COMMITTEE OF ADJUSTMENT MINUTES May 18, P.M. COUNCIL CHAMBERS COUNTY ADMINISTRATION BUILDING

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1 COMMITTEE OF ADJUSTMENT MINUTES May 18, P.M. COUNCIL CHAMBERS COUNTY ADMINISTRATION BUILDING MEMBERS PRESENT Richard Barker, Marcel VanHooren, Rudy Stickl, Larry Dawson, Dennis Tschirhart, Eric Gilbert, Dan Ciona MEMBERS ABSENT STAFF PRESENT Mat Vaughan, Senior Planner Alisha Cull, BES, Planner Sherry Mott, Secretary Treasurer Ashley Taylor, Planning Student DISCLOSURE OF PECUNIARY INTEREST There were no disclosures of pecuniary interest. ADOPTION OF MINUTES MOVED BY: Rudy Stickl SECONDED BY: Dan Ciona AND RESOLVED that the Minutes of the Committee of Adjustment meeting held Wednesday, April 20, 2016 be adopted as circulated. APPLICATIONS: BNPL DARBISHIRE TREVOR WILSON BNPL SHOFF GEORGE ERNEST BNPL DARBISHIRE TREVOR WILSON DARBISHIRE KIRA LYS SHOFF EVELYN BERNICE DARBISHIRE KIRA LYS BNPL FRIESEN JOHAN WALL ANPL TRAVIS MICHAEL ROSS TRAVIS TRACY LYNN ANPL DEKONINCK JEREMY RICHARD BNPL CSABA STUCZ & SHANON JESSICA STUCZ ANPL JEFF BOUCK

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3 APPLICATIONS FILE NUMBER: BNPL APPLICANT: DARBISHIRE TREVOR WILSON DARBISHIRE KIRA LYS AGENT: David Roe PRESENT: Dave Roe Alisha Cull, Planner, presented the report as written. Planning staff recommended the application be Approved. The agent did not have any comment for consideration. The Committee made the following Decision: MOVED BY: Rudy Stickl SECONDED BY: Larry Dawson AND RESOLVED THAT pursuant to Section 53 of The Planning Act, R.S.O. 1990, c.p. 13, this Committee hereby Approves the application of DARBISHIRE TREVOR WILSON and DARBISHIRE KIRA LYS LOCATION: WDH CON 1 PT LOT 5 (380 HIGHWAY 6, PORT DOVER) An application has been received to sever a parcel having no frontage, a width of m, a depth of m, and having an area of 1411 sq m (0.35 ac) and retain a parcel having an area of 46.5 ha (114.9 ac) as a boundary adjustment. Lands to be added to existing vacant lot located immediately adjacent to the north of the subject lands with Roll # Final lot size: sq m (1 ac). CONDITIONS: 1. Payment of any outstanding taxes 2. Receipt of a letter from the Public Works and Environmental Services Department indicating that their requirements have been satisfied concerning an entrance permit. 3. Receipt of a letter from the Secretary-Treasurer indicating that the two lots with PINs and have been merged 4. That Section 50(3) or (5) of the Planning Act shall apply to any subsequent conveyance or transaction. 5. That the severed parcel becomes part and parcel of the abutting lands presently owned by Trevor and Kira Darbishire assessment roll numbers and That the solicitor acting in the transfer provides their undertaking in the following manner. In consideration of the Certificate of Official, I undertake to ensure that at the time of the registration of the said Certificate of Official or deed upon which time it has been affixed, the name of the registered owner of the abutting lands is the same as that of the Grantee in the said deed. 7. Receipt of five copies of the registered reference plan for the severed parcel of land. 8. Receipt of three copies of the deed for the severed parcel of land, or if filing by electronic registration, receipt of the PIN print-out and three copies of the Transfer in Preparation. 9. That the solicitor acting in the transfer provide an undertaking to provide the Secretary-Treasurer with a copy of the first page of the Receipted Transfer upon completion of the electronic registration. 10. That the above conditions must be fulfilled and the Certificate for consent be issued on or before the lapsing date noted below after which time the consent will lapse. LAPSING DATE: May 18, 2017 REASON: The subject application conforms to the policies of the Provincial Policy Statement, 2014 and the Norfolk County Official Plan regarding boundary adjustments in the Agricultural area.

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5 FILE NUMBER: BNPL APPLICANT: SHOFF GEORGE ERNEST SHOFF EVELYN BERNICE AGENT: David Roe PRESENT: Dave Roe, Chris VanPassen Alisha Cull, Planner, presented the report as written. Planning staff recommended the application be Refused. A letter was presented from the agent-and addressed the issues in question. What is currently being farmed is asked by committee. It is a former tobacco farm, currently a hay field, native tall grass and oats. There was a railroad track in the past going through the property. Additional Lands would provide existing barn has the maximum lot coverage supported by the current by-law. Not good agricultural land. Some of the land was used historically. The quality of the property is valued as much as the applicant has paid for the severance-the agent states that it does comply with the OP. was planning involved when the railway lines were there. There is a chain of organization that it is offered to-the last is to the owner. Rear yards are amenities. Senior Planner sates that the Policies where different when the railways were there. PPS and OP very specific for boundary adjustments. Mr.Van Passen-states that the property behind him is farmed except the railway line. Trying to tidy up a few things. There are trees on the line to be adjusted. There is sufficient room to get away from traffic. It was a neglected opportunity-against the by-law policies? Useless piece of property to farm from a farmers point of view. Mixed decisions regarding the application. The first motion was dismissed for refusal. The Chair was the deciding vote and explained his reasoning. The Committee made the following Decision: MOVED BY: SECONDED BY: AND RESOLVED THAT pursuant to Section 53 of The Planning Act, R.S.O. 1990, c.p. 13, this Committee hereby Approves the application of SHOFF GEORGE ERNEST and SHOFF EVELYN BERNICE LOCATION: WOODHOUSE CON 1 PT LOT 6 (239 BLUELINE RD, SIMCOE) An application has been received to sever a parcel having no frontage, a width of m, a depth of m, and having an area of 989 sq m, and retain a parcel having an area of ha (30.45 ac) as a boundary adjustment. Lands to be added to existing parcel located immediately adjacent to the north of the subject lands with Roll # Final lot size: 0.69 ha (1.7 ac). CONDITIONS: 1. Payment of any outstanding taxes 2. Drainage assessment reapportionment be undertaken pursuant to Section 65 of the Drainage Act, R.S.O at the applicant s expense $ That Section 50(3) or (5) of the Planning Act shall apply to any subsequent conveyance or transaction. 4. That the severed parcel becomes part and parcel of the abutting lands presently owned by Ernest and Evelyn Shoff assessment roll number That the solicitor acting in the transfer provides their undertaking in the following manner. In consideration of the Certificate of Official, I undertake to ensure that at the time of the registration of the said Certificate of Official or deed upon which time it has been affixed, the name of the registered owner of the abutting lands is the same as that of the Grantee in the said deed. 6. That a one square foot portion of land presently owned by: (assessment roll number ) be conveyed to the abutting road allowance owned by Norfolk County (registered copy of document for conveyance and reference plan required) for the purposes of consolidating the subject lands and that the costs for completing same be at the expense of the applicant.

6 7. Receipt of five copies of the registered reference plan for the severed parcel of land. 8. Receipt of three copies of the deed for the severed parcel of land, or if filing by electronic registration, receipt of the PIN print-out and three copies of the Transfer in Preparation. 9. That the solicitor acting in the transfer provide an undertaking to provide the Secretary-Treasurer with a copy of the first page of the Receipted Transfer upon completion of the electronic registration. 10. That the above conditions must be fulfilled and the Certificate for consent be issued on or before the lapsing date noted below after which time the consent will lapse. LAPSING DATE: May 18, 2017 REASON: The subject application does not conform to the policies of the Provincial Policy Statement, 2014 or the Norfolk County Official Plan regarding boundary adjustments in the Agricultural area.

7 FILE NUMBER: BNPL APPLICANT: DARBISHIRE TREVOR WILSON DARBISHIRE KIRA LYS AGENT: David Roe PRESENT: Dave Roe Alisha Cull, Planner, presented the report as written. Planning staff recommended the application be Approved. The agent did not have any comment for consideration. The Committee made the following Decision: MOVED BY: SECONDED BY: AND RESOLVED THAT pursuant to Section 53 of The Planning Act, R.S.O. 1990, c.p. 13, this Committee hereby Approves the application of DARBISHIRE TREVOR WILSON DARBISHIRE KIRA LYS LOCATION: WDH CON 1 PT LOT 5 (HIGWAY 6, PORT DOVER) An application has been received to sever a parcel having a frontage of m, a width of m, a depth of m, and having an area of 266 sq m (0.07 ac) and retain a parcel having an area of sq m (0.65 ac) as a boundary adjustment. Lands to be added to existing parcel located immediately adjacent to the west of the subject lands with Roll # Final lot size: ha (115 ac). CONDITIONS: 1. Payment of any outstanding taxes 2. Receipt of a letter from the Public Works and Environmental Services Department indicating that their requirements have been satisfied concerning an entrance permit. 3. That Section 50(3) or (5) of the Planning Act shall apply to any subsequent conveyance or transaction. 4. That the severed parcel becomes part and parcel of the abutting lands presently owned by Eugene Magalas assessment roll number That the solicitor acting in the transfer provides their undertaking in the following manner. In consideration of the Certificate of Official, I undertake to ensure that at the time of the registration of the said Certificate of Official or deed upon which time it has been affixed, the name of the registered owner of the abutting lands is the same as that of the Grantee in the said deed. 6. Receipt of five copies of the registered reference plan for the severed parcel of land. 7. Receipt of three copies of the deed for the severed parcel of land, or if filing by electronic registration, receipt of the PIN print-out and three copies of the Transfer in Preparation. 8. That the solicitor acting in the transfer provide an undertaking to provide the Secretary-Treasurer with a copy of the first page of the Receipted Transfer upon completion of the electronic registration. 9. That the above conditions must be fulfilled and the Certificate for consent be issued on or before the lapsing date noted below after which time the consent will lapse. LAPSING DATE: May 18, 2017 REASON: The subject application conforms to the policies of the Provincial Policy Statement, 2014 and the Norfolk County Official Plan regarding boundary adjustments in the Agricultural area.

8 FILE NUMBER: APPLICANT: AGENT: PRESENT: BNPL FRIESEN JOHAN WALL James Boll Legal Representative Alisha Cull, Planner presented the report as written. Planning staff recommended the application be Approved. The agent did not have any comment for consideration. The Committee made the following Decision: MOVED BY: Dennis Tschirhart SECONDED BY: Marcel VanHooren AND RESOLVED THAT pursuant to Section 53 of The Planning Act, R.S.O. 1990, c.p. 13, this Committee hereby APPROVES the application of FRIESEN JOHAN WALL LOCATION: CHR CON 9 PT LOT 16, (1221 MCDOWELL RD, SIMCOE) An application has been received to sever a parcel having a frontage of m, a width of m, a depth of m, and having an area of sq m (0.65 ac) and retain a parcel having an area of 3.65 ha (9.02 ac) as a boundary adjustment. Lands to be added to existing parcel located immediately adjacent to the west of 1221 McDowell Road East with Roll # Final lot size: 1.87 ac. CONDITIONS: 1. Payment of any outstanding taxes 2. Drainage assessment reapportionment be undertaken pursuant to Section 65 of the Drainage Act, R.S.O at the applicant s expense $ That Section 50(3) or (5) of the Planning Act shall apply to any subsequent conveyance or transaction. 4. That the severed parcel becomes part and parcel of the abutting lands presently owned by Johan and Katharina Friesen- Roll No That the solicitor acting in the transfer provides their undertaking in the following manner. In consideration of the Certificate of Official, I undertake to ensure that at the time of the registration of the said Certificate of Official or deed upon which time it has been affixed, the name of the registered owner of the abutting lands is the same as that of the Grantee in the said deed. 6. Receipt of five copies of the registered reference plan for the severed parcel of land. 7. Receipt of three copies of the deed for the severed parcel of land, or if filing by electronic registration, receipt of the PIN print-out and three copies of the Transfer in Preparation. 8. That the solicitor acting in the transfer provide an undertaking to provide the Secretary-Treasurer with a copy of the first page of the Receipted Transfer upon completion of the electronic registration. 9. That the above conditions must be fulfilled and the Certificate for consent be issued on or before the lapsing date noted below after which time the consent will lapse. LAPSING DATE: May 18, 2017 REASON: The subject application conforms to the policies of the Provincial Policy Statement, 2014 and the Norfolk County Official Plan regarding boundary adjustments in the Agricultural area.

9 FILE NUMBER: APPLICANT: Neighbour: ANPL TRAVIS MICHAEL ROSS and TRAVIS TRACY LYNN Chris Turnbull Ashley Taylor, Planning Student, presented the report as written. Planning staff recommended the application be APPROVED. The neighbour stated his concerns regarding the new fence being built. There is a stake is on the neighbour s property. The Chair clarified that the applicant needs to get a building permit for the new garage. There is a fence by-law that would answer these questions. The Committee made the following Decision: MOVED BY: Dan Ciona SECONDED BY: Eric Gilbert AND RESOLVED THAT pursuant to Section 53 of The Planning Act, R.S.O. 1990, c.p. 13, this Committee hereby Approves the application of TRAVIS MICHAEL ROSS and TRAVIS TRACY LYNN LOCATION: CHR PLAN 117 LOT 2 PT LOT 3 (131 CEDAR DRIVE, TURKEY POINT) An application has been received to build an accessory structure requiring relief of: sq m from the minimum permitted lot of record area of 700 m to permit a lot area of sq m; m from the minimum required lot frontage of 18 m to permit a lot frontage of m; - 1.6% from the maximum permitted lot coverage for a dwelling of 15% to permit a lot coverage of 16.6%; m from the minimum permitted exterior side yard of of 6 m to permit an exterior side yard of 4.42 m; and m from the minimum permitted interior side yard of 1.2 m to permit an interior side yard of 0.61 m. REASON: In accordance with Section 45(1) of the Planning Act, the proposed development and requested relief is considered appropriate development, minor in nature and it maintains the general intent of the Official Plan and Zoning Bylaw.

10 FILE NUMBER: APPLICANT: ANPL DEKONINCK JEREMY RICHARD Ashley Taylor, Student Planner, presented the report as written. Planning staff recommended the application be APPROVES. The agent did not have any comment for consideration. The Committee made the following Decision: MOVED BY: Dennis Tschirhart SECONDED BY: Larry Dawson AND RESOLVED THAT pursuant to Section 53 of The Planning Act, R.S.O. 1990, c.p. 13, this Committee hereby APPROVES the application of DEKONINCK JEREMY RICHARD LOCATION: MID CON 1 NTR LOT 45 (160 HWY 59, DELHI) An application has been received to recognize an existing accessory structure requiring relief of: sq m from the maximum permitted useable floor area of 100 sq m to permit a useable floor area of sq m; and - 1 m from the maximum permitted height of an accessory structure of 6 m to permit a height of 7 m. REASON: In accordance with Section 45(1) of the Planning Act, the proposed development and requested relief is considered appropriate development, minor in nature and it maintains the general intent of the Official Plan and Zoning Bylaw.

11 FILE NUMBER: APPLICANT: BNPL CSABA STUCZ & SHANON JESSICA STUCZ Mat Vaughan, Planner presented the report as written. Planning staff recommended the application be APPROVED. The agent did not have any comment for consideration. The Committee made the following Decision: MOVED BY: Marcel VanHooren SECONDED BY: Eric Gilbert AND RESOLVED THAT pursuant to Section 53 of The Planning Act, R.S.O. 1990, c.p. 13, this Committee hereby APPROVES the application of CSABA STUCZ & SHANON JESSICA STUCZ LOCATION: MID CON 2 NTR PT LOT 1 ( 35 SHORTIES SIDE RD, TILLSONBURG) An application has been received to sever a parcel having a frontage of m, a width of 61.2 m, a width of 30.4 m, and having an area of 930 sq m (0.23 ac) and retain a parcel having an area of 16 ha (39.53 ac) as a boundary adjustment. Lands to be added to existing parcel located immediately adjacent to the west of 35 Shorties Side Road with Roll # Final lot size: 6.77 ac. CONDITIONS: 1. Payment of any outstanding taxes 2. Receipt of a letter from the Building Inspector (Part 8) indicating their requirements regarding the removal of the tree, pool and shed from the tile bed of the onsite sewage disposal system have been satisfied. 3. That all debris and any outdoor storage used for a home occupation or home industry located at must be removed to the satisfaction of Norfolk County Building Division. 4. That Section 50(3) or (5) of the Planning Act shall apply to any subsequent conveyance or transaction. 5. That the severed parcel becomes part and parcel of the abutting lands presently owned by Csaba and Sharon Stucz assessment roll number That the solicitor acting in the transfer provides their undertaking in the following manner. In consideration of the Certificate of Official, I undertake to ensure that at the time of the registration of the said Certificate of Official or deed upon which time it has been affixed, the name of the registered owner of the abutting lands is the same as that of the Grantee in the said deed. 7. That a survey be submitted showing the required front, rear and side yard measurements of all existing buildings on parcel in accordance with all zone provisions to the satisfaction of the Development and Cultural Services Department. 8. Receipt of five copies of the registered reference plan for the severed parcel of land. 9. Receipt of three copies of the deed for the severed parcel of land, or if filing by electronic registration, receipt of the PIN print-out and three copies of the Transfer in Preparation. 10. That the solicitor acting in the transfer provide an undertaking to provide the Secretary-Treasurer with a copy of the first page of the Receipted Transfer upon completion of the electronic registration. 11. That the above conditions must be fulfilled and the Certificate for consent be issued on or before the lapsing date noted below after which time the consent will lapse. LAPSING DATE: May 18, 2017 REASON: The subject application conforms to the policies of the Provincial Policy Statement, 2014 and the Norfolk County Official Plan regarding boundary adjustments in the Agricultural area.

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13 FILE NUMBER: APPLICANT: PRESENT: ANPL JEFF BOUCK Jeff Bouck Mat Vaughan, Senior Planner presented the report as written. Planning staff recommended the application be APPROVED. A discussion was held regarding the addition to the building and the eastrough, and covering the garbage bins to tidy things up. The Committee made the following Decision: MOVED BY: SECONDED BY: AND RESOLVED THAT pursuant to Section 53 of The Planning Act, R.S.O. 1990, c.p. 13, this Committee hereby APPROVES the application of JEFF BOUCK LOCATION: PRWN PLAN 16B BLK 29 LOT16 (1048 BAY STREET, PORT ROWAN) An application has been received to recognize an existing deficiency requiring relief of: m from the minimum permitted rear yard setback of 6 m to permit a decreased rear yard setback of 0.69 m. REASON: In accordance with Section 45(1) of the Planning Act, the proposed development and requested relief is considered appropriate development, minor in nature and it maintains the general intent of the Official Plan and Zoning Bylaw.

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15 ADJOURNMENT: MOVED BY: SECONDED BY: AND RESOLVED that this Committee does now adjourn to meet again at the next regular Session to be held Wednesday, June 15, TIME OF ADJOURNMENT: 6:15 Chairman Secretary-Treasurer