HomeMy WebLinkAboutJuly 16, 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, July 16, 2026 6:45 p.m. A. Minor Variance Application COA-09/26 Rempel, 56230 – 56232 Heritage Line, Straffordville B. Minor Variance Application COA-11/26 Loewen, 11420 Bailey Court, Eden The July 16, 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 June 25, 2026
4. APPLICATION A. Minor Variance Application COA-09/26 Rempel, 56230 – 56232 Heritage Line, Straffordville
THE PURPOSE of this variance is to request relief from Section 10.3 of the Zoning By-law to
reduce the minimum lot area requirement from 831 m² to 399.99 m², and relief from Section
4.34.1 to increase the maximum driveway coverage from 68.5% to 73.1%, to facilitate the
severance of an existing semi-detached dwelling along the common wall into two separate
lots on the property known municipally as 56230–56232 Heritage Line (North side of
Heritage, east of Old Chapel St).
• Section 10.3 to permit a minimum lot area of 399.99 m², whereas 831 m² is required
• Section 4.34.1 to permit a maximum driveway coverage of 73.1%, whereas 68.5% is
permitted.
THE EFFECT of this variance is to facilitate the severance of an existing semi-detached
dwelling along the common wall into two separate lots on the property known municipally as
56230–56232 Heritage Line (north side of Heritage Line, east of Old Chapel Street), by
permitting a reduced minimum lot area of 399.99 m² and an increased maximum driveway
coverage of 73.1%, whereas 831 m² and 68.5% are currently required.
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B. Minor Variance Application COA-11/26 Loewen, 11420 Bailey Court, Eden
THE PURPOSE of this variance is to request relief from Sections 9.4, 9.5.1, and 9.7 of
the Zoning By-law to permit the construction of an accessory building with a gross floor
area of 81.3 m² and a building height of 5.182 m, and to permit a total lot coverage of
37.6% resulting from the proposed single detached dwelling and accessory building
combined, on the property known municipally as 11420 Bailey Court (east side) in Eden:
• Section 9.4 to permit a maximum lot coverage of 37.6%, resulting from the
proposed single detached dwelling and accessory building combined, whereas a
maximum lot coverage of 30% is permitted.
• Section 9.5.1 to permit a maximum accessory building height of 5.182 m,
whereas a maximum building height of 4.5 m is permitted.
• Section 9.7 to permit a maximum accessory building floor area of 81.3 m²,
whereas a maximum accessory building floor area of 75 m², or 8% of lot area
(whichever is less), is permitted.
THE EFFECT of this variance is to permit the construction of a single detached dwelling
and an accessory building with a combined lot coverage of 37.6%, an accessory building
floor area of 81.3 m², and an accessory building height of 5.182 m, on the subject
property, whereas a maximum lot coverage of 30%, a maximum accessory building floor
area of 75 m² (or 8% of lot area, whichever is less), and a maximum building height of
4.5m are permitted in the Hamlet Residential (HR) zone.
5. STAFF PRESENTATION A. Report DS-25/26 by Aaron Bell, Secretary/Treasurer re Minor Variance COA-09/26 Rempel, 56230 – 56232 Heritage Line, Straffordville
B. Report DS-26/26 by Aaron Bell, Secretary/Treasurer re Minor Variance COA-11/26 Loewen 11420 Bailey Court, 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, 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 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: 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
3. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Committee of Adjustment Meeting held May 21, 2026 Moved by: Committee Member Weisler
Seconded by: Committee Member Emerson THAT the minutes from the Committee of Adjustment Meeting held May 21, 2026 be approved as presented. CARRIED
4. APPLICATION A. Minor Variance Application COA-08/26 Friesen, 6528 Richmond Road, Calton
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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.
5. STAFF PRESENTATION
A. Report DS-23/26 by Aaron Bell, Secretary/Treasurer re Minor Variance COA-08/26 Friesen,
6528 Richmond Road, Calton 6. PRESENTATIONS BY APPLICANT/AGENT 7. PUBLIC SUBMISSIONS One noted by Aaron (reference him for details) 8. COMMITTEE QUESTIONS AND DISCUSSION DECISION OF COMMITTEE (Motions) Moved by: Committee Member Emerson Seconded by: Committee Member Froese 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:
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• 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. CARRIED
9. APPLICATION 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.
10. STAFF PRESENTATION
B. Report DS-24/26 by Aaron Bell, Secretary/Treasurer re Minor Variance COA-10/26 55424 Vienna Line, Vienna 11. PRESENTATIONS BY APPLICANT/AGENT 12. PUBLIC SUBMISSIONS 13. COMMITTEE QUESTIONS AND DISCUSSION 14. DECISION OF COMMITTEE (Motions) Moved by: Committee Member Emerson Seconded by: Committee Member Chilcott THAT the Committee of Adjustment Secretary/Treasurer’s Report DS-24/26 regarding the 55424 Vienna Line 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-10/26, submitted by Jason Friesen pursuant to Section 45 of the
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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. CARRIED 15. ADJOURNMENT
Moved by: Committee Member Weisler Seconded by: Committee Member Chilcott THAT the Committee of Adjustment Meetings for consideration of Minor Variance Applications COA-08/26 and COA-10/26 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
Municipality of Bayham
Application for Minor Variance
Page 2
Rev Jan 2025
Minor Variance
3.Names and address of any mortgages, holders and charges or other encumbrances:
Name Address
4.Legal Description and Location of Land
a)Lot and Plan or Concession #:
b)Civic # & Street Name:
c)Roll #34-01-
5.Nature and extent of relief applied for:
NOTE: In the case of a Supplementary farm dwelling, a Development Agreement is required.
6.Why is it not possible to comply with the provisions of the By-law?
7.Dimensions of the entire subject land affected:
a)Frontage (m)
b)Depth (m)
c)Area (sq.m / ha)
8.Particulars of all buildings and structures on or proposed for the subject land (specify
ground floor area, gross floor area, number of storeys, width, length, height, etc.)
a)Existing
b)Proposed
None
56230 - 56232 Heritage Line
000000433200
LT 5 BLK A PL 205
In order to allow the semi detached dwelling to be severed along the common wall
For each of the severed parcels:
10.26 m (each lot)
Irregular
399.99 m2 (each lot
1) reduce the min lot area from 831.0 m2 to 415.25 m2
Semi detached dwelling (under construction)
same
2) increase the max driveway coverage from 68.5 % to 73.1 %
Municipality of Bayham
Application for Minor Variance
Page 3
Rev Jan 2025
Minor Variance
9.Date of purchase of subject land:
10.Date of construction of all buildings and structures on subject lands:
11.Existing uses of the subject property:
12.Length of time and existing uses to the subject property have continued:
13.Existing uses of abutting properties:
a)North
b)East
c)South
d)West
14.Services available (check appropriate space(s))
a)Method of Water Supply (if applicable)
Public Water Supply System Private Individual Well
Private Communal Well
Other (please specify)
b)Method of Sanitary Waste Disposal (if applicable)
Private Septic Tank and
Tile Field System
Private Communal System
Public Sanitary Sewer System
Other (please specify)
15.Present Official Plan designation:
16.Present Zoning Bylaw classification:
17.Has the owner previously applied for a minor variance in respect to the subject property?
Yes No
If Yes, describe briefly:
18.Is the property the subject of a current application of consent / severance?
Yes No
2024
In progress
residential
unknown
residential
residential
residential
residential
X
X
Residential
Village Residential 1 (R1)
X
A-20/24 - min lot area, driveway width and driveway coverage
X
Municipality of Bayham
Application for Minor Variance
Rev Jan 2025
Minor Variance
Page 4
STATUTORY DECLARATION
I/We, ____________________________________________________________of the
Name of Applicant(s)
____________________________________ in the __________________________
(City, Municipality, Town, Township) (County/District/Region)
SOLEMNLY DECLARE / AFFIRM THAT to the best of my/our knowledge and belief, all of the
information, exhibits and statements provided in this application as required under Section 45
of the Planning Act R.S.O. 1990 and Ontario Regulation 200/96 as amended are true;
THAT I/We shall assume responsibility for any additional costs exceeding the deposited amount
related to the said application and understand and agree that payment of said additional costs
shall be a condition of this signed application. I/We also agree to accept all costs as rendered;
AND I/We make this solemn Declaration conscientiously believing it to be true, and knowing
that it is of the same force and affect as if made under oath and by virtue of the “Canada
Evidence Act”.
DECLARED before me at the:
)
(City, Municipality, Town, Township) ) Signature of Applicant or Authorized Agent *
)
in the )
(County / District / Region) ) Signature of Applicant
)
this _________day of ___________, 20___ )
) Signature of Applicant
)
) * If authorized agent, a letter of authorization from
the owner of the property must accompany this
application.
)
)
A Commissioner, etc. )
Rommie Rempel Friesen
Town of Tilsonburg County of Oxford
X
256thDecember
Municipality of Chatham Kent
ELECTRONICALLY
Province of Ontario
Tracey Lynn Cecilia Pillon-Abbs, a Commissioner, etc.,Province of Ontario, for Pillon Abbs IncExpires August 4, 2026
Municipality of Bayham
Application for Minor Variance
Page 5
REQUIRED SKETCH FOR MINOR VARIANCE APPLICATIONS
NOTE: Use a separate sheet of paper for the sketch.
INSTRUCTIONS
All dimensions must be in metric.
A sketch showing the following:
i) The boundaries and dimensions of the subject lands.
ii) All services including the location of the hydro, gas and fibre connections, municipal water
and sanitary services or private well and septic bed with all dimensions from lot lines and
structures
iii) The location, size and type of all existing and proposed buildings and structures on the
subject land, indicating the distance of the buildings or structures from the front yard lot line,
rear yard lot line and the side yard lot lines.
iv) The location of the driveway(s)
v) The approximate location of all natural and artificial features on the subject land and on land
that is adjacent to the subject land that, in the opinion of the applicant, may affect the
application. Examples include buildings, railways, roads, watercourses, drainage ditches,
river or stream banks, wetlands, wooded areas, wells and septic tanks.
vi) The current uses on land that is adjacent to the subject lands.
vii) The location, width and name of any roads within or abutting the subject land, indicating
whether it is an unopened road allowance, a public travelled road, a private road or a right-of-
way.
viii) If access to the subject land is by water only, the location of the parking and docking facilities
to be used.
It is required that a copy of this application be filed with the Secretary Treasurer
of the Committee of Adjustment together with any additional relevant information,
accompanied by the fee in cash, debit or cheque made payable to the
Municipality of Bayham or by e-transfer to payments@bayham.on.ca
For a supplementary farm dwelling variance, a Development Agreement is
required to accompany the Minor Variance. All costs for the preparation of the
Agreement are in addition to the Minor Variance Application fee and are the
responsibility of the Applicant.
Authorization Form
To: Planning Department, Township of Bayahm
RE: 56230 & 56232 Heritage Line Bayham, Ontario
I/We, the undersigned, being the Registered Owner(s) of the above lands hereby
authorize: Pillon-Abbs Inc c/o Tracey Pillon-Abbs, RPP of the Municipality of Chatham-
Kent.
TO:
1. Make all Planning Act applications on my/our behalf to the Township of Bayham;
2. Appear on my/our behalf at any hearing(s) related to Planning Act applications; and
3. Provide any information or material required by the Township of Bayham relevant to
the application.
Rommie Rempel Friesen
ron.rem29@hotmail.ca
_________________________
Signature of Registered Owner
_________________________
Date
SEVERED RETAINED
COA-09/26
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF
BAYHAM
APPLICANT: ROMMIE REMPEL
FRIESEN
LOCATION: 56230-56232 HERITAGE
LINE, STRAFFORDVILLE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed
Minor Variance (COA-09/26).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a
public meeting on Thursday, July 16th, 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 10.3 of the Zoning By-law to reduce the minimum lot area requirement from 831 m² to 399.99 m², and relief from Section 4.34.1
to increase the maximum driveway coverage from 68.5% to 73.1%, to facilitate the severance of an existing semi-detached dwelling along the common wall into two separate lots on the property
known municipally as 56230–56232 Heritage Line (North side of Heritage, east of Old Chapel St).
•Section 10.3 to permit a minimum lot area of 399.99 m², whereas 831 m² is required
•Section 4.34.1 to permit a maximum driveway coverage of 73.1%, whereas 68.5% is
permitted.
THE EFFECT of this variance is to facilitate the severance of an existing semi-detached dwelling
along the common wall into two separate lots on the property known municipally as 56230–
56232 Heritage Line (north side of Heritage Line, east of Old Chapel Street), by permitting a
reduced minimum lot area of 399.99 m² and an increased maximum driveway coverage of
73.1%, whereas 831 m² and 68.5% are currently required.
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, July 8th, 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 29th 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-11/26
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: MICHAEL LOEWEN
LOCATION: 11420 BAILEY CRT, EDEN
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed
Minor Variance (COA-11/26).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public
meeting on Thursday, July 16th, 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 Sections 9.4, 9.5.1, and 9.7 of the Zoning By-
law to permit the construction of an accessory building with a gross floor area of 81.3 m² and a building
height of 5.182 m, and to permit a total lot coverage of 37.6% resulting from the proposed single
detached dwelling and accessory building combined, on the property known municipally as 11420
Bailey Court (east side) in Eden:
• Section 9.4 to permit a maximum lot coverage of 37.6%, resulting from the proposed single
detached dwelling and accessory building combined, whereas a maximum lot coverage of 30%
is permitted.
• Section 9.5.1 to permit a maximum accessory building height of 5.182 m, whereas a maximum
building height of 4.5 m is permitted.
• Section 9.7 to permit a maximum accessory building floor area of 81.3 m², whereas a maximum
accessory building floor area of 75 m², or 8% of lot area (whichever is less), is permitted.
THE EFFECT of this variance is to permit the construction of a single detached dwelling and an
accessory building with a combined lot coverage of 37.6%, an accessory building floor area of 81.3 m²,
and an accessory building height of 5.182 m, on the subject property, whereas a maximum lot coverage
of 30%, a maximum accessory building floor area of 75 m² (or 8% of lot area, whichever is less), 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, July 8th, 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 29th 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: July 16, 2026
REPORT: DS-25/26 FILE NO. C-09 / D25. Rempel
Roll #3401-000-000-43320-0000
SUBJECT: Committee of Adjustment Minor Variance COA-09/26 Rempel
56230 – 56232 Heritage Line, Straffordville
Background The Municipality of Bayham has completed a review of the Minor Variance application COA-09/26,
submitted by Rommie Rempel Friesen for the subject lands located at 56230 – 56232 Heritage Line. The application is requesting a Minor Variance under Section 45 of the Planning Act to facilitate a severance of an existing semi-detached dwelling along the common wall:
• Section 10.3 to permit a minimum lot area of 415.25 m², whereas 675 m² is required.
• Section 4.34.1 to permit a maximum driveway coverage of 73.1%, whereas 50% is
permitted. Subject Lands and Surrounding Area The subject lands are designated "Residential" in Schedule A1 – Land Use and Constraints of the Municipality of Bayham Official Plan, and are zoned "Village Residential 1 (R1)" in Schedule F (Straffordville) of the Municipality of Bayham Zoning By-law Z456-2003. The subject lands municipally known as 56230–56232 Heritage Line contain an existing semi-detached dwelling. The existing built form, driveway configuration, and site conditions are established
and will not be altered as a result of this application. The proposed Minor Variance does not
contemplate any new construction, physical changes to the site, or intensification of use.
The subject lands are proposed to be severed along the common wall of the existing semi-detached dwelling pursuant to consent application E16/2026, which would create two separately-owned parcels. The lots once severed would have a lot area of approximately 415.25 m², a lot depth of approximately 40.59 metres, and a frontage of approximately 10.26 metres onto Heritage Line. The Minor Variance
Staff Report DS-25/26 Rempel Page 2
requested is required to recognize existing site conditions on both the severed and retained parcels that would not conform to the applicable Zoning By-law standards for semi-detached lots upon severance. It is noted that a previous Minor Variance (A20/24) established a minimum lot area of 831 m² for the subject lands as a unified parcel (where 900 m² was required) and a maximum driveway coverage of 68.5 percent (where 50 percent was permitted). Upon severance, the applicable Zoning By-law standards for semi-detached lots apply to each resulting parcel individually, being a minimum lot area of 675 m² and a maximum driveway coverage of 50 percent. The requested variances are assessed
against these standards. The surrounding area consists of residential uses zoned Village Residential 1 (R1) to the north, south, and west, and institutional uses to the east along Duke Street. 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 A1 of the Municipality of Bayham Official Plan. The Residential designation contemplates a range of residential dwelling types within established settlement areas, including semi-detached forms where appropriate and where land use compatibility can be maintained. The proposed variances do not introduce a new land use, alter the existing residential character of the subject lands, or change the built form of the property in any way. The existing semi-detached dwelling and associated driveway are established features of the site. The relief sought relates entirely to lot area and driveway coverage thresholds that arise as a technical consequence of severing the existing
dwelling into two separately-owned parcels, not from any proposed physical change to the property. The proposal is consistent with the Residential designation and the Official Plan's recognition of semi-detached dwellings as an appropriate residential form within the Village of Straffordville. As such, the proposed variances maintain 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 1 (R1)" in Zoning By-law Z456-2003, which permits a semi-detached dwelling as a use of right. The subject application seeks relief from Section 4.34.1 of the Zoning By-law to permit driveway coverage of 73.1 percent of the front yard, whereas 50 percent is permitted. It is noted that Minor Variance A20/24 previously approved a driveway coverage of 68.5 percent for the property as a unified parcel; however, upon severance, the applicable Zoning By-law standard reverts to 50 percent, which
forms the relevant baseline for this application. The intent of Section 4.34.1 is to regulate driveway coverage in order to maintain neighbourhood aesthetics, ensure adequate soft landscaping, and limit the dominance of hard-surfaced areas within residential front yards. The requested relief does not result from any physical change to the driveway, the driveway configuration is existing and will remain unchanged. The increase in calculated coverage
Staff Report DS-25/26 Rempel Page 3
is a mathematical consequence of the revised lot configuration arising from the proposed severance, not from any new or expanded hard surfacing. The physical conditions the provision seeks to regulate are not being altered by this application. As such, the proposed variance maintains the general intent and purpose of Section 4.34.1. The subject application also seeks relief from Section 10.3 of the Zoning By-law to reduce the minimum lot area from 675 m² the applicable standard for semi-detached lots to 415.25 m². The intent of the minimum lot area provision is to ensure that lots provide sufficient space for servicing, setbacks, and amenity area, and to maintain a consistent lot pattern within the R1 Zone.
The reduced lot area reflects the severance of the existing semi-detached dwelling along the common wall into two separately-owned parcels. No new development is proposed. Each resulting lot maintains adequate frontage, depth, and configuration to accommodate required setbacks, servicing, and outdoor amenity space consistent with the existing residential use. The proposed lot area, while below the standard applicable to semi-detached lots, is consistent with the physical form and function of the established built form and does not represent an intensification of use or change in residential character. As such, it is staff's opinion that the proposed variances maintain the general intent and purpose of the Zoning By-law. Is the variance an appropriate use of the land? The proposed variances are considered desirable for the appropriate development of the land. The application facilitates the severance of an existing semi-detached dwelling into two separately-owned residential lots without any change to the existing built form, site conditions, or residential use of the property. The relief sought is technical in nature, arising solely from the revised lot configuration created through severance rather than from any proposed physical alteration of the site. The existing semi-detached dwelling and its associated driveway are established features of the subject lands and are compatible with the surrounding residential and institutional character of the area. The approval of the requested variances will not alter site conditions or the existing development pattern along Heritage Line in any way. As such, the proposed variances are considered desirable and appropriate for the subject lands.
Is the variance minor in nature? While the Planning Act does not define what is considered "minor," the assessment is based on the nature and impact of the variance rather than its numerical magnitude. In this case, the proposed variances relate to a reduction in minimum lot area and an increase in driveway coverage, both of which arise as a technical consequence of severing the existing semi-detached dwelling into two separately-owned parcels. The subject lands already contain an established semi-detached residential built form, and the proposal does not introduce any new development, physical alteration of the site, or change in use. The increase in driveway coverage reflects the existing and continuing configuration of the driveway on the subject lands and results from the revised lot line created through severance rather than any physical change to the site. Similarly, the reduced lot area reflects the functional division of an existing semi-detached structure along the common wall and results in two lots each capable of
accommodating the existing residential use. The variances do not introduce new hard surfacing, expand the footprint of the dwelling, or alter the streetscape or character of the surrounding area in any way. The proposed variances are not anticipated to result in adverse impacts on adjacent properties or the broader neighbourhood. The residential function of the property remains unchanged, and site
Staff Report DS-25/26 Rempel Page 4
conditions will be no different following approval than they are today. As such, the proposed variances are 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-25/26 regarding
the Rempel 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-09/26, submitted by Rommie Rempel Friesen pursuant to Section 45 of the Planning Act, to reduce the minimum lot area requirement from 675
m² to 415.25 m² and to increase the maximum driveway coverage from 50% to 73.1%, to facilitate the severance of an existing semi-detached dwelling along the common wall into two separate lots, BE GRANTED relief as follows:
• Section 10.3 to permit a minimum lot area of 415.25 m², whereas 675 m² is required; and
• Section 4.34.1 to permit a maximum driveway coverage of 73.1%, whereas 50% is permitted ATTACHMENTS 1. Application for Minor Variance COA-09/26 Rempel
Staff Report DS-25/26 Rempel Page 5
Respectfully Submitted by: Reviewed by:
Aaron Bell Lorne James
Secretary/Treasurer Committee of Adjustment Acting Chief Administrative Officer
Mat Vaughan
Director of Planning, County of Elgin
.
REPORT
DEVELOPMENT SERVICES
TO: Committee of Adjustment Members
FROM: Aaron Bell, Secretary Treasurer & Planning Coordinator
DATE: July 16th, 2026
REPORT: DS-26/26 FILE NO. C-11 / D26. Loewen Roll #3401-000-006-06724-000
SUBJECT: Committee of Adjustment Minor Variance COA-11/26 Loewen
11420 Bailey Court, Eden
Background The Municipality of Bayham has completed a review of the Minor Variance application COA-11/26, submitted by Michael Loewen for the subject lands located at 11420 Bailey Court. The application is requesting a Minor Variance under Section 45 of the Planning Act.
The purpose of this variance is to request relief from Sections 9.4, 9.5.1, and 9.7 of the Zoning By-law to permit the construction of an accessory building with a gross floor area of 81.3 m² and a building height of 5.182 m, and to permit a total lot coverage of 37.6% resulting from the proposed single detached dwelling and accessory building combined, on the property known municipally as 11420 Bailey Court (east side) in Eden. Relief is requested as follows:
• Section 9.4 to permit a maximum lot coverage of 37.6%, resulting from the proposed single detached dwelling and accessory building combined, whereas a maximum lot coverage of 30% is permitted.
• Section 9.5.1 to permit a maximum accessory building height of 5.182 m, whereas a maximum building height of 4.5 m is permitted.
• Section 9.7 to permit a maximum accessory building floor area of 81.3 m², whereas a maximum accessory building floor area of 75 m², or 8% of lot area (whichever is less), is permitted. Subject Lands and Surrounding Area The subject lands are designated "Hamlet" in Schedule A1 of the Municipality of Bayham Official Plan, and are zoned "Hamlet Residential (HR)" in Schedule D (Eden) of the Municipality of Bayham Zoning By-law Z456-2003.
Staff Report DS-26/26 11420 Bailey Court Page 2
The subject lands have a lot area of approximately 900 m², a lot depth of approximately 45 metres, and a frontage of approximately 20 metres onto Bailey Court. The subject lands are currently vacant. A single detached dwelling and detached accessory garage are proposed on the property. The requested variances are required to accommodate the proposed design of the dwelling and accessory building as submitted, and arise from the combined footprint and configuration of both structures on the subject lot. The surrounding area consists of residential uses zoned Hamlet Residential (HR) to the north, south, and west, and agricultural uses zoned Agricultural (A1-A) to the east.
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 "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 variances would facilitate the construction of a single detached dwelling and detached accessory garage on the subject lands. The proposed use remains residential in nature and is consistent with the permitted development pattern contemplated within the Hamlet designation. Both a single detached dwelling and an accessory building are permitted uses within the Hamlet Residential zone, and the variances sought relate solely to dimensional standards governing lot coverage, accessory building height, and accessory building floor area, not to the use of the lands itself. The proposal does not introduce an uncharacteristic use within the designation, does not intensify
development beyond what is contemplated for hamlet areas, and is not in conflict with the overall intent of maintaining small-scale, compatible development within established settlement areas. As such, the proposed variances maintain the general intent and purpose of the Official Plan. Does the variance maintain the intent of the Zoning By-law? Section 9.4 – Lot Coverage The subject lands are zoned "Hamlet Residential (HR)" in Zoning By-law Z456-2003, which permits a maximum lot coverage of 30% to maintain an appropriate balance between built form and open/landscaped area within Hamlet areas. The proposed variance would permit a total lot coverage of 37.6%, resulting from the combined footprint of the proposed single detached dwelling and accessory building, whereas a maximum of 30% is permitted. The intent of the provision is to ensure the built form on a lot does not become overly
dominant relative to the lot size, preserving adequate yard area and separation between buildings. While the proposed coverage exceeds the permitted maximum, it results from the combination of a single detached dwelling and one accessory building, both permitted uses within the zone, and does not introduce an incompatible built form or use. All required yard setbacks are maintained, preserving adequate separation from adjacent properties and demonstrating that the built form remains appropriately sited on the lot notwithstanding the increased coverage. The proposal is not anticipated
Staff Report DS-26/26 11420 Bailey Court Page 3
to result in adverse impacts on adjacent properties, and the general intent of the provision is maintained. Section 9.5.1 – Accessory Building Height The Zoning By-law establishes a maximum accessory building height of 4.5 m to ensure accessory structures remain subordinate to the principal dwelling and to limit potential impacts on adjacent properties.
The intent of the provision is to maintain an appropriate scale relationship between accessory structures and the principal dwelling and to limit potential impacts such as shadowing or overlook on neighbouring properties. The exceedance is attributable to a partial mezzanine at the rear of the shop area, rather than an increase in height across the full structure. The proposed accessory building, while exceeding the permitted maximum height, remains subordinate in scale to the proposed principal dwelling and is consistent with the residential character of the surrounding area. The exceedance of 0.682 m above the permitted maximum is modest in magnitude and is not anticipated to result in adverse impacts on adjacent properties with respect to shadowing, overlook, or visual compatibility. The general intent of the provision with respect to scale and compatibility is therefore maintained. Staff note that the mezzanine is accepted as part of the accessory building's shop/storage area only, and this approval does not contemplate or authorize the mezzanine, or any portion of the accessory
building, being used or finished as a residential dwelling unit. Should the property owner wish to establish an Additional Residential Unit within the accessory building in the future, such use would be subject to Section 4.59 of the Zoning By-law, including compliance with servicing, gross floor area, proximity, and parking requirements, and would require a separate Building Permit and compliance with the Ontario Building Code and Ontario Fire Code. Section 9.7 – Accessory Building Floor Area The Zoning By-law establishes a maximum accessory building floor area of 75 m², or 8% of lot area, whichever is less. For the subject lands, with a lot area of approximately 900 m², 8% of lot area equates to 72 m², which is the lesser figure and therefore the applicable maximum. The proposed variance would permit an accessory building with a gross floor area of 81.3 m², whereas
the applicable maximum is 72 m², an exceedance of approximately 9.3 m². The intent of the provision is to regulate the scale of accessory structures so they remain secondary in nature and compatible with surrounding uses. The proposed accessory building, while exceeding the permitted floor area, remains subordinate in scale to the proposed principal dwelling and does not introduce a new or incompatible use on the subject lands. The modest magnitude of the exceedance, combined with the accessory and personal-use nature of the building, is not anticipated to result in adverse impacts on adjacent properties. The general intent of the provision is maintained. The proposal, taken as a whole, 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 use of the subject lands for a single detached dwelling with an accessory building is permitted
within the Hamlet Residential (HR) zone and is consistent with the residential use of surrounding lots to the north, south, and west. The proposed accessory building, including the shop area, is intended for personal use in conjunction with the dwelling and does not constitute a home occupation or commercial use, nor does it introduce a new or separate land use on the property. The increased lot coverage, accessory building height, and accessory building floor area are
Staff Report DS-26/26 11420 Bailey Court Page 4
associated with the design and scale of the proposed dwelling and accessory building, rather than with a change in use. The proposal maintains the residential character of the subject lands and surrounding Hamlet Residential area, and is compatible with the adjacent agricultural use to the east given the residential nature and scale of the development. The variances requested are appropriate for the proposed development and represent an appropriate use of the land. Is the variance minor in nature? The proposed variances relate to lot coverage, accessory building height, and accessory building floor
area, and do not result in a change of use on the subject lands. The single detached dwelling and accessory building remain permitted uses within the Hamlet Residential (HR) zone, and the variances are limited to dimensional aspects of the proposed development. The increased lot coverage results from the combined footprint of a permitted dwelling and a single accessory building, with all required yard setbacks maintained. The increased accessory building height, as discussed under Section 9.5.1 above, is attributable to a partial mezzanine at the rear of the shop area rather than an increase in height across the full structure. The increased accessory building floor area, while exceeding the permitted maximum, remains subordinate in scale to the proposed dwelling. In each case, the deviation from the by-law standard is not anticipated to result in unacceptable adverse impacts on adjacent properties or the surrounding area.
Given the limited extent and localized nature of the impacts associated with each variance, and the fact that the proposal does not alter the permitted use of the lands, the requested variances are considered to be 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-26/26 regarding the Loewen 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;
Staff Report DS-26/26 11420 Bailey Court Page 5
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-11/26, submitted by Michael Loewen pursuant to Section 45 of the Planning Act, for a minor variance to request relief from Sections 9.4, 9.5.1, and 9.7 of the Zoning By-law to permit the construction of an accessory building with a gross floor area of 81.3 m² and a building height of 5.182 m, and to permit a total lot coverage of 37.6% resulting from the proposed single detached dwelling and accessory building combined, is granted relief from the Municipality of Bayham Zoning By-law No. Z456-2003 as follows:
o Section 9.4 to permit a maximum lot coverage of 37.6%, resulting from the proposed single detached dwelling and accessory building combined, whereas a maximum lot coverage of 30% is permitted. o Section 9.5.1 to permit a maximum accessory building height of 5.182 m, whereas a maximum building height of 4.5 m is permitted. o Section 9.7 to permit a maximum accessory building floor area of 81.3 m², whereas a maximum accessory building floor area of 75 m², or 8% of lot area (whichever is less), is permitted. ATTACHMENTS
1. Application for Minor Variance COA-11/26 Loewen 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
.