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HomeMy WebLinkAboutFebruary 19, 2026 - 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 19, 2026 6:45 p.m. A. Minor Variance Application COA-01/26 Bueckert 6540 Richmond Road B. Minor Variance Application COA-02/26 Tatar 56748 Eden Line The February 19, 2026 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 4, 2025 4. APPLICATION A. Minor Variance Application COA-01/26 Bueckert 6540 Richmond Road THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations for the construction of an accessory building, located at 6540 Richmond Road, east side, south of Calton Line in the Hamlet of Calton: 1) Section 9.7 to permit a Maximum Floor Area for Accessory uses of 90 square metres, whereas 75.0 square metres is required, and; 2) Section 9.5.1 to permit a Maximum Height for an Accessory Building of 5.2 metres; whereas 4.5 metres is required. THE EFFECT of this variance is to permit a new single detached dwelling with an oversized accessory building in the Hamlet Residential (HR) Zone. B. Minor Variance Application COA-02/26 Tatar 56748 Eden Line THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations for the construction of an accessory building, located at 56748 Eden Line, north side, west of Plank Road in the Hamlet of Eden: 1) Section 9.7 to permit a Maximum Cumulative Floor Area for Accessory uses of 93 square metres, whereas 75.0 square metres is required, and; 2) Section 9.5.1 to permit a Maximum Height for an Accessory Building of 5.8 metres; whereas 4.5 metres is required. 2 THE EFFECT of this variance is to permit an oversized accessory building (in addition to an existing shed) in the Hamlet Residential (HR) Zone. 5. STAFF PRESENTATION A. Report DS-03/26 by Margaret Underhill, Secretary/Treasurer re Minor Variance COA-01/26 Bueckert 6540 Richmond Road B. Report DS-04/26 by Margaret Underhill, Secretary/Treasurer re Minor Variance COA-02/26 Tatar 56748 Eden Line 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 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 was held using hybrid technologies via Zoom and livestreamed on YouTube. COMMITTEE MEMBERS PRESENT: ED KETCHABAW RAINEY WEISLER SUSAN CHILCOTT TIMOTHY EMERSON ABSENT: DAN FROESE STAFF PRESENT: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT PUBLIC ATTENDEES A: HENRY BANMAN 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 were declared. 3. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Committee of Adjustment Meeting held November 20, 2025 Moved by: Committee Member Weisler Seconded by: Committee Member Chilcott THAT the minutes from the Committee of Adjustment Meeting held November 20, 2025 be approved as presented. CARRIED 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: 2 • 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 Henry Banman, applicant, spoke to the application. Banman advised that the minor variance is to keep the second bedroom on the main floor. 7. PUBLIC SUBMISSIONS No public submissions. 8. COMMITTEE QUESTIONS AND DISCUSSION No questions. 9. DECISION OF COMMITTEE (Motions) Moved by: Committee Member Chilcott Seconded by: Committee Member Emerson 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. CARRIED 3 10. ADJOURNMENT Moved by: Committee Member Weisler Seconded by: Committee Member Emerson THAT the Committee of Adjustment Meeting for consideration of Minor Variance Application COA-08/25 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 CAO-01/26 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: ABRAM AND MARIA BUECKERT LOCATION: 6540 RICHMOND ROAD TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (CAO-01/26). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on February 19th, 2026, 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 construction of an accessory building, located at 6540 Richmond Road, east side, south of Calton Line in the Hamlet of Calton: 1) Section 9.7 to permit a Maximum Floor Area for Accessory uses of 90 square metres, whereas 75.0 square metres is required, and; 2) Section 9.5.1 to permit a Maximum Height for an Accessory Building of 5.2 metres; whereas 4.5 metres is required. THE EFFECT of this variance is to permit a new single detached dwelling with an oversized accessory building 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 12:00 Noon on Thursday, February 12th, 2026, 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 6th day of February, 2026. Hamlet of Calton 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-02/26 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: RYSZARD TATAR LOCATION: 56748 EDEN LINE, HAMLET OF EDEN TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (CAO-02/26). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on February 19th, 2026, 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 construction of an accessory building, located at 56748 Eden Line, north side, west of Plank Road in the Hamlet of Eden: 1) Section 9.7 to permit a Maximum Cumulative Floor Area for Accessory uses of 93 square metres, whereas 75.0 square metres is required, and; 2) Section 9.5.1 to permit a Maximum Height for an Accessory Building of 5.8 metres; whereas 4.5 metres is required. THE EFFECT of this variance is to permit an oversized accessory building (in addition to an existing shed) 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 12:00 Noon on Thursday, February 12th, 2026, 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 6th day of February, 2026. Hamlet of Eden 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 19, 2026 REPORT: DS-03/26 FILE NO. C-07 / D12.BUEC Roll # 34-01-000-008-06300 SPLIT SUBJECT: Committee of Adjustment Minor Variance COA-01/26 Bueckert 6540 Richmond Road, Hamlet of Calton BACKGROUND Abram and Maria Bueckert have submitted a minor variance application for their property located on the east side of Richmond Road, south of Calton Line in the hamlet of Calton. The subject property is currently designated as ‘Hamlet’ in Schedule ‘A1’ - Land Use of the Bayham Official Plan. The subject property is currently zoned as Hamlet Residential (HR) in Schedule ‘G’ (Calton) 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 construction of an accessory building, located at 6540 Richmond Road, east side, south of Calton Line in the Hamlet of Calton: 1) Section 9.5.1 to permit a Maximum Accessory Building Height of 5.2 metres; whereas 4.5 metres is required; and, 2) Section 9.7 to permit a Maximum Floor Area for an Accessory Building of 90 square metres, whereas 75.0 square metres is required. THE EFFECT of this variance is to permit a new single-detached dwelling with an oversized accessory building in the Hamlet Residential (HR) Zone. DISCUSSION The planner’s memorandum, dated February 10, 2026, outlines the requirement for a minor variance to address the maximum floor area and maximum height for a future constructed accessory building in the HR Zone. The municipal planner and staff concur the application meets the criteria to grant relief from the Zoning By-law Sections 9.5.1 and 9.7. Staff Report DS-03/26 Bueckert Page 2 STRATEGIC PLAN Not applicable. ATTACHMENTS 1. Application for Minor Variance COA-01/26 Bueckert 2. Arcadis Memorandum, dated February 10, 2026 RECOMMENDATION THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-03/26 regarding the Bueckert 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-01/26 submitted by Abram and Maria Bueckert pursuant to Section 45 of the Planning Act for a minor variance to permit the construction of a personal shop is granted to allow relief from the Municipality of Bayham Zoning By-law No. Z456-2003 regulations as follows: • Section 9.5.1 to permit the new shop to have a Maximum Accessory Building Height of 5.2 metres; whereas 4.5 metres is required; and, • Section 9.7 to permit a Maximum Floor Area for an Accessory Building of 90 square metres, whereas 75.0 square metres 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 0J6 Memorandum To/Attention Municipality of Bayham Date February 10th, 2026 From Jeff Henry, RPP, MCIP Project No 1034 - 30260140 Subject Abram and Maria Bueckert - Application for Minor Variance to Zoning By-law #Z456-2003 - 6540 Richmond Road, Calton Background 1. Arcadis has completed a review of Minor Variance application CAO-01/26, submitted by Abram and Maria Bueckert for the subject property located at 6540 Richmond Road in the Hamlet of Calton. The application is requesting two (2) Minor Variances under Section 45 of the Planning Act to develop a new single- detached dwelling with an oversized accessory building, granting relief from the following Zoning By-law regulations: • Section 9.7 to permit a Maximum Floor Area for Accessory uses of 90 square metres, whereas 75.0 square metres is required; and • Section 9.5.1 to permit a Maximum Height for an Accessory Building of 5.2 metres; whereas 4.5 metres is required. Subject Property and Surrounding Area 2. The subject property is currently designated as ‘Hamlet’ in Schedule ‘A1’ Land Use of the Bayham Official Plan. The subject property is currently zoned as Hamlet Residential (HR) in Schedule ‘G’ (Calton) of the Bayham Zoning By-law No. Z456-2003. 3. The subject property has a Lot Area of 2,790 square metres (30,031 square feet) and a lot depth of approximately 62 metres with frontage of 45 metres onto Richmond Road. The subject property is located on the east side of Richmond Road, south of Calton Line. 4. The Lot is currently vacant having been recently created. It is the most southerly Lot within the Settlement Boundary of Calton. To the north, along the east side of Richmond Road is another vacant Lot, and single detached residences. Further north and east along Calton Line are more single detached homes, with two institutional uses (Churches) north of Calton Line. To the west of the subject ARCADIS MEMORANDUM Municipality of Bayham – February 10th, 2026 2 property are agricultural lands that lay outside the Settlement Boundary and the Municipality of Bayham. 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 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 and accessory building maintain the low-rise residential built-form intended for the ‘Residential’ land use designation. The proposed buildings are permitted uses and of similar size to surrounding dwellings and accessory structures on the larger, Hamlet residential Lots. As such the oversized accessory building would be compatible and in keeping with the existing low-rise development in the surrounding area. Therefore, it is my 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: To permit a Maximum Floor Area for an Accessory Building of 90m²; whereas 75m² is required. The intent of Section 9.7 of the Zoning By-law to permit a Maximum Floor Area for an Accessory Building of 75m² or 8% of the total Lot Coverage within the ‘HR’ 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. The proposed accessory building will cover 3.3% of the lot. It is my opinion that the variance maintains the general intent and purpose of the Zoning By-law as the floor area of the structure is proportionate to the Lot size and will not impact the streetscape or character of the neighbourhood. The proposed setbacks from the property lines are in excess of the minimum requirements of the Zoning By-law, thus providing sufficient separation and/or buffering from the proposed accessory building to neighbouring lots consistent with the residential character of the Hamlet. Grading plans will be required at the building permit stage to confirm appropriate drainage is maintained. ARCADIS MEMORANDUM Municipality of Bayham – February 10th, 2026 3 Variance: To permit a Maximum Height for an Accessory Building of 5.2m; whereas 4.5m is required. The intent of Section 9.5.1 of the Zoning By-law to permit a Maximum Height for an Accessory Building of 4.5m within the ‘HR’ Zone is to maintain the character and streetscape of the existing low-rise residential area. The proposed accessory building height is 5.2m, compared with a maximum permitted dwelling height of 10.5m. The location of the proposed accessory building to the rear of the Lot will have little impact the streetscape or character of the neighbourhood, and the additional height is not anticipated to be discernable from the street. Further, there are no neighbouring residential lots to the south in proximity to the proposed accessory dwelling given the lot abuts the settlement area boundary. Therefore, it is my opinion that the proposed variances meet the general intent and purpose of the Zoning By-law. Are the variances minor in nature? The proposed accessory building floor area is 15m² larger floor area than the permitted 75m² and substantially lower than the maximum permitted Lot Coverage. In my opinion this is a minor increase and will not present significant impacts to adjacent properties or the overall neighbourhood. The proposed accessory building height is an additional 0.7m to the maximum required height. In my opinion this is a minor increase and will not present significant impacts to adjacent properties or the overall neighbourhood, recognizing the location of the building on the lot and its context abutting the settlement area boundary. Are the variances desirable for the appropriate development or use of the lands? It is my opinion that the proposed variances are desirable for the appropriate development of the lands, as they will facilitate the construction of a new single- detached dwelling with an accessory building 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 variances to provide relief from the following Zoning By-law regulations for the construction of a new single-detached dwelling with accessory building: • Section 9.7 to permit a Maximum Floor Area for Accessory uses of 90 square metres, whereas 75.0 square metres is required; and ARCADIS MEMORANDUM Municipality of Bayham – February 10th, 2026 4 • Section 9.5.1 to permit a Maximum Height for an Accessory Building of 5.2 metres; whereas 4.5 metres is required. Jeff Henry Arcadis Professional Services (Canada) Inc. Jeff Henry, RPP, MCIP Consulting Planner to the Municipality of Bayham REPORT DEVELOPMENT SERVICES TO: Committee of Adjustment Members FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment DATE: February 19, 2026 REPORT: DS-04/26 FILE NO. C-07 / D12.TATAR Roll # 34-01-000-006-11243 SUBJECT: Committee of Adjustment Minor Variance COA-02/26 Tatar/Tomczyk-Tatar 56748 Eden Line, Hamlet of Eden BACKGROUND Ryszard (Rick) Tatar and Monika Tomczyk-Tatar have submitted a minor variance application for their property located on the north side of Eden Line, west of Plank Road in the hamlet of Eden. The subject property is currently designated as ‘Hamlet’ in Schedule ‘A1’ - Land Use of the Bayham Official Plan. The subject property is currently zoned as Hamlet Residential (HR) in Schedule ‘D’ (Eden) 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 construction of an accessory building (personal workshop), located at 56748 Eden Line, north side, west of Plank Road in the Hamlet of Eden: 1) Section 9.5.1 to permit a Maximum Height for an Accessory Building of 5.8 metres; whereas 4.5 metres is required; and, 2) Section 9.7 to permit a Maximum Cumulative Floor Area for Accessory uses of 93.0 square metres, whereas 75.0 square metres is required. The effect of this variance is to permit an oversized accessory building (in addition to an existing shed) in the Hamlet Residential (HR) Zone. DISCUSSION The Committee of Adjustment must be satisfied that the application meets the four (4) tests of Section 45(1) of the Planning Act. The planner’s memorandum, dated February 10, 2026, provides the planning analysis of the four (4) tests to address the maximum floor area and maximum height for a future accessory building in the HR Zone. The municipal planner and staff concur the application meets the criteria to grant relief from the Zoning By-law Sections 9.5.1 and 9.7 and provide a supportive recommendation. Staff Report DS-04/26 Tatar Page 2 STRATEGIC PLAN Not applicable. ATTACHMENTS 1. Application for Minor Variance COA-02/26 Tatar and Tomczyk-Tatar 2. Arcadis Memorandum, dated February 10, 2026 RECOMMENDATION THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-04/26 regarding the Tatar 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-02/26 submitted by Ryszard (Rick) Tatar and Monika Tomczyk-Tatar pursuant to Section 45 of the Planning Act for a minor variance to permit the construction of a personal workshop is granted relief from the Municipality of Bayham Zoning By-law No. Z456-2003 regulations as follows: • Section 9.5.1 to permit the new workshop to have a Maximum Accessory Building Height of 5.8 metres; whereas 4.5 metres is required; and, • Section 9.7 to permit a Maximum Cumulative Floor Area for all accessory uses of 93.0 square metres, whereas 75.0 square metres 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 0J6 Memorandum To/Attention Municipality of Bayham Date February 10th, 2026 From Jeff Henry, RPP, MCIP Project No 1035 - 30260140 Subject Ryszard Tatar- Application for Minor Variance to Zoning By-law #Z456-2003 - 56748 Eden Line, Eden Background 1. Arcadis has completed a review of Minor Variance application CAO-02/26, submitted by Ryszard Tatar for the subject property located at 56748 Eden Line in the Hamlet of Eden. The application is requesting two (2) Minor Variances under Section 45 of the Planning Act to develop an oversized accessory building, granting relief from the following Zoning By-law regulations: • Section 9.7 to permit a Maximum Cumulative Floor Area for Accessory uses of 93 square metres, whereas 75.0 square metres is required; and • Section 9.5.1 to permit a Maximum Height for an Accessory Building of 5.8 metres; whereas 4.5 metres is required. Subject Property and Surrounding Area 2. The subject property is currently designated as ‘Hamlet’ in Schedule ‘A1’ Land Use of the Bayham Official Plan. The subject property is currently zoned as Hamlet Residential (HR) in Schedule ‘D’ (Eden) of the Bayham Zoning By-law No. Z456-2003. 3. The subject property has a Lot Area of approximately 2,700 square metres (0.66 acres) and a lot depth of approximately 77 metres with frontage of 35 metres onto Eden Line. The subject property is located on the north side of Eden Line, west of Plank Road. 4. The Lot is currently houses a single storey detached dwelling with an attached garage, and an existing shed to the rear west corner of the Lot. These uses will continue as is. If approved, the Minor Variance for Accessory Floor Area would permit a cumulative Floor Area of 93 m² (1,001ft²), inclusive of the existing shed (11.15m² / 120ft²) and the proposed accessory building (81.3m² / 875ft²). 5. To the east and west along both sides of Eden Line are other detached residences. To the rear of the Lot are existing agricultural lands within the ARCADIS MEMORANDUM Municipality of Bayham – February 10th, 2026 2 Settlement Area Boundary of the Hamlet of Eden that are zoned HR(h2). Closer to the intersection of Eden Line and Plank Road are other uses including an institutional use (Church) and Hamlet Commercial uses intermingled with residential uses. Planning Analysis 6. 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 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 accessory building is permitted as accessory to the residential dwelling. The proposed building is of similar size and location to surrounding dwellings and accessory structures on the larger, Hamlet residential Lots. As such the oversized accessory building would be compatible and in keeping with the existing low-rise development in the surrounding area. Therefore, it is my 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: To permit a Maximum Floor Area for an Accessory Building of 93m²; whereas 75m² is required. The intent of Section 9.7 of the Zoning By-law to permit a Maximum Floor Area for an Accessory Building of 75m² or 8% of the total Lot Coverage within the ‘HR’ 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. The proposed accessory building and existing shed, in total, will cover 3.4% of the lot. It is my opinion that the variance maintains the general intent and purpose of the Zoning By-law as it is proportionate to the Lot size and will not impact the streetscape or character of the neighbourhood. The proposed side yard setback exceeds the minimum requirement for an accessory building (1.22m proposed v. 1.0m required), and the rear yard setback significantly exceeds the minimum requirement of the Zoning By-law, providing sufficient separation and/or buffering from adjacent lots. Grading plans will be required at the building permit stage to confirm appropriate drainage is maintained. ARCADIS MEMORANDUM Municipality of Bayham – February 10th, 2026 3 Variance: To permit a Maximum Height for an Accessory Building of 5.8m; whereas 4.5m is required. The intent of Section 9.5.1 of the Zoning By-law to permit a Maximum Height for an Accessory Building of 4.5m within the ‘HR’ Zone is to maintain the character and streetscape of the existing low-rise residential area. The proposed accessory building height is 5.8m, compared with a maximum dwelling height of 10.5m. The location of the proposed accessory building, to the rear of the Lot, will limit the ability to discern the additional height from the streetscape, limiting any impact on the streetscape or character of the neighbourhood. Therefore, it is my opinion that the proposed variances meet the general intent and purpose of the Zoning By-law. Are the variances minor in nature? The proposed accessory building floor area, in addition to the existing shed to remain, is cumulatively an 18m² larger floor area than the permitted 75m². In my opinion this is a minor increase and will not present significant impacts to adjacent properties or the overall neighbourhood, recognizing the low overall lot coverage. The proposed accessory building height is an additional 1.3m to the maximum required height. In my opinion, this is a minor increase and will not present significant impacts to adjacent properties or the overall neighbourhood given the location to the rear of the property and that all required setbacks are maintained or exceeded. Are the variances desirable for the appropriate development or use of the lands? It is my opinion that the proposed variances are desirable for the appropriate development of the lands, as they will facilitate the construction of an accessory building 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 7. Based on my review of this minor variance application, Arcadis has no objection to the proposed minor variances to provide relief from the following Zoning By-law regulations for the construction of a new single-detached dwelling with accessory building: • Section 9.7 to permit a Maximum Cumulative Floor Area for Accessory uses of 93 square metres, whereas 75.0 square metres is required; and ARCADIS MEMORANDUM Municipality of Bayham – February 10th, 2026 4 • Section 9.5.1 to permit a Maximum Height for an Accessory Building of 5.9 metres; whereas 4.5 metres is required. Jeff Henry Arcadis Professional Services (Canada) Inc. Jeff Henry, RPP, MCIP Consulting Planner to the Municipality of Bayham