HomeMy WebLinkAboutMay 21, 2026 - Council - 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 21, 2026 6:45 p.m. A. Minor Variance Application COA-06/26 Sandytown Retirement Home, 9344 Plank Rd, Straffordville B. Minor Variance Application COA-07/26 Bilodeau, 8865 Culloden Road, Eden The May 21, 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 May 7, 2026
4. APPLICATION A. Minor Variance Application COA-06/26 Sandytown Retirement Home, 9344 Plank Rd, Straffordville THE PURPOSE of this variance is to request relief from the Municipality of Bayham Zoning By-
law to permit a 218 m² single-storey addition to the existing institutional building known as “Sandytown Retirement Home,” from the applicable provisions of the Institutional (I) Zone.
1) Section 24.4 to permit a maximum Lot Coverage of 47%, whereas a maximum of 40% is permitted in the Institutional (I) Zone.
2) Section 24.8 to permit a minimum Rear Yard Depth of 1.2 metres, whereas a minimum of 4.0 metres is required in the Institutional (I) Zone. THE EFFECT of this variance is to facilitate the construction of a 218 m² single-storey addition to the existing institutional building known as Sandytown Retirement Home, resulting in an increase in permitted lot coverage to 47% (whereas 40% is permitted) and a reduction in the required rear yard depth to 1.2 metres (whereas 4.0 metres is required).
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B. Minor Variance Application COA-07/26 Bilodeau, 8865 Culloden Road, Eden
THE PURPOSE application is requesting a Minor Variance under Section 45 of the Planning Act to facilitate the construction of an extension to an existing attached garage:
• Section 5.8 to permit a Front Yard Depth of 11.924 metres where a minimum Front Yard Depth of 15.0 metres is required. 5. STAFF PRESENTATION
A. Report DS-18/26 by Aaron Bell, Secretary/Treasurer re Minor Variance COA-06/26 Sandytown Retirement Home 9344 Plank Rd, Straffordville B. Report DS-19/26 by Aaron Bell, Secretary/Treasurer re Minor Variance COA-07/26 Bilodeau, 8865 Culloden Road, Eden 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, 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 was held using hybrid technologies via Zoom and livestreamed on YouTube. COMMITTEE MEMBERS PRESENT: ED KETCHABAW RAINEY WEISLER
SUSAN CHILCOTT TIMOTHY EMERSON DAN FROESE
STAFF PRESENT: CLERK ALAN BUSHELL
SECRETARY/TREASURER AARON BELL PUBLIC ATTENDEES A: VINCE ROMANA
1. CALL TO ORDER Chair Ketchabaw called the meeting to order at 6:45 pm A. Appointment of Secretary-Treasurer Moved by: Committee Member Emerson Seconded by: Committee Member Froese WHEREAS the position of Secretary-Treasurer has been vacated by Margaret Underhill; AND WHEREAS it is deemed expedient to appoint a new Secretary-Treasurer effective immediately; NOW THEREFORE, the Committee of Adjustment resolves the following: THAT Aaron Bell is appointed as Secretary-Treasurer of the Committee of Adjustment; AND THAT this appointment is effective immediately. CARRIED 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
3. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
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A. Committee of Adjustment Meeting held March 5, 2026 Moved by: Committee Member Emerson Seconded by: Committee Member Weisler THAT the minutes from the Committee of Adjustment Meeting held March 5, 2026 be approved as presented.
CARRIED
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 Vince Romano was acknowledged as present, and provided to the Chair that he had no further comment to add. 7. PUBLIC SUBMISSIONS Aaron Bell, Secretary-Treasurer, provided a verbal overview of written submissions. Opposition, from two members of the public were submitted. Areas of concern, included: - Notice periods prescribed by the province are too short. - Opposition to general development in the community.
- Opposition to the possibility that community development could lead to renters moving in. - Concerns over lot sizes being increased. - Concerns that the proper permitting process may not be being followed.
Aaron Bell, provided response to the concerns, pointing to the scope of the comments possibly being outside the purview of a Minor Variance. He also spoke to a possible misunderstanding that
the lot size is not proposed to be increased, it instead is proposing that more of the lot be covered with building or deck. A further clarification was brought forward that the building permitting
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process is being adhered to in this process. 8. COMMITTEE QUESTIONS AND DISCUSSION
Committee Member Emerson, asked if the increased lot coverage would affect setbacks. Aaron Bell, Secretary-Treasurer, the proposal does not affect setbacks. 9. DECISION OF COMMITTEE (Motions) Moved by: Committee Member Froese
Seconded by: Committee Member Chilcott 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. CARRIED 10. ADJOURNMENT Moved by: Committee Member Emerson Seconded by: Committee Member Froese THAT the Committee of Adjustment Meeting for consideration of Minor Variance Applications COA-05/26 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-06/26
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: JOHN THIESSEN (AGENT)
LOCATION: 9344 PLANK ROAD, STRAFFORDVILLE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a
proposed Minor Variance (CAO-06/26).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of
Bayham will hold a public meeting on MAY 21st, 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
a 218m² single-storey addition to the existing building known as ‘Sandytown Retirement Home’,
located at 9344 Plank Road, east side, north of 1st Street in the Village of Straffordville:
• Section 24.4 to permit a maximum Lot Coverage of 47%, whereas a maximum of 40%
is required.
• Section 24.8 to permit a minimum Rear Yard Depth of 1.2 metres, whereas a minimum
of 4.0 metres is required.
THE EFFECT of this variance is to permit a 218m² single storey addition to an existing institutional
building resulting in a building that covers more than the maximum Lot Coverage and is deficient
in its rear yard setback to the adjacent institutional use.
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 pm on May 13th, 2026, to be included in the Committee of
Adjustment agenda. Comments received by 9:00 a.m. on May 18th, 2026 will be
incorporated into the verbal report presented at the public meeting.
IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a
written request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by
contacting the Municipal Office.
Dated at the Municipality of Bayham this 5th day of May, 2026.
Aaron Bell
Planning Coordinator
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: abell@bayham.on.ca
W: www.bayham.on.ca
COA-07/26
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: RICK & DAWN BILODEAU
LOCATION: 8865 CULLODEN ROAD, EDEN
TAKE NOTICE that the Municipality of Bayham has received a complete application for a
proposed Minor Variance (COA-07/26).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a
public meeting on Thursday, May 21st, 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 an extension to an existing attached garage, located at 8865 Culloden Road,
west side, north of Heritage Line, in Eden:
• Section 5.8 to permit a Front Yard Depth of 11.924 metres where a minimum Front Yard Depth
of 15.0 metres is required.
THE EFFECT of this variance is to permit an extension to an existing attached garage in the
Agricultural (A1-21) 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, May 13th,
2026 to abell@bayham.on.ca or at the municipal office will be included in the Committee
of Adjustment agenda. Comments received by 9:00 a.m. on May 18th, 2026 will be
incorporated into the verbal report presented at the public meeting.
IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a
written request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed Minor Variance may be obtained at the
Municipal Office.
Dated at the Municipality of Bayham this 6th day of May 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 21, 2026
REPORT: DS-18/26 FILE NO. C-06/ D18.Sandytown Retirement Home
Roll #3401-000-004-19902-0000 SUBJECT: Committee of Adjustment Minor Variance COA-06/26 Sandytown Retirement Home
9344 Plank Rd, Straffordville
BACKGROUND
A minor variance application has been submitted by John Thessien for a 218 m² single-storey addition to the existing building known as “Sandytown Retirement Home,” located at 9344 Plank Road, east side, north of 1st Street in the Village of Straffordville. The subject property is currently designated as ‘Institutional’ in Schedule ‘B’ – Straffordville Land Use and Constraints of the Bayham Official Plan. The subject property is currently zoned as Institutional (I) in Schedule ‘F’ (Straffordville) of the Bayham Zoning By-law No. Z456-2003.
The purpose of this variance is to request relief from the Municipality of Bayham Zoning By-law to permit a 218 m² single-storey addition to the existing institutional building known as “Sandytown Retirement Home,” from the applicable provisions of the Institutional (I) Zone.
1) Section 24.4 to permit a maximum Lot Coverage of 47%, whereas a maximum of 40% is permitted in the Institutional (I) Zone.
2) Section 24.8 to permit a minimum Rear Yard Depth of 1.2 metres, whereas a minimum of 4.0 metres is required in the Institutional (I) Zone. The effect of this variance is to facilitate the construction of a 218 m² single-storey addition to the existing institutional building known as Sandytown Retirement Home, resulting in an increase in permitted lot coverage to 47% (whereas 40% is permitted) and a reduction in the required rear yard depth to 1.2 metres (whereas 4.0 metres is required). 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 May 14, 2026, provides a planning analysis of these tests in relation to the requested increase in lot coverage to 47%, whereas a maximum of 40% is permitted, and the reduction in rear yard depth to 1.2 metres, whereas a minimum of 4.0 metres is required under the Zoning By-law.
Staff Report DS-18/26 Sandytown Retirement Home Page 2
The Municipal Planner and staff are satisfied that the application meets the criteria for a minor variance and support the granting of relief from Sections 24.4 and 24.8 of the Zoning By-law. STRATEGIC PLAN Not applicable. ATTACHMENTS 1. Application for Minor Variance COA-06/26 Sandytown Retirement Home 2. Arcadis Memorandum, dated May 14, 2026 RECOMMENDATION THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-18/26 regarding the Sandytown Retirement Home 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-06/26, submitted by John Thiessen pursuant to Section
45 of the Planning Act, for a minor variance to permit a 218 m² single-storey addition to the existing institutional building known as Sandytown Retirement Home, is granted relief from the Municipality of Bayham Zoning By-law No. Z456-2003 as follows:
• Section 24.4 to permit a maximum Lot Coverage of 47%, whereas a maximum of
40% is required.
• Section 24.8 to permit a minimum Rear Yard Depth of 1.2 metres, whereas a
minimum of 4.0 metres is required.
Respectfully Submitted by: Reviewed by:
Aaron Bell Lorne James
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 May 14th, 2026
From Jeff Henry, RPP, MCIP Project No 1038 - 30260140
Subject Sandytown Retirement Home - Application for Minor Variance
to Zoning By-law #Z456-2003 - 9344 Plank Road, Vienna
Background
1. Arcadis has completed a review of Minor Variance application CAO-06/26,
submitted by John Thiessen, agent for the subject property located at 9344
Plank Road in the village of Straffordville. The application is requesting two (2)
Minor Variances under Section 45 of the Planning Act to construct an addition to
an existing retirement home, granting relief from the following Zoning By-law
regulations:
• Section 24.4 to permit a maximum Lot Coverage of 47%, whereas a maximum
of 40% is required.
• Section 24.8 to permit a minimum Rear Yard Depth of 1.2 metres, whereas a
minimum of 4.0 metres is required.
2. The subject property previously received Minor Variance A-03/19 to legalize the
following deficiencies of the existing building, which continue to be in force and
effect:
• Section 24.6 to permit a minimum Front Yard Depth (First Street) of 8.7
metres, whereas 15.0 metres is required.
• Section 24.7 to permit a minimum Interior Side Yard width abutting
residential use (east side) of 0.7 metres, whereas 3.0 metres is required.
• Section 4.22.1 b) for the minimum setback from the centre line of the right-of-
way of a County Road (Plank Road) of 17.3 metres, whereas 26.0 metres
metres is required.
Subject Property and Surrounding Area
3. The subject property is designated as ‘Institutional’ in Schedule ‘B’ Straffordville
Land Use and Constraints of the Bayham Official Plan. The subject property is
similarly designated in Schedule ‘B1’ of the adopted new Bayham Official Plan.
ARCADIS MEMORANDUM
Municipality of Bayham – February 24th, 2026
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The subject property is currently zoned as Institutional (I) in Schedule ‘F’
(Straffordville) of the Bayham Zoning By-law No. Z456-2003.
4. The subject property has a Lot Area of 1,699 square metres (0.42 acres) and a
lot depth of approximately 42 metres. The lot frontage is 33.5 metres along 1st
Street, with a flankage of 42.3m along Plank Road. The property can be
described as generally rectangular in shape with the existing building situated
central to the property. The subject property is located on the north-east
intersection of Plank Road and 1st Street.
5. The Lot currently houses a single storey retirement home, covering 564m².
There is limited parking directly accessed from 1st Street. Additional parking to
satisfy minimum parking requirements is provided via an existing agreement
with the Municipality of Bayham to share parking on the adjacent property to the
north, being the Straffordville Public Library.
6. The proposed addition would be a single storey addition to the north of the
existing building, connected via an enclosed connection to the rear of the
buildings. The addition will provide a further 7 private rooms (each with a private
washroom) and a gathering room. The proposed building would not encroach
any further into the reduced setbacks approved for the existing building via
previous Minor Variance A-03/19.
7. As mentioned above, the abutting property to the north is the location of the
Straffordville (Public) Library, and an existing Pump House. To the east, across
1st Street to the south, and across Plank Road to the west are existing low-rise
residential uses. To the north and south of the subject property, along Plank
Road (which is a County Road) are commercial uses including a variety store
and an Auto Sales and Service business.
Planning Analysis
8. 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?
Section 4.2.2a) states new development in Tier I Settlement Areas ‘shall
comprehensively develop the land in question, serve as a logical extension to
the existing built-up area, be compact, and minimize the consumption of land
and infrastructure’.
The existing Institutional use (residential home) is permitted. The proposed
addition will be single storey and not protrude any further into the reduced
setbacks of the existing single storey building previously approved through
Minor Variance A-03/19. It will be connected to the existing building via an
enclosed corridor. As such the building addition is a logical expansion of the
ARCADIS MEMORANDUM
Municipality of Bayham – February 24th, 2026
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existing building; and 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 a maximum Lot Coverage of 47%, whereas a maximum of
40% is required.
The intent of Section 24.4 of the Zoning By-law to permit a maximum Lot
Coverage of 40% in the Institutional (I) Zone is to provide for adequate drainage
and limit the overall mass of the building on the lot.
Municipal Staff comments have been received confirming that there are no
concerns with drainage as a result of this application.
In my opinion, the proposed variance maintains the general intent and purpose
of the Zoning By-law as the addition makes use of a landscaped area to the side
of the existing building that is under-used. The landscaped areas along the front
and flankage yards will remain and therefore the addition will cause little impact
to the streetscape. The setback to the existing residential use to the east will be
greater than the existing building and is already screened by a privacy fence.
Variance: To permit a minimum Rear Yard Depth of 1.2 metres, whereas a
minimum of 4.0 metres is required.
The intent of Section 24.8 of the Zoning By-law to permit a Minimum Rear Yard
of 4.0m within the ‘I’ Zone is to provide sufficient separation from abutting uses
to permit drainage and landscaping. The technical ‘rear yard’ (north boundary
line) of the subject property functions as a side yard given the subject property is
a corner lot. The abutting use along this boundary is a large asphalt area
containing parking spaces, to which the applicant has shared use of under an
Agreement with the Municipality of Bayham. Separation between these uses is
not required given the relationship between them.
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 Lot Coverage is an increase of 7%, or 119m² over the 1,699m²
Lot Area and proper drainage can be maintained. Due to the functional nature of
the setback, the Rear Yards reduction maintains sufficient separation given the
uses and the agreement in place regarding shared parking. Therefore, in my
opinion, the variances are minor in nature.
ARCADIS MEMORANDUM
Municipality of Bayham – February 24th, 2026
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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 addition to
an existing institutional use, providing additional retirement home beds, and is of
a scale and siting that is compatible with the surrounding uses. Municipal staff
have confirmed there are no concerns regarding how the existing shared
parking arrangement has functioned and that it will be maintained through the
forthcoming Site Plan Agreement.
Conclusions and Recommendations
9. We note that the existing variances approved under A-03/19 (as noted in
Section 2. Above) and the Shared Parking Agreement with the Municipality of
Bayham will continue should this application be approved, the latter of which is
required to ensure compliance with minimum parking requirements is
maintained.
10. 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 an addition to an existing
single-storey institutional building:
• Section 24.4 to permit a maximum Lot Coverage of 47%, whereas a maximum
of 40% is required.
• Section 24.8 to permit a minimum Rear Yard Depth of 1.2 metres, whereas a
minimum of 4.0 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: Aaron Bell, Secretary Treasurer & Planning Coordinator
DATE: May 21, 2026
REPORT: DS-19/26 FILE NO. C-07 / D19.BILODEAU
Roll #3401-000-007-05730-0000
SUBJECT: Committee of Adjustment Minor Variance COA-07/26 Bilodeau
8865 Culloden Road, Eden
Background
The Municipality of Bayham has completed a review of the Minor Variance application CAO-07/26, submitted by Rick and Dawn Bilodeau for the subject lands located at 8865 Culloden Rd. The application is requesting a Minor Variance under Section 45 of the Planning Act to facilitate the construction of an extension to an existing attached garage:
• Section 5.8 to permit a Front Yard Depth of 11.924 metres where a minimum Front Yard Depth of 15.0 metres is required. Subject Lands and Surrounding Area The subject lands are currently designated “Agricultural” in Schedule A1 Land Use and Constraints of the Municipality of Bayham Official Plan. The subject lands are currently zoned as “Agricultural 1 site specific 21 (A1-21)” in Schedule A Map No.4 of the Municipality of Bayham Zoning By-law Z456-2003. The subject lands have a Lot Area of approximately 1.7 hectares (4.2 acres) and a lot depth of
approximately 114.309 metres with a frontage of 85 metres onto Culloden Rd. The subject lands are located on the west side of Culloden Road, north of Heritage Line. The subject lands currently contain a single detached dwelling with an attached garage. The proposed Minor Variance would facilitate an extension to the existing attached garage by permitting a reduced front yard depth of 11.924 metres, whereas a minimum front yard depth of 15.0 metres is required. The surrounding area consists of residential uses zoned Open Space 1 (OS1) and Estate Residential (ER) to the north, agricultural uses zoned Agricultural 1 (A1) to the east and west, and residential uses zoned Estate Residential (ER) to the south. Public Comments
Staff Report DS-17/26 Romano Page 2
No written comment submissions have been received. 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 “Agriculture” in Schedule A1 of the Municipality of Bayham Official Plan. The Agricultural designation permits agricultural uses and recognizes existing residential uses on existing lots of record. The proposed Minor Variance would facilitate an extension to an existing attached garage accessory to the existing single detached dwelling on the subject lands. The proposal does not alter the existing residential use of the property and maintains compatibility with the surrounding agricultural and rural residential character of the area. The proposed reduction in front yard depth is limited in nature and is not anticipated to create adverse impacts on adjacent properties or the surrounding area. As such, the proposal maintains the general intent and purpose of the Official Plan.
Does the variance maintain the intent of the Zoning By-law? The subject lands are zoned Agricultural 1 site specific 21 (A1-21) within Zoning By-law Z456-2003. Section 5.8 of the Zoning By-law requires a minimum Front Yard Depth of 15.0 metres, whereas the proposed garage extension would provide a Front Yard Depth of 11.924 metres. The intent of the Front Yard Depth provision is to ensure appropriate setbacks from the municipal roadway and maintain a consistent development pattern along the street. The proposed garage extension generally aligns with the existing legal non-complying dwelling and does not establish a new or substantially different front yard setback condition on the subject lands. The proposed reduction maintains an appropriate setback from Culloden Road and is not anticipated to negatively impact on the character of the surrounding area or adjacent properties. 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 extension of an existing attached garage accessory to the existing single detached dwelling on the subject lands. The proposed addition remains compatible with the surrounding rural and residential character of the area and maintains the existing use of the property. The proposal is consistent with the surrounding development pattern and conforms with the policies of the Official Plan and the intent of the Zoning By-law Is the variance minor in nature? While the Planning Act does not define what is considered minor, the impact of the variance rather than the magnitude should be considered. The proposed reduction in Front Yard Depth from 15.0 metres to 11.924 metres is not anticipated to create significant adverse impacts on adjacent properties or the surrounding area. The proposed garage extension generally aligns with the existing legal non-
complying dwelling and maintains the established building line on the subject lands. The proposed garage extension maintains appropriate setbacks from other lot lines and is generally in keeping with the existing development pattern along Culloden Road. As such, the variance is considered minor in nature. Conclusions and Recommendations
Staff Report DS-17/26 Romano Page 3
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. RECOMMENDATION THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-19/26 regarding the Bilodeau minor variance be received; AND THAT the Committee of Adjustment considered all written and oral submissions received on this application, the effect of which helped the Committee to make an informed decision; AND WHEREAS the Committee agrees that the proposed variance as presented meets
Section 45.1(1) of the Planning Act and is considered minor; THEREFORE, Application COA-07/26, submitted by Rick and Dawn Bilodeau pursuant
to Section 45 of the Planning Act, for a minor variance to permit the extension of an existing attached garage, is granted relief from the Municipality of Bayham Zoning By-law No. Z456-2003 as follows:
o Section 5.8 to permit a Front Yard Depth of 11.924 metres where a minimum Front Yard Depth of 15.0 metres is required. ATTACHMENTS
1. Application for Minor Variance COA-07/26 Bilodeau 2. LPRCA comments Respectfully Submitted by: Reviewed by:
Aaron Bell Lorne James
Secretary/Treasurer Committee of Adjustment Chief Administrative Officer
Municipality of Bayham May 7, 2026
56169 Heritage Line
Straffordville, ON
N0J 1Y0
Long Point Region Conservation Authority (LPRCA) staff have had an opportunity to review the
application COA-07-26 and can provide the following comments based on LPRCA’s plan review
responsibilities for the Municipality of Bayham’s consideration.
It is staff’s understanding that the submitted application would permit the construction of an
addition to an existing garage.
Delegated Responsibility from the Minister of Natural Resources, Chapter 5.2 of the Provincial
Planning Statement, 2024
Conservation Authorities have been delegated responsibilities from the Ministry of Natural
Resources to represent the provincial interests regarding natural hazards encompassed by
Chapter 5.2 of the Provincial Planning Statement, 2024 (PPS). The overall intent of Chapter 5.0 -
Protecting Public Health and Safety of the PPS is to reduce the potential public cost and/or risk to
Ontario’s residents from natural or human-made hazards. As such, “development shall be directed
away from areas of natural or human-made hazards where there is an unacceptable risk to public
health or safety or of property damage, and not create new or aggravate existing hazards.”
The application is subject to the following subsections of Chapter 5.2 of the Provincial Planning
Statement:
5.2.2 Development shall generally be directed, in accordance with guidance developed by the
Province (as amended from time to time), to areas outside of:
b) hazardous lands adjacent to river, stream and small inland lake systems which are
impacted by flooding hazards and/or erosion hazards;
While the property does contain hazards associated with a tributary watercourse of Big Otter
Creek, the proposed development appears to be adequately setback from these areas. LPRCA
staff can advise that the application is consistent with Section 5.2.2 b) of the Provincial Planning
Statement, 2024.
Permitting under Ontario Regulation 41/24
The subject lands are largely regulated by Long Point Region Conservation Authority under Ontario
Regulation 41/24. Permission from this office is required prior to any development within the
regulated area as defined in the Conservation Authorities Act.
Development activity is defined as:
• the construction, reconstruction, erection or placing of a building or structure of any
kind,
• any change to a building or structure that would have the effect of altering the use or
potential use of the building or structure, increasing the size of the building or structure
or increasing the number of dwelling units in the building or structure,
• site grading, or
• the temporary or permanent placing, dumping or removal of any material, originating
on the site or elsewhere (Ontario Regulation 41/24)
Portions of the propose garage addition fall within LPRCAs regulation limit and a permit will be
required from our office in order to undertake the development.
Please feel free to reach out for any further questions related to this matter.
Braedan Ristine, Resource Planner
Long Point Region Conservation Authority
519-842-4242 | planning@lprca.on.ca