback of 3.08 metres between the proposed detached garage and westerly property line. The subject lands are located at 57070 Eden Line, north side, and east of Plank Road in the Hamlet of Eden.
THE EFFECT of this variance is to permit an increased Maximum Height to accommodate a new accessory building (garage) and replace the existing shed 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 September 12, 2024 in order 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 9th day of September 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
Hamlet of Eden
A-16/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM APPLICANT: NATHAN CLARKE AND KELLY SULLIVAN LOCATION: 53869 HERITAGE LINE, RICHMOND
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-16/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on September 19, 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 permit a Minimum Lot Area of 904.0 m2 for the proposed Retained Lot (Parcel ‘B’), whereas Section 9.2 of the Zoning By-law requires a Minimum Lot Area of 1,100.0 m2 for lots serviced by public water and private sanitary servicing. The subject lands
are located at 53869 Heritage Line, north side, east of Richmond Road in the Hamlet of Richmond. THE EFFECT of this variance is to permit a reduced Minimum Lot Area of 904.0 m2 for the proposed Retained Lot (Parcel ‘B’) in order to clear the Consent Conditions of Approval for Elgin Land Division Committee file number E28-24 that was Conditionally Approved on April 24th, 2024. The existing single-detached dwelling will remain on the proposed undersized Retained Lot. 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 September 12th, 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 6th day of September 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-17/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM APPLICANT: MARTIN AND MARIA KLASSEN LOCATION: 7 CHARLES COURT, PORT BURWELL
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-17/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on September 19th, 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 Section 10.12.7.4 in the Zoning By-law to permit a Maximum Building Coverage of 45.5%, whereas 40% is the required maximum in the R1-7 Zone. The subject lands are located at 7 Charles Court, north side, east of Elizabeth Street
in the Village of Port Burwell. THE EFFECT of this variance will be to accommodate a new single-detached dwelling on the subject property that exceeds the maximum permitted building coverage. 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 September 12th, 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 6th day of September 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 Port Burwell
REPORT
DEVELOPMENT SERVICES
TO: Committee of Adjustment Members
FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment
DATE: September 19, 2024
REPORT: DS-68/24 FILE NO. C-07 / D12.SAWA
Roll # 34-01-000-006-19100 SUBJECT: Committee of Adjustment Minor Variance A-04/24 Sawatzky, C and Friesen, T
57070 Eden Line, Eden
BACKGROUND
The Committee of Adjustment considered Staff Report DS-26/24 on April 18, 2024 and passed the
following Decision: Moved by: Committee Member Weisler
Seconded by: Committee Member Chilcott THAT the Committee of Adjustment Secretary/Treasurer’s report DS-26/24 regarding the Sawatzky Friesen minor variance be received; AND THAT the Committee of Adjustment defers application A-04/24 until the owner can provide a survey to confirm the westerly lot line. The purpose of this variance is to permit a new accessory building (garage) on the subject property with a Maximum Height of 5.5 metres, whereas Section 9.5.1 of the Zoning By-law permits a Maximum Height of 4.5 metres for accessory buildings. This application was originally deferred by the Committee of Adjustment on April 18, 2024 due to concerns over the proposed setback of 2.1 metres from the westerly property line. The applicant has since revised the proposal to include a side yard setback of 3.08 metres between the proposed detached garage and westerly property line.
The effect of this variance is to permit an increased Maximum Height to accommodate a new accessory building (garage) and replace the existing shed on the subject property. DISCUSSION Cornelius Sawatzky and Trudy Friesen have submitted a revised sketch and a survey for the
Committee’s consideration of their minor variance application for property located at 57070 Eden Line, north side. The revised sketch shows the increased setback from 2.1 metres to 3.08 metres and the survey
Staff Report DS-68/24 Sawatzky Friesen Page 2
shows the location of the westerly lot line, as well as, the surveyor has staked the westerly lot line to confirm the westerly lot line as required by the Committee. The updated planner’s memorandum, dated September 9, 2024, is attached. Staff and planner concur the application meets the criteria and recommends granting the minor variance to permit the construction of the over-height detached garage at 57070 Eden Line and the placement as per
the revised sketch included in the application. STRATEGIC PLAN Not applicable. ATTACHMENTS
1. Application with Revised Sketch and Survey 11R1557 for Minor Variance A-04/24 Sawatzky, C and Friesen, T 2. Arcadis Memorandum, dated September 9, 2024
RECOMMENDATION THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-68/24 regarding the Sawatzky 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 with the revised sketch
and survey as presented meets Section 45.1(1) of the Planning Act and is considered minor; THEREFORE application A-04/24 submitted by Cornelius Sawatzky and Trudy 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:
• Section 9.5.1 Maximum Height for Accessory Buildings – to permit a Maximum Height of 5.5 metres for an accessory building (detached garage), whereas 4.5 metres is permitted in the Hamlet Residential (HR) Zone. Conditions: 1. That an approved engineered grading plan for the property, including the future detached garage, is required prior to the issuance of a building permit for the detached garage. 2. That the owner includes garage eavestroughs and downspouts on the Building Plans demonstrating that water is not directed towards the west property line prior
to the issuance of a building permit. 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 September 9, 2024
From Christian Tsimenidis, BES Project No 3404 - 935
cc Douglas Stewart, MCIP, RPP
Subject Cornelius Sawatzky and Trudy Friesen - Application for Minor
Variance to Zoning By-law #Z456-2003 - 57070 Eden Line, Hamlet of Eden
Background
1. Arcadis has completed a review of Minor Variance application A-04/24, submitted
by Cornelius Sawatzky and Trudy Friesen for the subject property located at
57070 Eden Line in the Hamlet of Eden. The application is requesting a Minor
Variance under Section 45 of the Planning Act to develop an accessory detached
garage, granting relief from Section 9.5.1 of the Zoning By-law to permit a
Maximum Height of 5.5 metres, whereas 4.5 metres is permitted for accessory
buildings.
2. It is important to note that this application was originally deferred by the
Committee of Adjustment on April 18, 2024, due to concerns from the adjacent
neighbour over the originally proposed setback of 2.1 metres from the westerly
property line. The applicant has since revised the proposal to include a side yard
setback of 3.08 metres between the proposed detached garage and westerly
property line. The variance request, as noted above in Paragraph 1, still remains
the same. It is our opinion that the revised placement of the proposed detached
garage addresses the concerns of the westerly neighbour. Please see Paragraph
5 of this Memo for more details regarding the planning analysis.
3. The proposed accessory building will be utilized by the applicant/owner for the
storage of personal vehicles on the ground floor, as well as personal storage
space on the second storey. The applicant/owner has expressed interest in
converting the second storey storage space into an Additional Residential Unit
(ARU) at some point in the future, however, a review of the Zoning By-law for
compliance and a Building Permit Application would be required prior to
constructing such a use, should the owners pursue.
ARCADIS MEMORANDUM
Municipality of Bayham – September 9, 2024
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Subject Property and Surrounding Area
4. The subject property is currently designated ‘Hamlets’ in Schedule ‘A1’ – Land
Use in the Bayham Official Plan. The subject property is currently zoned as
Hamlet Residential (HR) in Schedule ‘D’ (Eden) of the Bayham Zoning By-law No.
Z456-2003. The subject property has a lot area of 1,411.9 square metres (0.14
hectares) and a lot depth of 45.4 metres (149.0 feet). The subject property is
currently developed with a single-detached dwelling, as well as an accessory
shed in the rear yard. As per the applicant, the existing accessory shed will be
removed and replaced with the proposed detached garage. The subject property
is immediately surrounded by low-rise residential uses, as well as some
commercial and institutional uses being located in the Hamlet of Eden. The
adjacent property to the north is currently an agricultural lot, however, this
property is also located within the Hamlet of Eden boundary and zoned ‘HR(h2)
for future low-rise residential use.
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.
The proposed accessory structure to accommodate a detached garage for
personal vehicles and storage would be a complementary accessory use to the
existing/permitted single-detached dwelling on the subject property, given that no
detached or attached garage exists on-site today. Development within the
‘Residential’ land use designation shall also be compatible with the existing
adjacent and surrounding land use. As such, it is Arcadis’s opinion that the
proposed height of the accessory building maintains the low-rise built-form and
respects the existing surrounding properties and neighbourhood from a
compatibility perspective.
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 9.5.1 of the Zoning By-law to permit a Maximum Height of 4.5 metres for accessory buildings and structures within the ‘HR’ Zone is to
maintain the low-rise built form of 1 to 2 storeys in height.
ARCADIS MEMORANDUM
Municipality of Bayham – September 9, 2024
3
It is Arcadis’s opinion that the proposed height of 5.5 metres (2-storeys) for the detached garage still maintains the intended low-rise built form of the existing HR Zone and surrounding area. Further, the proposed Maximum Height of 5.5 metres for the accessory building is still smaller than the permitted Maximum Height of 10.5 metres for the main building/single-detached dwelling, thus maintaining its accessory nature to the primary use. The existing fencing and landscaping, as well as the proposed and/or revised Side Yard Depth of 3.08 metres along the
western side lot line also meet the minimum requirement, thus providing sufficient separation and a visual buffer from the proposed detached garage should there be concerns of overlook. All other provisions of the Zoning By-law will be met, meaning no additional variance 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.
Is the variance minor in nature?
It is Arcadis’s opinion that the requested variance is minor in nature, as the
proposed Maximum Height for the detached garage represents an exceedance
of 1.0 metre, which will not present significant impacts to adjacent properties or
the overall neighbourhood.
As such, it is Arcadis’s opinion that overall proposed height, siting, and orientation
of the proposed accessory building are designed to respect the existing
surrounding properties and neighbourhood.
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 detached
garage on the subject property which is permitted in the Zoning By-law. Currently,
the subject property does not accommodate any existing attached or detached
garage, only a 2.78 m2 (30.0 ft2) shed.
Arcadis is of the opinion that the proposed height and scale, as well as the
orientation and siting of the detached garage is compatible with the existing site and surrounding neighbourhood 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 provide relief from Section 9.5.1 of the Zoning
By-law to permit a Maximum Height of 5.5 metres for an accessory building
(detached garage), whereas 4.5 metres is permitted.
ARCADIS MEMORANDUM
Municipality of Bayham – September 9, 2024
4
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 19, 2024
REPORT: DS-69/24 FILE NO. C-07 / D12.CLAR
Roll # 34-01-000-007-1000 SUBJECT: Committee of Adjustment Minor Variance A-16/24 Clarke, N and Sullivan, K
53869 Heritage Line, Richmond
BACKGROUND
Nathan Clarke and Kelly Sullivan have submitted a minor variance application A-16/24 for their
property located at 53869 Heritage Line, Richmond. The intent of this Minor Variance Application
is to clear the Consent Condition of Approval for Elgin Land Division Committee file number E28-
24 that was Conditionally Approved on April 24, 2024 for the creation of a new residential lot within
the hamlet of Richmond.
The proposed Retained Lot and/or Parcel B shown on the Severance Sketch included in the application is designated as ‘Hamlets’ in Schedule ‘A1’ of the Municipality of Bayham Official Plan and is zoned Hamlet Residential (HR) on Schedule ‘E’ of Zoning By-law No. Z456-2003.
The purpose of this variance is to permit a Minimum Lot Area of 904.0 m2 for the proposed Retained Lot (Parcel ‘B’), whereas Section 9.2 of the Zoning By-law requires a Minimum Lot Area of 1,100.0 m2 for lots serviced by public water and private sanitary servicing. The subject lands are located at 53869 Heritage Line, north side, east of Richmond Road in the Hamlet of Richmond. The effect of this variance is to permit a reduced Minimum Lot Area of 904.0 m2 for the proposed Retained Lot (Parcel ‘B’) in order to clear the Consent Condition of Approval for Elgin Land
Division Committee. The existing single-detached dwelling will remain on the proposed undersized Retained Lot. 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 September 11, 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 9.2 Minimum Lot Area to permit a reduced Lot Area of 904.0 m2,
Staff Report DS-69/24 Clarke Sullivan Page 2
whereas 1,100.0 m2 is the required minimum for lots serviced by public water and private sanitary servicing. The granting of the minor variance will satisfy the condition of consent. STRATEGIC PLAN Not applicable. ATTACHMENTS
1. Application for Minor Variance A-16/24 Clarke Sullivan 2. Arcadis Memorandum, dated September 11, 2024 RECOMMENDATION THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-69/24 regarding the Clarke Sullivan 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-16/24 submitted by Nathan Clarke and Kelly Sullivan
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 9.2 Minimum Lot Area to permit a reduced Lot Area of 904.0 m2 whereas 1,100.0 m2 is the required minimum for lots serviced by public water and private sanitary servicing. 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 September 11, 2024
From Christian Tsimenidis, BES Project No 3404 - 934
cc Douglas W. Stewart, MCIP, RPP
Subject Nathan Clarke and Kelly Sullivan - Application for Minor Variance to Zoning By-law #Z456-2003 - 53869 Heritage Line, Richmond
Background
1. We have completed our review of Minor Variance Application A-16/24, submitted
by property owners Nathan Clarke and Kelly Sullivan, for the property identified
as 53869 Heritage Line, north side, east of Richmond Road in the Hamlet of
Richmond. The applicant is requesting a Minor Variance under Section 45 of the
Planning Act to permit a Minimum Lot Area of 904.0 m2 for the proposed Retained
Lot (Parcel ‘B’), whereas Section 9.2 of the Zoning By-law requires a Minimum
Lot Area of 1,100.0 m2 for lots serviced by public water and private sanitary
servicing.
2. The intent of this Minor Variance Application is to clear the Consent Conditions of
Approval for Elgin Land Division Committee file number E28-24 that was
Conditionally Approved on April 24th, 2024, for the creation of a new residential
lot within the Hamlet of Richmond.
Subject Property and Surrounding Area
3. The proposed Retained Lot and/or Parcel B from the Severance Sketch (herein
after referred to as ‘subject lands’ or ‘subject property’) is designated as ‘Hamlets’
in Schedule ‘A1’ of the Municipality of Bayham Official Plan and is zoned Hamlet
Residential (HR) on Schedule ‘E’ of Zoning By-law Z456-2003. The subject
property has an estimated lot frontage of 20.1 metres (65.9 feet) and lot depth of
roughly 38.1 metres (124.8 feet) to accommodate the existing single-detached
dwelling, as per the applicant’s Severance Sketch.
4. The subject property consists of an existing single-detached dwelling, detached
garage, and two (2) accessory sheds in the rear yard. Two (2) existing driveway
accesses from Heritage Line are located on both the eastern and western limit of
the subject property. The existing single-detached dwelling and western access
ARCADIS MEMORANDUM
Municipality of Bayham – September 11, 2024
2
will remain as they exist today on the subject property, as per the Severance
Sketch. The existing detached garage and eastern access are to be severed as
a Lot Addition and will no longer be located on the subject property. The two (2)
accessory sheds in the rear yard are to be removed and severed as part of a New
Residential Lot and will no longer be located on the subject property.
5. The subject property is currently serviced by municipal water supply and private
sanitary services, given that the subject property is located within the Hamlet of
Richmond. The subject property would continue to utilize the existing municipal
water supply connection and private septic tank located on the subject property.
The existing private septic bed will meet the minimum 3.0 metre setbacks from
the property line, as prescribed in the Ontario Building Code. As a Condition of
Approval for Consent, the applicant/owner is required provide written confirmation
from a licensed septic installer demonstrating that the system is in satisfactory
operating condition, and that the reduced Lot Area for the subject property
provides sufficient space for a new system in the event the existing system
requires future replacement.
6. The subject property is immediately surrounded by low-rise residential uses in all
directions, being located within the Hamlet of Richmond. Richmond Community
Park is situated east of the subject property, along Heritage Line. Institutional
zoned lands, identified as the Richmond United Church, are located south of the
subject property. Further east and outside of the Hamlet boundary is existing
agricultural lands and woodlands regulated by the Long Point Region
Conservation Authority (LPRCA). The subject property is not impacted by these
natural heritage features or LPRCA regulated areas.
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 principle land use function of the ‘Hamlet’ land use designation is intended
for clusters of non-farm residential development in the form of single-detached
dwellings in order to maintain a low-rise residential built-form. New residential
development within existing settlement areas, like the Hamlet of Richmond 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, new residential development within the ‘Hamlet’ land
use designation is encouraged in the Official Plan in accordance with the Hamlet
boundaries as depicted on Schedule ‘A1’.
ARCADIS MEMORANDUM
Municipality of Bayham – September 11, 2024
3
It is our opinion that the proposed variance for a reduced Lot Area will maintain
the general intent and purpose of the Official Plan, as the subject property is
intended to support an existing single-detached dwelling, respecting the existing
low-rise residential built form of the surrounding neighbourhood. The proposed
reduced Lot Area would facilitate appropriate residential development in an
existing built-up area within the Hamlet boundary, as the reduced Lot Area of the
subject property is a result of the creation of a new residential lot to the rear.
Therefore, the reduced Lot Area will facilitate infill development on developed
lands in the Hamlet of Richmond 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 9.2 of the Zoning By-law to require a Minimum
Lot Area of 1,100.0 m2 for lots serviced by public water and private sanitary
servicing is ensure that there is adequate space on the lot for amenity space,
servicing, and setbacks between buildings on adjacent lots. In addition, the
purpose of the Minimum Lot Area is 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-28/24) was Conditionally Approved on April 24th, 2024, to
permit the severance of the subject property.
It is our opinion that the proposed variance for a reduced Lot Area of 904.0 m2
meets the general intent and purpose of the Zoning By-law, as the proposed Lot
Area will be appropriately sized for the context of the surrounding residential lots
along Heritage Line and Richmond Road within the Hamlet boundary. Further, the
proposed Lot Frontage of 20.1 metres (65.9 feet) and Lot Depth of 38.1 metres
(124.8 feet) meets the minimum requirements of the Zoning By-law and provides
sufficient amenity space for the existing single-detached dwelling to meet the
minimum required setbacks.
As previously mentioned in Paragraph 5.0 of this Memo, the applicant/owner is
required to provide written confirmation from a licensed septic installer that the
reduced Lot Area for the subject property provides sufficient space for a new
system in the event the existing system requires future replacement. The current
septic bed in the rear yard meets the required 3.0 metre setbacks from the
property line, as prescribed in the Ontario Building Code.
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
Area will not have adverse impacts to the existing and surrounding residential
ARCADIS MEMORANDUM
Municipality of Bayham – September 11, 2024
4
uses and will maintain compatibility with the established character of the
surrounding neighbourhood along Heritage Line and Richmond Road. The
existing single-detached dwelling and driveway access will remain unaltered as a
result of this application. As such, the reduced Lot Area still provides adequate
amenity space, appropriate building setbacks from adjacent residential lots, as
well as driveway access onto Heritage Line.
Therefore, it is our opinion that the proposed reduced Lot Area will maintain the
residential use of the subject property and respect the existing low-rise residential
neighbourhood.
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 the existing single-detached dwelling on the
subject property is compatible with the adjacent surrounding land uses, all being
low-rise residential uses. The existing single-detached dwelling and residential
use of the subject property will remain as a result of this application. In addition,
the existing municipal water supply connection and private septic tank located on
the subject property will continue to be utilized by the applicant/owner. More
specifically, the proposed lot area reduction can accommodate the existing water
servicing connection and the private septic bed in the rear yard.
Therefore, it is Arcadis’s opinion that the reduced Lot Area 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 9.2 Minimum Lot Area to permit a reduced Lot Area of 904.0 m2,
whereas 1,100.0 m2 is the required minimum for lots serviced by public
water and private sanitary servicing.
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 19, 2024
REPORT: DS-70/24 FILE NO. C-07 / D12.KLAS
Roll # 34-01-002-001-00615 SUBJECT: Committee of Adjustment Minor Variance A-17/24 Klassen, M & M
7 Charles Court, Port Burwell
BACKGROUND
Martin and Marian Klassen have submitted a minor variance application for their property
located at 7 Charles Court, Port Burwell, within the MacNeil Subdivision.
The subject property is currently designated as ‘Residential’ in Schedule ‘D’ – Port Burwell:
Land Use and Constraints of the Bayham Official Plan. The subject property is currently zoned
as ‘Village Residential (R1-7)’ with a Site-Specific Exception in Schedule ‘I’ (Port Burwell) of the
Bayham Zoning By-law No. Z456-2003.
The purpose of this variance is to grant relief from Section 10.12.7.4 in the Zoning By-law to
permit a Maximum Building Coverage of 45.5 percent, whereas 40 percent is the required
maximum in the R1-7 Zone.
The effect of this variance will be to accommodate a new single-detached dwelling on the
subject property that exceeds the maximum permitted building coverage.
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 September 11, 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 grant relief from Section
10.12.7.4 in the Zoning By-law to permit a Maximum Building Coverage of 45.5 percent,
whereas 40 percent is the required maximum in the R1-7 zone, subject to a condition to provide
an engineered grading and storm water management plan for the subject property to
demonstrate that the proposal will be consistent with the previously approved grading and storm
water management plan for the registered plan of subdivision. Additionally, the engineered plan
will show that no negative impacts on the neighbouring lands or the street.
Staff Report DS-70/24 Klassen Page 2
STRATEGIC PLAN
Not applicable.
ATTACHMENTS
1. Application for Minor Variance A-17/24 Klassen
2. Arcadis Memorandum, dated September 11, 2024
RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-70/24 regarding
the Klassen 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-17/24 submitted by Martin and Maria Klassen 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 10.12.7.4 to permit a Maximum Building Coverage of 45.5 percent,
whereas 40 percent is the required maximum in the R1-7 zone, subject to a
condition to provide an engineered grading and storm water management plan for
the subject property to demonstrate that the proposal will be consistent with the
previously approved grading and storm water management plan for the registered
plan of subdivision, and that the parcel will drain properly with no negative impacts
on the neighbouring lands or the street, all to the satisfaction of the Municipality of
Bayham.
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 September 11, 2024
From Christian Tsimenidis, BES Project No 3404 - 960
cc Douglas W. Stewart, MCIP,
RPP
Subject Martin and Maria Klassen - Application for Minor Variance to
Zoning By-law #Z456-2003 - 7 Charles Court, Port Burwell
Background
1. Arcadis has completed a review of Minor Variance application A-17/24,
submitted by Martin and Maria Klassen for the subject property located at 7
Charles Court in the Village of Port Burwell. The application is requesting a
Minor Variance under Section 45 of the Planning Act to grant relief from Section
10.12.7.4 in the Zoning By-law to permit a Maximum Building Coverage of
45.5%, whereas 40% is the required maximum in the R1-7 Zone. The applicant
intends to develop a new single-detached dwelling on the subject property that
exceeds the maximum permitted building coverage.
Subject Property and Surrounding Area
2. The subject property is currently designated as ‘Residential’ in Schedule ‘D’ –
Port Burwell: Land Use and Constraints of the Bayham Official Plan. The subject
property is currently zoned as ‘Village Residential (R1-7)’ with a Site-Specific
Exception in Schedule ‘I’ (Port Burwell) of the Bayham Zoning By-law No. Z456-
2003.
3. The subject property has a lot area of 450 square metres (4,843.76 square feet),
lot frontage of 12.5 metres (41.0 feet), and a lot depth of 36 metres (118.1 feet).
The subject property is currently vacant, as it is part of a new subdivision. The
subject property is surrounding by vacant or built lots, including low-rise
residential uses, notably 1 and 2-storey single-detached dwellings along Charles
Court, MacNeil Court to the north, as well as the existing neighbourhood. The
proposed 1-storey single-detached dwelling will be serviced by both municipal
water and sanitary services, given that the subject property is located within the
Village of Port Burwell. Agricultural uses are located further east of the subject
property and outside of the settlement area boundary.
ARCADIS MEMORANDUM
Municipality of Bayham – September 11, 2024
2
Planning Analysis
4. Section 45(1) of the Planning Act outlines the four (4) “tests” with which the
Committee of Adjustment must be satisfied when considering an application for
a minor variance to the Zoning By-law. The following provides an analysis of
these four (4) tests with respect to the proposed 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.
It is our opinion that the proposed variance for an increased maximum lot
coverage of 45.5% to facilitate the construction of a 1-storey single-detached
dwelling will maintain the general intent and purpose of the Official Plan. The
proposed single-detached dwelling is a permitted use in the ‘Residential’ land
use designation and will maintain the low-rise residential built-form of the
surrounding area. The applicant is proposing a 1-storey single-detached
dwelling, which is similar in built-form and scale to the existing development in
the immediate area. Further, it is our opinion that the proposed scale, siting, and
orientation of the proposed single-detached dwelling maintains compatibility with
the existing adjacent and surrounding land uses.
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 10.12.7.4 in the Zoning By-law regarding
Maximum Lot Coverage is to ensure there is sufficient space for setbacks,
parking, landscaping, and maintaining aesthetically pleasing neighbourhood
streetscapes.
It is our opinion that the proposed variance for an increased maximum lot
coverage of 45.5% meets the general intent and purpose of the Zoning By-law,
as it will not present significant impacts to adjacent lots and surrounding
neighbourhood. The proposed single-detached dwelling will meet all minimum
setback requirements and other provisions pertaining to the R1-7 Zone. This will
provide sufficient separation distance between proposed building and the front,
rear, and interior side lot lines. Further, it is our opinion that the proposed
maximum lot coverage will still provide a sufficient balance between proposed
building area and landscaped area on the subject property in order to maintain
the neighbourhood streetscape. It is our opinion that the proposed variance
allows for sufficient leisure space in the rear and front yard for residents, given
ARCADIS MEMORANDUM
Municipality of Bayham – September 11, 2024
3
that the minimum setbacks are met. The proposed development will also
maintain the intended low-rise residential built-form contemplated by the Zoning
By-law for the R1-7 Zone.
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 proposed
lot coverage exceedance of 5.5% will not significantly impact usability of the
subject property and will not present any significant impacts to the
neighbourhood. The proposed lot coverage exceedance of 5.5% will still provide
an appropriate balance between landscaped space and building coverage on
the subject property.
As such, it is our opinion that the proposed lot coverage relative to the
surrounding properties, as well as the scale, siting, and orientation of the
proposed single-detached dwelling is designed to respect the existing low-rise
residential neighbourhood 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 that is currently vacant within
the Village of Port Burwell. The proposed single-detached dwelling is permitted
in the Official Plan and Zoning By-law, and no other variances are requested by
the applicant with respect to minimum setbacks.
From a stormwater management perspective, the proposed 5.5% increase in lot
coverage may impact the stormwater run-off contemplated in the stormwater
management plan completed and accepted at the time the Plan of Subdivision
was registered. The engineering work completed at that time would have
accounted for a lot coverage of 40% for all of the lots within the subdivision.
As such, in order to ensure there will be no negative impacts to the subject
property and adjacent lots as a result of this 5.5% lot coverage exceedance,
Arcadis is recommending that as a Condition of Approval, the owner provides an
engineered grading and storm water management plan to demonstrate that the
proposal will be consistent with the previously approved grading and stormwater
management plan for the registered plan that had accounted for a 40% lot
coverage.
Conclusions and Recommendations
5. Based on our review of this Minor Variance Application, Arcadis has no
objection to the proposed minor variance to grant relief from Section 10.12.7.4
ARCADIS MEMORANDUM
Municipality of Bayham – September 11, 2024
4
in the Zoning By-law to permit a Maximum Building Coverage of 45.5%,
whereas 40% is the required maximum in the R1-7 Zone, subject to the
following Condition:
a) That the owner provides an engineered grading and storm water
management plan for the subject property to demonstrate that the
proposal will be consistent with the previously approved grading and
stormwater management plan for the registered plan, and that the parcel
will drain properly with no negative impacts on the neighbouring lands or
the street, all to the satisfaction of the Municipality of Bayham.
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc.
Christian Tsimenidis, BES
Consulting Planner to the Municipality of Bayham