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HomeMy WebLinkAboutFebruary 06, 2025 - 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, February 6, 2025 6:45 p.m. A. Minor Variance Application A-01/25 Heimbuch, 4920 Plank Road The February 6, 2025 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 December 19, 2024 4. APPLICATION A. Minor Variance Application A-01/25 Heimbuch, 4920 Plank Road THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations for the development of a new accessory building on the subject property located at 4920 Plank Road, north of Glen Erie Line and south of Tunnel Line and the village of Vienna: • Section 4.2 f) ii) to permit a Maximum Total Floor Area of 321 m2, whereas 200.0 m2 is permitted for non-agricultural accessory uses on a property of 0.4ha or more, zoned Agricultural. THE EFFECT of this variance is to permit an increased Floor Area for a new accessory building (workshop) for the purpose of running a home business providing home renovations and woodworking. 5. STAFF PRESENTATION A. Report DS-05/25 by Margaret Underhill, Secretary/Treasurer re Minor Variance A-01/25 Heimbuch, 4920 Plank Road 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, 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 was held using hybrid technologies via Zoom and livestreamed on YouTube. COMMITTEE MEMBERS PRESENT: ED KETCHABAW RAINEY WEISLER DAN FROESE *via Zoom SUSAN CHILCOTT TIMOTHY EMERSON STAFF PRESENT: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL PUBLIC ATTENDEES A: ADRIENNE AUGUSTINE 1. CALL TO ORDER Chair Ketchabaw called the meeting to order at 6:45 pm. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest declared. 3. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Committee of Adjustment Meeting held November 6, 2024 Moved by: Committee Member Weisler Seconded by: Committee Member Emerson THAT the minutes from the Committee of Adjustment Meeting held November 6, 2024 be approved as presented. CARRIED 2 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 The applicant spoke to summarize the application and advised that she spoke with all neighbouring properties with no concerns noted. 7. PUBLIC SUBMISSIONS No public submissions. 8. COMMITTEE QUESTIONS AND DISCUSSION No questions. 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-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; 3 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. CARRIED 10. ADJOURNMENT Moved by: Committee Member Chilcott Seconded by: Committee Member Emerson THAT the Committee of Adjustment Meeting for consideration of Minor Variance Application A- 23/24 be adjourned at 6:55 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 CAO-01/25 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: BOB HEIMBUCH LOCATION: 4920 PLANK ROAD TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (COA-01/25). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on February 6th, 2025 at 6:45pm 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 accessory building on the subject property located at 4920 Plank Road, north of Glen Erie Line and south of Tunnel Line and the village of Vienna: • Section 4.2 f) ii) to permit a Maximum Total Floor Area of 321 m2, whereas 200.0 m2 is permitted for non-agricultural accessory uses on a property of 0.4ha or more, zoned Agricultural. THE EFFECT of this variance is to permit an increased Floor Area for a new accessory building (workshop) for the purpose of running a home business providing home renovations and woodworking. 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 January 31st, 2025 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 23rd day of January, 2025. 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: February 6, 2025 REPORT: DS-05/25 FILE NO. C-07 / D12.HEIM Roll # 34-01-000-001-09705 SUBJECT: Committee of Adjustment Minor Variance COA-01/25 Heimbuch 4920 Plank Road, Vienna BACKGROUND Owner Bob Heimbuch has submitted a minor variance application for his property located at 4920 Plank Road near the village of Vienna, north of Port Burwell. The subject property is currently designated as ‘Agricultural’ in Schedule ‘A1’ – Municipality of Bayham Land Use, of the Bayham Official Plan.The subject property is currently zoned as Agricultural (A1) in the Bayham Zoning By-law No. Z456-2003. The subject property has a lot area of approximately 1.78 hectares (4.40 acres); a frontage of approximately 116 metres; and a lot depth of approximately 175 metres (574 feet). The subject property is located along the south side of Plank Road between Teall Nevill Road and Glen Erie Line, to the south of the village of Vienna. The subject property is next to an agricultural processing facility to the east; a wooded area abutting a water course to the north side of Plank Road; and surrounded by agricultural lands to the south and west. The purpose of this variance is to grant relief from the following Zoning By-law regulations for the development of a new accessory building on the subject property:  Section 4.2 f) ii) to permit a Maximum Total Floor Area of 321 m2, whereas 200.0 m2 is permitted for non-agricultural accessory uses on a property of 0.4ha or more, zoned Agricultural. The effect of this variance is to permit an increased Floor Area for a new accessory building (workshop) for the purpose of running a home business providing home renovations and woodworking permitted under the A1 Zone – being an “On-Farm Diversified Use”, specifically “Home Industry”. Staff Report DS-05/25 Heimbuch Page 2 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 January 27, 2025, outlines the full analysis of the four “tests” and the variances required for compliance. The municipal planner and staff concur the application meets the criteria to grant relief from the Zoning By-law Section 4.2 f) ii) to permit the construction of a new accessory building. STRATEGIC PLAN Not applicable. ATTACHMENTS 1. Application for Minor Variance COA-01/25 Heimbuch 2. Arcadis Memorandum, dated January 27, 2025 3. Southwestern Public Health correspondence, dated January 23, 2025 RECOMMENDATION THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-05/25 regarding the Heimbuch 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 COA-01/25 submitted by Bob Heimbuch pursuant to Section 45 of the Planning Act for a minor variance, is granted to allow relief from the following Municipality of Bayham Zoning By-law No. Z456-2003 regulations for the construction of a new accessory building:  Section 4.2 f) ii) to permit a Maximum Total Floor Area of 321 m2, whereas 200.0 m2 is permitted for non-agricultural accessory uses on an Agricultural zoned property of 0.4 hectares or more. Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Secretary/Treasurer Committee of Adjustment Chief Administrative Officer 101-410 Albert Street Waterloo, ON, N2L 3V3 Memorandum To/Attention Municipality of Bayham Date January 27th, 2025 From Dave Barrett, RPP, MCIP Project No 3404 - 976 cc Subject Bob Heimbuch - Application for Minor Variance to Zoning By- law #Z456-2003 - 4920 Plank Road, Vienna Background 1. Arcadis has completed a review of Minor Variance application COA-01/25, submitted by Bob Heimbuch for the subject property located at 4920 Plank Road near the Village of Vienna. The application is requesting one (1) Minor Variance under Section 45 of the Planning Act to develop a new accessory building, granting relief from the following Zoning By-law regulation: • Section 4.2 f) ii) to permit a Maximum Total Floor Area of 321 m², whereas 200.0 m² is permitted for non-agricultural accessory uses on a property of 0.4ha or more, zoned Agricultural. 2. The application also requested a Minor Variance requesting relief from the maximum building height in Section 4.2 g). However, the new accessory building as proposed complies with the maximum building height regulation so no additional relief is required. Subject Property and Surrounding Area 3. The subject property is currently designated as ‘Agricultural’ in Schedule ‘A1’ – Municipality of Bayham Land Use, of the Bayham Official Plan. The subject property is currently zoned as Agricultural (A1) in the Bayham Zoning By-law No. Z456-2003. The subject property has a lot area of approximately 1.78 hectares (4.40 acres); a frontage of approximately 116 metres; and a lot depth of approximately 175 metres (574 feet). The subject property is located along the south side of Plank Road between Teall Nevill Road and Glen Erie Line, to the south of the village of Vienna. The subject property is next to an agricultural processing facility to the east; a wooded area abutting a water course to the north side of Plank Road; and surrounded by agricultural lands to the south and west. Planning Analysis ARCADIS MEMORANDUM Municipality of Bayham – January 27, 2025 2 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 ‘Agricultural’ land use designation is intended for farming purposes and ongoing agricultural uses. Secondary uses, such as surplus farm dwellings on separate lots and On-Farm Diversified uses are also permitted provided they are compatible with agricultural uses and do not contribute to land use conflicts. The proposed accessory building is a permitted secondary use that will not reduce any agricultural land use or cause conflict. Therefore, it is our opinion that the proposed variance maintains the general intent and purposes of the Bayham Official Plan. Do the variances maintain the general intent and purpose of the Zoning By-law? The intent of Section 4.2f)ii) is to limit the area of non-agricultural accessory buildings on a property zoned Agricultural. It is Arcadis’s opinion that the proposed total of 321 m² meets the intent and purpose of the Zoning By-law. The proposed new building will replace an existing building that is in dis-repair within an existing cluster of buildings and structures. Although the new building will be slightly larger than the existing building, the new building is under 200 m². It is the total of all accessory buildings, including the existing garage and existing garden shed that serve different purposes on the property, that combine to a total greater than 200 m². 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 Arcadis’s opinion that the requested variance is minor in nature, as the proposed Maximum Total Floor Area of Accessory will not present significant impacts to the Lot Coverage, being less than 2%. As such, it is Arcadis’s opinion that the proposed floor area relative, to the existing structures and size of the property, as well as the size of buildings on the abutting property; 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 variance is desirable for the appropriate development or use of the land, as it will facilitate the construction of a new ARCADIS MEMORANDUM Municipality of Bayham – January 27, 2025 3 accessory use providing a potential home industry on the subject property which is permitted in the Official Plan and Zoning By-law. All other requirements of the Zoning By-Law have been met. . Conclusions and Recommendations 5. Based on our review of this minor variance application, Arcadis has no objection to the proposed minor variance to provide relief from the following Zoning By-law regulations for the construction of a new accessory building: • Section 4.2 f) ii) to permit a Maximum Total Floor Area of 321 m², whereas 200.0 m² is permitted for non-agricultural accessory uses on a property of 0.4ha or more, zoned Agricultural. Dave Barrett Arcadis Professional Services (Canada) Inc. Dave Barrett, RPP, MCIP Consulting Planner to the Municipality of Bayham www.swpublichealth.ca St. Thomas Site Administrative Office 1230 Talbot Street St. Thomas, ON N5P 1G9 Woodstock Site 410 Buller Street Woodstock, ON N4S 4N2 January 23, 2025 Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville ON N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 munderhill@bayham.on.ca Dear; Margaret Underhill RE: Minor Variance COA-01/25 Heimbuch 4920 Plank Road This letter acknowledges receipt of the Minor Variance COA-01/25 Heimbuch 4920 Plank Road January 31, 2025, with reference to the above premises/property. Public Health reviews these applications using the best available evidence regarding land use planning, zoning, and health protection. A review of the application provides the following: ( ) 1. The application contains information that Public Health is not able to comment on. ( X ) 2. Public Health has no objection to the content of the application as it currently stands. ( ) 3. Public Health provides the attached letter for comments on the application. Please note that items marked with an “X” are applicable to this application as it currently stands. Should there be amendments to the application, please forward them to Public Health for further assessment. Sincerely, Renee McVicar Robert Northcott Public Health Inspector Health Promoter Environmental Health Built Environment and Healthy Public Policy JF, JL; am Disclaimer: These comments are provided by Southwestern Public Health (SWPH) at the request of the municipality with the decision-making power over this land use planning/zoning application. SWPH is not a decision maker on this application and its comments are made solely with regard to SWPH’s role as a public body with an interest in the potential public health impacts of this application and for no other purpose.