HomeMy WebLinkAboutMay 07, 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, May 7, 2026 6:45 p.m. A. Minor Variance Application COA-05/26 Romano 48 Milton St, Port Burwell The March 7, 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 A. Appointment of Secretary-Treasurer 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-05/26 Romano 48 Milton St, Port Burwell THE PURPOSE of this variance is to request relief from Section 10.6 of the Zoning By-law to permit a maximum lot coverage of 38%, whereas a maximum of 30% is permitted in the Village Residential (R1) Zone, for the property municipally known as 48 Milton Street, located on the west
side, north of Newton Street in Port Burwell.. 1) Section 10.6 to permit a maximum lot coverage of 38%, whereas a maximum lot coverage of 30% is permitted in the Village Residential (R1) Zone.
THE EFFECT of this variance is to permit increased lot coverage to a maximum of 38% and to facilitate the construction of a single detached dwelling on the subject property, which would
otherwise not comply with the lot coverage provisions of the Village Residential (R1) Zone. 5. STAFF PRESENTATION
A. Report DS-17/26 by Aaron Bell, Secretary-Treasurer re Minor Variance COA-05/26 Romano 48 Milton St, Port Burwell 6. PRESENTATIONS BY APPLICANT/AGENT 7. PUBLIC SUBMISSIONS 8. COMMITTEE QUESTIONS AND DISCUSSION 9. DECISION OF COMMITTEE (Motions)
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10. ADJOURNMENT
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COMMITTEE OF ADJUSTMENT MINUTES 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 was held using hybrid technologies via Zoom and livestreamed on YouTube. COMMITTEE MEMBERS PRESENT: ED KETCHABAW
RAINEY WEISLER *via zoom
TIMOTHY EMERSON DAN FROESE
ABSENT: SUSAN CHILCOTT
STAFF PRESENT: CAO THOMAS THAYER CLERK ALAN BUSHELL SECRETARY/TREASURER MARGARET UNDERHILL PUBLIC ATTENDEES A: MIKE WALL 1. CALL TO ORDER Chair Ketchabaw called the meeting to order at 6:50 p.m. 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 February 19, 2026 Moved by: Committee Member Froese Seconded by: Committee Member Weiser THAT the minutes from the Committee of Adjustment Meeting held February 19, 2026 be approved as presented.
CARRIED
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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 Margaret Underhill, Secretary/Treasurer provided clarification that a minor clerical error was corrected to describe the area is to the east of the property.
6. PRESENTATIONS BY APPLICANT/AGENT
Applicant in attendance. 7. PUBLIC SUBMISSIONS Abutting property owner, Mike Wall, expressed concerns regarding property setbacks and encroachments if the building was to be expanded in the future. Margaret Underhill, Secretary/Treasurer, provided clarification that the building is planned to have
vertical expansion in the future. Mike Wall was satisfied with the response and had no further concerns. 8. COMMITTEE QUESTIONS AND DISCUSSION Froese, building up near a flood plane is smart (maybe delete comment, kidding) 9. DECISION OF COMMITTEE (Motions)
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Moved by: Committee Member Emerson Seconded by: Committee Member Weiser 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.
CARRIED 10. ADJOURNMENT Moved by: Committee Member Froese Seconded by: Committee Member Weiser THAT the Committee of Adjustment Meeting for consideration of Minor Variance Applications COA-03/26 be adjourned at 6:59 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-05/26
REVISED
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: VINCE & EVA MARIA
ROMANO
LOCATION: 48 MILTON STREET, PORT
BURWELL
TAKE NOTICE that the Municipality of Bayham has received a complete application for a
proposed Minor Variance (COA-05/26).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a
public meeting on Thursday, May 7th, 2026, at 6:45 p.m. 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’s YouTube Channel.
THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations for
the construction of a single-detached dwelling, located at 48 Milton Street, west side, north of
Newton Street, in Port Burwell:
• Section 10.6 to permit a Maximum Lot Coverage of 38%, where a Maximum Lot
Coverage of 30% is required.
THE EFFECT of this variance is to permit a single-detached dwelling 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. Written comments submitted on or before 12:00 Noon on Wednesday, April 29th,
2026 to abell@bayham.on.ca or at the municipal office will 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 amendment may be obtained at the
Municipal Office.
Dated at the Municipality of Bayham this 24th day of April 2026.
KEYMAP
Aaron Bell
Planning Coordinator
Municipality of Bayham
56169 Heritage Line, P.O. Box 160
Straffordville, ON, N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
E: abell@bayham.on.ca
W: www.bayham.on.ca
SUBJECT LANDS
REPORT
DEVELOPMENT SERVICES
TO: Committee of Adjustment Members
FROM: Aaron Bell, Secretary/Treasurer Committee of Adjustment
DATE: May 7, 2026
REPORT: DS-17/26 FILE NO. C-05 / D17.ROMANO
Roll #3401-002-001-10202-0000 SUBJECT: Committee of Adjustment Minor Variance COA-05/26 Romano
48 Milton St, Port Burwell
BACKGROUND
A minor variance application has been submitted by Vince and Eva Maria Romano for a property located on the west side of Milton St in the village of Port Burwell. The subject property is currently designated as ‘Residential’ in Schedule ‘D’ – Port Burwell Land Use and Constraints of the Bayham Official Plan. The subject property is currently zoned as Village Residential 1 (R1) in Schedule ‘I’ (Port Burwell) of the Bayham Zoning By-law No. Z456-2003. The purpose of this variance is to request relief from Section 10.6 of the Zoning By-law to permit
a maximum lot coverage of 38%, whereas a maximum of 30% is permitted in the Village Residential (R1) Zone, for the property municipally known as 48 Milton Street, located on the west side, north of Newton Street in Port Burwell..
1) Section 10.6 to permit a maximum lot coverage of 38%, whereas a maximum lot coverage of 30% is permitted in the Village Residential (R1) Zone.
The effect of this variance is to permit increased lot coverage to a maximum of 38% and to facilitate the construction of a single detached dwelling on the subject property, which would otherwise not comply with the lot coverage provisions of 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 April 29, 2026, provides a planning analysis of these tests in relation to the requested increase in lot coverage to 38%, whereas 30% is permitted.
One written public comment was received and is included as Attachment 3 for the Committee’s consideration.
Staff Report DS-17/26 Romano Page 2
The municipal planner and staff are satisfied that the application meets the criteria for a minor
variance and support granting relief from Section 10.6 of the Zoning By-law. STRATEGIC PLAN Not applicable. ATTACHMENTS 1. Application for Minor Variance COA-05/26 Romano 2. County Memorandum, dated April 29, 2026 3. Public Comment - Jackson RECOMMENDATION THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-17/26 regarding the Romano minor variance be received; AND THAT the Committee of Adjustment considered all written and oral submissions received on this application, the effect of which helped the Committee to make an
informed decision; AND WHEREAS the Committee agrees that the proposed variance as presented meets
Section 45.1(1) of the Planning Act and is considered minor; THEREFORE, Application COA-05/26, submitted by Vince and Eva Maria Romano
pursuant to Section 45 of the Planning Act, for a minor variance to permit increased lot coverage for the construction of a single detached dwelling, is granted relief from the Municipality of Bayham Zoning By-law No. Z456-2003 as follows:
• Section 10.6 to permit a maximum lot coverage of 38%, whereas a maximum lot
coverage of 30% is permitted.
Respectfully Submitted by: Reviewed by:
Aaron Bell Thomas Thayer, CMO, AOMC
Secretary/Treasurer Committee of Adjustment Chief Administrative Officer
Date: April 28, 2026 To: Municipality of Bayham From: Michela Testani, Junior Planner Report No.: DS-17/26 Re: Vince and Eva Maria Romano – Application for Minor Variance COA-05-26 to Zoning By-law
Z456-2003 – 48 Milton Street, Port Burwell
Background The County of Elgin has completed a review of the Minor Variance application CAO-05/26, submitted by Vince and Eva Maria Romano for the subject lands located at 48 Milton Street in Port Burwell. The application is requesting a Minor Variance under Section 45 of the Planning Act to develop a one storey single-detached dwelling, granting relief from the following Zoning By-law regulations:
• Section 10.6 to permit a Maximum Lot Coverage of 38%, where a Maximum Lot Coverage of 30% is required. Subject Lands and Surrounding Area The subject lands are currently designated “Residential” in Schedule D Port Burwell: Land Use and Constraints of the Municipality of Bayham Official Plan. The subject lands are currently zoned as “Village Residential (R1)” in Schedule I (Port Burwell) of the Municipality of Bayham Zoning By-law Z456-2003.
The subject lands have a Lot Area of approximately 0.08 hectares (0.19 acres) and a lot depth of approximately 40 metres with a frontage of 19 metres onto Milton Street. The subject lands are located on the west side of Milton Street, north of Newton Street. The subject lands are currently vacant. If approved, the Minor Variance for maximum lot coverage would permit a one-storey single-detached dwelling with a lot coverage of 38%. Surrounding the subject lands to the north, east, south and west, there are other residential uses such as single-detached dwellings that are also zoned Village Residential (R1). Public Comments One written submission was received on April 29, 2026 by staff in regards to the proposed development. The correspondence outlines concerns for what has been interpreted as an increase in
lot size from 30% to 38%. The full written submission is included in Appendix 1 of this report. In response to this concern, the parameters of the proposal have been clarified that the proposed increase is for the lot coverage of buildings and structures, not an increase in lot size. The full response to the written submission is included in Appendix 2 of this report.
Planning Analysis When presented with an Application for Minor Variance, the Committee of Adjustment must be
satisfied the application meets the “Four Tests” of subsection 45(1) of the Planning Act: Does the variance maintain the intent of the Official Plan? The subject lands are designated “Residential” which is intended to encourage and support the development of single-detached dwellings to ensure a diversity of low-density residential built-form. Further, development within the “Residential” land use designation shall be compatible with the existing adjacent and surrounding land uses. The proposed one storey single-detached dwelling development is permitted within the “Residential” land use designation. The proposed development is similar in size and location to the neighbouring dwellings on lots similar to the subject lands. Thus, the increased maximum lot coverage the development would impose would be compatible and in-keeping with the existing low-rise
development in the surrounding area. Does the variance maintain the intent of the Zoning By-law? The subject lands are zoned Village Residential (R1) within Zoning By-law Z456-2003. Section 10.6 provisions permit a maximum of 30% lot coverage, whereas the proposed development requires a maximum of 38% lot coverage. The intent of Section 10.6 in the Zoning By-law is to maintain a low-rise density character within the existing residential area. The proposed lot coverage by the development does not alter the density within the area, maintaining a low-rise density streetscape. Is the variance an appropriate use of the land? The proposed minor variance is desirable for the appropriate development of the land as it will facilitate
the construction of a one storey single-detached dwelling on the subject lands at a scale and location that is compatible with the surrounding neighbourhood. It is in conformity with the policies of the Official Plan and meets the intent of the Zoning By-law. Is the variance minor in nature? While the Planning Act does not contain a definition of what is considered minor, the effect of the increased lot coverage and planning principles should be considered. The proposed lot coverage of 38% is 8% higher than the permitted maximum 30% lot coverage. This will not present significant impacts to adjacent properties or overall neighbourhood given all required setbacks are maintained or exceeded. Conclusions and Recommendations
Subject to receiving further questions and comments from the Committee of Adjustment and members of the public, staff is in a position to state that the application, as proposed: i. Is in keeping with the general intent of the Official Plan; ii. Is in keeping with the general intent of Zoning By-law Z456-2003, as amended, for the Municipality of Bayham; iii. Is desirable and will result in the appropriate development of the area; and, iv. Is minor in nature not causing any adverse impact that may result from granting this application.
Upon the Committee of Adjustment making a decision, the required Notice of Decision for the Minor Variance will be circulated within 15 days of the meeting. There is a 20-day appeal period during which objections to the decision can be submitted to the Ontario Land Tribunal.
The Committee of Adjustment should be able to demonstrate why the application does or does not meet the “Four Tests” for a minor variance under the Planning Act and state those reasons in making a decision. Respectfully submitted by: Michela Testani Junior Planner Reviewed by: Mat Vaughan Director of Planning and Development (Elgin County)
County of Elgin Planning Department 40 Sunset Drive St. Thomas, Ontario N5R 5V1 Canada Phone: 519-631-1460
Fax: 519-631-4549
Appendix 1: Written Public Comment - April 29, 2026 Written comment to be read at the public meeting:
Dear Mr. Bell, I would like to formally oppose the minor variance request for the property located at 48 Milton Street. I believe that increasing the lot size from 30% to 38% represents a significant change. An increase of this magnitude, approximately 26%, is excessive and not justified. The existing 30% limit should remain in place, as it serves a valid purpose and should not be altered without strong and compelling reasons. Thank you, Joel Jackson
Appendix 2: Written Public Comment Response Hi Joel, Thank you for bringing forward your concerns for the proposal. I would like to note that the application is not to increase the size of the lot, but rather to increase the size of the proposed one storey single-detached dwelling. The maximum permitted lot coverage within the Zoning By-law for this zone is 30%, meaning that all buildings and roofed structures at grade are permitted to cover an area up to 30% of the lot size. The proposed development for the one storey single-detached dwelling is to increase the permitted area of all buildings and roofed structures from a maximum of 30% to 38% coverage. The lot size is not changing, instead the permitted area of all
buildings and roofed structures within the lot is proposed to be increased by 8%. Thank you, Michela Testani