Committee of Adjustment

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1 Minutes Committee of Adjustment Meeting Date: August 15, 2018 Meeting Time: 4:00 pm Location: Town Hall Council Chambers 32 Mill Street, Thornbury ON Prepared by Lori Carscadden Committee of Adjustment Secretary/Treasurer A. Call to Order Chairman Robert B. Waind called the meeting to Order with the following members in attendance, being David Morgan and Bill Remus. Also attending were Town Planner Travis Sandberg as well as Secretary/Treasurer Lori Carscadden who read aloud the Fire Evacuation Notice. A.1 - Approval of Agenda: Moved by: David Morgan Seconded by: Bill Remus THAT the Agenda of August 15, 2018 be approved. Carried A.2 Declaration of Pecuniary Interest: none Chairman Waind read aloud the authority given under the Municipal Act, 2001 and in accordance with Ontario s Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). A.3 - Adoption of Previous Minutes Moved by: Bill Remus Seconded by: David Morgan THAT the Minutes of July 18, 2018 be adopted. Carried A.4 Business Arising from Previous Minutes none B. Deputations/Presentations none C. Public Meeting 4:00 p.m. C.1 Application No: A Owners: Daniel and Catherine Genge Legal Description: Lot 43, Plan 410 Civic Address: 141 Bay Street E. Chairman Waind read aloud the Public Meeting Notice, including the purpose and effect of the application, wherein the proposed variance seeks relief from the setback provisions of the Town of Thornbury Zoning By-law

2 The purpose and effect of the proposed variance is to permit the construction of a 45 sq.m. addition to an existing single detached dwelling. The application requests a 0.6m interior side yard setback to the main dwelling, whereas a minimum of 5.4m is required for an interior lot where no attached or built-in garage is provided. The legal description of the subject lands is Lot 43, Plan 410, being 141 Bay Street E. The Secretary/Treasurer stated that the Public Hearing Notice was circulated in accordance with the Planning Act by pre-paid first class mail. The Notice Placard was provided to the Owners to be posted on the subject lands. Comments were received from the following: Grey County Planning Department prior to any construction it shall be assured that full municipal services can be provided; Historic Saugeen Metis no objection; Jane Knight 138 Bay Street East no concerns; Janna Lahtinen 141 Bay Street East no concerns; Town of The Blue Mountains Infrastructure & Public Works no comments; Town of The Blue Mountains Planning Department the application meets the four tests as laid out in the Planning Act and would support the granting of the minor variance subject to any conditions stated in Planning Staff Report #PDS Mr. Morgan stated that the site plan indicates a small area wherein the drawings would appear that the proposal is for a new building. Travis Sandberg, Town Planner, replied that the proposed building will be for general renovations wherein the minor variance is more specific to the back corner. Owners George and Catherine Genge were in attendance. Travis Sandberg provided a brief overview of the Planning Staff Report #PDS As there were no other persons in attendance to speak in favour of or in opposition to the variance, Chairman Waind closed the public meeting. Motion to adopt the Planning Staff Report #PDS Moved by: Bill Remus Seconded by: David Morgan Carried. Motion: Moved by: David Morgan Seconded by: Bill Remus THAT the Committee of Adjustment GRANT Minor Variance Application No. A to permit the development of the lands in accordance with the submitted site sketch. CONDITIONS: 1. That the development be constructed in a manner substantially in accordance with the site sketch attached as Attachment #1; and 2

3 2. That this variance to the zoning by-law is for the purpose of obtaining a building permit and is only valid for a period of two years from the date of decision. If a building permit has not been issued by the Town within two years, the variance shall expire on August 15, REASON FOR DECISION: The Committee is satisfied that the application meets the four tests of a minor variance of Section 45(1) of the Planning Act, as noted in the Planning and Development Services Staff Report PDS The Committee received written and/or oral submissions before and/or during the hearing and have taken these submissions into consideration when making the decision. Carried. C.2 Application No: A Owner: Kim Harris Applicant: Cheryl Atkinson Agent: Guy Harris Legal Description: Part Lot A, Plan 109, Part 2, Plan 16R-1546 Civic Address: 148 Matilda Street Chairman Waind read aloud the Public Meeting Notice, including the purpose and effect of the application, wherein the proposed variance seeks relief from the detached accessory structure provisions of the former Township of Collingwood Zoning By-law The purpose and effect of the proposed variance is to permit the construction of a 53.4 sq.m. detached accessory structure on the subject lands. The application requests relief from Section 5.2(iv)(c) of the By-law in order to permit the structure to be located wholly within the side yard, whereas the By-law requires detached structures to be in the rear yard. The application also requests a 1.0m side yard setback, whereas a minimum of 2.0m is required for detached accessory structures in the Village Residential (VR) zone. The legal description of the subject lands is Part Lot A, Plan 109, Part 2, Plan 16R-1546, being 148 Matilda Street. The Secretary/Treasurer stated that the Public Hearing Notice was circulated in accordance with the Planning Act by pre-paid first class mail. The Notice Placard was provided to the Owners Agent to be posted on the subject lands. Comments were received from the following: Grey County Planning Department although the proposed garage is not perceived to require servicing, should it become occupied the applicant must ensure that proper building code and services standards are met; Grey County Transportation Services no objection but noted that the County s setback policy is 75 feet or metres from the existing centerline of the road; Grey Sauble Conservation Authority no natural hazards were identified; no significant natural heritage features were noted; no objection; Historic Saugeen Metis no objection; 3

4 Town of The Blue Mountains Infrastructure & Public Works no comments; Town of The Blue Mountains Planning Department the Planning opinion is that the variance did not meet the four tests of the Planning Act and therefore recommended refusal of the application. Travis Sandberg, Town Planner, elaborated on the Planning Staff s recommended refusal. He stated that when the proposal was first discussed the location of the proposed garage would have been within the provisions of the zoning by-law. Mr. Sandberg had several conversations with the applicant during the applications process however no justification as to why the structure could not comply with the zoning by-law were provided and the applicant proceeded with moving the garage forward to be more in line with the front of the existing residence. He further noted that the reasons given by the applicant were to protect the use of the existing orchard as well as the surrounding view. Mr. Sandberg stated that the site plan does not do justice to the massiveness of the proposal, being 70 sq.m. with a height of 4.3 metres. The existing residences current height is 6.4 metres. Also, the prominence of the proposed garage driving south through Clarksburg will be significant, especially with no buffering or screening to blend the massiveness away from the public eye. The proposal would be out of character with the surrounding residences, as most residences appear to have their accessory buildings in the rear yard leaving the main structure as the main focal point on the street. Mr. Harris, Agent for the Owner was in attendance. He stated that he was acting on behalf of his daughter, Kim Harris. He asked if the provisions in the new comprehensive zoning by-law would allow for this type of variance, with the Town Planner replying that under the draft provisions of the new draft by-law this type of variance would be permitted as of right and that it was suggested to the applicant that they delay their application until such time. Mr. Sandberg noted that a Zoning By-law Update Report is expected to go to Council at the September 10 th, 2018 meeting. Chairman Waind commented that he did not think that the location of the proposed garage would have any significant impact in the already built-up area. Mr. Sandberg replied that the application had to be reviewed under the provisions of the current existing zoning by-law, being By-law No Mr. Morgan stated that he understood the recommendations of Town staff and that the proposal had to be reviewed under the provisions of the current zoning by-law. However, if this proposal is one that would be allowed for under the new draft zoning by-law, which is supposedly close to becoming approved, then he saw no reason to delay the proposal at this time. Also, the fact that no neighbours have indicated any comments or concerns then it is assumed they have no objections. As there were no other persons in attendance to speak in favour of or in opposition to the variance, Chairman Waind closed the public meeting. 4

5 Motion: Moved by: Bill Remus Seconded by: David Morgan That the Committee of Adjustment NOT support Planning Staff Report #PDS As the new comprehensive zoning by-law is currently in draft form and would allow for same, as of right, and that it is a matter that has been recommended to the Committee in the past to allow for and continues to recommend to Council to be changed under the new by-law review. The Committee believes the proposal would have very little adverse impact on the surrounding area and no comments or concerns were received from any of the neighbours. Carried. Moved by: David Morgan Seconded by: Bill Remus THAT the Committee GRANT Minor Variance #A Carried. C.3 Application No: A Owner: Terra Brook Homes Inc. Applicant: Corey DiCarlo Terra Brook Homes Inc. Legal Description: Lot 25 (Block 22), Plan 16M-59 Civic Address: 125 Creekwood Court Chairman Waind read aloud the Public Meeting Notice, including the purpose and effect of the application, wherein the proposed variance seeks relief from the maximum lot coverage provision of the R3-126 zone of the former Township of Collingwood Zoning By-law The purpose and effect of the proposed variance is to permit the construction of a single detached dwelling at a maximum lot coverage of 33.3%, whereas Zoning By-law permits a maximum of 30% in the R3-126 zone. The legal description of the subject lands is Lot 25, Plan 16M-59. The Secretary/Treasurer stated that the Public Hearing Notice was circulated in accordance with the Planning Act by pre-paid first class mail. The Notice Placard was provided to the Owners Agent to be posted on the subject lands. Comments were received from the following: Grey County Planning Department provided all environmental concerns are flagged through the subdivision process, being 42T Second Nature Phase 2, they would have no concerns; County Transportation Services no objections; Grey Sauble Conservation Authority no natural hazards or significant natural heritage features were identified and would have no objection; Historic Saugeen Metis no objection; Town of The Blue Mountains Infrastructure & Public Works no comments; Town of The Blue Mountains Planning Department - the application meets the four tests as laid out in the Planning Act and would support the granting of the minor variance subject to any conditions stated in Planning Staff Report #PDS

6 Mr. Remus questioned if there would be further minor variance applications to be expected from this new subdivision, as there are two before them at this meeting for the same type of variance. Chairman Waind stated that further minor variances is not a planning issue but rather an issue that we must make Council understand, in that lots of subdivision need to be made a little larger so that buildings will fit. He noted that these types of variances are never ending and the developer is trying to get too much out of a plan of subdivision. To them, the developer, a minor variance is an easy process to get what they want. Town Planner Travis Sandberg stated that at the time of the design of the structure there was an error in the interpretation of the by-law in that a covered porch was not considered as part of the lot coverage. Further, we recognize this application as well as the next, being A , did get caught up in this error but the remaining lots in the purchase and sale should now be identified and corrected before any sale is completed. Chairman Waind reiterated that it is incumbent upon the developer and the Planning staff to make the lots a little larger to avoid having to come before the Committee of Adjustment for these types of variances. Discussion was had on the provision of legislature that is putting a hold on any rezoning for a period of two years without Council s consent. Mr. Sandberg stated, that it is his understanding that the two year legislation would apply to comprehensive zoning by-laws, which is what our new draft by-law will be, rather than site specific by-laws. For instance, one cannot change the R1 zone to R3 for the sake of more density, nor can one rezone property from commercial to industrial wherein a minor variance is more specific to the property. Mr. Sandberg stated that further information and clarification on Bill 73 would be provided at the next Committee meeting for members to review and discuss. Corey DiCarlo, Builder and Applicant for the application was in attendance. He stated that a mistake was made several years ago when the architect modelled each lot, however this lot (#A ) and the next one before the Committee (#A ) was made in error. The mistake was found and corrected so that all the rest of the lots in Phase 1 now complies with the current zoning by-law. Mr. DiCarlo assured the Committee members that no further minor variances from Phase 1 would be coming forward. As there were no other persons in attendance to speak in favour of or in opposition to the variance, Chairman Waind closed the public meeting. Motion to adopt the Planning Staff Report #PDS Moved by: Bill Remus Seconded by: David Morgan Carried. Motion: 6

7 Moved by: David Morgan Seconded by: Bill Remus THAT the Committee of Adjustment GRANT Minor Variance Application No. A to permit the development of the lands in accordance with the submitted site sketch. CONDITIONS: 1. That the development be constructed in a manner substantially in accordance with the site sketch attached as Attachment #1; and 2. That this variance to the zoning by-law is for the purpose of obtaining a building permit and is only valid for a period of two years from the date of decision. If a building permit has not been issued by the Town within two years, the variance shall expire on August 15, REASON FOR DECISION: The Committee is satisfied that the application meets the four tests of a minor variance of Section 45(1) of the Planning Act, as noted in the Planning and Development Services Staff Report PDS The Committee received written and/or oral submissions before and/or during the hearing and have taken these submissions into consideration when making the decision. Carried C.4 Application No: A Owner: Terra Brook Homes Inc. Applicant: Corey DiCarlo Terra Brook Homes Inc. Legal Description: Lot 26 (Block 22), Plan 16M-59 Civic Address: 123 Creekwood Court Chairman Waind read aloud the Public Meeting Notice, including the purpose and effect of the application, wherein the proposed variance seeks relief from the maximum lot coverage provision of the R3-126 zone of the former Township of Collingwood Zoning By-law The purpose and effect of the proposed variance is to permit the construction of a single detached dwelling at a maximum lot coverage of 31.0%, whereas Zoning By-law permits a maximum of 30% in the R3-126 zone. The legal description of the subject lands is Lot 26, Plan 16M-59. Grey County Planning Department provided all environmental concerns are flagged through the subdivision process, being 42T Second Nature Phase 2, they would have no concerns; County Transportation Services no objections; Grey Sauble Conservation Authority no natural hazards or significant natural heritage features were identified and would have no objection; Historic Saugeen Metis no objection; Town of The Blue Mountains Infrastructure & Public Works no comments; Town of The Blue Mountains Planning Department - the application meets the four tests as laid out in the Planning Act and would support the granting of the minor variance subject to any conditions stated in Planning Staff Report #PDS

8 Corey DiCarlo, Builder and Applicant for the application was in attendance. As there were no other persons in attendance to speak in favour of or in opposition to the variance, Chairman Waind closed the public meeting. Motion to adopt the Planning Staff Report #PDS Moved by: David Morgan Seconded by: Bill Remus Carried. Motion: Moved by: David Morgan Seconded by: Bill Remus THAT the Committee of Adjustment GRANT Minor Variance Application No. A to permit the development of the lands in accordance with the submitted site sketch. CONDITIONS: 1. That the development be constructed in a manner substantially in accordance with the site sketch attached as Attachment #1; and 2. That this variance to the zoning by-law is for the purpose of obtaining a building permit and is only valid for a period of two years from the date of decision. If a building permit has not been issued by the Town within two years, the variance shall expire on August 15, REASON FOR DECISION: The Committee is satisfied that the application meets the four tests of a minor variance of Section 45(1) of the Planning Act, as noted in the Planning and Development Services Staff Report PDS The Committee received written and/or oral submissions before and/or during the hearing and have taken these submissions into consideration when making the decision. Carried. D. New and Unfinished Business: 1. Secretary/Treasurer asked if any Committee member would be attending the upcoming OACA Seminar in Guelph on October th, 2018 as registration is required by August 27, Both Messrs. Waind and Morgan will be attending. E. Next Meeting Date: September 19, 2018 F. Adjournment Moved by: David Morgan THAT this Committee of Adjustment meeting now be adjourned. Carried. 8

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