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HomeMy WebLinkAboutJune 25, 2026 - Planning - Committee of Adjustment 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 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: 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 2 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 Aaron Bell - 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. 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 3 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. 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(111)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) 4 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 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: 0�-b ' 01 - I C AIRP R N SECRETARY TREASURER