THE CORPORATION OF THE MUNICIPALITY OF BLUEWATER COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, AUGUST 8, 2017 BLUEWATER COUNCIL CHAMBERS VARNA, ON

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1 THE CORPORATION OF THE MUNICIPALITY OF BLUEWATER COMMITTEE OF ADJUSTMENT AGENDA TUESDAY, AUGUST 8, ROLL CALL AND CALL TO ORDER BLUEWATER COUNCIL CHAMBERS VARNA, ON 2.0 APPROVAL OF THE AGENDA MOVED BY: SECONDED BY: Resolved, That the August 8, 2017 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 June 5, 2017 Committee of Adjustment Meeting be adopted. 5.0 APPLICATION FOR MINOR VARIANCE FILE A8/17 Robert J. McCrea Architect, for G. & E. Elliott 29 Christy Street, Lot 391, Lot 392, RP 147 Bayfield Ward Senior Planner Craig Metzger will present the details of the application. MOVED BY: SECONDED BY: Resolved, That application File A8/17 affecting 29 Christy Street, Lot 391, Lot 392, RP 147 Bayfield Ward be approved with the following conditions: 1. The proposed residential addition be located within the footprint contained on the sketch that accompanied the application; 2. Build as per the most recent submitted elevation drawings; 3. That the dwelling unit not be occupied until an occupancy permit is issued by the CBO; 4. That By-law of the Corporation of the Village of Bayfield be repealed; and 5. The variance approval is valid for a period of 18 months from the date of the Committee s decision. COMMITTEE TO ADVISE WHAT EFFECT PUBLIC OR AGENCY COMMENTS HAD ON THEIR DECISION PLANNER TO DESCRIBE NEXT STEPS 1

2 6.0 APPLICATION FOR MINOR VARIANCE FILE A9/17 Vreni Beeler for Swiss Trio Farms Pt. Lot 6, LRE Concession, Bluewater Hwy. Hay East Ward Senior Planner Craig Metzger will present the details of the application. MOVED BY: SECONDED BY: Resolved, That application File A9/17 affecting Part Lot 6, Con LRE, Bluewater Hwy. Hay East Ward be approved with the following conditions: 1. The new layer barn be located within the footprint contained on the sketch that accompanied the application; 2. Build the new layer barn as per the most recent submitted elevation drawings; 3. The variance approval is valid for a period of 18 months from the date of the Committee s decision. COMMITTEE TO ADVISE WHAT EFFECT PUBLIC OR AGENCY COMMENTS HAD ON THEIR DECISION PLANNER TO DESCRIBE NEXT STEPS 7.0 ADJOURNMENT MOVED BY: SECONDED BY: Resolved, That the Committee of Adjustment meeting adjourn at. 2

3 THE CORPORATION OF THE MUNICIPALITY OF BLUEWATER COMMITTEE OF ADJUSTMENT MINUTES MONDAY, JUNE 5, 2017 BLUEWATER COUNCIL CHAMBERS VARNA, ON 1.0 ROLL CALL AND CALL TO ORDER Mayor Hessel, Deputy Mayor Fergusson, Councillors Roy, Becker, Gillespie, Zimmerman, Whetstone, Hill and Irvin were present. The meeting was called to order at 6:00 p.m. 2.0 APPROVAL OF THE AGENDA MOVED BY: Deputy Mayor Fergusson SECONDED BY: Councillor Becker Resolved, That the June 5, 2017 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: Councillor Irvin SECONDED BY: Councillor Hill Resolved, That the minutes of the May 8, 2017 Committee of Adjustment Meeting be adopted. Carried. 5.0 APPLICATION FOR MINOR VARIANCE FILE A5/17 J. & K. Regier Lot 1, Pl 117, Michael Court Stanley West Ward Planner Jen Burns presented the details of the application. Jason Regier, applicant was in attendance. MOVED BY: Councillor Irvin SECONDED BY: Councillor Becker Resolved, That application File A5/17 affecting Lot 1, Pl 117, Michael Court, Stanley West Ward be approved with the following conditions: 1. The garage addition be located within the footprint contained on the sketch that accompanied the application; 2. Build the garage addition as per the most recent submitted elevation drawings; 3

4 3. The truck body be removed from the property prior to applying for a building permit for the garage addition; 4. The variance approval is valid for a period of 18 months from the date of the Committee s decision. Carried. The Committee related that they were influenced by the Planners report. 6.0 APPLICATION FOR MINOR VARIANCE FILE A6/17 F. & K. Tremblay Lot 19, Pl 597, Westshore Drive Stanley West Ward Planner Jen Burns presented the details of the application. The applicant, Frank Tremblay was in attendance. MOVED BY: Councillor Irvin SECONDED BY: Deputy Mayor Fergusson Resolved, That application File A6/17 affecting Lot 19, Pl 597, Westshore Drive, Stanley West Ward be approved with the following conditions: 1. The garage addition be located within the footprint contained on the sketch that accompanied the application; 2. Build the garage addition as per the most recent submitted elevation drawings; 3. The variance approval is valid for a period of 18 months from the date of the Committee s decision. Carried. The Committee noted that their decision was influenced by the Planner s report. 7.0 APPLICATION FOR MINOR VARIANCE FILE A4/17 D. Howlett and A. Taylor Lot 26 Pt Lot 27, 28 Pl 516, Campbell Ave. Hay West Ward Senior Planner Craig Metzger presented the details of the application. The applicant, Daryl Howlett was in attendance. MOVED BY: Councillor Gillespie SECONDED BY: Councillor Irvin Resolved, That application File A4/17 affecting Lot 26 Pt Lot 27, 28 Pl 516, Campbell Ave. Hay West Ward be approved with the following conditions: 1. The deck be located within the footprint contained on the sketch that accompanied the application; 2. A building permit be obtained for the deck, to the satisfaction of the CBO; 3. The variance approval is valid for a period of 18 months from the date of the Committee s decision. Carried. The Committee advised that their decision was influenced by the Planner s report and by information from the applicant. 4

5 8.0 APPLICATION FOR MINOR VARIANCE FILE A7/17 G. Keys for Bruann Farms Limited Lot 12 Con 8, Babylon Line Stanley East Ward Senior Planner Craig Metzger presented the details of the application. No member of the public made any representation. MOVED BY: Councillor Roy SECONDED BY: Councillor Becker Resolved, That application File A7/17 affecting Lot 12, Con 8, Babylon Line, Stanley East Ward be approved with the following conditions: 1. The barn addition and new house be located within the footprint contained on the sketch that accompanied the application; 2. Build the barn addition and new house as per the most recent submitted elevation drawings; 3. The variance approval is valid for a period of 18 months from the date of the Committee s decision. Carried. The Committee advised their decision was influenced by the Planners report. 9.0 ADJOURNMENT MOVED BY: Councillor Zimmerman SECONDED BY: Councillor Gillespie Resolved, That the Committee of Adjustment meeting adjourn at 6:25 p.m. 5

6 PLANNING & DEVELOPMENT 57 Napier Street, Goderich, Ontario N7A 1W2 CANADA Phone: Ext. 3 Fax: Toll Free: Ext. 3 To: Municipality of Bluewater From: Jennifer Burns, Planner Date: August 1, 2017 Re: Application A8/17 Plan 147, Lot 391, Lot 392 (29 Christy St.), Bayfield Ward, Municipality of Bluewater Owner: Gordon R.L. Elliott and Evelyn Miosotis Elliott Agent: Robert J. McCrea RECOMMENDATION It is recommended that application A8/17 (29 Christy St.) be approved subject to the following conditions: 1. the proposed residential addition be located within the footprint contained on the sketch that accompanied the application; 2. build as per the most recent submitted elevation drawings; 3. that the dwelling unit not be occupied until an occupancy permit is issued by the CBO; 4. that by-law of the Corporation of the Village of Bayfield be repealed; and 5. 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 reduce the required rear yard setback from 8m to 5.9m. The specific requested variance is: 1. to vary Section 25.5 to reduce the rear yard setback to 5.9m where 8m is required. COMMENTS RECEIVED Person/Agency Municipality of Bluewater Staff Neighbours Summary of Comments -Routine private service/metre kit/billing setup -No new entrance required -Illegal dwelling unit in garage (see condition) -Disconnect servicing from house to garage- OCWA & HCHU inspection None Received REVIEW The subject property is designated Residential on Schedule B of the Bluewater Official Plan and zoned Residential- Low Density (R1) in the Bluewater Zoning By-law (Key Map 1A). See Figures 1-3 below for an air photo and site sketch of the subject property. The applicant has requested a variance to reduce the required rear yard setback from 8m to 5.9m to convert the garage to a dwelling on a separate property, from the lot containing the applicant s existing home. Lots 392 & 391 are currently merged (see Figure 1), however an application to revoke the deeming by-law has been made. Once the lots are separate, the owners wish to sell the dwelling on lot 392 and build an addition on the existing garage on lot 391 to convert it to a legal dwelling- see Figure 2 for the site sketch and Figure 4 for the proposed floor plan. As a separate lot, the garage does not comply with the 8m rear yard setback, if the garage is regarded as a dwelling instead of an accessory building. The Planning with the community for a healthy, viable and sustainable future. 6

7 Minor Variance Application A8/17: Elliott Page 2 of 6 August 1, 2017 building projects approx. 1.8m into the 8m rear yard setback. A minor variance is required to make the new dwelling (existing garage plus addition) comply with the zoning by-law. Figure 1. Subject Parcel Air Photo (subject property outlined in bold orange) 7

8 Minor Variance Application A8/17: Elliott Page 3 of 6 August 1, 2017 Figure 2. Site Sketch Figure 3. Elevations East Elevation West Elevation 8

9 Minor Variance Application A8/17: Elliott Page 4 of 6 August 1, 2017 South Elevation Figure 4. Proposed Floor Plan 9

10 Minor Variance Application A8/17: Elliott Page 5 of 6 August 1, 2017 Figure 5. Photographs of Subject Property Standing on Christy St. looking north at the garage (left) and house (right)- Google Streetview 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. This application is proposing to vary Section 25.5 to reduce the rear yard setback to 5.9m where 8m is required. The garage will continue to exist and an addition will be built to convert it into a legal dwelling. The variance is considered to be minor, as there is only a 2m reduction to the required rear yard setback. Furthermore, the proposed addition will not make the garage (converted dwelling) further out of compliance of the zoning by-law than it already is. It is not anticipated that the proposed variance will have any adverse impact on neighbours. Revoking the deeming by-law will separate the lots into two parcels that are of the same general size as many of the surrounding lots. Separating the lots and turning the garage into a legal home is desirable for the appropriate development of the parcel. The garage currently does not have municipal services hooked-up, but it has been confirmed that services are available for this lot. As is, the garage contains an illegal dwelling unit and therefore does not conform with the zoning by-law or official plan. However, once the deeming by-law is revoked, the minor variance is obtained and an occupancy permit is provided, both parcels (29 & 31 Christy St) will be in compliance with the Bluewater Zoning By-law and Official Plan. The Provincial Policy Statement (PPS) dictates that Settlement Areas shall be the focus of growth and development and their vitality and regeneration shall be promoted. This application and the creation of a new residential parcel in a settlement area, meets the intent of the PPS. Staff commented on the application and have recommended the condition: that the dwelling unit not be occupied until an occupancy permit is issued by the CBO be included with the variance. The use of the subject property will continue to be residential as intended by the Bluewater Official Plan and the Bluewater Zoning By-law. Consequently, the variance maintains the intent of both the Official Plan and Zoning By-law. As the four tests for a minor variance have been met, it is recommended that the requested variances be approved with conditions. 10

11 Minor Variance Application A8/17: Elliott Page 6 of 6 August 1, 2017 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, Jennifer Burns Planner Site Visit: July 31,

12 COMMITTEE OF ADJUSTMENT NOTICE OF HEARING APPLICATION FOR MINOR VARIANCE Date of Hearing: Tuesday, August 8, 2017 Time of Hearing: 6:00 p.m. Location: Municipality of Bluewater Council Chambers, Stanley Complex, 38594B Mill Road (west of Varna on County Road 3.) Application No.: A8/17 Location of Property: 29 Christy Street Ward: Bayfield PURPOSE AND EFFECT: Convert a garage to a residence. Reduce the required rear yard setback from 8 m to 5.8 m (Concurrent application to repeal a deeming by-law) Official Plan Designation: Zoning Designation: Residential R1 The property is not the subject of any other application under the Planning Act or for approval of a plan of subdivision or consent. ADDITIONAL INFORMATION relating to the proposed variance is available for inspection during regular office hours at the Municipal office, 14 Mill Ave. Zurich, ON N0M 2T0 or by contacting Arlene Parker, Secretary-Treasurer Ph: x 235 F: planninginfo@municipalityofbluewater.ca 12

13 Provide Your Input ANY PERSON may attend the public meeting and/or make a written or verbal submission either in support of or against the proposed application. APPEALING TO THE ONTARIO MUNICIPAL BOARD The applicant, the Minister or any other person or public body who has an interest in the matter may within 20 days of the making of the decision appeal to the Municipal Board against the decision of the Committee by filing with the Secretary-Treasurer of the Committee a notice of appeal setting out the objection to the decision and the reasons in support of the object accompanied by payment to the Secretary-Treasurer of the fee prescribed by the Municipal Board. Usually any person, public body or incorporated group can appeal to the OMB either a decision or a failure to make a decision. An unincorporated neighbourhood association must appeal under the name of one of its members. When no appeal is lodged within twenty (20) days of the date of the making of the decision, the decision becomes final and binding and notice to that effect will be issued by the Secretary- Treasurer. s. 45 Planning Act, R.S.O. 1990, c.p.13 DATED AT THE MUNICIPALITY OF BLUEWATER THIS 17 th DAY OF July, municipalityofbluewater.ca 13

14 R1 15 m 25.35m 450 m m m2 Allowable Proposed % 26.09% 5.00m 7.81m 8.00m 5.88m 1.60m 2.98m 1.60m 6.45m 30 % 0.00% 14 m 8.10m NA NA Zone Coverage Percentage Front Yard Setback (Min.) Rear Yard Setback (Min.) Lakeside Interior Side Yard Setback (Min.) East Interior Side Yard Setback (Min.) West Landscape Open Space (Min.) Height of Building (Max.) Sight Triangle Existing m2 0.00m2 0.00m2 0.00m m m m2 8'-0" [2.44] Existing grades to remain Addition Proposed m m2 0.00m2 0.00m m m m m m m m m m m2 Rear Setback Subject Property 26'-3" [8.01] 9'-9" [2.98] 51'-11" [15.81] 16'-4" [4.98] PROJECT DESCRIPTION Front Addition and Interior Alterations 54'-6" [16.61] 6'-7" [2] 7'-2" [2.19] 11.71m2 SYMBOLS LEGEND 1 SECTION SECTION NUMBER DRAWING WHERE SECTION IS FOUND A1 30'-11" [9.42] FIXTURE TYPE F01 51'-7" [15.72] SWITCH ROOM NUMBER B1A NEW WALL - SEE WALL TYPE Columns, typ. Stone paving PROPOSED ELEVATION 24'-2" [7.37] EXISTING ELEVATION AFF ABOVE FINISHED FLOOR NIC NOT IN CONTRACT VACUUM OUTLET FG FIXED GLASS 50'-5 1/4" [15.37] GWB 16'-4" [4.98] GYPSUM WALL BOARD DESIGN DATA 49'-10" [15.2] 15'-9" 48'-4" [4.8] [14.74] 32'-0" [9.76] 5'-7" [1.71] Snow Load Snow Rain Roof Factor Goderich Cb Ss Sr Roof width > 4.3m S=Cb*(Ss+Sr)= 1.54 Therefore 2.00 kpa min. Reference OBC (2) Table SB-1 6'-3" [1.9] Note: Wood deck altered under Permit Occupancy Permit dated June 13, '-11" [5.46] Proposed driveway location shown shaded. Building Area = m2 Deck Area = 95.28m2 Existing grades to remain EXHAUST FAN V EXIST. WALL - TO REMAIN Covered Porch 1 1/2 Storey Addition Existing driveway location Fan Addition Patio TELEPHONE OUTLET THERMOSTAT CARBON MONOXIDE DETECTOR Line of roof over Prepared by D. Culbert Ltd. Ontario Land Surveyor CABLE OUTLET CO WALL TO BE REMOVED Existing grades to remain C SMOKE DETECTOR S Walkway WALL TYPE Therm. GAS Garden DRAWING NOTE B1A Tel. ELECTRICAL OUTLET Existing 8'-2" [2.48] WINDOW NUMBER LINTEL (WHERE REQUIRED) W12 L2 Existing 1 1/2 Storey Garage Site information taken from "Topographical Site Sketch 29 Christy Street of all of Lots 391 and 392 Registered Plan No. 147 Village of Bayfield Municipality of Bluewater County of Huron" NOTE 3 DOOR NUMBER LINTEL (WHERE REQUIRED) 07 L1 56 Zoning 31 Christy Street Bayfield Lot Frontage (Min.) Lot Area (Min.) Zone Coverage Areas Ground Floor (excluding porches) Attached Garage (included above) Covered Porch - Entry Porch Covered Porch - West Side Sub-Total Second Floor Total GFA KEY PLAN 28-Jul SITE INFORMATION 4'-5" [1.35] DRAWING SCHEDULE 16'-3" [4.96] A1 A2 A3 A4 A5 A6 A7 A8 Site Plan, Grading & Site Information Ground & Second Floor Plan Footing & Roof Plan Elevations Building Sections Building Sections and Details Door, Window & Room Finish Schedules Covered Porch Line of roof over 38'-0" [11.57] 3'-5" [1.04] 14'-1" [4.3] 18'-0" [5.47] 11'-9" [3.58] 9'-10" [2.99] 25'-10" [7.86] 39'-10" [12.14] ALL DRAWINGS ARE THE PROPERTY OF THE ARCHITECT AND MAY NOT BE USED OR REPRODUCED WITHOUT WRITTEN CONSENT. CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS ON SITE. THIS DRAWING SHALL NOT BE SCALED. 31'-2" [9.49] Existing grades to remain Planning Application June 16, 2017 ISSUE DATE R O B E R T J. M C C R E A A R C H I T E C T 44 Jackes Ave. Suite 2113 Toronto ON M4T 1E5 (416) mccrea.architect@icloud.com DRAWING TITLE Site Plan 1 A1 Site Plan Scale: 1/8" = 1'-0" FT PROJECT PROPOSED Residence 31 Christy Street Bayfield SCALE DATE 14 AS NOTED June 16, 2017 Ontario PROJECT NUMBER 1614 DRAWING NUMBER A1

15 Asphalt shingles to match existing Existing window to remain. Prefinished wood siding. D-24 L 26'-5" [8.04] L 52-D LD DL L3 53-D L D D D LD-31 0 LL 25'-6" [7.77] Proposed Height Existing Height Exist. eaves trough to remain. Existing windows to remain 1 A4 East Elevation Scale: 1/4"=1'0" Existing asphalt shingles Asphalt shingles to match existing Thin (20mm) stone veneer on cement board. Prefinished wood siding. Prefinished wood siding. L D D LD D LL D-33 D-35 L LD DL D-25 L L 42-D 26'-5" [8.04] 200 mm prefinished wood fascia 150 mm prefinished wood fascia Existing eaves trough 200 mm prefinished wood beam Prefinished wood column on stone clad CMU. 3 A4 Stone clad chimney. West Elevation Scale: 1/4"=1'0" New quarter round windows Exist. windows to remain. New prefinished wood siding. ALL DRAWINGS ARE THE PROPERTY OF THE ARCHITECT AND MAY NOT BE USED OR REPRODUCED WITHOUT WRITTEN CONSENT. Relocate exist. windows. Make good all surfaces. D-23 L L 92-D L 23-D D-01 L CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS ON SITE. THIS DRAWING SHALL NOT BE SCALED. Relocate exist. window to new location. L 10-D D-32 L D-29 L L 32-D Relocate exist. garage door to new location. Planning Application June 16, 2017 ISSUE DATE R O B E R T J. M C C R E A A R C H I T E C T 44 Jackes Ave. Suite 2113 Toronto ON M4T 1E5 (416) mccrea.architect@icloud.com DRAWING TITLE Elevations PROJECT PROPOSED Residence 31 Christy Street Bayfield 2 A4 North Elevation Scale: 1/4"=1'0" 4 A4 South Elevation Scale: 1/4"=1'0" 15 SCALE DATE AS NOTED June 16, 2017 Ontario PROJECT NUMBER DRAWING NUMBER 1614 A4

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22 PLANNING & DEVELOPMENT 57 Napier Street, Goderich, Ontario N7A 1W2 CANADA Phone: Ext. 3 Fax: Toll Free: Ext. 3 To: Municipality of Bluewater From: Jennifer Burns, Planner Date: August 1, 2017 Re: Application A9/17 Part Lot 6, Concession LRE, Bluewater Highway, Hay East Ward, Municipality of Bluewater Owner: Swiss Trio Farms Agent: Vreni Beeler RECOMMENDATION It is recommended that application A9/17 (73170 Bluewater Highway) be approved subject to the following conditions: 1. the new layer barn be located within the footprint contained on the sketch that accompanied the application; 2. build the new layer barn as per the most recent submitted elevation drawings; and 3. 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 reduce the setback to the interior side yard to construct a new layer barn. The specific requested variance is: 1. to vary Section 4.4 to reduce the setback to the interior side yard to 24m where 30m is required. COMMENTS RECEIVED Person/Agency Municipality of No concerns Bluewater Staff Neighbours None received ABCA No concerns Summary of Comments REVIEW The subject property is designated Agriculture on Schedule B of the Bluewater Official Plan and zoned General Agriculture (AG1) in the Bluewater Zoning By-law (Key Map 4). See Figures 1-3 below for an air photo and site sketch of the subject property. Planning with the community for a healthy, viable and sustainable future. 22

23 Minor Variance Application A9/17: Beeler Page 2 of 5 August 1, 2017 Figure 1. Subject Parcel Air Photo (subject property outlined in yellow) Figure 2. Site Sketch 23

24 Minor Variance Application A9/17: Beeler Page 3 of 5 August 1, 2017 Figure 3. Proposed Barn Air Photo (proposed barn outlined in red; subject property outlined in yellow) The subject property has an existing layer barn as shown in the photographs in the following section. The current layer barn will be removed post construction of the new barn. Figure 4 below shows an outline for the proposed new layer barn. The proposed minor variance will permit the construction of the new layer barn as depicted in the drawings below. Figure 4. Proposed Barn Details Air Photo (proposed barn= red; portion of old barn to be retained= blue) Figure 5. Photographs of Subject Property Standing in driveway looking east at the old layer barn (right) 24

25 Minor Variance Application A9/17: Beeler Page 4 of 5 August 1, 2017 Looking south at the proposed front corner for the new barn Standing at the far front corner of the proposed new barn, looking at the existing pullet barn. The applicant has requested a variance to reduce the required setback from the interior side yard from 30 metres to 24 metres to construct a new layer barn on the property. The applicant stated that it is not possible to comply with the zoning by-law because of biosecurity reasons between the proposed layer and existing pullet barns. The existing cluster of barns is closer to the property line than the new proposed replacement barn. 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. 25

26 Minor Variance Application A9/17: Beeler Page 5 of 5 August 1, 2017 This application is proposing to vary S.4.4 to reduce the interior side yard setback from 30 metres to 24 metres in order to permit the construction of a new layer barn. The request is minor in that it only varies the required interior yard setback by 6 metres, a 20 percent setback distance variance. The new layer barn is proposed to be built proximal to the old barn, keeping the structural footprint of buildings on the subject property contained. In addition, once construction of the proposed layer barn is complete, the old layer barn and manure tank is to be removed, keeping the total number of livestock buildings on the property the same. The front portion of the old layer barn is proposed to be kept to be continued to be used for the washing of equipment. Neighbouring properties are located at a distance, and as such, there is no expected visual impact or significant adverse impact on surrounding properties. This application is considered an appropriate development for the use of the land and building. Poultry operations have existed on the subject property for over 45 years and this application is consistent with continued agricultural use. The surrounding properties are also largely agricultural, and as such the variance is desirable to maintain the agricultural nature of the subject property and surrounding area. Staff commented on the application and have no concerns. Minimum Distance Separation requirements were identified and met. The subject property is within the ABCA regulated area. The ABCA has been entrusted by the Province with the responsibility to comment on natural environment areas within their regulation areas and within the Municipality of Bluewater. The ABCA has commented on the application and does not have any concerns with regard to the natural heritage or natural hazards for this application. The use of the subject property will continue to be general agriculture as intended by the Bluewater Official Plan and the Bluewater Zoning By-law. Consequently, the variances maintain the intent of both the Official Plan and Zoning By-law. As the four tests for a minor variance have been met, it is recommended that the requested variances be approved with conditions. 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, Jennifer Burns Planner Site Visit: June 13,

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28 COMMITTEE OF ADJUSTMENT NOTICE OF HEARING APPLICATION FOR MINOR VARIANCE Date of Hearing: Tuesday, August 8, 2017 Time of Hearing: 6:00 p.m. Location: Municipality of Bluewater Council Chambers, Stanley Complex, 38594B Mill Road (west of Varna on County Road 3.) Application No.: A9/17 Location of Property: Bluewater Highway Ward: Hay East PURPOSE AND EFFECT: Replace a chicken layer barn. Reduce the required interior side yard setback from 30 m to 24 m Official Plan Designation: Zoning Designation: Agriculture AG1 The property is not the subject of any other application under the Planning Act or for approval of a plan of subdivision or consent. ADDITIONAL INFORMATION relating to the proposed variance is available for inspection during regular office hours at the Municipal office, 14 Mill Ave. Zurich, ON N0M 2T0 or by contacting Arlene Parker, Secretary-Treasurer Ph: x 235 F: planninginfo@municipalityofbluewater.ca 28

29 Provide Your Input ANY PERSON may attend the public meeting and/or make a written or verbal submission either in support of or against the proposed application. APPEALING TO THE ONTARIO MUNICIPAL BOARD The applicant, the Minister or any other person or public body who has an interest in the matter may within 20 days of the making of the decision appeal to the Municipal Board against the decision of the Committee by filing with the Secretary-Treasurer of the Committee a notice of appeal setting out the objection to the decision and the reasons in support of the object accompanied by payment to the Secretary-Treasurer of the fee prescribed by the Municipal Board. Usually any person, public body or incorporated group can appeal to the OMB either a decision or a failure to make a decision. An unincorporated neighbourhood association must appeal under the name of one of its members. When no appeal is lodged within twenty (20) days of the date of the making of the decision, the decision becomes final and binding and notice to that effect will be issued by the Secretary- Treasurer. s. 45 Planning Act, R.S.O. 1990, c.p.13 DATED AT THE MUNICIPALITY OF BLUEWATER THIS 17 th DAY OF July, municipalityofbluewater.ca 29

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