Corporation of the Municipality of South Huron Agenda - Committee of Adjustment. Tuesday, September 4, 2018, 5:00 p.m. Olde Town Hall-Carling Room

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1 Corporation of the Municipality of South Huron Agenda - Committee of Adjustment Tuesday, September 4, 2018, 5:00 p.m. Olde Town Hall-Carling Room Accessibility of Documents: Documents are available in alternate formats upon request. If you require an accessible format or communication support, please contact the Clerk's Department at or by at clerk@southhuron.ca to discuss how best we can meet your needs 1. Call to Order Recommendation: That South Huron Committee of Adjustment hereby convenes at 5:00 p.m. to consider an application for Minor Variance D13-MV for lands owned by Martin Koolen, known as Plan 203 Lot 42, Stephen Township (245 Prince Alfred Street). 2. Purpose of Meeting 3. Disclosure of Pecuniary Interest and General Nature Thereof 4. Minor Variance #D13-MV07-Koolen (Swance) Pages 4.1 Application S. Smith Huron County Planner Report: D13-MV Written Comments Received 4.4 Comments - Committee - Public in Attendance 5. Decision Recommendation: That Minor Variance D13-MV (Koolen/Swance) be as per the attached decision sheet. 6. Adjournment Recommendation: That South Huron Committee of Adjustment hereby adjourns at p.m.

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15 Page 14 PLANNING & DEVELOPMENT 57 Napier Street, Goderich, Ontario N7A 1W2 CANADA Phone: Ext. 3 Fax: Toll Free: Ext. 3 Minor Variance Report to South Huron Committee of Adjustment Minor Variance SHu D13-MV07/2018 Owner: Martin Koolen Date: August 24, 2018 Applicant: Roger Swance Description of Property: Plan 203 Lot 42, Stephen Township (245 Prince Alfred Street) Recommendation That the application for minor variance be approved with conditions. 1. The owner/applicant make an application for a building permit to construct the proposed dwelling within two (2) years of conditional approval of this minor variance. Purpose: The purpose of this application is to seek relief from Zoning By-law # of the former Township of Stephen. The subject property is designated Urban in the South Huron Official Plan. The subject lands are zoned Village Residential Low Density (VR1) in the Township of Stephen Zoning By-law. The applicant is proposing to construct a new residential building on the subject property. Under the Township of Stephen Zoning By-law Section 14.4 a minimum floor area (one storey) of 84 square metres is required. The applicant wishes to construct a dwelling that is square metres in floor area. To facilitate the proposed build, the applicant is seeking relief for of square metres to build a dwelling that is square metres in area. Maps showing the location of the lands to which this proposed minor variance applies are attached. Review: The variance requested would allow the property owners to construct a new residential dwelling. Through this variance the following relief is being sought: Variance Minimum Dwelling Size Required Proposed Variance 84 square square square metres metres metres Huron County Planning and Development Department, Court House, Goderich ON N7A 1M2 Phone / Fax

16 Page 15 Figure 1. Aerial of Subject Property. Subject lands identified in Red. Figure 2. Site Plan submitted by applicant denoting approximate location of proposed dwelling with existing buildings and structures. *Note: Applicant provided sketch of proposed plan under minor variance application for information purposes. Under a formal building permit, applicant is required to submit formal materials/plans to South Huron Building Department as deemed necessary regarding structure and construction under Ontario Building Code. The above image is for illustrative purposes only. Huron County Planning and Development Department, Court House, Goderich ON N7A 1M2 Phone / Fax

17 Figures 3 (Left, facing northwest) and 4 (Right, facing southwest). View of subject lands, existing dwelling to be replaced with proposed new residential dwelling. Existing driveway and accessory structures to remain. Page 16 On review of this application, each minor variance must satisfy four tests set out under Section 45 of the Planning Act (1990), as amended. This minor variance application: Meets the intent of the South Huron Official Plan The subject lands are designated Urban in the South Huron Official Plan, located within the identified Settlement of Centralia. Residential uses are an identified use under the Urban designation for this area, and the surrounding uses in this block/neighbourhood area also existing residential uses. This minor variance does not interfere with the intent of residential lands and is in accordance with the policies set out in the South Huron Official Plan. Single residential dwellings are recognized as a residential use and permitted under the urban designation based on zoning. Further, the proposed dwelling is a single storey building that is of similar mass and character to existing residential uses in this area and would be complementary of surrounding parcels of land/development. Meets the intent of Township of Stephen Zoning By-law The subject lands are zoned Village Residential Low Density (VR1) in the Township of Stephen Zoning By-law. A single residential dwelling as proposed is a permitted use in the VR1 zone. A single storey residential building is proposed which is in keeping and similar character to surrounding residential uses in this area. The proposed dwelling will also replace an existing dwelling which the applicant notes is poor structural condition. In review of the request for a reduced building area, the Township of Stephen Zoning By-law has historically included minimum dwelling sizes and this is a relation to the Ontario Building Code minimum dwelling sizes or specifics for minimum size for kitchen, bedroom, bathroom etc. With advancements in planning legislation, zoning by-laws have started to remove this requirement in the zone provisions and have left the determination of minimum dwelling size to the specific requirements in the Ontario Building Code. The Township of Stephen Zoning By-law still retains this provision, but same has been removed from the new South Huron Comprehensive Zoning By-law which has been approved by South Huron Council and is currently under the appeal period. It has become the direction to not dictate a minimum Huron County Planning and Development Department, Court House, Goderich ON N7A 1M2 Phone / Fax

18 Page 17 dwelling size in the zoning by-law. For this reason, seeking relief form his provision is appropriate as the dwelling will be required to be in compliance with the Ontario Building Code. Further in regard to the Zoning By-law provisions, based on a sketch provided by the applicant, the proposed dwelling building fabric has been able to maintain front, rear, interior and exterior side yard setbacks dictated in the Village Residential Low Density Zone (VR1). Is desirable for the appropriate development of the lands in question Single residential dwellings predominate in this area and the proposed build is of similar scale, design and mass as surrounding builds. The request for reduced building size may not be in compliance with the current Zoning By-law, but the review of minimum dwelling size is covered in the Ontario Building Code and the proposed build would be required to meet this minimum. The proposed build still maintains front and side yard setbacks, and rear yard setback to the main dwelling. Access and usability of the site is maintained and there is amenity space provided on the lot. The request for a reduced build size can be seen as appropriate for this site, and the dwelling will still require compliance with the Ontario Building Code. Is minor in nature The variance for reduced building size is requested for approximately 21% below the minimum required size (67.14 square metres when 84 square metres is required). Minimum building size is determined through requirements under the Ontario Building Code and provision of a minimum building size in Zoning By-laws is no longer being used. The dwelling itself maintains front yard setback and minimum setback to both side yards, as well as rear yard setback to the main dwelling. There is also a similar build and massing of dwellings in this area and the proposed build is reflective and complementary of similar uses. For these reasons the relief requested from the minimum floor area requirement is considered minor. Additional Comments: Notice of this application has been circulated to municipal agencies and public for review and comment, no formal correspondence has been received as of the date of preparation of this report. Given that the application satisfies all four tests outlined in the Planning Act (1990), as amended, the proposed variance can be considered minor and it is recommended it be approved. original signed by Sarah Martin, B ES Planner Huron County Planning and Development Department, Court House, Goderich ON N7A 1M2 Phone / Fax

19 Page 18 APPENDIX I KEY MAPS Schedule 'A' STEPHEN WARD Location Map N LAKE HURON GRAND BE ND AUSA BLE RIV ER AUX SABLE CON (WEST) 22 PROV. HWY LAKE ROAD CON. (EAST) P ROVINCIAL HWY A B P RO VINCIAL HW Y NORT H B OUNDA RY CON SHIPKA DA SHWOOD COUNTY HWY MUD CR. 19 DRA IN CREDIT ON RIV ER 5 8 A UX S AB LE COUNTY HWY EXETE R 2 1 P ROVINCIAL HWY GREE NWA Y CORB ET T SOUT H B OUNDA RY CON MOUNT CA RME L CE NT RA LIA 2 1 COUNT Y RD. 15 Subject Lands to which this Minor Variance applies. Huron County Planning and Development Department, Court House, Goderich ON N7A 1M2 Phone / Fax

20 Page 19 N SCHEDULE "A" KEY MAP 1C TOWNSHIP OF STEPHEN METRES FEET SEE KEY MAP 1A SEE KEY MAP 1 PRINCE LEOPOLD STREET HC1 190 HC1 185 LONDON HURON AND BRUCE RAILWAY STATION VM1 VR1 100 HC1 VR1 90 WELLINGTON STREET B D C A 95 PRINCE ARTHUR STREET VR RICHMOND 55 VR1 PORT LAND VR PRINCE ALFRED STREET 35 VR1 STREET 30 STREET VR1 VR1-2 VR1 VM1-4 VR1 VC R. P VC1 R. P WELLINGTON ST REET 85 I1 1 VICTORIA STREET OR LONDON ROAD VR VC1-2 3 VC1 VR2-2 2 Subject Lands to w hich this Minor Variance applies 1 AMENDED BY BY-LAW , AMENDED BY BY-LAW AMENDED BY BY-LAW AMENDED BY BY-LAW AMENDED BY BY-LAW Huron County Planning and Development Department, Court House, Goderich ON N7A 1M2 Phone / Fax