HomeMy WebLinkAboutDecember 04, 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, December 4, 2025
6:45 p.m.
A. Minor Variance Application COA-08/25 Banman 55547 Main Street
The December 4, 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 November 20, 2025
4. APPLICATION
A. Minor Variance Application COA-08/25 Banman 55547 Main Street
THE PURPOSE of this variance is to grant the following relief from the Zoning By-law regulation
on the subject property located at 55547 Main Street, south side, west of Plank Road, in the
Village of Straffordville:
• Section 10.6 to permit a Maximum Lot Coverage of 34%, whereas 30% is required
THE EFFECT of this variance is to permit an increased maximum lot coverage on the subject
property that is permitted in the Village Residential 1 (R1) Zone.
5. STAFF PRESENTATION
A. Report DS-50/25 by Margaret Underhill, Secretary/Treasurer re Minor Variance COA-08/25
Banman 55547 Main Street
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, 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 was held using hybrid
technologies via Zoom and livestreamed on YouTube.
COMMITTEE MEMBERS PRESENT: ED KETCHABAW
RAINEY WEISLER *via Zoom
DAN FROESE
SUSAN CHILCOTT
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
Committee Member Froese declared a pecuniary interest to the application being considered as
he is the applicant. Committee Member Froese left the table for the duration of the meeting.
3. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Committee of Adjustment Meeting held September 18, 2025
Moved by: Committee Member Chilcott
Seconded by: Committee Member Weisler
THAT the minutes from the Committee of Adjustment Meeting held September 18, 2025 be
approved as presented.
CARRIED
4. APPLICATION
A. Minor Variance Application COA-06/25 Dan Froese Farms Inc.
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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)
Moved by: Committee Member Emerson
Seconded by: Committee Member Chilcott
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.
CARRIED
10. ADJOURNMENT
Moved by: Committee Member Chilcott
Seconded by: Committee Member Emerson
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THAT the Committee of Adjustment Meeting for consideration of Minor Variance Application
COA-06/25 be adjourned at 6:50 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-08/25 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: HENRY AND ANNA BANMAN LOCATION: 55547 MAIN STREET, STRAFFORDVILLE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (COA-08/25).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on December 4, 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 the following relief from the Zoning By-law regulation on the subject property located at 55547 Main Street, south side, west of Plank Road, in the Village of Straffordville:
• Section 10.6 to permit a Maximum Lot Coverage of 34%, whereas 30% is required
THE EFFECT of this variance is to permit an increased maximum lot coverage on the subject property that is permitted in the Village Residential 1 (R1) 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 November 27, 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 21st 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: December 4, 2025
REPORT: DS-50/25 FILE NO. C-07 / D12.BANM
Roll # 34-01-000-004-29300 SPLIT SUBJECT: Committee of Adjustment Minor Variance COA-08/25 Banman
55547 Main St, Straffordville
BACKGROUND
Henry and Anna Banman have submitted a minor variance for a vacant property located on the south side of Main Street, west of Plank Road, known municipally as 55547 Main Street, Straffordville. The subject property is currently designated as ‘Residential’ in Schedule ‘B’ Straffordville: Land Use and Constraints of the Bayham Official Plan. The subject property is currently zoned ‘Village Residential 1 (R1-23)’ with site-specific exceptions on Schedule ‘F’ Straffordville of the Bayham
Zoning By-law No. Z456-2003. The site-specific zoning exceptions were approved on May 1, 2025 under Zoning By-law No. Z805-2025 and include:
• Section 10.12.23.2 to permit a minimum Lot Frontage of 18.8m for a Lot with no public water supply;
• Section 10.12.23.4 to permit a Lot Area of 565m² with municipal sanitary servicing.
The purpose of this variance is to grant the following relief from the Zoning By-law regulation on the subject property:
• Section 10.6 to permit a Maximum Lot Coverage of 34%, whereas 30% is required.
The effect of this variance is to permit an increased maximum lot coverage on the subject property that is permitted in the Village Residential 1 (R1) Zone. DISCUSSION The planner’s memorandum, dated November 26, 2025, provides a planning analysis for a minor variance to address the increased lot coverage of the subject lands. The municipal planner and staff concur the application meets the criteria to grant relief from the
Staff Report DS-50/25 Banman Page 2
Zoning By-law Section 10.6 to permit a maximum lot coverage of 34% in the R1 Zone to permit
the construction of a single-detached dwelling. STRATEGIC PLAN Not applicable. ATTACHMENTS 1. Application for Minor Variance COA-08/25 Banman 2. Arcadis Memorandum, dated November 26, 2025 RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-50/25 regarding
the Banman 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-08/25 submitted by Henry and Anna Banman 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 regulation for the construction of a new single-detached dwelling:
• Section 10.6 to permit a Maximum Lot Coverage of 34%, whereas 30% is required in the R1 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 0J6
Memorandum
To/Attention Municipality of Bayham Date November 26th, 2025
From Jeff Henry, RPP, MCIP Project No 1027 - 30260140
Subject Henry and Anna Banman - Application for Minor Variance to Zoning By-law #Z456-2003 - 55547 Main Street, Straffordville
Background
1. Arcadis has completed a review of Minor Variance application CAO-08/25,
submitted by Henry and Anna Banman for the subject property located at 55547
Main Street in the Village of Straffordville. The application is requesting one (1)
Minor Variance under Section 45 of the Planning Act to develop a new single-
detached dwelling, granting relief from the following Zoning By-law regulation:
• Section 10.6 to permit a Maximum Lot Coverage of 34%, whereas 30%
is required.
Subject Property and Surrounding Area
2. The subject property is currently designated as ‘Residential’ in Schedule ‘B’ –
Straffordville: Land Use and Constraints of the Bayham Official Plan. The
subject property is currently zoned as Village Residential (R1-23) with a Site-
Specific Exception in Schedule ‘F’ (Straffordville) of the Bayham Zoning By-law
No. Z456-2003. The Site Specific Exceptions were approved on May 1st, 2025
under Zoning By-law Z805-2025. The specific requirements being:
• 10.12.23.2 to permit a minimum Lot Frontage of 18.8m for a Lot with no
Public Water supply;
• 10.12.23.4 to permit a Lot Area of 565m² with municipal sanitary
servicing.
3. The subject property has a Lot Area of 565.4 square metres (6,085.9 square
feet) and a minimum lot depth of approximately 20 metres up to a maximum 40
metres. The property has an irregular shaped boundary around the south-east
corner of the Lot.
4. The subject property is located on the south side of Main Street, west of Plank
Road. The Lot is currently vacant and was recently created by Deed; separated
from 55541 Main Street. The subject property is surrounding by existing low-rise
ARCADIS MEMORANDUM
Municipality of Bayham – November 26, 2025
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residential uses along Main Street. To the rear is a roofing business, fronting
Plank Road. To the west is Straffordville Community Centre and amenity area.
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 ‘Residential’ land use designation is intended to encourage and support the
development of single-detached dwellings in order to maintain a low-rise
residential built-form. Further, development within the ‘Residential’ land use
designation shall be compatible with the existing adjacent and surrounding land
uses.
The proposed single-detached dwelling maintains the low-rise residential built-
form intended for the ‘Residential’ land use designation. The proposed dwelling
is a permitted use and of similar size to surrounding dwellings; as such it would
be compatible and in keeping with the existing low-rise development in the
surrounding area.
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?
Variance: To permit a Maximum Lot Coverage of 34%, whereas 30% is required.
The intent of Section 10.6 of the Zoning By-law to permit a Maximum Lot Coverage of 30% of the total Lot Area for primary dwellings within the ‘R1’ Zone is to maintain the character of the existing low-rise residential area, to provide sufficient outdoor amenity, and to ensure appropriate drainage is maintained.
It is my opinion that the proposed Lot Coverage of 34% will not impact the streetscape or character of the neighbourhood. The proposed setbacks from the property lines meet the minimum requirements of the Zoning By-law, thus providing sufficient separation and/or buffering from the proposed dwelling to neighbouring lots. The lot coverage exceedance can be attributed to the irregular shaped lot boundary around the south-east corner of the Lot. Grading plans will be required at the building permit stage to confirm appropriate
drainage is maintained.
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 – November 26, 2025
3
Are the variances minor in nature?
It is my opinion that the requested variance is minor in nature, as the proposed
Maximum Lot Coverage of 34% will not present significant impacts to adjacent
properties or the overall neighbourhood. Should the Lot have been a standard
rectangular shape, then the Lot Coverage of the proposed dwelling would be a
maximum of 24%. The irregular shaped Lot affects the rear south-east corner of
the Lot, which will become the rear yard of the proposed dwelling.
Are the variances desirable for the appropriate development or use of the
lands?
It is my opinion that the proposed variance is desirable for the appropriate
development of the lands, as it will facilitate the construction of a new single-
detached dwelling on the subject property of a scale and siting that is
compatible with the surrounding neighbourhood, consistent with the policies of
the Official Plan and the intent of the Zoning By-law.
Conclusions and Recommendations
6. Based on my review of this minor variance application, Arcadis has no
objection to the proposed minor variance to provide relief from the following
Zoning By-law regulation for the construction of a new single-detached dwelling:
• Section 10.6 to permit a Maximum Lot Coverage of 34%, whereas 30%
is required.
Jeff Henry
Arcadis Professional Services (Canada) Inc.
Jeff Henry, RPP, MCIP Consulting Planner to the Municipality of Bayham