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HomeMy WebLinkAboutMarch 05, 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, March 5, 2026 6:50 p.m. A. Minor Variance Application COA-03/26 Vendryes 6356 Plank Road The March 5, 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 February 19, 2026 4. APPLICATION A. Minor Variance Application COA-03/26 Vendryes 6356 Plank Road THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations for the addition of a second storey to an existing residential dwelling, located at 6356 Plank Road, east side, north of Chute Line in the Village of Vienna: 1) Section 10.9.1 to permit a Minimum Side Yard Width of 1.2m on the north side and 0.9m on the south side for a two storey dwelling, whereas, where a garage or carport is attached, 1.2m plus 0.5m for each additional or partial storey above the first storey on each side of the combined building is required. 2) Section 10.4 to permit a Minimum Lot Frontage of 12.8m (with Public Water & Sanitary Services, whereas 15.0m is required. THE EFFECT of this variance is to permit an addition to an existing dwelling with an existing deficient lot frontage and one deficient side yard width, resulting in a two storey dwelling where both side yard widths are deficient in the Village Residential (R1) Zone. 5. STAFF PRESENTATION A. Report DS-08/26 by Margaret Underhill, Secretary/Treasurer re Minor Variance COA-03/26 Vendryes 6356 Plank Road 6. PRESENTATIONS BY APPLICANT/AGENT 7. PUBLIC SUBMISSIONS 2 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 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 was held using hybrid technologies via Zoom and livestreamed on YouTube. COMMITTEE MEMBERS PRESENT: ED KETCHABAW RAINEY WEISLER SUSAN CHILCOTT TIMOTHY EMERSON DAN FROESE **via Zoom, arrived at 6:50 pm STAFF PRESENT: CAO THOMAS THAYER CLERK (outgoing) MEAGAN ELLIOTT *via Zoom CLERK (incoming) ALAN BUSHELL SECRETARY/TREASURER MARGARET UNDERHILL PUBLIC ATTENDEES A: N/A PUBLIC ATTENDEES B: 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 4, 2025 Moved by: Committee Member Weisler Seconded by: Committee Member Chilcott THAT the minutes from the Committee of Adjustment Meeting held December 4, 2025 be approved as presented. CARRIED 2 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. 5. STAFF PRESENTATION A. Report DS-03/26 by Margaret Underhill, Secretary/Treasurer re Minor Variance COA-01/26 Bueckert 6540 Richmond Road 6. PRESENTATIONS BY APPLICANT/AGENT The applicant was present but did not speak. 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-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; 3 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. CARRIED 10. APPLICATION 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. THE EFFECT of this variance is to permit an oversized accessory building (in addition to an existing shed) in the Hamlet Residential (HR) Zone. 11. STAFF PRESENTATION B. Report DS-04/26 by Margaret Underhill, Secretary/Treasurer re Minor Variance COA-02/26 Tatar 56748 Eden Line 12. PRESENTATIONS BY APPLICANT/AGENT No presentations. 13. PUBLIC SUBMISSIONS No public submissions. 14. COMMITTEE QUESTIONS AND DISCUSSION No questions. 15. DECISION OF COMMITTEE (Motions) Moved by: Committee Member Emerson Seconded by: Committee Member Chilcott 4 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 CARRIED 16. ADJOURNMENT Moved by: Committee Member Weisler Seconded by: Committee Member Chilcott THAT the Committee of Adjustment Meeting for consideration of Minor Variance Applications COA-01/26 and COA-02/26 be adjourned at 6:55 p.m.; AND THAT in accordance with the regulations of the Planning Act, Notices of Decision be circulated by the Secretary-Treasurer accordingly. CARRIED DATE: ___________________ CHAIRPERSON SECRETARY TREASURER CAO-03/26 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: MATTHEW VENDRYES LOCATION: 6356 PLANK ROAD, VIENNA TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (CAO-03/26). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on March 5th, 2026, at 6:50 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 addition of a second storey to an existing residential dwelling, located at 6356 Plank Road, east side, north of Chute Line in the Village of Vienna: 1) Section 10.9.1 to permit a Minimum Side Yard Width of 1.2m on the north side and 0.9m on the south side for a two storey dwelling, whereas, where a garage or carport is attached, 1.2m plus 0.5m for each additional or partial storey above the first storey on each side of the combined building is required. An Additional Minor Variance is also required to recognize the existing deficient Lot Frontage: 2) Section 10.4 to permit a Minimum Lot Frontage of 12.8m (with Public Water & Sanitary Services, whereas 15.0m is required. THE EFFECT of this variance is to permit an addition to an existing dwelling with an existing deficient lot frontage and one deficient side yard width, resulting in a two storey dwelling where both side yard widths are deficient in the Village Residential (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 12:00 Noon on February 26, 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 20th day of February 2026. Village of Vienna 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: March 5, 2026 REPORT: DS-08/26 FILE NO. C-07 / D12.VEND Roll # 34-01-004-001-021013 SUBJECT: Committee of Adjustment Minor Variance COA-03/26 Vendryes 6356 Plank Road, Vienna BACKGROUND Matthew Vendryes has submitted a minor variance application for their property located on the west side of Plank Road in the village of Vienna. The subject property is currently designated as ‘Residential’ in Schedule ‘C’ – Vienna Land Use and Constraints of the Bayham Official Plan. The subject property is currently zoned as Village Residential 1 (R1) in Schedule ‘H’ (Vienna) 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 addition of a second storey to an existing residential dwelling, located at 6356 Plank Road, east side, north of Chute Line in Vienna: 1) Section 10.9.1 to permit a Minimum Side Yard Width of 1.2m on the north side and 0.9m on the south side for a two storey dwelling, whereas, where a garage or carport is attached, 1.2m plus 0.5m for each additional or partial storey above the first storey on each side of the combined building is required. An Additional Minor Variance is also required to recognize the existing deficient Lot Frontage: 2) Section 10.4 to permit a Minimum Lot Frontage of 12.8m (with Public Water & Sanitary Services, whereas 15.0m is required. The effect of this variance is to permit an addition to an existing dwelling with an existing deficient lot frontage and one deficient side yard width, resulting in a two-storey dwelling where both side yard widths are deficient in the Village Residential (R1) 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 24, 2026, Staff Report DS-08/26 Vendryes Page 2 provides the planning analysis of the four (4) tests to address the addition of a second storey and the reduced side yar setback and minimum lot frontage. The municipal planner and staff concur the application meets the criteria to grant relief from the Zoning By-law Sections 10.9.1 and 10.4 and provide a supportive recommendation. STRATEGIC PLAN Not applicable. ATTACHMENTS 1. Application for Minor Variance COA-03/26 Vendryes 2. Arcadis Memorandum, dated February 24, 2026 RECOMMENDATION THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-08/26 regarding the Vendryes 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-03/26 submitted by Matthew Vendryes pursuant to Section 45 of the Planning Act for a minor variance to permit the construction of a second storey addition to an existing single-detached dwelling is granted relief from the Municipality of Bayham Zoning By-law No. Z456-2003 regulations as follows: • Section 10.9.1 to permit a Minimum Side Yard Width of 1.2m on the north side and 0.9m on the south side for a two storey dwelling, whereas, where a garage or carport is attached, 1.2m plus 0.5m for each additional or partial storey above the first storey on each side of the combined building is required; and, • Section 10.4 to permit a Minimum Lot Frontage of 12.8m (with Public Water & Sanitary Services); whereas 15.0m 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 24th, 2026 From Jeff Henry, RPP, MCIP Project No 1036 - 30260140 Subject Matthew Vendryes - Application for Minor Variance to Zoning By-law #Z456-2003 - 6356 Plank Road, Vienna Background 1. Arcadis has completed a review of Minor Variance application CAO-03/26, submitted by Matthew Vendryes for the subject property located at 6356 Plank Road in the village of Vienna. The application is requesting one (1) Minor Variances under Section 45 of the Planning Act to add a second storey to an existing residential dwelling, granting relief from the following Zoning By-law regulation: Section 10.9.1 to permit a Minimum Side Yard Width of 1.2m on the north side and 0.9m on the south side for a two storey dwelling, whereas, where a garage or carport is attached, 1.2m plus 0.5m for each additional or partial storey above the first storey on each side of the combined building is required. 2. An Additional Minor Variance is also required to recognize the existing deficient Lot Frontage: Section 10.4 to permit a Minimum Lot Frontage of 12.8m (with Public Water & Sanitary Services), whereas 15.0m is required. Subject Property and Surrounding Area 3. The subject property is currently designated as ‘Residential’ in Schedule ‘C’ Vienna Land Use and Constraints of the Bayham Official Plan. The subject property is currently zoned as Village Residential (R1) in Schedule ‘H’ (Vienna) of the Bayham Zoning By-law No. Z456-2003. 4. The subject property has a Lot Area of 7,284 square metres (1.8 acres) and a maximum lot depth of approximately 200 metres with a deficient lot frontage of 12.89 metres onto Eden Line. The property can be described as two rectangular shaped areas: a smaller area fronting Plank Road with a depth pf approximately 45m in which the existing dwelling is located, and a larger area connected to the ARCADIS MEMORANDUM Municipality of Bayham – February 24th, 2026 2 rear north, being approximately 40m in width and approximately 155m in depth of undeveloped land. The subject property is located on the east side of Plank Road, north of Chute Line. 5. The Lot currently houses a single storey detached dwelling with an attached garage, and an existing shed in the front portion of the Lot. The rear portion of the Lot contains existing outbuildings but is largely open space, with trees along the northern side boundary and a wooded area to the rear (east). If approved, the Minor Variance would allow for a second storey addition above the existing dwelling, including the garage. The addition would be vertical only with no extension of the building footprint being proposed, maintaining the existing setbacks. The southerly side yard width is currently deficient and, with the proposed addition, the existing northerly side yard width would become deficient. 6. Along both sides of Plank Road, to the north and south, are existing residential uses; some residential zoned properties that are yet to be developed; and a small number of local commercial properties and home-based businesses. To the rear (east) of the property is a wooded area that is regulated under the Long Point Region Conservation Authority (LPRCA). Planning Analysis 7. 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 existing residential dwelling is permitted. The proposed addition will add a second storey to the existing building. As such 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 purpose of the Bayham Official Plan. Do the variances maintain the general intent and purpose of the Zoning By-law? 1) Variance: To permit Minimum Side Yard Width of 1.2m on the north side and 0.9m on the south side for a two storey dwelling, whereas, where a garage or carport is attached, 1.2m plus 0.5m for each additional or partial storey above the first storey on each side of the combined building is required. ARCADIS MEMORANDUM Municipality of Bayham – February 24th, 2026 3 The intent of Section 10.9.1 of the Zoning By-law to permit a Minimum Side Yard width of at least 1.2m within the ‘R1’ Zone is to maintain the character of the existing low-rise residential area, to provide sufficient access to the rear of the property, and to ensure appropriate drainage is maintained. The intent of the additional 0.5m side yard width for each additional or partial storey above the first storey is to provide additional separation between taller buildings for the purpose of minimizing the impacts of overlook. The existing southerly side yard width is deficient at 0.9m and the existing northerly side yard width of 1.2m would become deficient with the proposed vertical addition over the existing single-storey, single detached dwelling with attached garage. Adjacent to the dwelling to the south is a stand of tall trees and a driveway for another single detached dwelling, providing for additional spatial separation and minimizing the potential for overlook. No drainage concerns have been indicated. Adjacent to the dwelling to the north is additional trees and shrubs and a substantial setback to a detached garage/accessory building for a single detached dwelling set further back from the lot line, providing for substantial spatial separation and minimizing the potential for overlook In my opinion, the proposed variance maintains the general intent and purpose of the Zoning By-law as there is no reduction in the existing separation and/or buffering from to neighbouring lots, access to the rear of the property is maintained as is, and grading plans will be required at the building permit stage to confirm appropriate drainage is maintained. Variance: To permit a Minimum Lot Frontage of 12.8m (with Public Water & Sanitary Services); whereas 15.0m is required. The intent of Section 10.4 of the Zoning By-law to permit a Minimum Lot Frontage of 15.0m within the ‘R1’ Zone is to maintain the character and streetscape of the existing low-rise residential area. The existing Lot Frontage is deficient, and this Minor Variance is proposed to recognize this existing deficiency. There will be no additional impact the streetscape or character of the neighbourhood from its approval and so, in my opinion, the proposed variance meets the general intent and purpose of the Zoning By-law. Are the variances minor in nature? The proposed addition is vertical only and will not reduce the width of the existing side yards, which, as reviewed above, is not anticipated to impact adjacent properties. Further, recognition of existing deficiencies is technical in nature and does not add new impacts to the streetscape or neighbourhood. Therefore, in my opinion, the variances are minor in nature. ARCADIS MEMORANDUM Municipality of Bayham – February 24th, 2026 4 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 second storey addition to an existing 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 general intent of the Zoning By-law. Conclusions and Recommendations 8. 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 second storey addition to an existing single-detached dwelling: • Section 10.9.1 to permit a Minimum Side Yard Width of 1.2m on the north side and 0.9m on the south side for a two storey dwelling, whereas, where a garage or carport is attached, 1.2m plus 0.5m for each additional or partial storey above the first storey on each side of the combined building is required; and, • Section 10.4 to permit a Minimum Lot Frontage of 12.8m (with Public Water & Sanitary Services); whereas 15.0m is required. Jeff Henry Arcadis Professional Services (Canada) Inc. Jeff Henry, RPP, MCIP Consulting Planner to the Municipality of Bayham CAO-03/26 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: MATTHEW VENDRYES LOCATION: 6356 PLANK ROAD, VIENNA TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Minor Variance (CAO-03/26). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on March 5th, 2026, at 6:50 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 addition of a second storey to an existing residential dwelling, located at 6356 Plank Road, east side, north of Chute Line in the Village of Vienna: 1) Section 10.9.1 to permit a Minimum Side Yard Width of 1.2m on the north side and 0.9m on the south side for a two storey dwelling, whereas, where a garage or carport is attached, 1.2m plus 0.5m for each additional or partial storey above the first storey on each side of the combined building is required. An Additional Minor Variance is also required to recognize the existing deficient Lot Frontage: 2) Section 10.4 to permit a Minimum Lot Frontage of 12.8m (with Public Water & Sanitary Services, whereas 15.0m is required. THE EFFECT of this variance is to permit an addition to an existing dwelling with an existing deficient lot frontage and one deficient side yard width, resulting in a two storey dwelling where both side yard widths are deficient in the Village Residential (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 12:00 Noon on February 26, 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 20th day of February 2026. Village of Vienna 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