HomeMy WebLinkAboutNovember 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, November 20, 2025
6:45 p.m.
A. Minor Variance Application COA-06/25 Dan Froese Farms Inc.
The November 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 September 18, 2025
4. APPLICATION
A. Minor Variance Application COA-06/25 Dan Froese Farms Inc.
THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations to
recognize a deficient Lot Area for an existing Lot on the subject property known as Part of Lot 123
Concession South of Talbot Line located west of Plank Road, south of the Village of Straffordville:
1) Section 5.12.XX to permit a Lot Area of 19.01 hectares, whereas 20.0 hectares is required for
a Lot in the Agricultural (A1) zone
THE EFFECT of this variance is to permit a reduced Lot Area over the retained lands to fulfill the
Conditions of Consent Application E43-25.
5. STAFF PRESENTATION
A. Report DS-47/25 by Margaret Underhill, Secretary/Treasurer re Minor Variance COA-06/25
Dan Froese Farms Inc.
6. PRESENTATIONS BY APPLICANT/AGENT
7. PUBLIC SUBMISSIONS
8. COMMITTEE QUESTIONS AND DISCUSSION
9. DECISION OF COMMITTEE (Motions)
10. ADJOURNMENT
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COMMITTEE OF ADJUSTMENT MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
Thursday, September 18, 2025
6:45 p.m.
A. Minor Variance Application COA-07/25 Wiebe 55861 Third Street
The September 18, 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
SUSAN CHILCOTT
COMMITTEE MEMBERS ABSENT: TIMOTHY EMERSON
STAFF PRESENT:
CAO THOMAS THAYER
CLERK MEAGAN ELLIOTT
SECRETARY/TREASURER MARGARET UNDERHILL
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 March 20, 2025
Moved by: Committee Member Weisler
Seconded by: Committee Member Chilcott
THAT the minutes from the Committee of Adjustment Meeting held March 20, 2025 be approved
as presented.
CARRIED
4. APPLICATION
A. Minor Variance Application COA-07/25 Wiebe 55861 Third Street
THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations; to
recognize a deficient Lot Area for an existing Lot; and for the conversion of an existing accessory
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garage building to a single-detached dwelling on the subject property located at 55861 Third
Street, south side, east of Short Street in the Village of Straffordville:
1) Section 10.3 to permit a Lot Area of 809.4 square metres, whereas 900 square metres is
required for a Lot in Straffordville with sanitary services, and;
2) Section 10.10 to permit a Rear Yard Depth of 5.26 metres; whereas 7.0 metres is required.
THE EFFECT of this variance is to permit an existing accessory building to be converted into a
single detached dwelling that is permitted in the Village Residential (R1) Zone.
5. STAFF PRESENTATION
A. Report DS-38/25 by Margaret Underhill, Secretary/Treasurer re Minor Variance COA-07/25
Wiebe 55861 Third Street
6. PRESENTATIONS BY APPLICANT/AGENT
Applicant was present for any questions.
7. PUBLIC SUBMISSIONS
A. Bonnie Ball email received September 10, 2025
No further participation from members of the public.
8. COMMITTEE QUESTIONS AND DISCUSSION
No questions.
9. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Froese
Seconded by: Committee Member Weisler
THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-38/25 regarding the
Wiebe 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-07/25 submitted by Kristi Wiebe 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 accessory building to be
converted into a single detached dwelling as follows:
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• Section 10.3 to permit a Minimum Lot Area of 809 square metres, whereas 900 square
metres is required, and;
• Section 10.10 to permit a Rear Yard Depth (for a dwelling) of 5.26 metres; whereas 7.0
metres is required.
CARRIED
10. ADJOURNMENT
Moved by: Committee Member Chilcott
Seconded by: Committee Member Froese
THAT the Committee of Adjustment Meeting for consideration of Minor Variance Application
COA-07/25 be adjourned at 6:52 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-06/25 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: DAN FROESE FARMS INC. LOCATION: PART OF LOT 123, CONCESSION SOUTH OF TALBOT ROAD, STRAFFORDVILLE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (COA-06/25).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on November 20th, 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 to recognize a deficient Lot Area for an existing Lot on the subject property known as Part of Lot 123
Concession South of Talbot Line located west of Plank Road, south of the Village of Straffordville: 1) Section 5.12.XX to permit a Lot Area of 19.01 hectares, whereas 20.0 hectares is required
for a Lot in the Agricultural (A1) zone
THE EFFECT of this variance is to permit a reduced Lot Area over the retained lands to fulfill the Conditions of Consent Application E43-25.
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 November 20th, 2025, to be circulated to the Committee of Adjustment ahead of 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 7th day of November 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: November 20, 2025
REPORT: DS-47/25 FILE NO. C-07 / D12.DANF
Roll # 34-01-000-004-01050 SUBJECT: Committee of Adjustment Minor Variance COA-06/25 Dan Froese Farms Inc.
Lands Part of Lot 123, Concession South of Talbot Road
BACKGROUND
Agent Jesse Froese has submitted a minor variance application on behalf of Dan Froese Farms Inc. for property located on the west side of Plank Road, south of the village of Straffordville. The subject property is currently designated as ‘Agriculture’ in Schedule ‘A1’ - Land Use of the Bayham Official Plan. The subject property is currently zoned as ‘Agricultural’ in Schedule ‘A1’ Map No. 8 of the Bayham Zoning By-law No. Z456-2003. THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulation to
recognize a deficient Lot Area for an existing Lot on the subject property known as Part of Lot 123 Concession South of Talbot Line located west of Plank Road, south of the Village of Straffordville:
• Section 5.3 to permit a Lot Area of 19.01 hectares, whereas 20.0 hectares is required for
a Lot in the Agricultural (A1) zone THE EFFECT of this variance is to permit a reduced Lot Area over the retained lands to fulfill
the Conditions of Consent Application E43-25 granted by the County Land Division Committee on August 27, 2025. DISCUSSION The planner’s memorandum, dated July 9, 2025, in respect to the severance and the conditions, outlines the requirement for a minor variance to address the reduced lot area of the retained lands.
The municipal planner and staff concur the application meets the criteria to grant relief from the Zoning By-law Section 5.3 to permit a reduced lot area of 19.01 hectares in the A1 Zone.
Staff Report DS-47/25 Dan Froese Farms Inc. Page 2
STRATEGIC PLAN Not applicable. ATTACHMENTS 1. Application for Minor Variance COA-06/25 Dan Froese Farms Inc.
2. Arcadis Memorandum, dated July 9, 2025 RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-47/25 regarding the Dan Froese Farms 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 COA-06/25 submitted by Dan Froese Farms Inc. 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 satisfy a condition of Consent Application E43-25 as follows:
• Section 5.3 to permit a Lot Area of 19.01 hectares, whereas 20.0 hectares is required for a Lot in the Agricultural (A1) Zone.
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 July 9th 2025
From Jeff Henry, RPP, MCIP Project No 30260140 - 1006
cc
Subject Dan Froese Farms Inc. Application for Consent E43-25
Summary and Background
1. Arcadis has completed a review of Consent Application E43-25, submitted by
Jesse Froese, on behalf of Dan Froese Farms Inc., owners of the lands described
as Part of Lot 123, Concession South of Talbot Road, Township of Bayham. The
applicant is requesting to sever approximately 3.65 hectares (9.02 acres) from the
existing property with a frontage of 76.98 metres along Plank Road (County Road
19). The subject property will retain an approximate area of 19.01 hectares (46.98
acres) and Lot Frontage of over 480 metres (1,906.2 feet) along Plank Road.
2. The existing use of the subject property is agricultural. Although there is Public
Sanitary Servicing available toward the northern portion, the subject property has
not been connected. There is no Public Water servicing to the subject lands and
no structures are existing on the lands. The owners are not proposing any new
development at this time; however, should the new Lot be sold, the owners
contemplate that a plan of subdivision for residential uses could be proposed.
Both lots will continue to have frontage along a public road and the existing access
will remain unaltered.
3. The proposed severance divides the lands along the settlement area boundary of
the Village of Straffordville, with the proposed retained land being outside the
settlement area boundary and the proposed severed land being inside the
settlement area boundary.
4. The surrounding uses are predominantly agricultural, with natural heritage
features extending from the west into the northern portion of the subject property.
There are three existing Lots cutting into the centre of the proposed retained lands
off Plank Road which have been developed with low density residential dwellings.
Low density residential uses lie to the north and across Plank Road to the east of
the proposed severed lands within the Village of Straffordville.
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5. The lands proposed to be retained are designated as ‘Agriculture’ on Schedule
A1 (Land Use) of the Bayham Official Plan The proposed severed lands are within
the settlement are boundary and are designated ‘Residential’ with an overlay of
‘Hazard Lands’ on Schedule ‘B’ (Straffordville Land Use and Constraints) in the
Bayham Official Plan.
6. The proposed retained portion of the subject lands are zoned ‘Agricultural’ (A1)
on Schedule ‘A1’ Map No. 8 of the Municipality of Bayham Zoning By-law Z456-
2003. The proposed severed lands are zoned R1(h2) on Schedule F
(Straffordville). The Hazard lands are shown as regulated by the Long Point
Region Conservation Authority.
Provincial Planning Statement
7. As the subject lands contain portions within the settlement area boundary
(proposed severed lands) and within the prime agricultural area (proposed
retained lands), the related policies of the Provincial Planning Statement
(hereafter, “PPS”) must be considered.
8. The PPS provides policy direction with respect to Lot Creation and Lot
Adjustments in prime agricultural areas. Section 4.3.3.1 of the PPS reads in part
as follows:
1. Lot creation in prime agricultural areas is discouraged and may only be
permitted in accordance with provincial guidance for:
a) agricultural uses, provided that the lots are of a size appropriate for the
type of agricultural use(s) common in the area and are sufficiently large to
maintain flexibility for future changes in the type or size of agricultural
operations;
9. Comment: The proposed retained lands provide 19.01 hectares, which is close
to meeting but does not meet the minimum required area in the Municipality of
Bayham’s Zoning By-law for agricultural parcels of 20 hectares. As a condition of
approval, and as reviewed further below, the owner will be required to submit and
obtain approval of a Minor Variance application and confirm that the retained
lands are consistent with PPS policy 4.3.3.1(a).
10. The PPS provides general policies for Settlement Areas in Section 2.3.1 in part
as follows:
1. Settlement areas shall be the focus of growth and development. Within
settlement areas, growth should be focused in, where applicable, strategic
growth areas, including major transit station areas.
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2. Land use patterns within settlement areas should be based on densities
and a mix of land uses which:
a) efficiently use land and resources;
b) optimize existing and planned infrastructure and public service facilities;
c) support active transportation;
d) are transit-supportive, as appropriate; and
e) are freight-supportive
…
6. Planning authorities should establish and implement phasing policies,
where appropriate, to ensure that development within designated growth
areas is orderly and aligns with the timely provision of the infrastructure
and public service facilities.
7. Comment: The proposed severed lands are within the settlement area
boundary where a future subdivision application may be advanced to provide
for future growth. In my opinion, the proposed severance lands conform with
the PPS. Please note that, while existing municipal sanitary services extend
across the frontage of the severed lands, there is no current connection or
allocation to these lands. Existing sanitary servicing capacity may also be
limited. As such, the owner should be advised that, in accordance with the
PPS, the municipality may establish phasing policies to ensure development
is orderly and aligns with the timely provision of infrastructure.
County of Elgin Official Plan
8. In the County of Elgin Official Plan (hereafter, ‘Elgin OP’), settlement areas
are the focus of growth. The settlement area of Straffordville is a Tier 2
settlement area. As such, these areas are generally on partial servicing. To
develop on partial services will require further studies, as set out in Section
B2.5
Limited development is permitted in these settlement areas given the
absence of full municipal services. Development on partial services is
permitted to allow for infilling and rounding out of existing development
provided that:
a) the proposed development is within the reserve sewage system
capacity and reserve water system capacity; and
b) site conditions are suitable for long-term provision of such services.
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In cases where a plan of subdivision or condominium is required in
accordance with Section E1.2.1 of this Plan, a settlement area capability
study may be required in accordance with Section B2.7 of this Plan.
9. Comment: The proposed severed lands are within the Tier 2 settlement area
and so, in our opinion, the proposed retained lands conform with the Elgin OP.
The owner should be aware that prior to any future development of the lands,
including through a plan of subdivision, studies related to servicing and
servicing capacity may be required by the County.
10. The Elgin OP provides policies for lot creation in the Agricultural area at
Section E1.2.3.4 (a), which provides:
In accordance with the intent of this Plan to maintain and protect the
agricultural resource of the County and direct the majority of new
residential growth to settlement areas or existing vacant building lots, new
lots may be permitted if the local Official Plan supports their creation and
if:
a) the lot is to be severed to create a new farm lot and both the retained
and severed parcels each have a lot area of about 40 hectares; or as
established in the local planning documents
11. Comment: The proposed severance could facilitate new residential growth in
settlement area rather than provides for a new farm lot, notwithstanding that
agricultural uses are the proposed uses of the severed lands. In discussions
with the County, the County confirmed that these policies are not directly
applicable and so the proposed severed lands conform with the Elgin OP.
Municipality of Bayham Official Plan
12. Section 4.2.1 of the Municipality of Bayham Official Plan (hereafter “Bayham
OP) provides policy direction with respect to the Development in Settlement
Areas. More specifically, should the future development propose more than
five (5) lots, Section 4.2.1.4 states development may be permitted on lands
within the Village of Straffordville, which is not serviced by municipal water
services, without an Official Plan Amendment in accordance with the following
criteria:
a) The developer shall provide servicing plans for future municipal water
services for the subject lands and connection(s) to municipal water
services in the design of any draft plan of subdivision or condominium
application to ensure that these services or facilities can be provided up
to the appropriate standard, which complies with all regulatory
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requirements, and protects human health and the natural environment in
the event of future municipal service extensions to the area.
b) Hydrogeological and/or geotechnical reports must be submitted to the
satisfaction of the Municipality, which demonstrate that no long-term
negative impacts to water quantity and quality will be produced by the
development and there is sufficient long-term water quantity and quality
available for the development.
c) Confirmation from the Municipality of sufficient reserve sewage system
capacity within municipal sewage services for any proposed development
is required.
d) The policies of the County Official Plan B2.7 Settlement Capability
Studies will apply. Determination of this requirement will be addressed
through the pre-consultation process for subdivisions/condominiums.
13. Comment: As the proposed severed lands do not currently propose
development of uses requiring services, this section is not currently
applicable, and the proposed severed lands conform with the Bayham Official
Plan. However, the owner should be aware development of these lands will
require confirmation of sufficient reserve sewage system capacity, which may
be constrained.
14. Section 2.1.6 of the Bayham OP provides policy direction for the division of
agricultural parcels, which discourage the division of large farms into smaller
holdings and requires that parcels “must be sufficiently large enough to permit
flexibility for future changes in the type or size of the farming operation, in
order to meet changing economic conditions” and to be “suitable for the type
of agriculture use(s) common in the area and the farm size is appropriate for
the type of agriculture operation proposed.”
15. Comment: The proposed retained lands provide 19.01 hectares, which is
close to meeting but does not meet the minimum required area in the
Municipality of Bayham’s Zoning By-law for agricultural parcels of 20 hectares.
As a condition of approval, and as reviewed further below, the owner will be
required to submit and obtain approval of a Minor Variance application and
confirm that the retained lands conform with the policies of the Bayham OP.
Municipality of Bayham Zoning By-law
16. The proposed Retained lands are zoned ‘Agricultural’ (A1) as shown on
Schedule ‘A – Map 8’ of the Municipality of Bayham Zoning By-law Z456-2003.
The A1 Zone requires a Minimum Lot Area of 20.0 hectares and Minimum Lot
Frontage of 150.0 metres.
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17. Comment: The proposed retained lands will retain an approximate Lot Area
of 19.01 hectares and Lot Frontage of 480 metres frontage along Plank Road.
Therefore, the Retained Lot will not meet the minimum Lot Area requirement
of the Zoning By-law and will require a Minor Variance Application.
18. The proposed Severed lands are zoned R1(h2) as shown on ‘Schedule F’ of
the Municipality of Bayham Zoning By-law Z456-2003. The R1(h2) zone has
a minimum Lot area of 1,390m² for lands in Straffordville with no sanitary
services; and a required frontage of 20 metres for lots with partial services
available.
19. Comment: The proposed severed Lot meets the requirements of the R1(h2)
zoning having an area of 3.65 hectares and a frontage of 76.98m. As there
are currently no plans to develop any residential dwellings on the severed
lands, the remaining R1 Zoning requirements are not applicable.
20. The Holding Provision ‘h2’ is to ensure orderly development, a subdivision
agreement with the Municipality, which addresses financial and servicing
impacts of new development to the Municipality, will be required prior to the
removal of the “h2” zone symbol.
21. Comment: As there are no development plans for the severed lands at this
time, the Holding Provision will remain as-is. Future development of the lands,
including through a Plan of Subdivision application, will require a connection
to sanitary services and for the requirements of the Holding provision to be
satisfied and the Holding provision removed. However, the owner should be
aware that sanitary servicing capacity may be constrained.
Conclusion and Recommendations
22. Based on the above review of Consent Application E43-25 we have no
objection to the proposed consent to sever the lands zoned R1(h2), as shown
in the severance sketch, with the following conditions:
a) That the owner applies for a Minor Variance for the retained lands to address
the minimum Lot Area requirement deficiency resulting from this severance;
b) That the owner provides a digital copy of a survey of the subject lands; and,
c) That the owner provides a Planning Report Fee payable to the Municipality
of Bayham.
Jeff Henry
Arcadis Professional Services (Canada) Inc. Jeff Henry, RRP, MCIP
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Consulting Planner to the Municipality of Bayham