Public Meetings Planning Applications Tuesday, October 20th, 2015

Transcription

1 Page Public Meetings Planning Applications Tuesday, October 20th, 2015 Committee of Adjustment 1. 6:30 p.m. - COA 16-15, Talbot Line 2. 6:40 p.m. - COA 17-15, Lot 1, Snyders Ave 3. 6:50 p.m. - COA Lot 10, Wintermute Court 4. 7:00 p.m. - COA Lot 20, Wintermute Court 5. 7:10 p.m. - COA Brayside Street 6. 7:20 p.m. - COA Main Street Page 1 of 21

2 6:30 p.m. - COA 16-15, Talbot Line Page 2 of 21

3 6:30 p.m. - COA 16-15, Talbot Line Page 3 of 21

4 The Corporation of the Municipality of Central Elgin NOTICE OF A PUBLIC HEARING FOR A MINOR VARIANCE Talbot Line, former Township of Yarmouth Application No TAKE NOTICE that an application has been made by the owner, Mark Peckham, for a minor variance pursuant to Section 45 of the Planning Act, c. P. 13, R. S. O. 1990, as amended, on lands known municipally as Talbot Line, former Township of Yarmouth, Municipality of Central Elgin. The Committee of Adjustment of the Municipality of Central Elgin will hold a Public Hearing on Tuesday, October 20th, 2015 at 6: 30 p.m. In the Council Chambers of the County of Elgin Administration Building located at 450 Sunset Drive, St. Thomas, to consider this application. The subject lands are located within the Industrial Zone 1 ( Yarmouth Zoning By-law No. 1998, as amended. Ci -4) Zone of the Township of The applicant, being the owner of the subject lands, has applied for a minor variance from the provisions of the Township of Yarmouth Zoning By-law No. 1998, as amended. The applicant is requesting the following variance: i) To permit a shed to be erected 0.3m from the rear lot line, whereas Subsection of the Township of Yarmouth Zoning By-law No. 1998, as amended requires a rear yard setback of 10.7m. The applicant is proposing to erect a 3.5m x 5m shed located within the rear yard of the subject lands. A minor variance is being requested to permit the shed 0. 3 from the rear lot line, whereas the C1-4 requires a rear yard setback of 10.7m. ADDITIONAL INFORMATION regarding this application is available for Inspection dally, Monday to Friday, 8: 30 a. m. to 4:30 p. m. at the Municipal Office. A copy of the decision of the Committee will be sent to the applicant and to each person who appeared In person or by counsel at the hearing and who filed with the Secretary -Treasurer a written request for Notice of Decision. DATED at the Municipality of Central Elgin this a day of October, Dianne Wilson Secretary -Treasurer Central Elgin Committee of Adjustment Municipality of Central Elgin 450 Sunset Drive, 15' Floor St. Thomas, Ontario N5R 5V1 Telephone: ( 519) ext. 286 Facsimile: ( 519) dwilson@centralelgin. org 6:30 p.m. - COA 16-15, Talbot Line Page 4 of 21

5 6:40 p.m. - COA 17-15, Lot 1, Snyders Ave Page 5 of 21

6 6:40 p.m. - COA 17-15, Lot 1, Snyders Ave Page 6 of 21

7 Corporation of the Municipality of Central Elgin NOTICE OF A PUBLIC HEARING FOR A MINOR VARIANCE Lot 1, Snyders Avenue, former Village of Belmont Application No TAKE NOTICE that an application has been made by the owner, Craigholme Estates Limited for a minor variance pursuant to Section 45 of the Planning Act, c. PA 3, R. S. O. 1990, as amended, on lands known municipally as Lot 1, Snyders Avenue former Village of Belmont, Municipality of Central Elgin. The Committee of Adjustment of the Municipality of Central Elgin will hold a Public Hearing on Tuesday, October 20th, 2015 at 6:40 p.m. in the Council Chambers of the County of Elgin Administration Building located at 450 Sunset Drive, St. Thomas, to consider this application. The subject lands are located within the Single Residential Zone ( hr1-4) of the Village of Belmont Zoning By- law No , as amended. The applicant, being the owner of the subject lands, has applied for a minor variance from the provisions of the Village of Belmont Zoning By- law No , as amended. The applicant Is requesting the following variance: I) To permit a southerly exterior side yard setback of 3. 5m, whereas Subsection ( d)( iii) of the Village of Belmont Zoning By-law No , as amended requires a minimum width of a side yard abutting a street to be 4. 5m. Craigholme Estates Limited has filed three minor variance applications (COA17/ 15, COA18/ 15, and COA19/ 15) requesting an exterior side yard setback of 3. 5m, for Lot 1, Lot 10 and Lot 20, draft plan of subdivision 34T The subject lands ( Lot 1) are zoned Single Residential Zone hr1-4) which requires a minimum exterior side yard setback of 4.5m. ADDITIONAL INFORMATION regarding this application Is available for Inspection dally, Monday to Friday, 8:30 a. m. to 4:30 p. m. at the Municipal Office. A copy of the decision of the Committee will be sent to the applicant and to each person who appeared in person or by counsel at the hearing and who filed with the Secretary -Treasurer a written request for Notice of Decision. DATED at the Municipality of Central Elgin this 8"' day of October, Dianne Wilson Secretary -Treasurer Central Elgin Committee of Adjustment Municipality of Central Elgin 450 Sunset Drive, 1 at Floor St. Thomas, Ontario N5R 5V1 Telephone: (519) ext. 286 Facsimile: ( 519) e- mail: dwilson@centralelgin. org 6:40 p.m. - COA 17-15, Lot 1, Snyders Ave Page 7 of 21

8 6:50 p.m. - COA Lot 10, Wintermute Court Page 8 of 21

9 2. Conforms to the Intent of the Zoning By-Law The subject lands are within the Single Residential R1" Zone (R1-4) of the Village of Belmont Zoning By-law No , as amended. Permitted uses of the R14 zone include one single detached dwelling per lot, uses, buildings and structures to the foregoing permitted use and home occupation. The proposed variance may be considered to be in conformity with the general intent of the Zoning By-Law. 3. Desirable for the Appropriate Development of the Land accessory The applicant is requesting a minor variance to permit a westerly exterior side yard setback of 3.5m, whereas the Single Residential Zone (hr1-4) requires a side yard abutting a street to be a minimum of 4.5m. Exterior side yard setback requirements are typically larger than interior side yard setback requirements, the increased separation distance helps to mitigate against impacts associated with noise, dust and lighting from the adjacent street. From the municipal perspective, the larger setback can also help in providing better site lines on corners for users of the adjacent streets, and the installation and maintenance of infrastructure within the road allowance, including the road surface itself, can be better accommodated without impacting upon the enjoyment of the use of the adjacent property. The proposed exterior setback of 3.5m provides adequate space to avoid con?ict with the ongoing use and maintenance of Snyders Avenue and its associated road allowance and should not have any signi?cant impacts to the use of the subject lands, surrounding neighbours or the function of the exterior side yard. The proposed variance may be considered desirable for the appropriate development of the subject lands. 4. Minor in Nature The assessment of whether a variance is or is not minor does not necessarily relate simply to the measured differences between what the Zoning By-Law permits and what the applicant is requesting. It has much to do with the potential impacts of the proposed development on the subject lands and neighbouring properties. The proposed exterior side yard setback of 3.5m provides adequate space to avoid con?ict with the ongoing use and maintenance of Snyders Avenue and its associated road allowance and should not have any signi?cant impacts to the use of the subject lands, surrounding neighbours or the function of the exterior side yard. The proposed variance may be considered minor in nature. 5. Comments The subject lands are currently vacant and are part (Lot 10) of a draft plan of subdivision 34T As a principle, new development on vacant lots should conform to the standards of the zoning by-law. The hardship in this case is not that a single detached dwelling cannot be built within the allowable buildable area, but rather that the proposed developers house designs willnot?t onto the lots given the existing setbacks. According to the applicant a 4.5m exterior side yard setback would unduly restrict the location and size of a potential dwelling on this corner lot. Respectfully submitted: Approved for submission: Steve Craig Sr. Planning Techni Donald N. Leitch CAO/Clerk Central Elgin Planning Offic 6:50 p.m. - COA Lot 10, Wintermute Court Report No.: CEP Page 9 of 21

10 The Corporation of the Municipality of Central Elgin NOTICE OF A PUBLIC HEARING FOR A MINOR VARIANCE Lot 10, Wintermute Court, former Village of Belmont Application No TAKE NOTICE that an application has been made by the owner, Cralgholme Estates Limited for a minor variance pursuant to Section 45 of the Planning Act, c. PA 3, R.S. O. 1990, as amended, on lands known municipally as Lot 10, Wintermute Court former Village of Belmont, Municipality of Central Elgin. The Committee of Adjustment of the Municipality of Central Elgin will hold a Public Hearing on Tuesday, October 20th, 2015 at 6: 50 p.m. In the Council Chambers of the County of Elgin Administration Building located at 450 Sunset Drive, St. Thomas, to consider this application. The subject lands are located within the Single Residential Zone ( hr1-4) of the Village of Belmont Zoning By-law No , as amended. The applicant, being the owner of the subject lands, has applied for a minor variance from the provisions of the Village of Belmont Zoning By-law No , as amended. The applicant Is requesting the following variance: 1) To permit a westerly exterior side yard setback of 3. 5m, whereas Subsection ( d)( iii) of the Village of Belmont Zoning By- law No , as amended requires a minimum width of a side yard abutting a street to be 4. 5m. Cralgholme Estates Limited has filed three minor variance applications (COA17/ 15, COA18/ 15, and COA19/ 15) requesting an exterior side yard setback of 3. 5m, for Lot 1, Lot 10 and Lot 20, draft plan of subdivision 34T The subject lands ( Lot 20) are zoned Single Residential Zone ( hr1-4) which requires a minimum exterior side yard setback of 4.5m. ADDITIONAL INFORMATION regarding this application is available for Inspection daily, Monday to Friday, 8:30 a. m. to 4:30 p. m. at the Municipal Office. A copy of the decision of the Committee will be sent to the applicant and to each person who appeared In person or by counsel at the hearing and who filed with the Secretary -Treasurer a written request for Notice of Decision. DATED at the Municipality of Central Elgin this 8' h day of October, Dianne Wilson Secretary -Treasurer Central Elgin Committee of Adjustment Municipality of Central Elgin 450 Sunset Drive, 1` t Floor St. Thomas, Ontario N5R 5V1 Telephone: (519) ext. 286 Facsimile: ( 519) dwilson@centralelgin. org 6:50 p.m. - COA Lot 10, Wintermute Court Page 10 of 21

11 7:00 p.m. - COA Lot 20, Wintermute Court Page 11 of 21

12 7:00 p.m. - COA Lot 20, Wintermute Court Page 12 of 21

13 The Corporation of the Municipality of Central Elgin v NOTICE OF A PUBLIC HEARING FOR A MINOR VARIANCE Lot 20, Wintermute Court, former Village of Belmont Application No TAKE NOTICE that an application has been made by the owner, Crelgholme Estates Limited for a minor variance pursuant to Section 45 of the Planning Act, c. PA 3, R.S. O. 1990, as amended, on lands known municipally as Lot 20, Wintermute Court former Village of Belmont, Municipality of Central Elgin. The Committee of Adjustment of the Municipality of Central Elgin will hold a Public Hearing on Tuesday, October 20th, 2015 at 7: 00 p.m., in the Council Chambers of the County of Elgin Administration Building located at 450 Sunset Drive, St. Thomas, to consider this application. The subject lands are located within the Single Residential Zone ( hr1-4) of the Village of Belmont Zoning By-law No , as amended. The applicant, being the owner of the subject lands, has applied for a minor variance from the provisions of the Village of Belmont Zoning By- law No , as amended. The applicant is requesting the following variance: i) To permit a westerly exterior side yard setback of 3. 5m, whereas Subsection ( d)( III) of the Village of Belmont Zoning By-law No , as amended requires a minimum width of a side yard abutting a street to be 4.5m. Craigholme Estates Limited has filed three minor variance applications ( COA17/15, COA18/ 15, and COA19/ 15) requesting an exterior side yard setback of 3.5m, for Lot 1, Lot 10 and Lot 20, draft plan of subdivision 34T The subject lands ( Lot 20) are zoned Single Residential Zone ( hr14) which requires a minimum exterior side yard setback of 4.5m. ADDITIONAL INFORMATION regarding this application is available for Inspection dally, Monday to Friday, 8: 30 a. m. to 4: 30 p. m. at the Municipal Office. A copy of the decision of the Committee will be sent to the applicant and to each person who appeared in person or by counsel at the hearing and who filed with the Secretary -Treasurer a written request for Notice of Decision. DATED at the Municipality of Central Elgin this 8v' day of October, Dianne Wilson Secretary -Treasurer Central Elgin Committee of Adjustment Municipality of Central Elgin 450 Sunset Drive, 1" Floor St. Thomas, Ontario N5R 5V1 Telephone: ( 519) ext. 286 Facsimile: ( 519) dwilson@centralelgin. org 7:00 p.m. - COA Lot 20, Wintermute Court Page 13 of 21

14 7:10 p.m. - COA Brayside Street Page 14 of 21

15 7:10 p.m. - COA Brayside Street Page 15 of 21

16 7:10 p.m. - COA Brayside Street Page 16 of 21

17 7:10 p.m. - COA Brayside Street Page 17 of 21

18 NOTICE OF A PUBLIC HEARING FOR A MINOR VARIANCE 170 Brayside Street, former Village of Port Stanley Application No TAKE NOTICE that an application has been made by the owner Paul and Sandy Druet, for a minor variance pursuant to Section 45 of the Planning Act, c. P. 13, R. S. O. 1990, as amended, on lands known municipally as 170 Brayside Street, former Village of Port Stanley, Municipality of Central Elgin. The Committee of Adjustment of the Municipality of Central Elgin will hold a Public Hearing on Tuesday, October 20th, 2015 at 7: 10 p. m. in the Council Chambers of the County of Elgin Administration Building located at 450 Sunset Drive, St. Thomas, to consider this application. The subject lands are located within the Residential Zone 1 ( Zoning By -Law No. 1507, as amended. R1) of the Village of Port Stanley The owners of the subject lands have applied for a minor variance from the provisions of the Village of Port Stanley Zoning By-law No The owners are requesting the following minor variances: i) To permit a front yard depth of 4ft, whereas Subsection ( b) of the Village of Port Stanley Zoning By-law No requires a front yard depth of 25ft. il) To permit a lot coverage of 28%, whereas Subsection ( a) of the Village of Port Stanley Zoning By-law No permits a maximum lot coverage of 25% for the dwelling. III) To permit a lot depth of 60ft, whereas Subsection of the Village of Port Stanley Zoning By- law No requires a lot depth of 100ft. Iv) To permit an interior side yard depth of 5. 7ft, whereas Subsection ( a) of the Village of Port Stanley Zoning By-law No requires a side yard depth of Eft. v) To permit a floor area ratio of 0. 50, whereas Subsection of the Village of Port Stanley Zoning By-law No permits a maximum floor area ratio of The applicants are proposing to construct a Oft x ft attached garage on the front of the residential dwelling, as shown on the plan of survey prepared by Brian Vaughan Surveying Limited, September 23, The first and second minor variance are being requested to facilitate the construction of the proposed garage, and the third, fourth and fifth minor variance are being requested to obtain confirmation from the Committee of Adjustment that the existing dwelling on the subject lands and lot are legal non -conforming. ADDITIONAL INFORMATION regarding this application is available for inspection daily, Monday to Friday, 8: 30 a. m. to 4:30 p.m. at the Municipal Office. A copy of the decision of the Committee will be sent to the applicant and to each person who appeared In person or by counsel at the hearing and who filed with the Secretary -Treasurer a written request for Notice of Decision. DATED at the Municipality of Central Elgin this 9th day of October Dianne Wilson Secretary -Treasurer Central Elgin Committee of Adjustment Municipality of Central Elgin 450 Sunset Drive, 1" Floor St. Thomas, Ontario N5R 5V1 Telephone: (519) Facsimile: ( 519) dwison@centralelgin. org 7:10 p.m. - COA Brayside Street Page 18 of 21

19 7:20 p.m. - COA Main Street Page 19 of 21

20 Community Staff Report 1. Conforms to the intent of the Of?cial Plan The subject lands are located within the Commercial designation in accordance with Schedule G" Stanley Land Use Plan, to the Municipalityof Central Elgin Of?cial Plan. of Port The policies of the Of?cial Plan that apply to Port Stanley commercial uses recognize mixed use commercial/residential use. Adequate off-street parking and loading facilities shall be provided and no open storage shall be permitted. The provision and use of shared, centrally located off-street parking facilities to comply with parking requirements set out i n the implementing Zoning By-law shall be permitted where cash-in-lieu of on-site parking has been provided i n accordance with requirements of Council. The proposed variances may be considered to be in conformity with the general intent of the Of?cial Plan. 2. Conforms to the Intent of the Zoning By-Law The subject lands are located within the Business Zone 1 (B1-21) of the Village of Port Stanley Zoning By-law No. 1507, as amended. The B1-21 zone permits a retail store, restaurant, main or?rst storey, and accessory uses. business office, personal service shop, residential use above the The proposed variances may be considered to be in conformity with the general intent of the Zoning By-Law. 3. Desirable for the Appropriate Development of the Land The?rst variance is being requested to permit a maximum building height of 51ft, whereas the zoning by-law permits a maximum building height of 43ft. No changes to the height of the building are being proposed from what Council originally approved. The variance to adjust the height is technical in nature, and is required to correct an error that was inadvertently made when the applicant's agent was calculating the height of the building. The second variance is requested to permit 14 off-street parking spaces, whereas the zoning by awrequires 19 offstreet parking spaces. The Of?cial Plan permits the provision and use of shared, centrally located off-street parking facilities to comply with parking requirements set out in the implementing zoning by-law, where cash-in-lieu of on-site parking has been provided in accordance with requirements of Council. The third variance is requested to permit 184.6m2of?oor area accessory to a dwelling unit on the main or?rst storey, whereas the zoning by-law only permits dwelling units above the main or?rst storey. The?oor area is accessory to the residential dwelling units, and includes, area for storage, garbage, and mechanical equipment. The proposed variances may be considered desirable for the appropriate development of the subject lands. 4. Minor in Nature The assessment of whether a variance is or is not minor does not necessarily relate simply to the measured differences between what the Zoning By-Law permits and what the applicant is requesting. It has much to do with the potential impacts of the proposed development on the subject lands and neighbouring properties. No adverse impacts to the subject lands or neighbouring properties are anticipated as a result of the approval of the subject application. The proposed variances may be considered minor in nature. Respectfully submitted: Approved for submission: 2 Steve Craig Sr. Planning Techni Donald N. Leitch CAO/Clerk Central Elgin Planning Of?ce 7:20 p.m. - COA Main Street Report No.: CEP Page 20 of 21

21 NOTICE OF A PUBLIC HEARING FOR A MINOR VARIANCE 204 Main Street, former Village of Port Stanley Application No TAKE NOTICE that an application has been made by the owner Dan Salhani, for a minor variance pursuant to Section 45 of the Planning Act, c. P. 13, R. S. O. 1990, as amended, on lands known municipally as 204 Main Street, former Village of Port Stanley, Municipality of Central Elgin. The Committee of Adjustment of the Municipality of Central Elgin will hold a Public Hearing on Tuesday, October 20th, 2015 at 7: 20 p.m. in the Council Chambers of the County of Elgin Administration Building located at 450 Sunset Drive, St. Thomas, to consider this application. The subject lands are located within the Business Zone 1 ( Zoning By -Law No. 1507, as amended ) of the Village of Port Stanley The owner of the subject lands has applied for a minor variance from the provisions of the Village of Port Stanley Zoning By-law No The owner is requesting the following minor variances: i) To permit a height of 51ft, whereas Subsection of the Village of Port Stanley Zoning By-law No permits a maximum height of 43. II) To permit 14 off-street parking spaces, whereas of the Village of Port Stanley Zoning By-law No requires a minimum of 19 off-street parking spaces, based on the commercial floor area and the number of dwelling units. iii) To permit 184.6m2 of floor area accessory to a dwelling unit on the main or first storey, whereas ( e) of the Village of Port Stanley Zoning By-law No only permits dwelling units above the main or first storey. The applicant has filed the subject minor variance application in order to facilitate the construction of a mixed use development, consisting of commercial space on the first storey and nine residential condominium units on the second and third storey. ADDITIONAL INFORMATION regarding this application is available for inspection daily, Monday to Friday, 8:30 a. m. to 4:30 p. m. at the Municipal Office. A copy of the decision of the Committee will be sent to the applicant and to each person who appeared In person or by counsel at the hearing and who filed with the Secretary -Treasurer a written request for Notice of Decision. DATED at the Municipality of Central Elgin this 9' h day of October Dianne Wilson Secretary -Treasurer Central Elgin Committee of Adjustment Municipality of Central Elgin 450 Sunset Drive, 16' Floor St. Thomas, Ontario N5R 5V1 Telephone: ( 519) Facsimile: (519) e- mail: dwilson@centralelgin. org 7:20 p.m. - COA Main Street Page 21 of 21