HomeMy WebLinkAboutMarch 20, 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, March 20, 2025
6:45 p.m.
A. Minor Variance Application COA-04/25 Hiebert, 9215 & 9217 Alward Street
B. Minor Variance Application COA-05/25 Driedger, Hiebert and Schmitt, 9311 Richmond
Road
The March 20, 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 February 6, 2025
4. APPLICATION
A. Minor Variance Application COA-04/25 Hiebert, 9215 & 9217 Alward Street
THE PURPOSE of this variance is to permit a Minimum Lot Area of 680.3 m2 for the proposed
Retained Lot (Parcel ‘B’), whereas Section 10.3 of the Zoning By-law requires a Minimum Lot
Area of 695.0 m2 for lots with semi-detached dwelling units where no public water or sanitary
servicing is available. The subject lands are located at 9215 / 9217 Alward Street, south side,
south of Heritage Line in the village of Straffordville.
THE EFFECT of this variance is to permit a reduced Minimum Lot Area of 680.3 m2 for the
proposed Retained Lot (Parcel ‘B’) in order to clear the Consent Conditions of Approval for Elgin
Land Division Committee file number E5-25 that was Conditionally Approved on January 22,
2025. One unit of the existing semi-detached dwelling will remain on the proposed Retained Lot
and one unit on the proposed Severed lot.
B. Minor Variance Application COA-05/25 Driedger, Hiebert and Schmitt, 9311 Richmond
Road
THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations for
the conversion of an existing shop building to a single-detached dwelling on the subject property
located at 9311 Richmond Road, west side, south of Heritage Line in the Hamlet of Richmond:
1) Section 9.7 to permit a Maximum Floor Area for Accessory uses of 170 square metres,
whereas 75.0 square metres is required, and;
2) Section 9.8 to permit a Front Yard Depth of 6.1 metres; whereas 7.0 metres is required.
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THE EFFECT of this variance is to permit an existing building to be converted into a single
detached dwelling that is permitted in the Hamlet Residential (HR) Zone.
5. STAFF PRESENTATION
A. Report DS-13/25 by Margaret Underhill, Secretary/Treasurer re Minor Variance COA-04/25
Hiebert, 9215 & 9217 Alward Street
B. Report DS-14/25 by Margaret Underhill, Secretary/Treasurer re Minor Variance COA-05/25
Driedger, Hiebert Schmitt, 9311 Richmond 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, 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 was held using hybrid
technologies via Zoom and livestreamed on YouTube.
COMMITTEE MEMBERS PRESENT: ED KETCHABAW
RAINEY WEISLER
DAN FROESE *via Zoom
TIMOTHY EMERSON
ABSENT: SUSAN CHILCOTT
STAFF PRESENT:
CAO THOMAS THAYER
CLERK MEAGAN ELLIOTT
PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL
TREASURER LORNE JAMES
FIRE CHIEF HARRY BARANIK
PUBLIC ATTENDEES A: N/A
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 December 19, 2024
Moved by: Committee Member Weisler
Seconded by: Committee Member Emerson
THAT the minutes from the Committee of Adjustment Meeting held December 19, 2024 be
approved as presented.
CARRIED
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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
No presentations.
7. PUBLIC SUBMISSIONS
No public submissions.
8. COMMITTEE QUESTIONS AND DISCUSSION
No questions.
9. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Emerson
Seconded by: Committee Member Weisler
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 A-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
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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.
CARRIED
10. ADJOURNMENT
Moved by: Committee Member Weisler
Seconded by: Committee Member Emerson
THAT the Committee of Adjustment Meeting for consideration of Minor Variance Application A-
01/25 be adjourned at 6:51 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
COA-04/25 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM APPLICANT: PETER AND AGATHA HIEBERT LOCATION: 9215 & 9217 ALWARD STREET, STRAFFORDVILLE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (COA-04/25).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on March 20, 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 permit a Minimum Lot Area of 680.3 m2 for the proposed Retained Lot (Parcel ‘B’), whereas Section 10.3 of the Zoning By-law requires a Minimum Lot Area of 695.0 m2 for lots with semi-detached dwelling units where no public water or sanitary servicing is
available. The subject lands are located at 9215 / 9217 Alward Street, south side, south of Heritage Line in the village of Straffordville. THE EFFECT of this variance is to permit a reduced Minimum Lot Area of 680.3 m2 for the proposed Retained Lot (Parcel ‘B’) in order to clear the Consent Conditions of Approval for Elgin Land Division Committee file number E5-25 that was Conditionally Approved on January 22, 2025. One unit of the existing semi-detached dwelling will remain on the proposed Retained Lot and one unit on the proposed Severed lot. 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 March 14, 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 7th day of March 2025.
Village of Straffordville
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
CAO-05/25 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM APPLICANT: PETER DRIEDGER, ANNA SCHMITT, PETER & ELENA HIEBERT LOCATION: 9311 RICHMOND ROAD, RICHMOND
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed
Minor Variance (CAO-05/25).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on March 20, 2025, 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 conversion of an existing shop building to a single-detached dwelling on the subject property located
at 9311 Richmond Road, west side, south of Heritage Line in the Hamlet of Richmond: 1) Section 9.7 to permit a Maximum Floor Area for Accessory uses of 170 square metres, whereas 75.0 square metres is required, and; 2) Section 9.8 to permit a Front Yard Depth of 6.1 metres; whereas 7.0 metres is required. THE EFFECT of this variance is to permit an existing building to be converted into a single detached
dwelling that is permitted in the Hamlet Residential (HR) Zone. 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 May 14, 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 10th day of March 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
Hamlet of Richmond
REPORT
DEVELOPMENT SERVICES
TO: Committee of Adjustment Members
FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment
DATE: March 20, 2025
REPORT: DS-13/25 FILE NO. C-07 / D12.HIEB
Roll # 34-01-000-004-03401 SUBJECT: Committee of Adjustment Minor Variance COA-04/25 Hiebert, P & A
9215 / 9217 Alward Street, Straffordville
BACKGROUND
Owners Peter and Agatha Hiebert have submitted a minor variance application for their property
located at 9215/9217 Alward Street, Straffordville.
The subject property is currently designated as ‘Residential’ in Schedule ‘B’’ – Municipality of
Bayham Land Use, of the Bayham Official Plan. The subject property is currently zoned as Village
Residential 1 (R1) in the Bayham Zoning By-law No. Z456-2003 Map No. F Straffordville.
The purpose of this variance is to permit a Minimum Lot Area of 680.3 m2 for the proposed
Retained Lot (Parcel ‘B’), whereas Section 10.3 of the Zoning By-law requires a Minimum Lot
Area of 695.0 m2 for lots with semi-detached dwelling units where no public water or sanitary
servicing is available.
The effect of this variance is to permit a reduced Minimum Lot Area of 680.3 m2 for the
proposed Retained Lot (Parcel ‘B’) in order to clear the Consent Conditions of Approval for Elgin
Land Division Committee file number E5-25 that was Conditionally Approved on January 22,
2025. One unit of the existing semi-detached dwelling will remain on the proposed retained lot
and one unit on the proposed severed lot.
DISCUSSION
Staff Report DS-90/24 regarding the Consent Application E5-25 with the planner’s memorandum,
dated December 11, 2024, was presented and considered on December 19, 2024. Given the
subject property is located within the Village of Straffordville where only municipal sanitary
services are available, the Minimum Lot Area of 695 m2 per lot for a semi-detached dwelling would
apply. The proposed severed lot would meet the Minimum Lot Area requirement; however, the
proposed retained lot would have a deficient lot area of 680.3 m2. The municipal conditions
included the owner obtain approval of a minor variance application to permit a minimum lot area
of 680.3 m2.
Staff Report DS-13/25 Hiebert Page 2
The municipal planner and staff concur the application meets and satisfies the four “tests” of
Planning Act Section 45(1) for a minor variance to the Zoning By-law and satisfies the criteria to
grant relief from the Zoning By-law Section 10.3 Minimum Lot Area to permit the division of a
semi-detached dwelling in to two separate dwelling units.
STRATEGIC PLAN
Not applicable.
ATTACHMENTS
1. Application for Minor Variance COA-04/25 Hiebert, P & A
RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-13/25 regarding
the Hiebert 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-04/25 submitted by Peter and Agatha Hiebert pursuant
to Section 45 of the Planning Act for a minor variance, is granted to allow relief from the
Municipality of Bayham Zoning By-law No. Z456-2003 regulations to clear the consent
condition of approval for Elgin Land Division Committee file number E5-25 Conditionally
Approved on January 22, 2025, as follows:
Section 10.3 Minimum Lot Area to permit a lot area of 680.3 m2 on the
retained parcel, whereas 695 m2 is required for a semi-detached dwelling
unit with municipal sanitary sewage disposal service and no public water
supply.
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC
Secretary/Treasurer Committee of Adjustment Chief Administrative Officer
REPORT
DEVELOPMENT SERVICES
TO: Committee of Adjustment Members
FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment
DATE: March 20, 2025
REPORT: DS-14/25 FILE NO. C-07 / D12.DRIE
Roll # 34-01-000-007-11794 SUBJECT: Committee of Adjustment Minor Variance COA-05/25 Driedger Hiebert Schmitt
9311 Richmond Road, Richmond
BACKGROUND
Owners Peter Driedger, Anna Schmitt, Peter Hiebert, and Elena Hiebert have submitted a minor
variance application for their property located at 9311 Richmond Road, Richmond. The subject
property is currently designated as ‘Hamlets’ in Schedule ‘A1’’ – Municipality of Bayham Land
Use, of the Bayham Official Plan. The subject property is currently zoned as Hamlet Residential
(HR-2) in the Bayham Zoning By-law No. Z456-2003 Schedule ‘E’ Richmond.
The purpose of this variance is to grant relief from the following Zoning By-law regulations for
the conversion of an existing shop building to a single-detached dwelling on the subject property
located at 9311 Richmond Road, west side, south of Heritage Line in the Hamlet of Richmond:
1) Section 9.7 to permit a Maximum Floor Area for an Accessory Building of 170 square
metres, whereas 75.0 square metres is required, and;
2) Section 9.8 to permit a Minimum Front Yard Depth of 6.1 metres; whereas 7.0 metres is
required.
The effect of this variance is to permit an existing building to be converted into a single
detached dwelling and recognize the oversized existing rear workshop as permitted in the
Hamlet Residential (HR) Zone.
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 March 13, 2025, outlines the full analysis of the four “tests” and the
variances required for compliance.
The Owners are planning to convert the workshop to residential use and therefore the building
must comply with the zoning regulations for hamlet residential use. The municipal planner and
staff concur the application meets the criteria to grant relief from the Zoning By-law Section 9.7
Staff Report DS-14/25 Driedger Hiebert
Page 2
Maximum Floor Area for Accessory uses to permit the oversized existing workshop and from
Section 9.8 Minimum Front Yard Depth to recognize an existing deficient depth of 6.1 metres
whereas 7.0 metres is required in the HR Zone.
STRATEGIC PLAN
Not applicable.
ATTACHMENTS
1. Application for Minor Variance COA-04/25 Hiebert, P & A
2. Arcadis Memorandum, dated March 13, 2025
RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-14/25 regarding
the Driedger Hiebert 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 COA-05/25 submitted by Peter Driedger, Anna Schmitt, Peter
Hiebert, and Elena Hiebert pursuant to Section 45 of the Planning Act for a minor
variance, is granted to allow relief from the Municipality of Bayham Zoning By-law No.
Z456-2003 regulations to permit an existing building to be converted into a single
detached dwelling and recognize the existing oversized rear workshop, as follows:
Section 9.7 Maximum Floor Area for an Accessory Building to permit the
existing 170 m2 rear workshop, whereas 75.0 m2 is required; and,
Section 9.8 Minimum Front Yard Depth to recognize the existing 6.1 metres
front yard depth that facilitates the conversion of the workshop to a
residential use.
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 March 13, 2025
From Jeff Henry, MCIP, RPP Project No 30260140 - 987
cc
Subject Peter Driedger & Others - Application for Minor Variance COA-05/25 to Zoning By-law #Z456-2003 9311 Richmond Road
Background
1. Arcadis has completed a review of Minor Variance application COA-05/25,
submitted by Peter Driedger, on behalf of Peter Hiebert, Helena Hiebert and Anna
Schmitt, owners of the subject property located at 9311 Richmond Road in the
Village of Richmond. The application is requesting two (2) Minor Variances under
Section 45 of the Planning Act to develop a convert an existing building to a
dwelling, granting relief from the following Zoning By-law regulations:
• Section 9.7 to permit a Maximum Floor Area for Accessory uses of 170 square metres, whereas 75.0 square metres is required, and;
• Section 9.8 to permit a Front Yard Depth of 6.1 metres; whereas 7.0
metres is required.
Subject Property and Surrounding Area
2. The subject property has a lot area of 2,480 m2 (26695 ft2) and a maximum lot
depth of 92 metres (304 feet). The subject property has access from Richmond
Road with a lot frontage of approximately 23 metres (79 feet). The subject
property consists of a two-storey building currently used as a workshop, with a
detached accessory workshop, both to remain. The subject property is currently
serviced by a Public water system and Private Tile Field Sanitary servicing.
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-2)’ in Schedule ‘E’ (Richmond) of the Bayham Zoning
By-law No. Z456-2003.
4. The subject property is located towards on the south-west side of the intersection
of Heritage Line and Richmond Road; and is surrounded by existing low-rise
ARCADIS MEMORANDUM
Municipality of Bayham – March 13, 2025
2
residential uses, notably one and two-storey single-detached dwellings. Further
to the rear of the 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 conversion of a
building currently used as a workshop to a residential dwelling will maintain the
general intent and purpose of the Official Plan and would be a complementary to
the existing surrounding single-detached properties. It is our opinion that the
proposed conversion will 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 Maximum Floor Area for Accessory uses of 170 square metres.
The intent and purpose of Section 9.7 of the Zoning By-law is to ensure accessory
buildings remain in keeping and to scale with the primary residential uses.
It is our opinion that the proposed variance for an increased floor area for the
existing accessory use meets the general intent and purpose of the Zoning By-
law; as its location at the rear of the property does not present significant impacts
from the streetscape, adjacent lot to the north or south, and the surrounding area.
The existing building at the front of the property also provides a sufficient visual
buffer between Richmond Road and the existing accessory building to minimize
visual impacts from the streetscape.
Therefore, it is our opinion that the proposed variance meets the general intent
and purpose of the Zoning By-law.
ARCADIS MEMORANDUM
Municipality of Bayham – March 13, 2025
3
Variance #2: To permit a Front Yard Depth of 6.1 metes
The intent and purpose of Section 9.8 of the Zoning By-law is to maintain a
consistent streetscape with sufficient yard to support drainage and landscaping.
The applicant is proposing to convert an existing building and so the front yard
depth is an existing condition. The required Front Yard Depth in a HR Zone is 7.0
metres. Many other existing properties in the village of Richmond do not meet the
required setback, with the building on the adjacent property to the northeast
providing a similar front yard depth and buildings across Richmond Road
providing a much smaller front yard depth. Although this does not mean the
requirement should be disregarded; it does show that the existing property was
built to similar setbacks and is in keeping with the surrounding existing properties.
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 existing
building being closer to the front lot line than the required setbacks in Section 9.8
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
existing accessory building is located at the rear of the property to be less
imposing and respect the existing and surrounding properties.
As such, it is Arcadis’s opinion that the proposed variances are minor in nature
and are 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 conversion of an existing
shop to a residential use on the subject property, which is permitted in the Official
Plan and Zoning By-law. The location of the building in the front yard, being closer
to the front lot line than the required setbacks in Sections 9.8 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 building also blocks most of the
accessory building from view of the street, which minimizes its impact from the
streetscape.
Therefore, Arcadis is of the opinion that the proposed shop conversion is
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
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:
ARCADIS MEMORANDUM
Municipality of Bayham – March 13, 2025
4
• Section 9.7 to permit a Maximum Floor Area for Accessory uses of 170 square metres, whereas 75.0 square metres is required, and;
• Section 9.8 to permit a Front Yard Depth of 6.1 metres; whereas 7.0
metres is required.
Jeff Henry
Arcadis Professional Services (Canada) Inc.
Jeff Henry, RPP, MCIP Consulting Planner to the Municipality of Bayham