Municipality of Brockton Planning Report. Application: Minor Variance Application. Members of the Committee of Adjustment, Municipality of Brockton

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1 Municipality of Brockton Planning Report Application: Minor Variance Application File No: A Date: May 14, 2018 To: From: Subject: Members of the Committee of Adjustment, Municipality of Brockton John Ghent, Planner for the Municipality of Brockton Minor Variance to the LR Inland Lake Residential zone of the Municipality of Brockton Comprehensive Zoning By-law by. Reasons for and Nature of the Application: The Municipality of Brockton has received an application from for a variance to the Municipality of Brockton Zoning By-law to build a new garage attached to the existing dwelling: with a south side yard of 1.4 m whereas the zoning regulations require a side yard of 1.5 m, and to permit the existing front yard setback of the existing dwelling of 4.9 m whereas the zoning regulation requires a front yard setback of 6.0 m Summary: Location: The lands are located on Dankert Lake, the east side on the lake at municipal address 62 Dankert Lake Road. There are a number of cottages established along the lake. Proposal: The proposed development is to construct a garage which would be attached to the south side of the existing dwelling with a south side yard of 1.4 m and to recognize the existing front yard setback of the dwelling of 4.9 m. Official Plan: The lands are designated LR - Inland Lake Development ; Haz Hazard Land ; and Special Policy Area D under the Bruce County Official Plan. Generally the propsed development would be permitted under the Inland Lake development OP policies but would not be permitted under the Hazard Land policies Zoning: The lands are zoned Inland Lake Residential and EP Environmental Protection under the Brockton Zoning By-law Inland Lake Residential zone - The propsed use is permitted, however, an adjustment to the side lot regulations would be required and the applicant is also requesting that the existing frontyard variance also be recognized in this application. Environmental Protection zone - The proposed use would not usually be permitted. However, comments from the Conservation Authority and the provisions of Zoning By-law under Section Boundaries of Zones relating to adjustments that can be made to the environmental Page 1 of 16

2 protection zone boundaries when the zone boundaries do not coincide with the SVCA s hazard land mapping allow for this proposed development to be considered as conforming to the Zoning By-law. For this intrepretation to come into effect, approval in writing from both the SVCA and the Brockton Chief Building Official is required. SVCA: Comments received from the Saugeen Valley Conservation Authority advise that the the hazard land mapping does not accrately reflect the Hazardous Lands mapping as originally plotted by SVCA staff.and do not refect existing site conditions. The SVCA staff suggest that the zone mapping be revised as part of the next update to the comprehensive zoning by-law.and conclude that the proposed minor variance is acceptable. Conclusion: Section 45(1) of the Planning Act gives the authority of granting minor relief from the provisions of the Zoning By-law to the Committee of Adjustment. Such relief can only be granted if the Minor Variance passes four tests. If the Committee is not satisfied on all four tests, then the Minor Variance cannot be approved. Staff are satisfied that the proposed development meets the four tests set out in the Planning Act. The proposed development: maintains the general intent and purpose of the Bruce County Official Plan; maintains the general intent and purpose of the Brockton Zoning By-law; is minor in that there would be no significant adverse impact resulting this proposed development; and is desirable for the appropriate use of land. And that therefore the application should be approved. Preliminary Recommendation: Subject to review of objections and submissions arising from the Public Hearing, the Planning Department recommends that the Committee of Adjustment consider Approval of Minor Variance Application A for the following reasons: 1. The application maintains the general intent and purpose of the Bruce County Official Plan; 2. The application maintains the intent of the zoning by-law; 3. The requested variance represents appropriate development of the land; 4. The requested variance is minor. I. Context: Development Proposal Related File(s) Owner The application requests a Minor Variance to permit a reduction in the Minimum Side Yard from 1.5 m (5 ft.) to 1.4 m (4.6 ft.) to facilitate the construction of an addition (garage) to the existing dwelling. The Minor Variance will also recognize the existing deficient front yard setback of 4.9 m (16.1 ft) and 5.1 m (16.7 ft); the required front yard setback is 6.0 m (20 ft). N/A William R. A. Sword and Katharine J Erwin-Sword Page 2 of 16

3 Legal Description Municipal Address Lot Dimensions Lot Frontage Lot Depth Lot Area Uses Existing Uses Proposed Structures Existing Structures Proposed Servicing Existing Servicing Proposed Access County Official Plan Zoning By-law Proposed Zoning By-law Surrounding Land Uses Part of Lot 34, Concession 6, geographic Township of Brant 62 Dankert Lake Road Entire Parcel +/ m. (99.43 ft) +/ m (95.21 ft) +/ sq. m.(10,437 sq. ft) Residential No change Residence and storage shed Garage addition proposed to existing residence. No changes to storage shed Private water and private septic No change Dankert Lake Road Inland Lake Development Area; Hazard Land Area; and Special Policy Area D Inland Lake Residential (LR) and Environmental Protection (EP) Municipality of Brockton Zoning By-Law Number No change Residential uses (seasonal and permanent) to the North and South; Swampy area to the East and Danker Lake to the West. Page 3 of 16

4 Subject Lands II. Matters Arising from Agency Circulation Brockton Staff CBO: I will accept SVCA Hazardous Lands mapping shown on the Nov. 06/17 photo of Mr. Swords property. CAO/ Clerk: no comments. Fire Chief: no comments. Roads Superintendent: no comments. Historic Saugeen Metis no objection or opposition Saugeen Valley Conservation Authority Saugeen Valley Conservation Authority (SVCA) staff has reviewed the proposed minor variance in accordance with the SVCA s mandate, the Saugeen Valley Conservation Authority Environmental Planning and Regulations Policies Manual, Approved May 16, 2017, and the Memorandum of Agreement between the Authority and the County of Bruce relating to Plan Review. The application requests a minor variance to permit a reduction in the minimum side yard to facilitate the construction of an addition (garage) to the existing dwelling. The minor variance will also recognize the existing deficient front yard setback. As part of the pre-submission consultation process for the proposed development of the property, SVCA staff conducted a site inspection of the property on August 1, 2017 and provided comments to the landowner dated November 6, The proposed minor variance is acceptable to SVCA staff, and the following comments are offered. Natural Hazard Page 4 of 16

5 In the opinion of SVCA staff, a large portion of the property is designated as Hazard Land Area in the County of Bruce Official Plan (OP), and is zoned Environmental Protection (EP- 10) in the Municipality of Brockton Zoning By-law No In the opinion of SVCA staff, the Hazard Land Area designation and the EP zone does not fully reflect the Hazardous Lands mapping as originally plotted by SVCA staff, or existing site conditions, and could be revised as part of the next update to the comprehensive zoning by-law. Therefore, please find enclosed an SVCA map dated November 6, 2017 with SVCA staff s recommended changes to the Hazard Land Area designation and the EP zone, shown on the map as SVCA Hazardous Lands. In general, no new buildings or structures are permitted in the Hazard Land Area designation or in the EP zone. In the opinion of SVCA staff the existing dwelling, as well the location for the proposed garage addition, are not within the Hazardous Lands as plotted by SVCA staff. Natural Heritage SVCA staff is of the opinion that the natural heritage features and areas affecting the property include fish habitat, and potentially the significant habitat of endangered species or threatened species. Fish Habitat Dankert Lake, which abuts the western property boundary, is considered fish habitat by SVCA staff. Section of the Provincial Policy Statement (PPS 2014) indicates that, among other things, development and site alteration shall not be permitted on the adjacent lands of fish habitat unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on fish habitat or on their ecological function. In the opinion of SVCA staff, the property is within the adjacent lands to fish habitat. However, in the opinion of SVCA staff, impacts to fish habitat would be negligible based on our understanding of the proposal. Therefore, in the opinion of SVCA staff, the preparation of an Environmental Impact Study (EIS) to address fish habitat concerns is not warranted for this proposal at this time. Significant Habitat of Endangered Species or Threatened Species It has come to the attention of SVCA staff that habitat of endangered species or threatened species may be located on, or within lands adjacent to the property. Section of the Provincial Policy Statement (PPS 2014) indicates that development and site alteration shall not be permitted in habitat of endangered species or threatened species, except in accordance with provincial and federal requirements. It is the responsibility of the owner to ensure that endangered species or threatened species policy referred to in the PPS is appropriately addressed. Please contact the Ministry of Natural Resources and Forestry (MNRF) for information on how to address this policy. SVCA Regulation The entirety of the property is subject to the SVCA s Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation (Ontario Regulation 169/06, as amended). This Regulation is in accordance with Section 28 of the Conservation Authorities Act, R.S.O, Chap. C. 27, and requires that a person obtain the written permission of the SVCA prior to any development in a Regulated Area or alteration to a wetland or watercourse. Page 5 of 16

6 Development and Alteration Subsection 28(25) of the Conservation Authorities Act defines development as: a) the construction, reconstruction, erection or placing of a building or structure of any kind, b) any change to a building or structure that would have the effect of altering the use or potential use of the building or structure, increasing the size of the building or structure increasing the number of dwelling units in the building or structure, c) site grading, or d) the temporary or permanent placing, dumping or removal of any material, originating on the site or elsewhere. According to Section 5 of Ontario Regulation 169/06, as amended, alteration generally includes the straightening, diverting or interfering in any way the existing channel of a river, creek, stream or watercourse, or the changing or interfering in any way with a wetland. For this particular property the Regulated Area includes Dankert Lake, the wetland to the east of the property, the floodplain of Dankert Lake and of the wetland, as well as an offset distance from these features. To determine where the SVCA s Approximate Screening Area is located on the property, associated with our Regulation, please refer to the SVCA s online mapping program, available via the SVCA s website at Should you require assistance, please contact our office directly. Permission for Development or Alteration Construction of an attached garage as shown on Schedule A to the application will require permission from the SVCA as the existing dwelling and proposed garage addition are located in the SVCA Regulated Area. Permission from the SVCA can be granted for the proposed garage addition, subject to conditions. Conditions of an SVCA permit will include, but may not be limited to, lowest exterior opening requirements, and grading limitations. Finally, any work to the existing drainage feature along the southern property boundary will also require SVCA permission. Conclusion All of the plan review functions listed in the Agreement have been assessed with respect to the application. The proposed minor variance is acceptable to SVCA staff. Page 6 of 16

7 III. Matters Arising from Public Circulation No comments were received at the time of writing this report. IV. Matters Arising from Provincial Interests, Policy Statements or Plans Under Section 3(5) of the Planning Act, the Municipality shall be consistent with matters of provincial interest as set out in the Provincial Policy Statements (PPS). The relevant PPS policies as identified in Appendix A to this report have been reviewed and staff are satisfied that the application is consistent with the PPS. This position is taken in light of the SVCA indicating that the Hazard land mapping in the Official Plan and Zoning By-law does not accurately reflect their mapping nor does it reflect the existing site conditions. V. Matters Arising from Planning Documents Zoning: The lands are zoned Inland Lake Residential and EP Environmental Protection under the Brockton Zonong By-law The Inland Lake zone permits detached dwellings. The minimum front yard is 6 m and the minimum side yard is 1.5 m; The Environmental Protection zone does not permit residential uses. Page 7 of 16

8 With respect to interpreting the boundaries of the EP zone, Section states the following:.9 Notwithstanding the provisions of Section and Section , in locations where the Environmental Protection (EP) Zone boundary does not coincide with Saugeen Valley Conservation Authority (SVCA) s hazard land mapping, minor adjustments may be permitted to the EP Zone boundary without an amendment to this By-law when approved in writing by the SVCA and the Chief Building Official. In a re-interpretation of the limits of the EP Zone boundary, all requirements of the By-law shall be applied relative to the revised boundary including any applicable setbacks. Both the SVCA and the Brockton Chief Building Official have indicated that the EP zone limits should be re-interpreted. Therefore, staff are satisfied that the proposed use conforms to the zoning for the lands and that the only compliance matter requiring adjustment relates to the side yard (for the proposed new garage) and front yard (for the existing dwelling). Official Plan: The lands are designated LR - Inland Lake Development ; Haz Hazard Land ; and Special Policy Area D under the Bruce County Official Plan. The Inland Lake Development policies recognize existing development and new development takes the form of residential infilling in areas already substantially developed. Significant expansion of the buit-up area is not anticipated in the Plan. The Hazard Land policies permit existing uses that may be recognized in the Zoning By-law as legally conforming. The expansion or enlargement of non-conforming uses is discourged. In this respect, the proposed use is a legal conforming use. Given that the proposed use will not impair ecological processes and the environmental features; that it is a legal conforming use and that the mapping does not reflect a hazardous condition, staff are satisifed that intent of the OP is maintained. Special Policy Area D provides more detailed mapping but no additional policies apply to the Dankert Lake area. Conclusion: The application satisfies the provisions of the relevant planning document and in the opinion of staff, the variance should be approved Financial/Staffing/Legal/IT Considerations None Respectfully submitted, John Ghent, RPP Planner, County of Bruce Planning and Development Department Page 8 of 16

9 Appendix A Provincial Policy Statement (PPS) Does it Apply? Policy Area 1.0 Building Strong Communities 1.1 Managing and Directing Land Use Settlement Areas Rural Areas in Municipalities Rural Lands in Municipalities 1.16 Territory Without Municipal Organization 1.2 Coordination Land Use Compatibility 1.3 Employment Employment Areas 1.4 Housing 1.5 Public Spaces, Recreation, Parks, Trails and Open Space 1.6 Infrastructure and Public Service Facilities Sewage, Water and Stormwater Transportation Systems Transportation and Infrastructure Corridors Airports, Rail and Marine Facilities Waste Management Energy Supply 1.7 Long-Term Economic Prosperity 1.8 Energy Conservation, Air Quality and Climate Change 2.0 Wise Use and Management of Resources 2.1 Natural Heritage 2.2 Water 2.3 Agriculture Permitted Uses Lot Creation and Lot Adjustments Removal of Land from Prime Agricultural Areas Non-Agricultural Uses in Prime Agricultural Areas 2.4 Minerals and Petroleum Protection of Long-Term Resource Supply Rehabilitation Extraction in Prime Agricultural Areas 2.5 Mineral Aggregate Resources Protection of Long-Term Resource Supply Rehabilitation Extraction in Prime Agricultural Areas Wayside Pits & Quarries, Portable Asphalt Plants & Portable Concrete Plants 2.6 Cultural Heritage and Archaeology 3.0 Protecting Public Health and Safety 3.1 Natural Hazards 3.2 Human-made Hazards Page 9 of 16

10 Other Provincial Interests Ministry MMAH MCul MOE MTO MNR OMAFRA Policy Minimum Distance Separation (MDS) Document Formulae and Guidelines for Livestock Facility and Anaerobic Digester Odour Setbacks (Publication 853, 2014) Proposal al Page 10 of 16

11 Location Aerial Page 11 of 16

12 Locational Context Page 12 of 16

13 Proposal Current Official Plan Page 13 of 16

14 Current Zoning By-law Page 14 of 16

15 COMMITTEE OF ADJUSTMENT FOR THE CORPORATION OF THE MUNICIPALITY OF BROCKTON DECISION SHEET *************************************************************************** Application No. A Date of Hearing: May 14, 2018 Owner: R Sword Legal Description: Part of Lot 34, Concession 6, geographic Township of Brant Municipal Address: 62 Dankert Rd Lot Dimensions: Frontage +/ m Depth +/ m Area +/ sq m In the matter of Section 45(1) of The Planning Act R.S.O 1990, the Municipality of Brockton Comprehensive Zoning By-law , and an application for minor variance. The application requests the following variances: a south side yard of 1.4 m whereas the zoning regulations require a side yard of 1.5 m, and to permit the existing front yard setback of the existing dwelling of 4.9 m whereas the zoning regulation requires a front yard setback of 6.0 m The application is hereby ( ) refused or (x) granted. Reasons: 1. The variance maintains the intent and purpose of the Official Plan. 2. The variance maintains the intent and purpose of the Zoning By-law. 3. The variance requested is desirable for the appropriate and orderly development and use of the lands and buildings. 4. The variance is minor in nature. WE, the undersigned, concur in the decision and reasons given for the decision of the Committee of Adjustment for The Corporation of The Municipality of Brockton made on the 14 th day of May, Present Absent Chair & Committee Member ( ) ( ) (David Inglis) Committee Member ( ) ( ) (Dan Gieruszak) Committee Member ( ) ( ) (Chris Peabody) Committee Member ( ) ( ) (Steve Adams) Page 15 of 16

16 Committee Member ( ) ( ) (Bill Bell) Committee Member ( ) ( ) (Dean Leifso) Committee Member ( ) ( ) (Chris Oberle) ****************** CERTIFICATION OF COMMITTEE S DECISION ********************* I, being the Secretary-Treasurer of the Committee of Adjustment for the Corporation of the Municipality of Brockton, certify that this is a true copy of the Committee's Decision dated 14 th Day of May, Secretary-Treasurer Date **************************** NOTICE OF LAST DATE OF APPEAL ******************************** NOTICE IS HEREBY GIVEN THAT THE LAST DATE FOR APPEALING THIS DECISION TO THE LOCAL PLANNING APPEAL TRIBUNAL (LPAT) IS THE 3 RD DAY OF JUNE, 2018 (SEE INFORMATION ON REVERSE OF THIS FORM) ************************* NOTICE THAT NO APPEALS HAVE BEEN RECEIVED ********************** This is to certify that no appeals have been received. Secretary-Treasurer Date Page 16 of 16