HomeMy WebLinkAboutDecember 19, 2024 - Planning - Committee of AdjustmentTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COMMITTEE OF ADJUSTMENT AGENDA
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
Thursday, December 19, 2024
6:45 p.m.
A. Minor Variance Application A-23/24 Augustine 57873 Carson Line
The December 19, 2024 Committee of Adjustment Meeting will allow for a
hybrid meeting function. You may attend in person or virtually through
the live-stream on the Municipality of Bayham’s YouTube Channel
1. CALL TO ORDER
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
3. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Committee of Adjustment Meeting held November 6, 2024
4. APPLICATION
A. Minor Variance Application A-23/24 Augustine 57873 Carson Line
THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations for
the development of a detached accessory building for an Additional Residential Unit (ARU),
seeking relief from the following provisions:
• Section 4.59.e) to permit an ARU with a Maximum Gross Floor Area that is 61.5%
(116.0 m2 or 1,248.6 ft2 in size) of the primary dwelling unit (188.8 m2 or 2,032.2 ft2 in
size), whereas 40% (75.5 m2 or 812.9 ft2) is required; and,
• Section 4.59.f) to permit an ARU that is located 75.0 metres (246.1 ft) from the
primary dwelling unit, whereas 40.0 metres (131.2 ft) is required.
The subject property is known as 57873 Carson Line, south side, and west of Plank Road.
THE EFFECT of this variance will be to facilitate the development a detached accessory building
for an ARU that exceeds the maximum permitted floor area and the maximum distance from the
primary dwelling unit.
5. STAFF PRESENTATION
A. Report DS-87/24 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-23/24
Augustine 57873 Carson Line
6. PRESENTATIONS BY APPLICANT/AGENT
7. PUBLIC SUBMISSIONS
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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
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
A-23/24 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM APPLICANT: RYAN AND ADRIENNE AUGUSTINE LOCATION: 57873 CARSON LINE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (A-23/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on December 19th, 2024, at 6:45 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 detached accessory building for an Additional Residential Unit (ARU), seeking relief from the following provisions:
• Section 4.59.e) to permit an ARU with a Maximum Gross Floor Area that is 61.5% (116.0 m2 or 1,248.6 ft2 in size) of the primary dwelling unit (188.8 m2 or 2,032.2 ft2 in size),
whereas 40% (75.5 m2 or 812.9 ft2) is required; and,
• Section 4.59.f) to permit an ARU that is located 75.0 metres (246.1 ft) from the primary
dwelling unit, whereas 40.0 metres (131.2 ft) is required.
The subject property is known as 57873 Carson Line, south side, and west of Plank Road.
THE EFFECT of this variance will be to facilitate the development a detached accessory building
for an ARU that exceeds the maximum permitted floor area and the maximum distance from the primary dwelling unit.
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 December 19th, 2024, to be provided to the Committee of Adjustment prior to the meeting.
IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by contacting the Municipal Office.
Dated at the Municipality of Bayham this 9th day of December 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
REPORT
DEVELOPMENT SERVICES
TO: Committee of Adjustment Members
FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment
DATE: December 19, 2024
REPORT: DS-87/24 FILE NO. C-07 / D12.AUGU
Roll # 34-01-000-006-11600 SUBJECT: Committee of Adjustment Minor Variance A-23/24 Augustine
57873 Carson Line, Eden
BACKGROUND
Owners Ryan and Adrienne Augustine have submitted a minor variance application for their
property located at 57873 Carson Line, south side, west of Plank Road.
The subject lands are currently designated as ‘Agriculture’ and ‘Natural Heritage’ in Schedule
‘A1’: Land Use of the Bayham Official Plan. The subject lands are also designated ‘Hazard
Lands’ on Schedule ‘A2’: Constraints of the Bayham Official Plan. The subject property is
currently zoned as ‘Agricultural (A1)’ with the ‘LPRCA Regulation Limit’ overlay in Schedule ‘A’,
Map No. 3 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 detached accessory building for an Additional Residential Unit (ARU),
seeking relief from the following provisions:
Section 4.59.e) to permit an ARU with a Maximum Gross Floor Area that is 61.5 percent
(116.0 m2 or 1,248.6 ft2 in size) of the primary dwelling unit (188.8 m2 or 2,032.2 ft2 in
size), whereas 40 percent (75.5 m2 or 812.9 ft2) is required; and,
Section 4.59.f) to permit an ARU that is located 75.0 metres (246.1 ft.) from the primary
dwelling unit, whereas 40.0 metres (131.2 ft.) is required.
The effect of this variance will be to facilitate the development a detached accessory building for
an ARU that exceeds the maximum permitted floor area and the maximum distance from the
primary dwelling unit.
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 December 11, 2024, outlines the full analysis of the four “tests” and the
variances required for compliance.
Staff Report DS-87/24 Augustine
Page 2
Municipal planner and staff concur the application meets the criteria to grant relief from Section
4.59 e) to permit an ARU with a Maximum Gross Floor Area that is 61.5 percent (116.0 m2 or
1,248.6 ft2 in size) of the primary dwelling unit and Section 4.59 f) to permit an ARU that is
located 75.0 metres (246.1 ft.) from the primary dwelling unit.
STRATEGIC PLAN
Not applicable.
ATTACHMENTS
1. Application for Minor Variance A-23/24 Augustine
2. Arcadis Memorandum, dated December 11, 2024
RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-87/24 regarding
the Augustine 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-23/24 submitted by Ryan and Adrienne Augustine 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 4.59.e) to permit an ARU with a Maximum Gross Floor Area that is
61.5 percent (116.0 m2 or 1,248.6 ft2 in size) of the primary dwelling unit
(188.8 m2 or 2,032.2 ft2 in size), whereas 40 percent (75.5 m2 or 812.9 ft2)
is required; and,
Section 4.59.f) to permit an ARU that is located 75.0 metres (246.1 ft.) from
the primary dwelling unit, whereas 40.0 metres (131.2 ft.) is required.
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 December 11, 2024
From Christian Tsimenidis, BES Project No 3404 - 972
cc
Subject Ryan and Adrienne Augustine - Application for Minor Variance
A-23/24 to Zoning By-law #Z456-2003 - 57873 Carson Line
Background
1. Arcadis has completed a review of Minor Variance application A-23/24, submitted
by Ryan and Adrienne Augustine, owners of the subject property located at 57873
Carson Line, south side, west of Plank Road. The application is requesting two
(2) Minor Variances under Section 45 of the Planning Act for the development of
a detached accessory building for an Additional Residential Unit (ARU), seeking
relief from the following provisions:
• Section 4.59.e) to permit an ARU with a Maximum Gross Floor Area that
is 61.5% (116.0 m2 or 1,248.6 ft2 in size) of the primary dwelling unit
(188.8 m2 or 2,032.2 ft2 in size), whereas 40% (75.5 m2 or 812.9 ft2) is
required; and,
• Section 4.59.f) to permit an ARU that is located 75.0 metres (246.1 ft)
from the primary dwelling unit, whereas 40.0 metres (131.2 ft) is
required.
2. The overall intent of this application is to facilitate the development a detached
accessory building for an ARU that exceeds the maximum permitted floor area
and the maximum distance from the primary dwelling unit in the Zoning By-law.
3. The subject lands are currently designated as ‘Agriculture’ and ‘Natural Heritage’
in Schedule ‘A1’: Land Use of the Bayham Official Plan. The subject lands are
also designated ‘Hazard Lands’ on Schedule ‘A2’: Constraints of the Bayham
Official Plan. The subject property is currently zoned as ‘Agricultural (A1)’ with the
‘LPRCA Regulation Limit’ overlay in Schedule ‘A’, Map No. 3 of the Bayham
Zoning By-law No. Z456-2003.
Subject Property and Surrounding Area
4. The subject property has a lot area of 28 hectares (69.2 acres), lot frontage of
approximately 250.0 metres (820.2 feet), and estimated lot depth of 1,015 metres
ARCADIS MEMORANDUM
Municipality of Bayham – December 11, 2024
2
(3,330.1 feet). The subject property is currently utilized for agricultural purposes.
An existing two-storey single-detached dwelling is located on the subject property
to remain as it exists today. Further, three (3) barns / farm buildings are located
on the subject property, as well as a storage shed. All existing buildings and/or
structures will remain unaltered as a result of this Minor Variance.
5. The subject property currently has access along Carson Line. The existing access
will remain as it exists today. The subject property is currently serviced by private
well and septic services that are utilized by the existing single-detached dwelling.
The proposed detached ARU will require a connection to private servicing, which
will be addressed as the future Building Permit Application stage.
6. The northern, western and southern portion of the subject property are traversed
by natural heritage features that are identified in the Official Plan. Further, the
portions of the subject property are regulated by the Long Point Region
Conservation Authority. The proposed detached ARU is located outside of these
natural heritage features and regulated areas.
7. The subject property is surrounded by agricultural lands, as well as natural
heritage features. The subject property is also within proximity of existing rural
residential lots along Carson Line to the east and west.
Planning Analysis
8. 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 ‘Agricultural’ land use designation is intended to encourage and support all
types, sizes, and intensities of agricultural uses and normal farm practices in order
to exhibit and maintain characteristics of ongoing agricultural uses. Further,
secondary uses and agriculture-related uses developed within the ‘Agricultural’
land use designation shall be compatible with agricultural uses and not contribute
to land use conflicts.
As per Section 4.7.1 of the Official Plan, the proposed detached ARU is a
permitted use and would be serviced by private well and septic servicing at the
time of the future Building Permit Application. The proposed Maximum Gross
Floor Area of 61.5% relative to the existing primary dwelling will maintain the
general form and character of the low-rise residential uses on the subject property
and surrounding area.
The proposed location of the one-storey detached accessory building for an ARU
would not contribute to land use conflicts with agricultural practices on the subject
property or within the surrounding area, as it would be located outside of the
cultivated area and on an area already disturbed on the subject lands. The
ARCADIS MEMORANDUM
Municipality of Bayham – December 11, 2024
3
proposed location of the detached ARU is also in-keeping with the ‘Natural
Heritage’ and ‘Hazard Lands’ designation, being that the proposed detached ARU
will be located outside of these regulated lands, thus protecting public health and
safety for a sensitive use.
Therefore, it is our opinion that the proposed variances maintain the general intent
and purposes of the Bayham Official Plan.
Do the variances maintain the general intent and purpose of the Zoning By-law?
Variance #1: To permit an ARU with a Maximum Gross Floor Area that is 61.5%
(116.0 m2 or 1,248.6 ft2 in size) of the primary dwelling unit (188.8 m2 or 2,032.2
ft2 in size), whereas 40% (75.5 m2 or 812.9 ft2) is required.
The intent of this regulation is to ensure an ARU remains smaller and subordinate
to the primary dwelling in order to maintain its accessory nature. It is our opinion
that the proposed size of the ARU is appropriate and meets the general intent and
purpose of the Zoning By-law, as the ARU will still be smaller and subordinate to
the primary dwelling. In other words, the ARU remains accessory to the primary
dwelling unit, as it will not dominate the existing primary dwelling unit on the
subject property.
Therefore, it is our opinion that the proposed variance meets the general intent
and purpose of the Zoning By-law.
Variance #2: To permit an ARU that is located 75.0 metres (246.1 ft) from the
primary dwelling unit, whereas 40.0 metres (131.2 ft) is required.
The intent of this regulation is to ensure the proposed ARU is located within close
proximity of the existing buildings/structures on the subject property. It is our
opinion that the proposed location is appropriate and meets the general intent and
purpose of the Zoning By-law, as the proposed location of the ARU is necessary
to avoid the cultivated agricultural lands, as well as the ‘Natural Heritage’ and
‘Hazard Lands’ designation for public health and safety. The 35.0 metre
exceedance will allow the proposed ARU to make use of an existing disturbed
area on the subject lands to protects the existing agricultural lands and natural
heritage features, as directed by Provincial policy and the Official Plan.
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
Maximum Floor Area of 61.5% relative to the primary dwelling, as well as the 75.0
metre separation from the primary dwelling will maintain compatibility with
agricultural uses and will not contribute to land use conflicts with adjacent
ARCADIS MEMORANDUM
Municipality of Bayham – December 11, 2024
4
properties. The overall proposed siting, scale and orientation of the proposed
ARU is designed to respect the existing and surrounding properties.
As such, it is our opinion that the proposed Maximum Floor Area and distance
from the primary dwelling is designed to respect the existing area and is minor in
nature.
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 detached
ARU on the subject property which is permitted in the Official Plan and Zoning
By-law. The proposed location relative to the primary dwelling is appropriate, as
it is located outside of the regulated ‘Hazard Lands’ and will not have any adverse
impacts to the existing agricultural lands on the subject property.
Therefore, it is our opinion that the proposed scale, design, siting, and orientation
of the detached ARU are complementary to the existing site and surrounding area
and can therefore be considered desirable for the appropriate development or use
of the land.
Conclusions and Recommendations
9. Based on our review of this application and the four (4) tests for a Minor
Variance, we have no objection to the proposed Minor Variance Application for
the development of a detached accessory building for an ARU, seeking relief
from the following provisions:
• Section 4.59.e) to permit an ARU with a Maximum Gross Floor Area that
is 61.5% (116.0 m2 or 1,248.6 ft2 in size) of the primary dwelling unit
(188.8 m2 or 2,032.2 ft2 in size), whereas 40% (75.5 m2 or 812.9 ft2) is
required; and,
• Section 4.59.f) to permit an ARU that is located 75.0 metres (246.1 ft)
from the primary dwelling unit, whereas 40.0 metres (131.2 ft) is
required.
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc.
Christian Tsimenidis, BES
Consulting Planner to the Municipality of Bayham