HomeMy WebLinkAboutJune 25, 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, June 25, 2026 6:45 p.m. A. Minor Variance Application COA-08/26 Friesen, 6528 Richmond Road, Calton B. Minor Variance Application COA-10/26 Friesen, 55424 Vienna Line, Vienna The June 25, 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 21, 2026
4. APPLICATION A. Minor Variance Application COA-08/26 Friesen, 6528 Richmond Road, Calton THE PURPOSE of this variance is to request relief from Section 9.7 of the Zoning By-law to
permit the construction of an accessory building with a gross floor area of 159.143 m²,
whereas the maximum permitted accessory building floor area is 75 m², and to permit a
building height of 7.42 m, whereas the maximum permitted building height is 4.5 m, on the
property known municipally as 6528 Richmond Road (east side, south of Calton Line) in
Calton:
• Section 9.7 to permit a maximum accessory building floor area of 159.143 m²,
whereas a maximum accessory building floor area of 75 m² is permitted.
• Section 9.5.1 to permit a maximum accessory building height of 7.42 m, whereas a
maximum building height of 4.5 m is permitted.
THE EFFECT of this variance is to permit the construction of an accessory building with a
gross floor area of 159.143 m² and a building height of 7.42 m on the subject property,
whereas a maximum accessory building floor area of 75 m² and a maximum building height
of 4.5 m are permitted in the Hamlet Residential (HR) zone.
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B. Minor Variance Application COA-10/26 Friesen, 55424 Vienna Line, Vienna
THE PURPOSE of this variance is to request relief from Section 4.2 of the Zoning By-law to
recognize an existing accessory structure located 0.73 m from the lot line, whereas a
minimum setback of 1 m is required, on the property known municipally as 55424 Vienna
Line (North side) in Vienna:
• Section 4.2 to recognize an existing accessory structure located 0.73 m from a lot
line, whereas a minimum distance of 1.0 m from any lot line is required.
THE EFFECT of this variance is to recognize an existing accessory structure located 0.73 m
from the property line on the subject property, whereas a minimum setback of 1 m is
required in the Village Residential (R1) zone. The reduced setback is the result of a previous
severance which created the non-conforming condition.
5. STAFF PRESENTATION
A. Report DS-23/26 by Aaron Bell, Secretary/Treasurer re Minor Variance COA-08/26 Friesen, 6528 Richmond Road, Calton
B. Report DS-24/26 by Aaron Bell, Secretary/Treasurer re Minor Variance COA-10/26 55424 Vienna Line, Vienna 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 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 was held using hybrid technologies via Zoom and livestreamed on YouTube. COMMITTEE MEMBERS PRESENT: ED KETCHABAW RAINEY WEISLER
SUSAN CHILCOTT via zoom TIMOTHY EMERSON DAN FROESE
STAFF PRESENT: CLERK ALAN BUSHELL SECRETARY/TREASURER AARON BELL PUBLIC ATTENDEES A: N/A
PUBLIC ATTENDEES B: N/A 1. CALL TO ORDER Chair Ketchabaw called the meeting to order at 6:45 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
None
3. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Committee of Adjustment Meeting held May 7, 2026 Moved by: Committee Member Rainey Weisler
Seconded by: Committee Member Dan Froese THAT the minutes from the Committee of Adjustment Meeting held May 7, 2026 be approved as presented. CARRIED
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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). 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 6. PRESENTATIONS BY APPLICANT/AGENT
None 7. PUBLIC SUBMISSIONS None 8. COMMITTEE QUESTIONS AND DISCUSSION 9. DECISION OF COMMITTEE (Motions) Moved by: Committee Member Timothy Emerson
Seconded by: Committee Member Dan Froese 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;
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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.
CARRIED
10. APPLICATION
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. 11. STAFF PRESENTATION A. Report DS-19/26 by Aaron Bell, Secretary/Treasurer re Minor Variance COA-07/26 Bilodeau,
8865 Culloden Road, Eden
12. PRESENTATION BY APPLICANT/AGENT None 13. PUBLIC SUBMISSIONS None 14. DECISION OF COMMITTEE (Motions) Moved by: Committee Member Susan Chilcott Seconded by: Committee Member Timothy Emerson
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;
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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:
• 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. CARRIED 15. ADJOURNMENT Moved by: Committee Member Rainey Weisler Seconded by: Committee Member Susan Chilcott THAT the Committee of Adjustment Meetings for consideration of Minor Variance Applications COA-06/26 and COA-07/26 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-08/26
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF
BAYHAM
APPLICANT: JAKE & EVA FRIESEN
LOCATION: 6528 RICHMOND RD,
CALTON
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed
Minor Variance (COA-08/26).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a
public meeting on Thursday, June 25th, 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 request relief from Section 9.7 of the Zoning By-law to permit
the construction of an accessory building with a gross floor area of 159.143 m², whereas the
maximum permitted accessory building floor area is 75 m², and to permit a building height of 7.42
m, whereas the maximum permitted building height is 4.5 m, on the property known municipally
as 6528 Richmond Road (east side, south of Calton Line) in Calton:
• Section 9.7 to permit a maximum accessory building floor area of 159.143 m², whereas a
maximum accessory building floor area of 75 m² is permitted.
• Section 9.5.1 to permit a maximum accessory building height of 7.42 m, whereas a maximum
building height of 4.5 m is permitted.
THE EFFECT of this variance is to permit the construction of an accessory building with a gross
floor area of 159.143 m² and a building height of 7.42 m on the subject property, whereas a
maximum accessory building floor area of 75 m² and a maximum building height of 4.5 m are
permitted 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.
Written comments submitted on or before 12:00 Noon on Wednesday, June 17th, 2026 to
abell@bayham.on.ca or at the municipal office will be included in the Committee of
Adjustment agenda. Comments received after this date 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 12th day of June 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
COA-10/26
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF
BAYHAM
APPLICANT: JASON FRIESEN
LOCATION: 55424 VIENNA LINE,
VIENNA
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed
Minor Variance (COA-10/26).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a
public meeting on Thursday, June 25th, 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 request relief from Section 4.2 of the Zoning By-law to
recognize an existing accessory structure located 0.73 m from the lot line, whereas a minimum
setback of 1 m is required, on the property known municipally as 55424 Vienna Line (North side)
in Vienna:
• Section 4.2 to recognize an existing accessory structure located 0.73 m from a lot line,
whereas a minimum distance of 1.0 m from any lot line is required.
THE EFFECT of this variance is to recognize an existing accessory structure located 0.73 m
from the property line on the subject property, whereas a minimum setback of 1 m is required in
the Village Residential (R1) zone. The reduced setback is the result of a previous severance
which created the non-conforming condition.
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, June 17th, 2026 to
abell@bayham.on.ca or at the municipal office will be included in the Committee of
Adjustment agenda. Comments received after this date 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 12th day of June 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
REPORT
DEVELOPMENT SERVICES
TO: Committee of Adjustment Members
FROM: Aaron Bell, Secretary Treasurer & Planning Coordinator
DATE: June 25, 2026
REPORT: DS-23/26 FILE NO. C-08 / D23. Friesen
Roll #3401-000-008-06300-0000
SUBJECT: Committee of Adjustment Minor Variance COA-08/26 Friesen
6528 Richmond Road, Calton
Background The Municipality of Bayham has received a Minor Variance application (COA-08/26) submitted by Jake
and Eva Friesen for the subject lands located at 6528 Richmond Road. The application requests relief under Section 45 of the Planning Act to facilitate the construction of a detached accessory garage on the vacant subject lands as follows:
• Section 9.7 to permit a maximum accessory building floor area of 159.143 m², whereas a maximum accessory building floor area of 75 m² is permitted.
• Section 9.5.1 to permit a maximum accessory building height of 7.42 m, whereas a maximum building height of 4.5 m is permitted. Subject Lands and Surrounding Area The subject lands are currently designated “Hamlet” in Schedule A1 of the Municipality of Bayham Official Plan. The subject lands are currently zoned as “Hamlet Residential (HR)” in Schedule G (Calton) of the Municipality of Bayham Zoning By-law Z456-2003. The subject lands have a lot area of approximately 0.279 hectares (2,790 m²), a lot depth of approximately 62 metres, and a frontage of approximately 45 metres onto Richmond Road. The lands are currently vacant and were previously created through severance application E56-57/2023 (Algar Farms), which established two parcels, including the subject lands.
A single detached dwelling and detached accessory garage are proposed on the property located on the east side of Richmond Road, south of Calton Line, municipally known as 6528 Richmond Road.
The purpose of this variance is to request relief from Section 9.7 and Section 9.5.1 of the Zoning By-law to permit the construction of an accessory building with a gross floor area of 159.143 m², whereas
Staff Report DS-23/26 Friesen Page 2
the maximum permitted accessory building floor area is 75 m², and to permit a building height of 7.25 m, whereas the maximum permitted building height is 4.5 m. The surrounding area consists of hamlet residential uses zoned Hamlet Residential (HR) to the north, and agricultural uses zoned Agricultural (A1) to the south and Agricultural (A1) and Agricultural Two Subzone 18 (A2-18) to the east and west. Public Comments
One written submission was received prior to the comment deadline. Karen Foster of 53875 John Street, Richmond, raised concerns regarding the magnitude of the variances, noting that the proposed accessory building floor area is over twice the maximum permitted and that the proposed height is close to twice the maximum permitted. Ms. Foster expressed the view that both variances are major in nature and should not be approved. Staff acknowledge the numerical magnitude of the variances requested. However, as outlined in the Planning Analysis below, the determination of whether a variance is "minor" under the Planning Act is based on the impact of the variance rather than its numerical departure from the standard. Staff are satisfied that the proposal meets the four tests of Section 45(1) of the Planning Act for the reasons outlined in 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 “Hamlet” in Schedule A1 of the Municipality of Bayham Official Plan, which applies to small, established settlement areas intended to accommodate residential development and small-scale commercial, industrial, and institutional uses through infill, while maintaining compatibility with the surrounding rural and hamlet character. The proposed variance would facilitate the construction of a detached accessory garage in association
with a single detached dwelling on the subject lands. The use remains residential in nature and is consistent with the permitted development pattern contemplated within the Hamlet designation. The proposal does not introduce a new use, intensify the development beyond what is contemplated for hamlet areas, or conflict with the overall intent of maintaining small-scale, compatible development within established settlement areas. 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 “Hamlet Residential (HR)” in Zoning By-law Z456-2003, which permits a single detached dwelling and accessory uses, including private garages as accessory structures. The By-law establishes a maximum accessory building floor area of 75 m² or 8% lot coverage, whichever is less, to ensure accessory structures remain subordinate to the principal dwelling and maintain a low-density residential character within Hamlet areas.
The proposed variance would permit an accessory building with a gross floor area of 159.143 m², whereas a maximum of 75 m² is permitted, and a building height of 7.42 m, whereas a maximum of 4.5 m is permitted. The intent of the provisions is to regulate the scale of accessory structures so they remain secondary in nature and compatible with surrounding residential and agricultural uses. While the proposed accessory building exceeds the maximum permitted floor area and height, it remains
Staff Report DS-23/26 Friesen Page 3
accessory to the proposed single detached dwelling and does not introduce a new use. The development maintains the residential character of the property and is consistent with the general intent of the zoning provisions in terms of use and compatibility. Notwithstanding the floor area variance, the proposed accessory building represents approximately 5.7% lot coverage of the total lot area of 2,790 m², remaining proportionate to the lot in terms of overall coverage. The proposal is not anticipated to create adverse impacts on adjacent properties or the surrounding
area and maintains the overall intent of the Zoning By-law with respect to residential development within the Hamlet Residential zone. 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 detached accessory garage in association with the proposed single detached dwelling on the subject lands. The proposal maintains the residential use of the property and is compatible with the surrounding rural and residential character of the area. The development is consistent with the existing development pattern in the area and maintains the general intent of the Official Plan and the Zoning By-law. Is the variance minor in nature? While the Planning Act does not define what is considered “minor,” the determination is based on the impact of the variance rather than its numerical magnitude. The proposed accessory building at 6528 Richmond Road exceeds the maximum permitted accessory building floor area and building height; however, it remains accessory in nature and is associated with a permitted residential use within the Hamlet Residential (HR) zone. The proposed accessory building maintains setbacks of approximately 8.03 m from the rear lot line and 6.0 m from the side lot line, well in excess of the minimum required setbacks for accessory structures. The structure is not anticipated to result in shadowing, overlook, or visual impact on adjacent properties. As such, the proposal is not anticipated to result in adverse impacts on adjacent properties or the surrounding area and maintains appropriate compatibility with the existing rural and
hamlet context. The variance is considered minor in nature. 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
Staff Report DS-23/26 Friesen Page 4
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-23/26 regarding the Friesen 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-08/26, submitted by Jake and Eva Friesen pursuant to Section 45 of the Planning Act, for a minor variance to permit the construction of a detached garage, is granted relief from the Municipality of Bayham Zoning By-law No. Z456-2003 as follows:
• Section 9.7 to permit a maximum accessory building floor area of 159.143 m², whereas a maximum accessory building floor area of 75 m² is permitted.
• Section 9.5.1 to permit a maximum accessory building height of 7.25 m, whereas a maximum building height of 4.5 m is permitted. ATTACHMENTS 1. Application for Minor Variance COA-08/26 Friesen 2. Written Submission – Karen Foster
Respectfully Submitted by: Reviewed by:
Aaron Bell Lorne James
Secretary/Treasurer Committee of Adjustment Acting Chief Administrative Officer
Planning Coordinator
Mat Vaughan
Director of Planning, County of Elgin
REPORT
DEVELOPMENT SERVICES
TO: Committee of Adjustment Members
FROM: Aaron Bell, Secretary Treasurer & Planning Coordinator
DATE: June 25, 2026
REPORT: DS-24/26 FILE NO. C-10 / D24. 55424 Vienna Line
Roll #3401-004-001-21602
SUBJECT: Committee of Adjustment Minor Variance COA-10/26 55424 Vienna Line
55424 Vienna Line, Vienna
Background The Municipality of Bayham has received a Minor Variance application (COA-10/26) submitted by
Jason Friesen for the subject lands located at 55424 Vienna Line. The application requests relief under Section 45 of the Planning Act from the following provision of Zoning By-law Z456-2003:
• Section 4.2 to recognize an existing accessory structure located 0.73 m from a lot line, whereas a minimum distance of 1.0 m from any lot line is required. Subject Lands and Surrounding Area The subject lands are currently designated “Residential” in Schedule C of the Municipality of Bayham Official Plan. The subject lands are currently zoned as “Village Residential (R1)” in Schedule H (Vienna) of the Municipality of Bayham Zoning By-law Z456-2003. The subject parcel has a lot area of approximately 0.096 hectares (960 m²), a lot depth of approximately 48 metres, and a frontage of approximately 15.15 metres along Vienna Line. The parcel was created through consent application E35/2026.
The variance arises as a condition of consent E35/2026, as the severance created a new lot line that placed the existing accessory structure at a reduced setback of 0.73 m, whereas 1.0 m is required
under Section 4.2 of the Zoning By-law. The structure predates the severance and was previously compliant prior to the creation of the new lot line. The purpose of this variance is to request relief from Section 4.2 of the Zoning By-law to recognize an existing accessory structure located 0.73 m from a lot line, whereas a minimum distance of 1.0 m from any lot line is required. The non-conforming setback is the result of the consent-created lot line and
Staff Report DS-24/26 55424 Vienna Line Page 2
not the placement of a new structure. The surrounding area consists of residential uses zoned Village Residential (R1) to the north, east, and west, and agricultural uses zoned Agricultural (A1) to the south. Public Comments 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 "Residential" in Schedule C of the Municipality of Bayham Official Plan. The Residential designation permits single detached dwellings as the primary use of land and supports residential development that is compatible with the surrounding neighbourhood and consistent with the existing built form.
The proposed variance does not introduce a new use or alter the residential character of the subject lands. The accessory structure existed prior to the creation of the new lot line through consent application E35/2026, and the non-conforming setback is a condition of that severance rather than the result of new construction. Recognizing the existing structure through a minor variance is consistent with the intent of the Residential designation, which contemplates residential uses and accessory structures consistent with the low-density character of village lots. The proposal does not conflict with any policies of the Residential designation and maintains the low-density residential character of the surrounding area. As such, the variance 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 "Village Residential (R1)" in Zoning By-law Z456-2003, which permits single detached dwellings and associated accessory uses. The minimum setback requirement for accessory structures is established under Section 4.2(e) of the General Provisions, which requires that no accessory building shall be built closer than 1.0 m to any lot line. The proposed variance recognizes an existing accessory structure located 0.73 m from the lot line, whereas 1.0 m is required. The intent of Section 4.2(e) is to ensure adequate separation between accessory structures and lot lines to maintain compatibility with adjacent properties and provide reasonable access and maintenance corridors. The existing structure was compliant prior to the creation of the new lot line through consent application E35/2026. The non-conforming setback is a function of the severance-created lot line rather than the placement of a new structure, and the physical relationship between the accessory building and adjacent properties has not changed. The existing accessory structure otherwise complies with the general provisions of Section 4.2, including lot coverage and height requirements. The variance does not alter the use of the structure
or introduce any new built form. The deviation from the required setback is minor in scale (0.27 m) and is not anticipated to result in any adverse impact on adjacent properties. As such, the variance maintains the general intent and purpose of the Zoning By-law. Is the variance an appropriate use of the land?
Staff Report DS-24/26 55424 Vienna Line Page 3
The proposed minor variance is desirable for the appropriate development of the land as it will recognize an existing accessory structure that was rendered non-conforming as a result of the consent-created lot line through application E35/2026. Prior to the severance, the accessory structure existed on the same parcel as the principal dwelling and was compliant with the setback requirements of the Zoning By-law. It is noted that the accessory structure is located on the severed lot, which does not currently contain a principal dwelling. The subject lands are zoned Village Residential (R1), which permits a single
detached dwelling as the principal use. The accessory structure is consistent with the permitted uses of the zone and is appropriate in the context of the intended residential development of the parcel. The proposal does not introduce a new use, alter the physical built form of the property, or negatively impact adjacent properties. The recognition of the existing structure is compatible with the surrounding low-density residential character of Vienna and is appropriate for the Village Residential (R1) zone. Is the variance minor in nature? While the Planning Act does not define what is considered "minor," the determination is based on the impact of the variance rather than its numerical magnitude. The existing accessory structure at 55424 Vienna Line encroaches 0.27 m into the required 1.0 m lot line setback, a deviation of less than 30%
from the required distance. The non-conforming setback was not the result of intentional non-compliance but rather was created by the establishment of a new lot line through consent application E35/2026. The physical relationship between the structure and adjacent properties has not changed as a result of the severance. The variance is not anticipated to result in any adverse impacts on adjacent properties or the surrounding area. As such, the variance is considered minor in nature. 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. RECOMMENDATION THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-24/26 regarding the 55424 Vienna Line minor variance be received;
Staff Report DS-24/26 55424 Vienna Line Page 4
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-10/26, submitted by Jason Friesen pursuant to Section 45 of the Planning Act, for a minor variance to recognize an existing accessory structure located 0.73 m from the property line on the subject property, is granted relief from the Municipality of Bayham Zoning By-law No. Z456-2003 as follows:
• Section 4.2 to recognize an existing accessory structure located 0.73 m from a lot line, whereas a minimum distance of 1.0 m from any lot line is required. ATTACHMENTS 1. Application for Minor Variance COA-10/26 55424 Vienna Line
Respectfully Submitted by: Reviewed by:
Aaron Bell Lorne James
Secretary/Treasurer Committee of Adjustment, Acting Chief Administrative Officer
Planning Coordinator
Mat Vaughan
Director of Planning, County of Elgin
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