HomeMy WebLinkAboutNovember 06, 2024 - Planning - Committee of Adjustment - DRAFT
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COMMITTEE OF ADJUSTMENT MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
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 was held using hybrid
technologies via Zoom and livestreamed on YouTube.
COMMITTEE MEMBERS PRESENT: ED KETCHABAW
RAINEY WEISLER
DAN FROESE
SUSAN CHILCOTT *via Zoom
TIMOTHY EMERSON
STAFF PRESENT:
CAO THOMAS THAYER *via Zoom
CLERK MEAGAN ELLIOTT
SECRETARY/TREASURER MARGARET UNDERHILL
PLANNER CHRISTIAN TSIMENIDIS *via Zoom
PUBLIC ATTENDEES A: WENDY CARMICHAEL *via Zoom
PUBLIC ATTENDEES B: N/A
PUBLIC ATTENDEES C: N/A
PUBLIC ATTENDEES D: N/A
PUBLIC ATTENDEES E: N/A
1. CALL TO ORDER
Chair Ketchabaw called the meeting to order at 6:30 pm.
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 19, 2024
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Moved by: Committee Member Weisler
Seconded by: Committee Member Emerson
THAT the minutes from the Committee of Adjustment Meeting held September 19, 2024 be
approved as presented.
CARRIED
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.
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
6. PRESENTATIONS BY APPLICANT/AGENT
No presentations.
7. PUBLIC SUBMISSIONS
Rick and Deb Marlatt submitted an email on November 4, 2024 in opposition of the application.
Brigette Clark-Carmichael submitted an email on November 5, 2024 in opposition of the
application.
Wendy Carmichael submitted an email on November 6, 2024 in opposition of the application.
Wendy Carmichael spoke virtually in opposition of the application noting concerns of safety and
drainage.
8. COMMITTEE QUESTIONS AND DISCUSSION
Committee members asked clarifying questions surrounding concerns of safety, drainage and
reasoning for the application. M. Underhill confirmed that a grading plan has been submitted and
approved by the Chief Building Official and that because there is an additional unit within the
home, 3 parking spaces are required.
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9. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Froese
Seconded by: Committee Member Chilcott
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.
CARRIED
10. APPLICATION
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.
11. STAFF PRESENTATION
B. Report DS-79/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-19/24
1000381098 Ontario Inc. (Wall) 11 Oak Street
12. PRESENTATIONS BY APPLICANT/AGENT
No presentations.
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13. PUBLIC SUBMISSIONS
Brigette Clark-Carmichael submitted an email on November 5, 2024 in opposition of the
application.
Wendy Carmichael submitted an email on November 6, 2024 in opposition of the application.
14. COMMITTEE QUESTIONS AND DISCUSSION
The Chair noted this is the same as the previous application and safety concerns are outside of
the Planning Act.
15. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Emerson
Seconded by: Committee Member Froese
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.
CARRIED
16. APPLICATION
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
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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.
17. STAFF PRESENTATION
C. Report DS-80/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-20/24
Rempel Friesen 56226 Heritage Line
18. PRESENTATIONS BY APPLICANT/AGENT
No presentations.
19. PUBLIC SUBMISSIONS
No submissions.
20. COMMITTEE QUESTIONS AND DISCUSSION
No questions.
21. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Emerson
Seconded by: Committee Member Froese
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:
• 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
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• 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.
CARRIED
22. APPLICATION
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.
23. STAFF PRESENTATION
D. Report DS-81/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-21/24
Schmitt 54180 Eden Line
24. PRESENTATIONS BY APPLICANT/AGENT
No presentations.
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25. PUBLIC SUBMISSIONS
No submissions.
26. COMMITTEE QUESTIONS AND DISCUSSION
Chair Ketchabaw confirmed with M. Underhill that the access is from Eden Line.
27. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Weisler
Seconded by: Committee Member Chilcott
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.
CARRIED
28. APPLICATION
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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29. STAFF PRESENTATION
E. Report DS-82/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-22/24 Gurd
43 Pitt Street
30. PRESENTATIONS BY APPLICANT/AGENT
No presentations.
31. PUBLIC SUBMISSIONS
George Moore submitted comments via voicemail on October 30, 2024 in support of the
application.
Martyn Camper and Joy Freeman submitted an email on November 6, 2024 in support of the
application.
32. COMMITTEE QUESTIONS AND DISCUSSION
No questions.
33. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Emerson
Seconded by: Committee Member Chilcott
THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-82/24 regarding the Gurd
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.
CARRIED
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34. ADJOURNMENT
Moved by: Committee Member Weisler
Seconded by: Committee Member Chilcott
THAT the Committee of Adjustment Meeting for consideration of Minor Variance Applications A-
18/24, A-19/24, A-20/24, A-21/24 and A-22/24 be adjourned at 7:08 p.m.;
AND THAT in accordance with the regulations of the Planning Act, Notices of Decision be
circulated by the Secretary-Treasurer accordingly.
CARRIED
DATE: ___________________
CHAIRPERSON SECRETARY TREASURER