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Home My WebLink AboutSeptember 19, 2024 - Planning - Committee of Adjustment - DRAFT THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COMMITTEE OF ADJUSTMENT MINUTES 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 was held using hybrid technologies via Zoom and livestreamed on YouTube. COMMITTEE MEMBERS PRESENT: ED KETCHABAW RAINEY WEISLER DAN FROESE SUSAN CHILCOTT TIMOTHY EMERSON STAFF PRESENT: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT PLANNING CONSULTANT CHRISTIAN TSIMENIDIS PUBLIC ATTENDEES A: CORNELIUS SAWATZKY PUBLIC ATTENDEES B: N/A PUBLIC ATTENDEES C: N/A 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 No disclosures of pecuniary interest were declared. 3. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Committee of Adjustment Meeting held September 5, 2024 Moved by: Committee Member Chilcott Seconded by: Committee Member Weisler THAT the minutes from the Committee of Adjustment Meeting held September 5, 2024 be approved as presented. CARRIED 2 4. APPLICATION A. Minor Variance Application A-04/24 57070 Eden Line, Sawatzky (Revised) 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. 5. STAFF PRESENTATION A. Report DS-68/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-04/24 57070 Eden Line, Sawatzky T. Thayer presented Report DS-68/24. 6. PRESENTATIONS BY APPLICANT/AGENT Applicant, Cornelius Sawatzky was present and noted that he has the grading plans and can complete this in the next few weeks. 7. PUBLIC SUBMISSIONS No public submissions. 8. COMMITTEE QUESTIONS AND DISCUSSION Chair Ketchabaw referenced Section 5 of the Planner Report and inquired if a previous Minor Variance had been granted for this property. Staff did not have this information. 9. DECISION OF COMMITTEE (Motions) Moved by: Committee Member Weisler Seconded by: Committee Member Chilcott 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; 3 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. CARRIED 10. APPLICATION 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 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. 11. STAFF PRESENTATION B. Report DS-69/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-16/24 53869 Heritage Line, Clarke & Sullivan T. Thayer presented Report DS-69/24. 12. PRESENTATIONS BY APPLICANT/AGENT No presentations. 13. PUBLIC SUBMISSIONS No public submissions. 4 14. COMMITTEE QUESTIONS AND DISCUSSION No committee questions. 15. DECISION OF COMMITTEE (Motions) Moved by: Committee Member Emerson Seconded by: Committee Member Weisler 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. CARRIED 16. APPLICATION 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. 17. STAFF PRESENTATION C. Report DS-70/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-17/24 7 Charles Court, Klassen 18. PRESENTATIONS BY APPLICANT/AGENT No presentations. 5 19. PUBLIC SUBMISSIONS One (1) email received on September 19, 2024 in opposition of the application. Email was circulated to the Committee by email prior to the meeting. 20. COMMITTEE QUESTIONS AND DISCUSSION Committee Member Chilcott commented on the questioning of why someone who wants to build a larger home would purchase a small lot. Committee Member Weisler inquired if any municipal trees were proposed to be removed. Staff noted that is not planned. 21. DECISION OF COMMITTEE (Motions) Moved by: Committee Member Froese Seconded by: Committee Member Emerson 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. CARRIED 22. ADJOURNMENT Moved by: Committee Member Froese Seconded by: Committee Member Weisler THAT the Committee of Adjustment Meeting for consideration of Minor Variance Applications A- 04/24, A-16/24 and A-17/24 be adjourned at 6:50 p.m.; 6 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