HomeMy WebLinkAboutNovember 06, 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
Wednesday, November 6, 2024
6:30 p.m.
A. Minor Variance Application A-18/24 1000381098 Ontario Inc. (Wall) 9 Oak Street
B. Minor Variance Application A-19/24 1000381098 Ontario Inc. (Wall) 11 Oak Street
C. Minor Variance Application A-20/24 Rempel Friesen 56226 Heritage Line
D. Minor Variance Application A-21/24 Schmitt 54180 Eden Line
E. Minor Variance Application A-22/24 Gurd 43 Pitt Street
The November 6, 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 19, 2024
4. APPLICATION
A. Minor Variance Application A-18/24 Wall 9 Oak Street
THE PURPOSE of this variance is to grant relief from Section 4.34.1 to permit a driveway that
occupies a maximum of 54.0% of the front yard, whereas 50.0% is required. The increased
driveway width is intended to accommodate the off-street parking requirement for the existing
semi-detached dwelling and future interior Additional Residential Unit. The subject lands are
located at 9 Oak Street, west side, south of Fulton Street in the Village of Vienna.
THE EFFECT of this variance will be to accommodate a larger driveway to the existing semi-
detached dwelling (with a one ‘future’ interior Additional Residential Unit) that exceeds the
maximum front yard coverage requirement.
B. Minor Variance Application A-19/24 Wall 11 Oak Street
THE PURPOSE of this variance is to grant relief from Section 4.34.1 to permit a driveway that
occupies a maximum of 54.0% of the front yard, whereas 50.0% is required. The increased
driveway width is intended to accommodate the off-street parking requirement for the existing
semi-detached dwelling and future interior Additional Residential Unit. The subject lands are
located at 11 Oak Street, west side, south of Fulton Street in the Village of Vienna.
THE EFFECT of this variance will be to accommodate a larger driveway to the existing semi-
detached dwelling (with a one ‘future’ interior Additional Residential Unit) that exceeds the
maximum front yard coverage requirement.
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C. Minor Variance Application A-20/24 Rempel Friesen 56226 Heritage Line
THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations for
the development of a new semi-detached dwelling (with one interior Additional Residential Unit)
on the subject lands identified as 56226 Heritage Line, north side, west of Duke Street in the
Village of Straffordville:
1) Section 4.34.1 to permit a Maximum Driveway Width of 14.0 metres (7.0 metres per semi-
detached dwelling), whereas 9.0 metres is the maximum requirement, and occupy 68.5% of the
front yard, whereas 50.0% is the maximum requirement. The increased driveway width and
coverage is intended to accommodate the off-street parking requirement for the proposed semi-
detached dwelling and future interior Additional Residential Unit.
2) Section 10.3 to permit a Minimum Lot Area of 831.0 m2, whereas 900.0 m2 is the minimum
requirement for partially serviced lots in the Village of Straffordville.
3) Section 10.5 to permit a Maximum Building Height of 8.05 metres, whereas 7.0 metres is the
maximum requirement.
THE EFFECT of this variance will be to permit an increased Maximum driveway width and front
yard coverage, reduced Minimum Lot Area, and increased Maximum Height to accommodate a
new semi-detached dwelling (with one interior Additional Residential Unit) on the vacant subject
lands.
D. Minor Variance Application A-21/24 Schmitt 54180 Eden Line
THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations for
the development of a new detached garage/shop in the rear yard on the subject lands located at
54180 Eden Line, north side, west of Culloden Road in the Hamlet of North Hall:
1) Section 4.2.b) to permit a Minimum Side Yard Depth of 2.4 metres, whereas 4.5 metres is the
minimum requirement from the exterior side lot line in the HR Zone.
2) Section 4.21 to permit a private garage on a corner lot that is closer than 6.0 metres from the
street line.
THE EFFECT of this variance is to permit a reduced Minimum Side Yard Depth and distance from
the street line for the development a new detached garage/shop in the rear yard of the subject
lands.
E. Minor Variance Application A-22/24 Gurd 43 Pitt Street
THE PURPOSE of this variance is to grant relief from Section 10.6 in the Zoning By-law to permit
a Maximum Building Coverage of 32.5%, whereas 30% is the required maximum in the R1 Zone.
The subject lands are located at 43 Pitt Street, north side, east of Victoria Street in the Village of
Port Burwell.
THE EFFECT of this variance will be to accommodate an enclosed front yard porch for a new
single-detached dwelling currently under construction on the subject property that exceeds the
maximum permitted building coverage.
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5. STAFF PRESENTATION
A. Report DS-78/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-18/24
1000381098 Ontario Inc. (Wall) 9 Oak Street
B. Report DS-79/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-19/24
1000381098 Ontario Inc. (Wall) 11 Oak Street
C. Report DS-80/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-20/24
Rempel Friesen 56226 Heritage Line
D. Report DS-81/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-21/24
Schmitt 54180 Eden Line
E. Report DS-82/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-22/24 Gurd
43 Pitt 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, 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
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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;
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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.
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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.
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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.;
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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-18/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM APPLICANT: 1000381098 ONTARIO INC. (C/O ISSAK WALL) LOCATION: 9 OAK STREET, VIENNA
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-18/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on November 6th, 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 4.34.1 to permit a driveway that occupies a maximum of 54.0% of the front yard, whereas 50.0% is required. The increased driveway width is intended to accommodate the off-street parking requirement for the existing
semi-detached dwelling and future interior Additional Residential Unit. The subject lands are located at 9 Oak Street, west side, south of Fulton Street in the Village of Vienna. THE EFFECT of this variance will be to accommodate a larger driveway to the existing semi-detached dwelling (with a one ‘future’ interior Additional Residential Unit) that exceeds the maximum front yard coverage requirement. 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 October 30th, 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 24th day of October 2024.
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
Village of Vienna
A-19/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM APPLICANT: 1000381098 ONTARIO INC. (C/O ISSAK WALL) LOCATION: 11 OAK STREET, VIENNA
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-19/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on November 6th, 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 4.34.1 to permit a driveway that occupies a maximum of 54.0% of the front yard, whereas 50.0% is required. The increased driveway width is intended to accommodate the off-street parking requirement for the existing
semi-detached dwelling and future interior Additional Residential Unit. The subject lands are located at 11 Oak Street, west side, south of Fulton Street in the Village of Vienna. THE EFFECT of this variance will be to accommodate a larger driveway to the existing semi-detached dwelling (with a one ‘future’ interior Additional Residential Unit) that exceeds the maximum front yard coverage requirement. 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 October 30th, 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 24th day of October 2024.
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
Village of Vienna
A-20/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM APPLICANT: RONNIE REMPEL FRIESEN LOCATION: 56226 HERITAGE LINE, STRAFFORDVILLE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-20/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on November 6th, 2024, at 6:30 pm in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Minor Variance to Zoning
By-law No. Z456-2003 under Section 45 of The Planning Act. Committee of Adjustment Meetings may also be viewed virtually through the live-stream on the Municipality of Bayham YouTube Channel: Bayham YouTube
THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations for the development of a new semi-detached dwelling (with one interior Additional Residential Unit) on the subject lands identified as 56226 Heritage Line, north side, west of Duke Street in the
Village of Straffordville: 1) Section 4.34.1 to permit a Maximum Driveway Width of 14.0 metres (7.0 metres per semi-detached dwelling), whereas 9.0 metres is the maximum requirement, and occupy 68.5% of the front yard, whereas 50.0% is the maximum requirement. The increased driveway width and coverage is intended to accommodate the off-street parking requirement for the proposed semi-detached dwelling and future interior Additional Residential Unit. 2) Section 10.3 to permit a Minimum Lot Area of 831.0 m2, whereas 900.0 m2 is the minimum requirement for partially serviced lots in the Village of Straffordville. 3) Section 10.5 to permit a Maximum Building Height of 8.05 metres, whereas 7.0 metres is the maximum requirement. THE EFFECT of this variance will be to permit an increased Maximum driveway width and front yard coverage, reduced Minimum Lot Area, and increased Maximum Height to accommodate a
new semi-detached dwelling (with one interior Additional Residential Unit) on the vacant subject lands. 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 October 30th, 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 24th day of October 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-21/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM APPLICANT: HENRY AND KATHRINA SCHMITT LOCATION: 54180 EDEN LINE, NORTH HALL
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-21/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on November 6th, 2024, at 6:30 pm in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Minor Variance to Zoning
By-law No. Z456-2003 under Section 45 of The Planning Act. Committee of Adjustment Meetings may also be viewed virtually through the live-stream on the Municipality of Bayham YouTube Channel: Bayham YouTube
THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations for the development of a new detached garage/shop in the rear yard on the subject lands located at 54180 Eden Line, north side, west of Culloden Road in the Hamlet of North Hall:
1) Section 4.2.b) to permit a Minimum Side Yard Depth of 2.4 metres, whereas 4.5 metres is the minimum requirement from the exterior side lot line in the HR Zone. 2) Section 4.21 to permit a private garage on a corner lot that is closer than 6.0 metres from the street line. THE EFFECT of this variance is to permit a reduced Minimum Side Yard Depth and distance from
the street line for the development a new detached garage/shop in the rear yard of the subject lands. 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 October 30th, 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 24th day of October 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 North Hall
A-22/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM APPLICANT: DAVID GURD LOCATION: 43 PITT STREET, PORT BURWELL
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-22/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on November 6th, 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 10.6 in the Zoning By-law to permit a Maximum Building Coverage of 32.5%, whereas 30% is the required maximum in the R1 Zone. The subject lands are located at 43 Pitt Street, north side, east of Victoria Street in the Village of
Port Burwell. THE EFFECT of this variance will be to accommodate an enclosed front yard porch for a new single-detached dwelling currently under construction 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 October 30th, 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 24th day of October 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: November 6, 2024
REPORT: DS-78/24 FILE NO. C-07 / D12.1000381098
Roll # 34-01-004-001-15704 SUBJECT: Committee of Adjustment Minor Variance A-18/24 1000381098 Ontario Inc.
9 Oak Street, Vienna
BACKGROUND
The Owner 1000381098 Ontario Inc. (Issak Wall) has submitted a minor variance application for
their property located at 9 Oak Street, Vienna.
The subject lands are currently designated as ‘Residential’ in Schedule ‘C’: Vienna Land Use
and Constraints of the Bayham Official Plan. The subject property is currently zoned as ‘Village
Residential 1 (R1)’ in Schedule ‘H’ (Vienna) of the Bayham Zoning By-law No. Z456-2003. The
subject lands are surrounded by existing low-rise residential uses, notably one and two-storey
single-detached dwellings. The subject lands are within proximity to institutional and commercial
uses, notably the Vienna Lions Community Center.
The purpose of this variance is to grant relief from Section 4.34.1 to permit a driveway that
occupies a maximum of 54.0 percent of the front yard, whereas 50.0 percent is required. The
increased driveway width is intended to accommodate the off-street parking requirement for the
existing semi-detached dwelling and future interior Additional Residential Unit. The subject lands
are located at 9 Oak Street, west side, south of Fulton Street in the Village of Vienna.
The effect of this variance will be to accommodate a larger driveway to the existing semi-detached
dwelling (with one ‘future’ interior Additional Residential Unit (ARU)) that exceeds the maximum
front yard coverage requirement.
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 October 29, 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
4.34.1 of the Zoning By-law to permit a driveway that occupies a maximum of 54.0 percent of
the front yard, whereas 50.0 percent is required.
Staff Report DS-78/24 1000381098 Ont Inc
Page 2
STRATEGIC PLAN
Not applicable.
ATTACHMENTS
1. Application for Minor Variance A-18/24 1000381098 Ontario Inc.
2. Arcadis Memorandum, dated October 29, 2024
RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-78/24 regarding
the 1000381098 Ontario Inc. minor variance be received;
AND THAT the Committee of Adjustment considered all written and oral submissions
received on this application, the effect of which helped the Committee to make an
informed decision;
AND WHEREAS the Committee agrees that the proposed variance as presented meets
Section 45.1(1) of the Planning Act and is considered minor;
THEREFORE application A-18/24 submitted by 1000381098 Ontario Inc. pursuant to
Section 45 of the Planning Act for a minor variance, is granted to allow relief from
Municipality of Bayham Zoning By-law No. Z456-2003, specifically:
Section 4.34.1 to permit a driveway that occupies a maximum of 54.0 percent of
the front yard, whereas 50.0 percent is required, to provide adequate parking for
the future Additional Residential Unit (ARU) on the parcel, which is permitted as-
of-right on the subject lands.
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC
Secretary/Treasurer Committee of Adjustment Chief Administrative Officer
Oct 24/24
Nov 6/24 6:30pm
420 Wes Graham Way, Suite 106 Waterloo, ON, N2L 0A7
Memorandum
To/Attention Municipality of Bayham Date October 29, 2024
From Christian Tsimenidis, BES Project No 3404 - 962
cc
Subject 1000381098 Ontario Inc. (c/o Issak Wall) - Applications for
Minor Variance A-18/24 and A-19/24 to Zoning By-law #Z456-2003 - 9 & 11 Oak Street, Vienna
Background
1. Arcadis has completed a review of both Minor Variance applications A-18/24 and
A-19/24, submitted by 1000381098 Ontario Inc. (c/o Issak Wall), owner of the
subject lands located at 9 and 11 Oak Street in the Village of Vienna. This Memo
provides a combined analysis of the two (2) applications, as they propose identical
variances. Both applications are requesting a Minor Variance under Section 45 of
the Planning Act to permit a driveway that occupies a maximum of 54.0% of the
front yard, whereas Section 4.34.1 requires a maximum of 50.0%. The increased
driveway width is intended to accommodate the total off-street parking
requirement of three (3) parking spaces for the existing semi-detached dwelling
(2 parking spaces) and future interior Additional Residential Unit (1 parking space)
on each property.
Subject Property and Surrounding Area
2. 9 Oak Street has a lot area of 408.3 m2 (4,394.9 ft2), lot depth of 40.6 metres
(133.2 feet), and lot frontage of 10.05 metres (32.9 feet). Similarly, 11 Oak Street
has a lot area of 408.3 m2 (4,394.9 ft2), lot depth of 40.6 metres (133.2 feet), and
lot frontage of 10.05 metres (32.9 feet). The subject lands have access along Oak
Street and each consist of a semi-detached dwelling with an attached garage.
The dwelling on each property is currently serviced by both municipal water and
sanitary servicing, being located in the Village of Vienna where full municipal
servicing is available.
3. The subject lands are currently designated as ‘Residential’ in Schedule ‘C’:
Vienna Land Use and Constraints of the Bayham Official Plan. The subject
property is currently zoned as ‘Village Residential 1 (R1)’ in Schedule ‘H’ (Vienna)
of the Bayham Zoning By-law No. Z456-2003. The subject lands are surrounded
by existing low-rise residential uses, notably one and two-storey single-detached
ARCADIS MEMORANDUM
Municipality of Bayham – October 29, 2024
2
dwellings. The subject lands are within proximity to institutional and commercial
uses, notably the Vienna Lions Community Center.
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 variances:
Do the variances maintain the general intent and purpose of the Official
Plan?
The ‘Residential’ land use designation is intended to encourage and support the
development of semi-detached dwellings, which currently exist today on the
subject lands, 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 increase in driveway coverage in the front yard of the subject lands is
appropriate, as the streetscape will not be negatively impacted and will still
maintain a sufficient balance between hard and softscapes on the subject lands.
As the proposed variances will not create unacceptable adverse impacts for
adjacent properties, it is our opinion that the proposed variances will meet the
general intent of the Official Plan.
Do the variances maintain the general intent and purpose of the Zoning By-law?
The intent and purpose of Section 4.34.1 of the Zoning By-law requiring maximum
driveway widths to be 50% of the lot is to maintain neighbourhood aesthetics and
maintain a balance between hard and softscapes on a property.
It is our opinion that the requested variances to permit a maximum driveway
coverage of 54% in the front yard meets the general intent and purpose of the
Zoning By-law. The proposed driveway will still maintain a sufficient balance
between hard and softscapes on the subject lands and will not have adverse impacts from the streetscape. Further, the proposed driveway coverage and width
does not exceed the width of the existing semi-detached dwelling building
envelopes.
Are the variances minor in nature?
The requested variances are considered minor as the required off-street parking
spaces can be accommodated within the existing driveway, attached garage, and
in the extension of the driveway, in a safe manner, without impacting the
streetscape.
ARCADIS MEMORANDUM
Municipality of Bayham – October 29, 2024
3
Are the variances desirable for the appropriate development or use of the
lands?
It is our opinion that the requested variances are desirable and appropriate
development or use of the lands in that they will facilitate the widening of the
existing driveway, in its current location, to accommodate two (2) unobstructed
parking spaces, side by side. The intent of the requested variances is to provide
adequate parking for the proposed ARU on each lot, which is permitted as-of-right
on the subject lands.
Conclusions and Recommendations
5. Based on our review of this application and the four (4) tests for a Minor Variance, Arcadis has no objection to the proposed Minor Variance Application A-18/24 to provide relief from Section 4.34.1 to permit a driveway that occupies a maximum of 54.0% of the front yard, whereas 50.0% is required.
6. Based on our review of this application and the four (4) tests for a Minor Variance, Arcadis has no objection to the proposed Minor Variance Application A-19/24 to
provide relief from Section 4.34.1 to permit a driveway that occupies a maximum of 54.0% of the front yard, whereas 50.0% is required.
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: November 6, 2024
REPORT: DS-79/24 FILE NO. C-07 / D12.1000381098
Roll # 34-01-004-001-15704 SUBJECT: Committee of Adjustment Minor Variance A-19/24 1000381098 Ontario Inc.
11 Oak Street, Vienna
BACKGROUND
The Owner 1000381098 Ontario Inc. (Issak Wall) has submitted a minor variance application for
their property located at 11 Oak Street, Vienna.
The subject lands are currently designated as ‘Residential’ in Schedule ‘C’: Vienna Land Use
and Constraints of the Bayham Official Plan. The subject property is currently zoned as ‘Village
Residential 1 (R1)’ in Schedule ‘H’ (Vienna) of the Bayham Zoning By-law No. Z456-2003. The
subject lands are surrounded by existing low-rise residential uses, notably one and two-storey
single-detached dwellings. The subject lands are within proximity to institutional and commercial
uses, notably the Vienna Lions Community Center.
The purpose of this variance is to grant relief from Section 4.34.1 to permit a driveway that
occupies a maximum of 54.0 percent of the front yard, whereas 50.0 percent is required. The
increased driveway width is intended to accommodate the off-street parking requirement for the
existing semi-detached dwelling and future interior Additional Residential Unit. The subject lands
are located at 11 Oak Street, west side, south of Fulton Street in the Village of Vienna.
The effect of this variance will be to accommodate a larger driveway to the existing semi-detached
dwelling (with one ‘future’ interior Additional Residential Unit (ARU)) that exceeds the maximum
front yard coverage requirement.
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 October 29, 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
4.34.1 of the Zoning By-law to permit a driveway that occupies a maximum of 54.0 percent of
the front yard, whereas 50.0 percent is required.
Staff Report DS-79/24 1000381098 Ont Inc
Page 2
STRATEGIC PLAN
Not applicable.
ATTACHMENTS
1. Application for Minor Variance A-19/24 1000381098 Ontario Inc.
2. Arcadis Memorandum, dated October 29, 2024
RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-79/24 regarding
the 1000381098 Ontario Inc. minor variance be received;
AND THAT the Committee of Adjustment considered all written and oral submissions
received on this application, the effect of which helped the committee to make an
informed decision;
AND WHEREAS the Committee agrees that the proposed variance as presented meets
Section 45.1(1) of the Planning Act and is considered minor;
THEREFORE application A-19/24 submitted by 1000381098 Ontario Inc. pursuant to
Section 45 of the Planning Act for a minor variance, is granted to allow relief from
Municipality of Bayham Zoning By-law No. Z456-2003, specifically:
Section 4.34.1 to permit a driveway that occupies a maximum of 54.0 percent of
the front yard, whereas 50.0 percent is required, to provide adequate parking for
the future Additional Residential Unit (ARU) on the parcel, which is permitted as-
of-right on the subject lands.
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC
Secretary/Treasurer Committee of Adjustment Chief Administrative Officer
Oct 24/24
Nov 6/24 6:30pm
420 Wes Graham Way, Suite 106 Waterloo, ON, N2L 0A7
Memorandum
To/Attention Municipality of Bayham Date October 29, 2024
From Christian Tsimenidis, BES Project No 3404 - 962
cc
Subject 1000381098 Ontario Inc. (c/o Issak Wall) - Applications for
Minor Variance A-18/24 and A-19/24 to Zoning By-law #Z456-2003 - 9 & 11 Oak Street, Vienna
Background
1. Arcadis has completed a review of both Minor Variance applications A-18/24 and
A-19/24, submitted by 1000381098 Ontario Inc. (c/o Issak Wall), owner of the
subject lands located at 9 and 11 Oak Street in the Village of Vienna. This Memo
provides a combined analysis of the two (2) applications, as they propose identical
variances. Both applications are requesting a Minor Variance under Section 45 of
the Planning Act to permit a driveway that occupies a maximum of 54.0% of the
front yard, whereas Section 4.34.1 requires a maximum of 50.0%. The increased
driveway width is intended to accommodate the total off-street parking
requirement of three (3) parking spaces for the existing semi-detached dwelling
(2 parking spaces) and future interior Additional Residential Unit (1 parking space)
on each property.
Subject Property and Surrounding Area
2. 9 Oak Street has a lot area of 408.3 m2 (4,394.9 ft2), lot depth of 40.6 metres
(133.2 feet), and lot frontage of 10.05 metres (32.9 feet). Similarly, 11 Oak Street
has a lot area of 408.3 m2 (4,394.9 ft2), lot depth of 40.6 metres (133.2 feet), and
lot frontage of 10.05 metres (32.9 feet). The subject lands have access along Oak
Street and each consist of a semi-detached dwelling with an attached garage.
The dwelling on each property is currently serviced by both municipal water and
sanitary servicing, being located in the Village of Vienna where full municipal
servicing is available.
3. The subject lands are currently designated as ‘Residential’ in Schedule ‘C’:
Vienna Land Use and Constraints of the Bayham Official Plan. The subject
property is currently zoned as ‘Village Residential 1 (R1)’ in Schedule ‘H’ (Vienna)
of the Bayham Zoning By-law No. Z456-2003. The subject lands are surrounded
by existing low-rise residential uses, notably one and two-storey single-detached
ARCADIS MEMORANDUM
Municipality of Bayham – October 29, 2024
2
dwellings. The subject lands are within proximity to institutional and commercial
uses, notably the Vienna Lions Community Center.
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 variances:
Do the variances maintain the general intent and purpose of the Official
Plan?
The ‘Residential’ land use designation is intended to encourage and support the
development of semi-detached dwellings, which currently exist today on the
subject lands, 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 increase in driveway coverage in the front yard of the subject lands is
appropriate, as the streetscape will not be negatively impacted and will still
maintain a sufficient balance between hard and softscapes on the subject lands.
As the proposed variances will not create unacceptable adverse impacts for
adjacent properties, it is our opinion that the proposed variances will meet the
general intent of the Official Plan.
Do the variances maintain the general intent and purpose of the Zoning By-law?
The intent and purpose of Section 4.34.1 of the Zoning By-law requiring maximum
driveway widths to be 50% of the lot is to maintain neighbourhood aesthetics and
maintain a balance between hard and softscapes on a property.
It is our opinion that the requested variances to permit a maximum driveway
coverage of 54% in the front yard meets the general intent and purpose of the
Zoning By-law. The proposed driveway will still maintain a sufficient balance
between hard and softscapes on the subject lands and will not have adverse impacts from the streetscape. Further, the proposed driveway coverage and width
does not exceed the width of the existing semi-detached dwelling building
envelopes.
Are the variances minor in nature?
The requested variances are considered minor as the required off-street parking
spaces can be accommodated within the existing driveway, attached garage, and
in the extension of the driveway, in a safe manner, without impacting the
streetscape.
ARCADIS MEMORANDUM
Municipality of Bayham – October 29, 2024
3
Are the variances desirable for the appropriate development or use of the
lands?
It is our opinion that the requested variances are desirable and appropriate
development or use of the lands in that they will facilitate the widening of the
existing driveway, in its current location, to accommodate two (2) unobstructed
parking spaces, side by side. The intent of the requested variances is to provide
adequate parking for the proposed ARU on each lot, which is permitted as-of-right
on the subject lands.
Conclusions and Recommendations
5. Based on our review of this application and the four (4) tests for a Minor Variance, Arcadis has no objection to the proposed Minor Variance Application A-18/24 to provide relief from Section 4.34.1 to permit a driveway that occupies a maximum of 54.0% of the front yard, whereas 50.0% is required.
6. Based on our review of this application and the four (4) tests for a Minor Variance, Arcadis has no objection to the proposed Minor Variance Application A-19/24 to
provide relief from Section 4.34.1 to permit a driveway that occupies a maximum of 54.0% of the front yard, whereas 50.0% is required.
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: November 6, 2024
REPORT: DS-80/24 FILE NO. C-07 / D12.REMP
Roll # 34-01-000-004-33205 SUBJECT: Committee of Adjustment Minor Variance A-20/24 Rempel Friesen
56226 Heritage Line, Straffordville, Lot Split (56230 and 56232)
BACKGROUND
Owner Rommie Rempel Friesen has submitted a minor variance application for his property
located at 56230 and 56232 Heritage Line, lot split from 56226 Heritage Line.
The subject lands are 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. The subject lands are surrounded by existing low-rise residential uses, notably one
and two-storey single-detached dwellings. The subject property is also within close proximity of
a broad range of uses, including institutional, commercial, retail, and open space uses, notably
along Heritage Line and Plank Road. To the immediate north are existing agricultural lands.
These lands are within the Settlement Area boundary and are designated for residential
development.
The purpose of this variance is to grant relief from the following Zoning By-law regulations for the
development of a new semi-detached dwelling (with one interior Additional Residential Unit
(ARU)) on the subject lands identified as 56230 and 56232 Heritage Line, north side, west of
Duke Street in the village of Straffordville:
1) Section 4.34.1 to permit a Maximum Driveway Width of 14.0 metres (7.0 metres per semi-
detached dwelling), whereas 9.0 metres is the maximum requirement, and occupy 68.5
percent of the front yard, whereas 50.0 percent is the required maximum. The increased
driveway width and coverage is intended to accommodate the off-street parking
requirement for the proposed semi-detached dwelling and future interior ARU.
2) Section 10.3 to permit a Minimum Lot Area of 831.0 m2, whereas 900.0 m2 is the minimum
requirement for partially-serviced lots in the village of Straffordville.
3) Section 10.5 to permit a Maximum Building Height of 8.05 metres, whereas 7.0 metres is
the maximum requirement.
The effect of this variance will be to permit an increased Maximum driveway width and front yard
coverage, reduced Minimum Lot Area, and increased Maximum Height to accommodate a new
Staff Report DS-80/24 Rempel Friesen
Page 2
semi-detached dwelling with one interior ARU on the vacant subject lands.
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 October 29, 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
4.34.1 of the Zoning By-law to permit a Maximum Driveway width of 14.0 metres and occupy
68.5 percent of the front yard, and Section 10.3 to permit a Minimum Lot Area of 831.0 m2, and
Section 10.5 to permit a maximum Building Height of 8.05 metres, subject to the following
conditions:
a) That the Owner removes the existing wooden deck encroaching on the subject
property.
b) That the Owner removes the existing driveway and access, in accordance with
the Municipality of Bayham standards, currently encroaching on the subject
property.
c) That the Owner provides information to the Chief Building Official on the
openings in both the existing single-detached dwelling and proposed semi-
detached dwelling to confirm the limiting distance is adequate for both buildings
between the property line.
d) That the Owner enters into a Limiting Distance Agreement with the Municipality,
in accordance with the Ontario Building Code, with all costs associated with the
Agreement at the expense of the Owner, to address the Side Yard Depth
deficiency.
STRATEGIC PLAN
Not applicable.
ATTACHMENTS
1. Application for Minor Variance A-20/24 Rempel Friesen
2. Arcadis Memorandum, dated October 29, 2024
RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-80/24 regarding
the Rempel 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-20/24 submitted by Rommie Rempel 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:
Staff Report DS-80/24 Rempel Friesen
Page 3
Section 4.34.1 to permit a Maximum Driveway Width of 14.0 metres, whereas 9.0
metres is the maximum requirement, and occupy 68.5 percent of the front yard,
whereas 50% is required
Section 10.3 to permit a Minimum Lot Area of 831.0 m2, whereas 900 m2 is
required
Section 10.5 to permit a Maximum Building Height of 8.05 metres, whereas 7.0
metres is required;
and subject to the following conditions:
Conditions:
a) That the Owner removes the existing wooden deck encroaching on the subject
property.
b) That the Owner removes the existing driveway and access, in accordance with
the Municipality of Bayham standards, currently encroaching on the subject
property.
c) That the Owner provides information to the Chief Building Official on the
openings in both the existing single-detached dwelling and proposed semi-
detached dwelling to confirm the limiting distance is adequate for both buildings
between the property line.
d) That the Owner enters into a Limiting Distance Agreement with the Municipality,
in accordance with the Ontario Building Code, with all costs associated with the
Agreement at the expense of the owner, to address the Side Yard Depth
deficiency.
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC
Secretary/Treasurer Committee of Adjustment Chief Administrative Officer
420 Wes Graham Way, Suite 106 Waterloo, ON, N2L 0A7
Memorandum
To/Attention Municipality of Bayham Date October 29, 2024
From Christian Tsimenidis, BES Project No 3404 - 963
cc
Subject Ronnie Rempel Friesen - Application for Minor Variance A-
20/24 to Zoning By-law #Z456-2003 - 56226 Heritage Line, Straffordville
Background
1. Arcadis has completed a review of Minor Variance application A-20/24, submitted
by Ronnie Rempel Friesen, owner of the subject property located at 56226
Heritage Line in the Village of Straffordville. The application is requesting three
(3) Minor Variances under Section 45 of the Planning Act to develop a new semi-
detached dwelling (with one interior Additional Residential Unit) on the separated
subject lands identified as 56230 and 56232 Heritage Line, north side, west of
Duke Street in the Village of Straffordville:
• Section 4.34.1 to permit a Maximum Driveway Width of 14.0 metres (7.0
metres per semi-detached dwelling), whereas 9.0 metres is the
maximum requirement, and occupy 68.5% of the front yard, whereas
50.0% is the maximum requirement. The increased driveway width and
coverage is intended to accommodate the off-street parking requirement
for the proposed semi-detached dwelling and future interior Additional
Residential Unit.
• Section 10.3 to permit a Minimum Lot Area of 831.0 m2, whereas 900.0
m2 is the minimum requirement for partially serviced lots in the Village of
Straffordville.
• Section 10.5 to permit a Maximum Building Height of 8.05 metres,
whereas 7.0 metres is the maximum requirement.
2. The overall intent of this application is to permit an increased Maximum driveway
width and front yard coverage, reduced Minimum Lot Area, and increased
Maximum Height to accommodate a new semi-detached dwelling (with one
interior Additional Residential Unit) on the vacant subject lands.
ARCADIS MEMORANDUM
Municipality of Bayham – October 29, 2024
2
Subject Property and Surrounding Area
3. The subject property has a lot area of 831.0 m2 (8,944.8 ft2), lot depth of 40.6
metres (133.2 feet), and lot frontage of 20.5 metres (67.3 feet). The proposed
semi-detached dwelling will have access from Heritage Line, which is identified
as a County Road. County Staff have indicated their support for the proposed new
access and increased driveway width of 14.0 metres. The proposed semi-
detached dwelling will be serviced by private well and public sanitary servicing,
being located in the Village of Straffordville where partial servicing is available.
4. The subject lands are 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. The subject lands
are surrounded by existing low-rise residential uses, notably one and two-storey
single-detached dwellings. The subject property is also within close proximity of
a broad range of uses, including institutional, commercial, retail, and open space
uses, notably along Heritage Line and Plank Road. To the immediate north is
existing agricultural lands, however, these lands are within the Settlement Area
boundary and are designated for residential development.
5. To provide additional background on the subject property, the Village of
Straffordville is subject to Registered Plan 205, which is a registered Plan of
Subdivision that lays out the lots/parcels in Straffordville, drawn in September
1860 and registered in the County of Elgin Registry April 7, 1911. As this relates
to the subject property, the current owner/applicant, owns Plan 205 Blk A Lot 5 Pt
Lots 6 to 8. The owner/applicant severed Lot 5 by Deed without the need for a
Consent Application, as it is a “whole” lot on Registered Plan 205. The Ontario
Land Titles Registrar accepted that the lot (Lot 5) could be deeded as a lot on a
registered Plan of Subdivision. Therefore, the subject property (Lot 5) was
successfully severed and is an independent, vacant parcel of land. The existing
single-detached dwelling remains on the
6. Further to above, the existing single-detached dwelling on the now ‘retained
parcel’ would not comply with the Minimum Side Yard Depth of 1.2 metres. Rather
than a separate Minor Variance Application, it is understood that the
owner/applicant is willing to enter into a “Limiting Distance Agreement” with the
Municipality of Bayham, in accordance with the Ontario Building Code, to address
the Municipality’s concerns with the distance between the existing single-
detached dwelling and current property line. The intent of this agreement is to
allow the owner to build closer to the property line than would normally be
permitted under the Ontario Building Code. The owner would also be required to
provide the Chief Building Official additional information pertaining to the openings
in both the existing and proposed buildings to confirm the limiting distance is
sufficient for both buildings. As such, these have been included as Conditions of
Approval to this Minor Variance Application.
ARCADIS MEMORANDUM
Municipality of Bayham – October 29, 2024
3
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 variances:
Do the variances maintain the general intent and purpose of the Official
Plan?
The ‘Residential’ land use designation is intended to encourage and support the
development of semi-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 increase in driveway width and coverage in the front yard of the subject lands
is appropriate, as the streetscape will not be negatively impacted and will still
maintain a sufficient balance between hard and softscapes on the subject lands.
As the proposed variances will not create unacceptable adverse impacts for
adjacent properties, it is our opinion that the proposed variances will meet the
general intent of the Official Plan.
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 a new semi-detached dwelling, respecting the existing low-
rise residential built form of the surrounding neighbourhood. The proposed
reduced Lot Area would facilitate appropriate infill residential development in an
existing built-up area within the Village boundary and can accommodate partial
servicing, as directed by the Official Plan.
The proposed semi-detached dwelling of 8.05 metres in height would still
maintain the low-rise residential built-form intended for the ‘Residential’ land use
designation. The proposed dwelling is also considered a permitted use and
would be compatible with the existing and contemplated low-rise development in
the surrounding area.
Therefore, it is our opinion that the proposed variance maintains the general intent
and purpose of the Bayham Official Plan.
Do the variances maintain the general intent and purpose of the Zoning By-
law?
Variance #1: A Maximum Driveway Width of 14.0 metres, whereas 9.0 metres is required, and occupy 68.5% of the front yard, whereas 50.0% is required.
The intent and purpose of Section 4.34.1 of the Zoning By-law requiring maximum
driveway widths to be 9.0 metres and maximum driveway coverage to be 50% of
the front yard is to maintain neighbourhood aesthetics and maintain a balance
between hard and softscapes on a property.
ARCADIS MEMORANDUM
Municipality of Bayham – October 29, 2024
4
It is our opinion that the requested variance to permit a maximum driveway width
of 14.0 metres and coverage of 68.5% in the front yard meets the general intent
and purpose of the Zoning By-law. The owner intends to sever the semi-detached
dwelling in the future into two (2) distinct lots, therefore, each driveway per lot will
be 7.0 metres wide. The proposed driveway will still maintain a sufficient balance
between hard and softscapes on the subject lands and will not have adverse
impacts from the streetscape. Further, the proposed driveway width and coverage
does not exceed the width of the existing semi-detached dwelling building
envelope from the streetscape.
Therefore, it is our opinion that the proposed variance meets the general intent
and purpose of the Zoning By-law.
Variance #2: To permit a Minimum Lot Area of 831.0 m2, whereas 900.0 m2 is required.
The intent and purpose of Section 10.3 of the Zoning By-law to require a Minimum
Lot Area of 900.0 m2 for lots serviced by private water and public 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.
It is our opinion that the proposed variance for a reduced Lot Area of 831.0 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 within the Village of Straffordville. As per Municipal Staff,
it is understood that the proposed lot area will provide sufficient space for private
well and public sanitary connection. Further, the proposed Lot Frontage of 20.5
metres (67.3 feet) and Lot Depth of 40.6 metres (133.2 feet) meets the minimum
requirements of the Zoning By-law and provides sufficient amenity space for the
proposed semi-detached dwelling to meet the minimum required setbacks.
Therefore, it is our opinion that the proposed variance meets the general intent
and purpose of the Zoning By-law.
Variance #3: To permit a Maximum Building Height of 8.05 metres, whereas 7.0
metres is required.
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 8.05 metres (2-storeys) for a new
semi-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
ARCADIS MEMORANDUM
Municipality of Bayham – October 29, 2024
5
providing sufficient separation and/or buffering from the proposed dwelling to
neighbouring lots.
Therefore, it is our opinion that the proposed variance meets the general intent
and purpose of the Zoning By-law.
Are the variances minor in nature?
The requested variances are considered minor as the required off-street parking
spaces can be accommodated in the proposed driveway and attached garages
to the semi-detached building, in a safe manner, without having adverse impacts
to the streetscape. Further, the reduced Minimum Lot Area will not have adverse
impacts to the existing and surrounding residential uses and will maintain
compatibility with the established character of the surrounding neighbourhood
along Heritage Line. The proposed Maximum Building Height for the new semi-
detached dwelling represents an exceedance of 1.05 metres, which will not
present significant impacts to adjacent properties or the overall neighbourhood.
Are the variances desirable for the appropriate development or use of the
lands?
It is our opinion that the requested variances are desirable and appropriate
development or use of the lands in that the variance will facilitate the widening of
the driveway to accommodate two (2) unobstructed parking spaces, side by side.
The intent of the requested variances is to provide adequate parking for the
proposed ARU in the semi-detached dwelling, which is permitted as-of-right on
the subject lands. Further, given that Heritage Line is a County Road, County Staff
have noted their support for a 14.0 metre wide driveway and deemed it
appropriate.
In addition, it is our opinion that the proposed variances are desirable for the
appropriate development or use of the land, as they will facilitate the construction
of a new semi-detached dwelling (and future interior ARU) 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, scale, and siting of the
proposed semi-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
8. Based on our review of this application and the four (4) tests for a Minor Variance,
Arcadis has no objection to the proposed Minor Variance Application to provide
relief from: Section 4.34.1 to permit a Maximum Driveway Width of 14.0 metres
and occupy 68.5% of the front yard, Section 10.3 to permit a Minimum Lot Area
of 831.0 m2, and Section 10.5 to permit a Maximum Building Height of 8.05
metres, subject to the following conditions:
ARCADIS MEMORANDUM
Municipality of Bayham – October 29, 2024
6
a) That the owner removes the existing wooden deck encroaching on the
subject property.
b) That the owner removes the existing driveway and access, in
accordance with the Municipality of Bayham standards, currently
encroaching on the subject property.
c) That the owner provides information to the Chief Building Official on the
openings in both the existing single-detached dwelling and proposed
semi-detached dwelling to confirm the limiting distance is adequate for
both buildings between the property line.
d) That the owner enters into a Limiting Distance Agreement with the
Municipality, in accordance with the Ontario Building Code, with all costs
associated with the Agreement at the expense of the owner, to address
the Side Yard Depth deficiency.
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: November 6, 2024
REPORT: DS-81/24 FILE NO. C-07 / D12.SCHM
Roll # 34-01-000-005-05100 SUBJECT: Committee of Adjustment Minor Variance A-21/24 Schmitt
54180 Eden Line, North Hall
BACKGROUND
Owners Henry and Kathrina Schmitt have submitted a minor variance application for their
property located at 54180 Eden Line, north side, west of Culloden Road in the hamlet of North
Hall.
The subject property is currently designated as ‘Hamlets’ in Schedule ‘A1’ - Land Use of the
Bayham Official Plan. The subject property is currently zoned as ‘Hamlet Residential (HR)’ in
Schedule ‘C’ (North Hall) of the Bayham Zoning By-law No. Z456-2003.
The purpose of this variance is to grant relief from the following Zoning By-law regulations for the
development of a new detached garage/shop in the rear yard on the subject lands:
1) Section 4.2.b) to permit a Minimum Side Yard Depth of 2.4 metres, whereas 4.5 metres is
the minimum requirement from the exterior side lot line in the HR Zone.
2) Section 4.21 to permit a private garage on a corner lot that is closer than 6.0 metres from
the street line.
The effect of this variance is to permit a reduced Minimum Side Yard Depth and distance from
the street line for the development a new detached garage/shop in the rear yard of the subject
lands.
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 October 29, 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
4.2 b) to permit a Minimum Side Yard Depth of 2.4 metres, whereas 4.5 metres is the minimum
Staff Report DS-81/24 Schmitt Page 2
Side Yard Depth required from the exterior side lot line in the HR Zone, and; Section 4.21 to
permit a private garage on a corner lot that is closer than 6.0 metres from the street line.
STRATEGIC PLAN
Not applicable.
ATTACHMENTS
1. Application for Minor Variance A-21/24 Schmitt
2. Arcadis Memorandum, dated October 29, 2024
RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-81/24 regarding
the Schmitt 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-21/24 submitted by Henry and Kathrina Schmitt pursuant to
Section 45 of the Planning Act for a minor variance, is granted to allow relief from
Municipality of Bayham Zoning By-law No. Z456-2003, specifically:
Section 4.2 b) to permit a Minimum Side Yard Depth of 2.4 metres, whereas
4.5 metres is the Minimum Side Yard Depth required from the exterior side
lot line in the HR Zone; and,
Section 4.21 to permit a private garage on a corner lot that is closer than
6.0 metres from the street line.
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC
Secretary/Treasurer Committee of Adjustment Chief Administrative Officer
Nov 6/24 6:30pm
Oct 24/24 0429650
420 Wes Graham Way, Suite 106 Waterloo, ON, N2L 0A7
Memorandum
To/Attention Municipality of Bayham Date October 29, 2024
From Christian Tsimenidis, BES Project No 3404 - 964
cc
Subject Henry and Kathrina Schmitt - Application for Minor Variance A-
21/24 to Zoning By-law #Z456-2003 - 54180 Eden Line, North Hall
Background
1. Arcadis has completed a review of Minor Variance application A-21/24, submitted
by J&M Hiebert Construction Inc. (c/o Jake Hiebert), on behalf of Henry and
Kathrina Schmitt, owners of the subject property located at 54180 Eden Line in
the Hamlet of North Hall. The application is requesting two (2) Minor Variances
under Section 45 of the Planning Act to develop a new detached garage/shop in
the rear yard, granting relief from the following Zoning By-law regulations:
• Section 4.2.b) to permit a Minimum Side Yard Depth of 2.4 metres, whereas 4.5 metres is the Minimum Side Yard Depth required from the exterior side lot line in the HR Zone, and;
• Section 4.21 to permit a private garage on a corner lot that is closer than
6.0 metres from the street line.
Subject Property and Surrounding Area
2. The subject property has a lot area of 2,788.2 m2 (30,011.9 ft2) and a lot depth of
71.8 metres (235.5 feet). The subject property has access from Culloden Road
with a lot frontage of approximately 32.0 metres (104.9 feet) and flankage of
approximately 64.2 metres (210.6 feet) along Eden Line. The subject property
consists of a one-storey single-detached dwelling with an attached garage to
remain unaltered. The subject property is currently serviced by private well and
septic servicing, being located in the Hamlet of North Hall where full private
servicing is available.
3. The subject property is currently designated as ‘Hamlets’ in Schedule ‘A1’ - Land
Use of the Bayham Official Plan. The subject property is currently zoned as
‘Hamlet Residential (HR)’ in Schedule ‘C’ (North Hall) of the Bayham Zoning By-
law No. Z456-2003.
ARCADIS MEMORANDUM
Municipality of Bayham – October 29, 2024
2
4. The subject property is located towards the western limit of North Hall and is
surrounded by existing low-rise residential uses, notably one-storey single-
detached dwellings. Further south and north-west of the subject property are
existing agricultural operations beyond the limits 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 variances:
Do the variances 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. Further, accessory
uses associated with residential development within the ‘Hamlet’ land use
designation is permitted in the Official Plan.
It is our opinion that the proposed variances to facilitate the development of a new
shop/detached garage (where one does not currently exist) will maintain the
general intent and purpose of the Official Plan and would be a complementary
accessory use to the existing single-detached dwelling on the subject property. It
is our opinion that the proposed siting, and orientation of the proposed accessory
building is designed to respect the existing surrounding properties and
neighbourhood.
Therefore, it is our opinion that the proposed variances maintain the general intent
and purpose of the Bayham Official Plan.
Do the variances maintain the general intent and purpose of the Zoning By-law?
Variance #1: To permit a Minimum Side Yard Depth of 2.4 metres whereas 4.5
metres is the Minimum Side Yard Depth required from the exterior side lot line in the HR Zone.
The intent and purpose of 4.2 b) of the Zoning By-law is to ensure adequate
separation between buildings is provided for functional and aesthetic purposes
from the side lot line.
It is our opinion that the proposed variance for a reduced side yard depth meets
the general intent and purpose of the Zoning By-law, as it will not present
significant impacts from the streetscape, adjacent lot to the west, and the
surrounding area. The existing tree line will also provide a sufficient visual buffer
between Eden Line and the proposed shop to minimize visual impacts from the
streetscape.
ARCADIS MEMORANDUM
Municipality of Bayham – October 29, 2024
3
Therefore, it is our opinion that the proposed variance meets the general intent
and purpose of the Zoning By-law.
Variance #2: To permit a private garage on a corner lot that is closer than 6.0 metres from the street line.
The intent and purpose of Section 4.21 of the Zoning By-law is to avoid accessory
buildings closer to the street for aesthetic purposes and to avoid undue noise or
activity carried out in association with the accessory building from the public
street.
The applicant is proposing the shop/detached garage in the rear yard that closer
to the street line than the required 6.0 metres in order to better align the proposed
shop with the existing dwelling and avoid the deck in the rear yard. It is our opinion
that the proposed setback of 2.4 metres from the street line provides sufficient
separation from Eden Line. Further, the existing trees along the street line will
provide additional buffering, thus reducing negative visual impacts, as well as
undue noise or activity from the proposed structure to the public realm.
Therefore, it is our opinion that the proposed variance meets the general intent
and purpose of the Zoning By-law.
Are the variances minor in nature?
It is our opinion that the requested variances are minor in nature, as the proposed
shop/detached garage, being closer to the exterior side lot line than the required
setbacks in Sections 4.2.b) and 4.21 of the Zoning By-law, will maintain
compatibility with the surrounding residential uses and will not contribute to land
use conflicts with adjacent properties. The overall proposed siting and orientation
of the proposed shop is designed to respect the existing and surrounding
properties.
As such, it is Arcadis’s opinion that the proposed variances are minor in nature is
designed to respect the existing surrounding area.
Are the variances desirable for the appropriate development or use of the
lands?
It is our opinion that the proposed variances are desirable for the appropriate
development or use of the land, as it will facilitate the construction of a new
shop/detached garage on the subject property, which is permitted in the Official
Plan and Zoning By-law. The proposed location of the shop in the rear yard, being
closer to the exterior side lot line than the required setbacks in Sections 4.2.b)
and 4.21 of the Zoning By-law is appropriate, as it is will not have any adverse
impacts to the existing or surrounding residential lands. The existing tree line will
also provide a sufficient visual buffer between Eden Line and the proposed shop
to minimize impacts from the streetscape.
Therefore, Arcadis is of the opinion that the proposed siting of the proposed
shop/detached garage is complementary to the existing site and surrounding area
ARCADIS MEMORANDUM
Municipality of Bayham – October 29, 2024
4
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 application and the four (4) tests for a Minor Variance, Arcadis has no objection to the proposed Minor Variance Application to provide relief from the following Zoning By-law regulations on the subject property:
• Section 4.2.b) to permit a Minimum Side Yard Depth of 2.4 metres, whereas 4.5 metres is the Minimum Side Yard Depth required from the exterior side lot line in the HR Zone, and;
• Section 4.21 to permit a private garage on a corner lot that is closer than 6.0 metres from the street line.
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: November 6, 2024
REPORT: DS-82/24 FILE NO. C-07 / D12.GURD
Roll # 34-01-002-001-30400 SUBJECT: Committee of Adjustment Minor Variance A-22/24 Gurd
43 Pitt Street, Port Burwell
BACKGROUND
Owner David Gurd has submitted a minor variance application for his property located at 43 Pitt
Street, north side, east of Victoria Street in the village of Port Burwell.
The subject property is currently designated as ‘Residential’ and ‘Hazard Lands’ in Schedule ‘D’
– Port Burwell: Land Use and Constraints of the Bayham Official Plan. The subject property is
currently zoned as ‘Village Residential 1 (R1)’ 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 10.6 in the Zoning By-law to permit a
Maximum Building Coverage of 32.5 percent, whereas 30 percent is the required maximum in the
R1 Zone.
The effect of this variance will be to accommodate an enclosed front yard porch for a new single-
detached dwelling currently under construction on the subject property that will exceed the overall
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 October 29, 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
10.6 Maximum Building Coverage to permit a lot coverage of 32.5 percent, whereas the
maximum building coverage is 30 percent, subject to the following condition:
a) That the Owner receives written approval from the Long Point Region Conservation
Authority (LPRCA) for the proposed single-detached dwelling with an enclosed front
porch within the LPRCA Regulation Limit.
Staff Report DS-82/24 Gurd Page 2
STRATEGIC PLAN
Not applicable.
ATTACHMENTS
1. Application for Minor Variance A-22/24 Gurd
2. Arcadis Memorandum, dated October 29, 2024
RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-82/24 regarding
the Schmitt 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-22/24 submitted by David Gurd 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 10.6 Maximum Building Coverage to permit a lot coverage of
32.5%, whereas the maximum building coverage is 30%, subject to the
following condition:
a) That the Owner receives and provides to the Municipality the written
approval from the Long Point Region Conservation Authority (LPRCA)
for the proposed single-detached dwelling with an enclosed front porch
within the LPRCA Regulation Limit.
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC
Secretary/Treasurer Committee of Adjustment Chief Administrative Officer
Nov 6/24 6:30pm
Oct24/24
420 Wes Graham Way, Suite 106 Waterloo, ON, N2L 0A7
Memorandum
To/Attention Municipality of Bayham Date October 29, 2024
From Christian Tsimenidis, BES Project No 3404 - 965
cc
Subject David Gurd - Application for Minor Variance A-22/24 to Zoning
By-law #Z456-2003 - 43 Pitt Street, Port Burwell
Background
1. Arcadis has completed a review of Minor Variance application A-22/24, submitted
by David Gurd, owner of the subject property located at 43 Pitt Street in the Village
of Port Burwell. The application is requesting a Minor Variance under Section 45
of the Planning Act to permit a Maximum Building Coverage of 32.5%, whereas
Section 10.6 of the Zoning By-law requires a Maximum Building Coverage of 30%.
The intent of this variance is to accommodate an enclosed front yard porch for a
new single-detached dwelling currently under construction on the subject property
that exceeds the maximum permitted building coverage.
Subject Property and Surrounding Area
2. The subject property has a lot area of 845.1 m2 (9,096.6 ft2) and a lot depth of
44.6 metres (146.3 feet). The subject property has access from Pitt Street with a
lot frontage of 22.5 metres (73.8 feet). A new one-storey single-detached dwelling
with an attached garage that is currently under construction on the subject
property. A Building Permit (#2024-133) and Long Point Conservation Authority
Permit (#LPRCA-164/24) was successfully issued to owner for the construction
of the proposed dwelling. The owner now intends to add an enclosed front yard
porch to the new dwelling, thus increasing the building lot coverage and requiring
a minor variance. The proposed single-detached dwelling will be serviced by
municipal water and sanitary services, given that the subject property is located
within the Village of Port Burwell where full services are available.
3. The subject property is currently designated as ‘Residential’ and ‘Hazard Lands’
in Schedule ‘D’ – Port Burwell: Land Use and Constraints of the Bayham Official
Plan. The subject property is currently zoned as ‘Village Residential 1 (R1)’ in
Schedule ‘I’ (Port Burwell) of the Bayham Zoning By-law No. Z456-2003.
4. The subject property is located towards the southern limit of Port Burwell and is
surrounded by existing low-rise residential uses, notably one-storey single-
ARCADIS MEMORANDUM
Municipality of Bayham – October 29, 2024
2
detached dwellings. Further south of Pitt Street is Lake Erie. The subject property
is also within proximity of a range commercial, recreational and institutional uses
being within the Village of Port Burwell.
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.
It is our opinion that the proposed variance for an increased Maximum Lot
Coverage of 32.5% to facilitate the construction of a one-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 with an
enclosed front porch, 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 purposes 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 10.6 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 32.5% 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 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
ARCADIS MEMORANDUM
Municipality of Bayham – October 29, 2024
3
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 that the minimum setbacks are met.
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 2.5% 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 2.5% 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 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.
As previously mentioned, the subject property is within the ‘Hazard Lands’
designation associated with the LPRCA regulation limit. An LPRCA Permit
(#LPRCA-164/24) was successfully issued to owner for the construction of the
proposed dwelling prior to the proposed enclosed front porch. As such, to ensure the proposed addition of an enclosed front porch has no negative impacts to the
subject property and adjacent lots, Arcadis is recommending that as a Condition
of Approval, the owner receives updated written approval from LPRCA.
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 Coverage of 32.5%,
whereas Section 10.6 of the Zoning By-law requires a Maximum Building
Coverage of 30%, subject to the following condition:
ARCADIS MEMORANDUM
Municipality of Bayham – October 29, 2024
4
a) That the owner receives written approval from the Long Point Region Conservation Authority (LPRCA) for the proposed single-detached dwelling with an enclosed front porch within the LPRCA Regulation Limit.
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc.
Christian Tsimenidis, BES Consulting Planner to the Municipality of Bayham