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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. 2 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. 3 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 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 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