THE CORPORATION OF THE MUNICIPALITY OF BLUEWATER COMMITTEE OF ADJUSTMENT AGENDA MONDAY, OCTOBER 3, 2016 BLUEWATER COUNCIL CHAMBERS VARNA, ON

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1 THE CORPORATION OF THE MUNICIPALITY OF BLUEWATER COMMITTEE OF ADJUSTMENT AGENDA MONDAY, OCTOBER 3, ROLL CALL AND CALL TO ORDER BLUEWATER COUNCIL CHAMBERS VARNA, ON 2.0 APPROVAL OF THE AGENDA MOVED BY: SECONDED BY: Resolved, That the October 3, 2016 agenda of the regular Committee of Adjustment meeting be approved. 3.0 DISCLOSURE OF PECUNIARY INTEREST a) Disclose any pecuniary interest and its general nature thereof for this meeting. b) Disclose any pecuniary interest and its general nature thereof for the previous meeting, if absent. 4.0 ADOPTION OF MINUTES MOVED BY: SECONDED BY: Resolved, That the minutes of the August 2, 2016 Committee of Adjustment Meeting be received. 5.0 APPLICATION FOR MINOR VARIANCE FILE: A9/16 Erb Bayfield LLC Lots 4, 5, 27 RP 154, Pt. Huron Terrace RP Tuyll St. Bayfield Ward Planner Denise Van Amersfoort will present the details of the application. MOVED BY: SECONDED BY: Resolved, That application File A9/16 affecting Lots 4, 5, 27 RP 154, Pt. Huron Terrace RP Tuyll St. Bayfield Ward be approved subject to the following conditions: 1. The structure be located within the footprint contained on the sketch that accompanied the application; 2. The structure be as shown in the elevation drawings that accompanied the application; 3. The well on the subject property be properly decommissioned to the satisfaction of the Chief Building Official; 4. The variance approval is valid for a period of 18 months from the date of the Committee s decision.

2 6.0 APPLICATION FOR MINOR VARIANCE FILE A10/16 R. Rathwell E. Pt. Lot 10, Lot 11 RP Bayfield Terrace Bayfield Ward Planner Denise Van Amersfoort will present the details of the application. MOVED BY: SECONDED BY: Resolved, That application File A10/16 affecting Pt. Lot 10, Lot 11 RP 147, 28 Bayfield Terrace Bayfield Ward be deferred to allow for further discussions with neighbours. 7.0 ADJOURNMENT MOVED BY: SECONDED BY: Resolved, That the Committee of Adjustment meeting adjourn at.

3 THE CORPORATION OF THE MUNICIPALITY OF BLUEWATER COMMITTEE OF ADJUSTMENT MINUTES TUESDAY, AUGUST 2, 2016 BLUEWATER COUNCIL CHAMBERS VARNA, ON 1.0 Mayor Hessel, Deputy Mayor Fergusson, Councillors Roy, Becker, Gillespie, Irvin, Hill and Whetstone were present. Councillor Zimmerman sent her regrets. The Mayor called the meeting to order at 7:01 p.m. 2.0 APPROVAL OF THE AGENDA MOVED BY: Councillor Gillespie SECONDED BY: Councillor Becker Resolved, That the August 2, 2016 agenda of the regular Committee of Adjustment meeting be approved. Carried. 3.0 DISCLOSURE OF PECUNIARY INTEREST a) Disclose any pecuniary interest and its general nature thereof for this meeting. No disclosures were made. b) Disclose any pecuniary interest and its general nature thereof for the previous meeting, if absent. No disclosures were made. 4.0 ADOPTION OF MINUTES MOVED BY: Deputy Mayor Fergusson SECONDED BY: Councillor Roy Resolved, That the minutes of the July 4, 2016 Committee of Adjustment Meeting be received. Carried. 5.0 APPLICATION FOR MINOR VARIANCE FILE: A8/16 F. Vanasse Lot 80, Part Lots 8 and 84, Part 2, 22R-6246, RP Mill Ave. Zurich Ward Francine Vanasse was present. Written comments received from a neighbour K. McDonald were distributed to the Committee members for review. Planner Craig Metzger presented the details of the application. He described the concerns set out in the written submission from K. McDonald. The applicant, Francine Vanasse requested the Committee to defer consideration of her application to give her an opportunity to resolve the neighbour s concerns. MOVED BY: Councillor Gillespie SECONDED BY: Councillor Whetstone

4 Resolved, That application File A8/16 affecting Lot 80, Part Lots 8 and 84, Part 2, 22R-6246, RP 320, 24 Mill Ave., Zurich Ward be deferred to allow the applicant to address written concerns identified by neighbour K. McDonald. 6.0 ADJOURNMENT MOVED BY: Councillor Irvin SECONDED BY: Councillor Whetstone Resolved, That the Committee of Adjustment meeting adjourn at 7:20 p.m.

5 PLANNING & DEVELOPMENT 57 Napier Street, Goderich, Ontario N7A 1W2 CANADA Phone: Ext. 3 Fax: Toll Free: Ext. 3 To: Kyle Pratt, CAO, Municipality of Bluewater Members of Committee of Adjustment From: Denise Van Amersfoort, Planner Date: Re: Application A09/16 Lots 4, 5 and 27, Registered Plan 154, 51 Tuyll Street, Bayfield Ward, Municipality of Bluewater Applicant: Leslie Erb Liedtke Owner: Erb Bayfield LLC RECOMMENDATION It is recommended that application A10/16 be approved subject to the following conditions: 1. the structure be located within the footprint contained on the sketch that accompanied the application; 2. the structure be as shown in the elevation drawings that accompanied the application; 3. that the well on the subject property be properly decommissioned to the satisfaction of the Chief Building Official; and 4. the variance approval is valid for a period of 18 months from the date of the Committee s decision. PURPOSE AND DESCRIPTION This application proposes to construct a single detached dwelling 13.5 metres from the top-of-bank of Lake Huron where the Zoning By-law requires a setback of 30 metres. While the top of bank is variable along this property, the closest distance from the proposed dwelling to the top-of-bank is 13.5 metres (measured from the south-west corner of the proposed dwelling to the top-of-bank at the southerly extent of the property). COMMENTS RECEIVED Person/Agency Municipality of - No concerns. Bluewater Staff Ausable Bayfield Conservation Authority (ABCA) Neighbours Summary of Comments - No objections from either a natural heritage or natural hazards perspective. - An ABCA permit for the proposed work will be required. - Two letters of support were received for this application. One from the Laudenbachs at 49 Tuyll and another from Pierces at 44 Tuyll. REVIEW The subject property is designated Residential and Natural Environment on Schedule C of the Bluewater Official Plan and zoned Low Density Residential (R1), Natural Environment (NE3) in the Bluewater Zoning By-law (Zone Map 1A). The following figures contain photographs of the subject property as well as a site plan showing the proposed location of the dwelling and elevation drawings of the proposed structure. The applicants stated in their application form that it is not possible to comply with the Zoning By-law because the owner wishes to maintain views and relationship with the shoreline. Planning with the community for a healthy, viable and sustainable future.

6 Minor Variance Application A09/16: Erb (51 Tuyll) Page 2 of 4 Figure 1. Subject Parcel Air Photo (subject property outlined in yellow) Figure 2. Subject property (photo taken from southwest corner of property, facing north) Figure 3. Site Sketch (with top of bank setback and well location highlighted in red)

7 Minor Variance Application A09/16: Erb (51 Tuyll) Page 3 of 4 Figure 4. Building Elevations East Elevation West Elevation Minor variances are required to satisfy four tests under the Planning Act before they can be approved. To be approved the requested variance must be: 1) minor, 2) desirable for the appropriate development or use of the land, building or structure, 3) maintain the general intent and purpose of the zoning by-law, and 4) maintain the general intent of the official plan. The subject application seeks relief from Section of the Bluewater Zoning By-law which states that where a property has a minimum distance of at least 50 metres between the shortest street line and the top-of-bank of Lake Huron, all structures shall be set back a minimum of 30 metres from top-of-bank. The applicants have proposed a 13.5 metre setback from the top-of-bank for the proposed single detached dwelling. The applicants currently have a cottage which is located 13.5 metres from the top of bank. The Zoning By-law considers the existing structure to be legal non-complying in this regard and does permit the reconstruction of a dwelling in the same location. The applicants chose to forgo their legal non-complying status so that they were able to build an entirely new cottage, complete with a different footprint and moved slightly to the south to meet the minimum interior side yard setback from their neighbours to the north. As such, this dwelling is considered to be a new structure under the By-law and must comply with all requirements. The protection of the hazards (Lake Huron, bank and top-of-bank area) is the primary concern with this application. The ABCA has been entrusted by the Province with the responsibility to comment on natural hazard concerns within the Municipality of Bluewater. As the ABCA has indicated they do not object to the construction of the dwelling as proposed, the requested variance is minor and appropriate from a natural hazards perspective. ABCA has also reviewed this application from a natural heritage perspective and found that they have no objection, thus the variance is considered minor and appropriate from a natural heritage perspective. Section 6.10 of the Official Plan provides direction for development within proximity to natural hazards and the Zoning By-law implements this vision by requiring minimum setback distances. The subject minor variance maintains the intent of the Official Plan and Zoning By-law in that variable factors associated with the hazard have been assessed and the conclusion reached that the construction of the dwelling 13.5 metres from the topof-bank will not create an adverse impact for either the structure or the natural hazard. The site sketch for the new dwelling indicates that construction is proposed over top of an existing well. This property is serviced by municipal water. The Ontario Water Resource Act, Regulation 903 on Wells, states that The well owner shall immediately abandon the well if it is not being used or maintained for future use

8 Minor Variance Application A09/16: Erb (51 Tuyll) Page 4 of 4 as a well ; while the owner states that they would like to maintain the well for the purpose of watering gardens, the recommendation is that the well be properly decommissioned in compliance with Regulation 903. The Manager of Public Works for Bluewater is in support of this recommended condition. In summary, the minor variance meets the four tests and is recommended for approval. Please note this report is prepared without the benefit of input from the public as may be obtained through the hearing. The Committee should carefully consider any comments and/or concerns expressed at the hearing prior to making their decision on this application. Sincerely, Denise Van Amersfoort Planner Site Inspection: September 14, 2016

9 PLANNING & DEVELOPMENT 57 Napier Street, Goderich, Ontario N7A 1W2 CANADA Phone: Ext. 3 Fax: Toll Free: Ext. 3 To: Kyle Pratt, CAO, Municipality of Bluewater Members of Committee of Adjustment From: Denise Van Amersfoort, Planner Craig Metzger, Senior Planner Date: Re: Application A10/16 Part Lot 22, Lot 23 and Part Lot 24, Registered Plan 147, 28 Bayfield Terrace, Bayfield Ward, Municipality of Bluewater Owner: Brian Dupuis and Rebecca Rathwell RECOMMENDATION It is recommended that application A10/16 be deferred to allow for further discussions with neighbours. PURPOSE AND DESCRIPTION This application proposes to construct an accessory building (detached garage) which is 7.3 metres in height where the Zoning By-law permits a maximum height of 6 metres. COMMENTS RECEIVED Person/Agency Municipality of Bluewater Staff Ausable Bayfield Conservation Authority (ABCA) Neighbours Summary of Comments - No concerns. - The driveway will need to be amended to reflect the entrance permit requirement of a minimum platform width of 6 metres. - No objections as the location of the proposed garage is not regulated. - An ABCA permit for the proposed dwelling may be required. - Letters were received from two neighbours indicating that they have no concerns with the proposed variance: the Reynolds (current owners of 43 Colina) and Mike Voll (31 Bayfield Terrace). - A letter of objection was received from the purchasers of 43 Colina Street. The property is to be transferred to the ownership of Michael Zaleski and Marion Borrowman on October 3, The objection letter states: The erection of a two storey garage is out of character for the residential area in and around the subject property; The erection of a two storey garage in which there is to be a bonus room on the second storey would interfere with the ordinary use and enjoyment of the property being acquired; The design of the garage is such that there would be windows in all four sides and the property to be acquired would be in direct view of the second storey of the garage; Planning with the community for a healthy, viable and sustainable future.

10 Minor Variance Application A10/16: Rathwell/Dupuis Page 2 of 6 If the variance is to be permitted, they request that a condition be imposed where in no windows whatsoever be permitted in the west and south elevations in the second storey; if this is not agreeable, they request that the windows on the west and south sides be incapable of being opened and feature either acid etch or frosted glass. REVIEW The subject property is designated Residential on Schedule C of the Bluewater Official Plan and zoned Low Density Residential (R1) in the Bluewater Zoning By-law (Zone Map 1A). The following figures contain photographs of the subject property as well as a site plan showing the proposed location of the garage and elevation drawings of the proposed structure. The applicants stated in their application form that it is not possible to comply with the Zoning By-law because the height restrictions do not permit adequate space for head room and storage needs. Figure 1. Subject Parcel Air Photo (subject property outlined in red)

11 Minor Variance Application A10/16: Rathwell/Dupuis Page 3 of 6 Figure 2. South-west corner of subject property (proposed location of detached garage) Figure 3. Site Sketch

12 Minor Variance Application A10/16: Rathwell/Dupuis Page 4 of 6 Figure 4. Building Elevations North Elevation East Elevation South Elevation West Elevation North Elevation of Proposed House (not subject to the minor variance) Minor variances are required to satisfy four tests under the Planning Act before they can be approved. To be approved the requested variance must be: 1) minor, 2) desirable for the appropriate development or use of the land, building or structure, 3) maintain the general intent and purpose of the zoning by-law, and 4) maintain the general intent of the official plan. The subject application seeks relief from Section of the Bluewater Zoning By-law which states that the maximum height for accessory buildings in residential zones is 6 metres. The proposed garage is 7.3 metres in height.

13 Minor Variance Application A10/16: Rathwell/Dupuis Page 5 of 6 In recent years, two-storey garages have become more common in Bluewater. These structures provide opportunities for additional storage or other uses (depending on the extent of the ceiling height). It is possible to accommodate a two storey structure within the maximum height of 6 metres stated in the Bluewater Zoning Bylaw. The letter of objection states that the erection of a two storey garage is out of character for the residential area in and around the subject property. While it is true that there are no two-storey garages in the subject neighbourhood presently, the By-law permits two-storey structures by permitting a maximum height of 6 metres. It is not reasonable to deny the variance on the basis of character of the existing neighbourhood when a 6 metre, two-storey structure would be permitted without a variance. The impact of the increased height of the overall building and particularly, the impact of a more useable space on the second storey does merit examination. The increase in overall height does not create a negative visual impact. The application states that in addition to constructing a detached garage, the applicants also intend to remove the existing single detached dwelling and build a new dwelling. The applicants have provided the elevations for the new dwelling for the purpose of demonstrating that the two structures have been designed to complement one another. Further, the proposed house is 7.9 metres in overall height while the proposed detached garage is 7.3 metres in height and thus, from the street line, the house will maintain visual prominence over the garage in terms of height. Additionally, the detached garage is proposed in a location which is directly abutting accessory buildings on two other properties; this location provides some screening from and for the abutting properties. Figure 5: Accessory buildings on abutting properties The most significant impact of the subject variance is the increased usability of the second storey bonus room and its impact on the privacy enjoyed by abutting properties. The rear yard of a property is typically the yard in which the highest degree of privacy is possible and therefore, it tends to be the largest of the yards. Rear yards are spaces in which property owners may enjoy the use of a deck or patio, barbeque, garden, swimming pool, storage shed, children s play area, etc. Some of the activities noted are not as appropriate or desirable in front or side yards due to the fact that there is less privacy and more impact on the streetscape. It is for these reasons that the Zoning By-law requires that the rear yard have the most depth; in Bluewater, the R1 zones requires an 8 metre rear yard setback for the main dwelling. The introduction of a more usuable space on the second floor of an accessory building does present a possible infringement onto the privacy which has come to be expected of a rear yard. Common strategies to enhance privacy such as fences or planting strips are not effective when the viewshed is raised to the second storey. The applicant has stated that this space will be used for storage purposes as well as provide a secondary space for fitness and/or a ping pong table. The subject garage includes windows on the north, east, south and west elevations. The windows on the north and east sides provide a view of their own property and do not present an issue. Upon inspection of the interior building plans, the south-facing window is clearly located in a stairwell and is less likely to provide a view to the inhabitants of the second storey space. The windows in the west elevation are the most problematic in that they will provide a direct view onto the abutting property s rear yard and to

14 Minor Variance Application A10/16: Rathwell/Dupuis Page 6 of 6 some extent, a view into the yard of 43 Colina Street (because this property is located kitty-corner to the subject property, it is unclear how much of a view the second storey garage will create). The applicants have been asked to consider what amendments they are willing to make to the design of the windows on the second storey to address neighbouring concerns. At the time of submitting this report, a resolution had not yet been reached which is why deferral is recommended. Sincerely, Denise Van Amersfoort Planner Craig Metzger Senior Planner Site Inspection: September 14, 2016