Marilyn Curson, Lynn Brown and Gwen Brice

Transcription

1 Consent Agenda Apr 7 15 Minutes of Regular Meeting of the Committee of Adjustment held on Thursday, December 11, 2014 at 4:30 p.m. at the Canton Municipal Office, 5325 County Road 10, in the Council Chambers. Present: Staff Present: Absent with Notice: Marilyn Curson, Lynn Brown and Gwen Brice Connie Martinell, Secretary-Treasurer Karen Kynaston, Secretary-Treasurer Brad Mills and Anita Blackwood In the absence of the Chair and Vice-Chair, Connie Martinell, Secretary-Treasurer called the meeting to order at 4:33 p.m. and requested a motion to elect an Acting Chair for the meeting. CA 34/14 Moved by Gwen Brice Seconded by Lynn Brown Be it resolved that Marilyn Curson be elected as Acting Chairperson for the meeting. 1. Approval of Agenda CA 35/14 Moved by Gwen Brice Seconded bylynn Brown Be it resolved that the agenda be approved as circulated. 2. Disclosure of Pecuniary Interest None Declared 3. Minutes 3.1 Regular Meeting Minutes of November 20, Copy previously circulated. CA 36/14 Moved by Gwen Brice Seconded by Lynn Brown Committee of Adjustment Minutes Page 1 of 12

2 Be it resolved that this Committee approve and adopt the Regular Meeting Minutes of November 20, 2014 as circulated. 4. Applications Scheduled for Hearing Theodhora Merepeza, Municipal Planner was in attendance :35 p.m. B02/14 - Ecovue Consulting Services Inc. on behalf of Ontario Limited, th Line The proposed application for consent is for the creation of a new lot for agricultural purposes located in Concession 3, Part of Lots 29 and 30, more particularly described as Parts 1 to 7, on Plan 39R-11358, and municipally known as th Line. The proposed severed land to be used for agricultural purposes will have an area of approximately 2.97 acres (1.2 hectares) with a lot frontage on 4 th Line of approximately 100 metres and contains two existing accessory buildings previously used as a greenhouse. The proposed retained land will have an area of approximately acres (43.9 hectares) with a lot frontage on 4 th Line of approximately 708 metres. The subject lands are designated Prime Agriculture under the Municipality of Port Hope Official Plan and are zoned Agricultural (A) Zone under the Municipality of Port Hope s Comprehensive Zoning By-law 20/2010, as amended. Kent Randall, Planner from Ecovue Consulting Services Inc. was in attendance along with neighbouring property owners, Lawrence Boyko, th Line, Jackie and Ed Irwin, 3639 Roseberry Hill Road and Carmen Irwin, 3669 County Road 65. Comments received and distributed were reviewed from the following: Works & Engineering No objection to the application. Planning & Development Services Supports the application for the creation of a new lot for agricultural purposes subject to i) Minimum Distance Separation Formula to be applied for the livestock facilities that may be present in the surrounding area; ii) that the severed lands be the subject of a Zoning By-law Amendment (site-specific exception to the "A" Zone) in order to recognize the deficient Lot Area, Lot Frontage and Lot Coverage of these lands, as well as to outline the permitted agriculture-related uses and/or agriculture uses, while prohibiting the residential uses; and iii) the standard condition with respect to the presence of neighbouring agricultural operations. Committee of Adjustment Minutes Page 2 of 12

3 Ganaraska Region Conservation Authority No objection to the application with regard to matters under the jurisdiction and mandate of the Conservation Authority. Northumberland Onsite Sewage Inspection No objections to the application for consent. TransCanada Pipeline - No objections to the proposed consent and requested that regulatory and development conditions of development be forwarded to the applicant for awareness purposes. Trans-Northern Pipeline - Does not object to the application or to the consent requested. Enbridge Pipelines - Does not have any objections to the proposed severance of the property and requested that new landowner be advised of pipeline right-of-way that will be near the property. Discussion: - Intent is to continue to permit agricultural uses with a change of boundaries with no new additional uses or new lot being created; - Minimum Distance Separation requirements; - Permitted and potential agricultural uses i.e. pig farm; - Existing use of buildings and land and proposed uses; - Residential uses prohibited on severed lands; - Guidance document being prepared by Ontario Ministry of Agriculture, Food and Rural Affairs related to agricultural related uses; - Applicable by-law provisions/rezoning. CA 37/14 Moved by Gwen Brice Seconded by Lynn Brown Be it resolved that this Committee grant approval of Application B02/14 by Ecovue Consulting Services Inc. on behalf of Ontario Limited for land located in Concession 3, Part of Lots 29 and 30, municipally known as th Line, Port Hope, for Consent to create a new lot for agriculture and agriculture-related uses with an area of approximately 2.97 acres (1.2 hectares) and a lot frontage on 4 th Line of approximately 100 metres. Committee of Adjustment Minutes Page 3 of 12

4 Subject to the following conditions: Conditions of Approval 1. Compliance with Minimum Distance Separation (MDS) to the satisfaction of the Municipality of Port Hope. 2. Severed land to be rezoned prohibiting residential uses. 3. Owners to enter into an Agreement with the Municipality of Port Hope whereby the following clause, or something similar to it, be registered on title: The Grantee, by the acceptance of this conveyance, acknowledges that the lands hereby conveyed are located in an agricultural area and are accordingly subject to the usual noise, dust and odours associated with both existing and future agricultural operations in the vicinity. This acknowledgement shall run with the lands hereby conveyed and shall be binding upon all future owners thereof. 4. That the applicant convey to the Municipality, in a form acceptable to the Municipality, a grant of easement for any public utility easement, drainage easement, right-of-ways or similar covenants in favour of the Municipality that existed on either the severed or retained lands, but which have expired pursuant to the provisions of Part III of the Registry Act, R.S.O. 1990, as amended, prior to the date of this decision. 5. Submission of Reference Plans with UTM Coordinates and Deed for Stamping. 6. Conditions must be fulfilled within one year of the date of mailing of the Notice of Decision. Failure to do so will cause the consent to be refused. Reasons for Decision: 1. Application is consistent with the 2014 Provincial Policy Statement for creation of new lots in the prime agriculture designation for agriculture-related uses and appropriate land use subject to appropriate conditions. 2. Application is in keeping with the general intent and purpose of the Official Plan policies. 3. Application is for the creation of a new lot for agriculture-related uses and/or agriculture uses. the Committee authorized a copy of the Notice of Decision to be distributed to Lawrence Boyko, th Line, Jackie and Ed Irwin, 3639 Roseberry Hill Road and Carmen Irwin, 3669 County Road 65. The appeal process was reviewed. The delegation was excused at 4:54 p.m. Committee of Adjustment Minutes Page 4 of 12

5 4.2 4:45 p.m. - A06/ Ontario Ltd. o/a Stalwood Homes on behalf of Larry and Heather Glazier, 13 Trafalgar Street The proposed application is for minor variance for land located in Concession 1, Part Lot 8, and more particularly described as being Part 3 of Plan 9R-250 and Part 3 of Plan 9R-2482, and municipally known as 13 Trafalgar Street in Ward 1 of the Municipality of Port Hope, from the provisions of By-law 20/2010, being a By-law to regulate land use in respect of Part 4 General Provisions, Section 4.9.2: Increased Front Yard Relief from the average of the front yards of the two developed lots of meters to approximately 17.7 meters to recognize the minimum required front yard for the subject lands. Where a vacant lot exists between two developed lots, the minimum required front yard of the vacant lot shall be the average of the front yards of the two developed lots. The existing dwelling located on the east side of the subject lands at 11 Trafalgar Street has a front yard of approximately 35.0 meters and the existing dwelling located on the west side of the subject lands at 15 Trafalgar Street has a front yard of approximately 17.7 meters. The subject lands are currently designated Low Density Residential Physical Constraint under the Municipality of Port Hope Official Plan and zoned Low Density Residential One Type Two RES1-2 Zone by the Municipality of Port Hope s Comprehensive Zoning By-law 20/2010, as amended. Brenda Smith and Anthony Dew of Stalwood Homes were in attendance on behalf of the property owners. Comments received and distributed were reviewed from the following: Works & Engineering No objection to the application and applicant is advised proposed new entrance will require a culvert. Planning & Development Services Supports the subject application for Minor Variance. Ganaraska Region Conservation Authority No objection to application A06/14 with regard to matters under the jurisdiction and mandate of the Ganaraska Region Conservation Authority. Northumberland County Sewage Inspection - No objection to the Minor Variance as property is serviced by municipal services. Committee of Adjustment Minutes Page 5 of 12

6 Veridian Connections - No objection to the proposed development. Applicant is directed to contact Veridian as soon as servicing is contemplated. Letter dated November 25, 2014 from Laurie Marsan, 11 Trafalgar Street; Sam and Barb McReelis, 15 Trafalgar Street; and Rick and Shirley Wilkinson, 17 Trafalgar Street - Objection to the requested variance as the requested variance will detract from the overall streetscape, affect neighbouring property values and the proposed location of the home will significantly affect sightlines from neighbouring homes. Letter dated November 26, 2014 from Laurie Marsan, 11 Trafalgar Street; Sam and Barb McReelis, 15 Trafalgar Street; and Rick and Shirley Wilkinson, 17 Trafalgar Street - Remain concerned that the character of the street as described in their previous letter be maintained and property values be protected. They appreciate the house proposed is size-appropriate for the lot and propose a compromise plan for the front of the garage of the proposed home to be set back from the street 17.7 meters (equal distance to the set back of the garage of #15 Trafalgar), in the spirit of setting a framework for good relations with a future neighbour. Mr. Dew reported that he had met with the property owners after they received the initial letter from neighbouring property owners. He reassessed and revised the plan to address concerns of neighbouring property owners to increase the set back from the street and provided clarification pertaining to tree removal. CA 38/14 Moved by Lynn Brown Seconded by Gwen Brice Be it resolved that this Committee grant approval of application A06/14 by Stalwood Homes on behalf of Larry and Heather Glazier for land described as Part 3 of Plan 9R- 250 and Part 3 of Plan 9R-2482, and municipally known as 13 Trafalgar Street, Port Hope, for minor variance from the Increased Front Yard average of the front yards of the two developed lots of meters to approximately 17.7 meters to recognize the minimum required front yard for the subject lands. Conditions of Approval: None Reasons for Decision: 1. The requested minor variance is felt to be minor in nature. 2. The requested minor variance is felt to be desirable for the appropriate development of the land. Committee of Adjustment Minutes Page 6 of 12

7 3. The general intent and purpose of the Official Plan will be maintained. 4. The general intent and purpose of the Zoning By-law 20/2010, as amended will be maintained. 5. The requested minor variance is required to recognize the minimum required front yard setback between two existing dwellings. The delegation was excused at 5:02 p.m :55 p.m. - B03/14 - Ann Simpson, th Line The proposed application for Consent is for a lot addition of a portion of land located in Concession 5, Part of Lot 35 including Part of the Road Allowance between Lots 34 and 35 and municipally known as th Line. The lot addition consists of an area of approximately 2.49 hectares (6.16 acres) to be added to the adjacent property owned by Charlotte Ora Chandler located in Concession 5, Part of Lots 34 and 35, Part 1 on Plan 9R-1413 and Part 2 on Plan 39R There will be no new lot created. The balance of the retained lands will have an area of approximately 3.18 hectares (7.86 acres) with a lot frontage on the 6 th Line of approximately metres ( feet) and contains an existing single family dwelling and accessory buildings. The Chandler property is presently approximately hectares (137 acres) which will be increased in size to approximately hectares ( acres). The subject lands are designated Agricultural - Prime under the Municipality of Port Hope Official Plan and are zoned Agricultural (A) under the Municipality of Port Hope s Comprehensive Zoning By-law 20/2010, as amended. The applicant Ann Simpson was in attendance along with Doug Murray, 233 6th Line who was in attendance on behalf of Charlotte Ora Chandler. Comments received and distributed were reviewed from the following: Works & Engineering No objection to the application. Planning & Development Services Does not object to the lot addition application. Ganaraska Region Conservation Authority No objection to application A06/14 with respect to matters under the jurisdiction and mandate of the Ganaraska Region Conservation Authority. As the proposed severed and retained lands are traversed by two identified watercourses with associated floodplain and valley lands, as such they are under regulation by the GRCA and a permit would be required under the GRCA's Development, Interference with Wetlands and Committee of Adjustment Minutes Page 7 of 12

8 Alterations to Shorelines and Watercourses Regulation prior to any development within the regulated portions of the property or altering or interfering in any way with the channel of the watercourse. Northumberland County Sewage Inspection No objections to the application for lot addition. CA 39/14 Moved by Lynn Brown Seconded by Gwen Brice Be it resolved that this Committee grant approval of Application B03/14 by Ann Simpson for land located in Concession 5, Part of Lot 35 including Part of the Road Allowance between Lots 34 and 35 and municipally known as th Line, Port Hope, for Lot Addition of an area of approximately 2.49 hectares (6.16 acres) to be consolidated with the adjacent property owned by Charlotte Ora Chandler located in Concession 5, Part of Lots 34 and 35, Part 1 on Plan 9R-1413 and Part 2 on Plan 39R This consolidation will increase the size of property owned by Charlotte Ora Chandler located in Concession 5, Part of Lots 34 and 35, Part 1 on Plan 9R-1413 and Part 2 on Plan 39R-8927 approximately hectares ( acres). Subject to the following conditions: Conditions of Approval: 1. Owners to enter into an Agreement with the Municipality of Port Hope whereby the following clause, or something similar to it, be registered on title: The Grantee, by the acceptance of this conveyance, acknowledges that the lands hereby conveyed are located in an agricultural area and are accordingly subject to the usual noise, dust and odours associated with both existing and future agricultural operations in the vicinity. This acknowledgement shall run with the lands hereby conveyed and shall be binding upon all future owners thereof. 2. Submission of Reference Plan with UTM Coordinates and Deed for Stamping merging approximately 2.49 hectares (6.16 acres) from property owned by Ann Simpson, Concession 5, Part of Lot 35 including Part of the Road Allowance between Lots 34 and 25 and municipally known as th Line, with the adjacent property owned by Charlotte Ora Chandler located in Concession 5, Part of Lots 34 and 35, Part 1 on Plan 9R-1413 and Part 2 on Plan 39R-8927 increasing the Chandler property in size to approximately hectares ( acres). 3. That the applicant convey to the Municipality, in a form acceptable to the Municipality, a grant of easement for any public utility easement, drainage easement, right-of-ways or similar covenants in favour of the Municipality that Committee of Adjustment Minutes Page 8 of 12

9 existed on either the severed or retained lands, but which have expired pursuant to the provisions of Part III of the Registry Act, R.S.O. 1990, as amended, prior to the date of this decision. 4. Conditions must be fulfilled within one year of the date of mailing of the Notice of Decision. Failure to do so will cause the consent to be refused. Reasons for Decision: 1. The proposed development of the lands represents appropriate planning for the development of existing lands. 2. Application is in keeping with the general intent and purpose of the Official Plan policies and Zoning By-law 20/2010, as amended. 3. Application is for a lot addition and no new lot is being created. It was explained that the Notice of Decision will be sent out and all conditions would need to be met within the timeframe of one year. A surveyor needs to be retained and a lawyer hired to prepare the documents/deeds. The delegation was excused at 5:10 p.m :05 p.m. - A07/14 - William Muldrew, 1564 Oak Hill Road The application for minor variance is for property located in Concession 9, Lot 29 and municipally known as 1564 Oak Hill Road, in the Municipality of Port Hope, from the provisions of the Zoning By-law 20/2010, as amended, being a By-law to regulate land use, in respect of Part 4 General Provisions, Section 4.3(d) Accessory Farm Employee Accommodation, from the maximum gross floor area for accessory farm employee accommodation (municipally known as 1562 Oak Hill Road) of 80 square meters to square meters. The subject lands are currently designated Oak Ridges Moraine Natural Core Area under the Municipality of Port Hope Official Plan and zoned Oak Ridges Moraine Environmental Protection ORM-EP Zone, Oak Ridges Moraine Core ORM-C Zone, Oak Ridges Moraine Environmental Review (H4) Zone and Environmental Protection Flood Plain (Overlay) EP-F Zone by the Municipality of Port Hope s Comprehensive Zoning By-law 20/2010, as amended. The applicant William Muldrew was in attendance along with neighbouring property owners Thomas Bendoraitis, 1796 Oak Hill Road and Rory Irwin, 1366 Oak Hill Road. Comments received and distributed were reviewed from the following: Committee of Adjustment Minutes Page 9 of 12

10 Works & Engineering No objection to the application. Planning & Development Services Does not support the subject application for Minor Variance. Ganaraska Region Conservation Authority No objection to the proposed minor variance with respect to matters under the jurisdiction and mandate of the Ganaraska Region Conservation Authority. As the subject lands are traversed by an identified watercourse with associated floodplain and valley lands, and the subject lands are under regulation by the GRCA, a permit would be required under the GRCA's Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation prior to any development within the regulated portions of the property or altering or interfering in any way with the channel of the watercourse. Northumberland County Sewage Inspection Comments were not received from the Onsite Sewage System Inspector. Fire & Emergency Services No comment. A letter was sent to Mr. Muldrew dated December 5, 2014 under direction by the Committee requesting proof of eligibility requirements as a bona-fide farmer. Mr. Muldrew provided the Committee with a copy of his 2014 OFA receipt farm business registration. Committee explained the change in designation of the lands to Oak Ridges Moraine and accessory farm employee accommodation is no longer permitted. A copy of the building permit issued in 1988 was provided to Committee. Thomas Bendoraitis and Rory Irwin confirmed their support of the application. Discussion: - Official Plan including Oak Ridges Moraine Policies and Zoning By-law provisions; - Requirements of an Accessory farm employee accommodation; - Bona-fide farmer definition; - Legal non-conforming use; - Grandfathering provisions pertaining to the use and size of the trailer; - Permitted use prior to change in designation to Oak Ridges Moraine; - Previous and present uses of the property (Mr. Muldrew confirmed that agriculture is not the main source of income as he also operates a building construction business. Part of the property is presently rented out and due to health issues he requires assistance to manage the farm); Committee of Adjustment Minutes Page 10 of 12

11 - Size of original trailer and replacement trailer; - Continuation of use of Accessory farm employee accommodation. Theodhora Merepeza, Municipal Planner provided further comment pertaining to the accessory farm employee accommodation in the Oak Ridges Moraine. Committee was provided with a copy of correspondence dated December 7, 1987 from the applicant requesting permission for a second dwelling house in the form of a mobile home of 12 ft x 68 ft for farm help. A building permit was issued in 1988 for a 12 ft x 68 ft mobile home. There is no record of the applicant applying for a building permit to increase the size of the trailer from the original 12 ft x 68 ft or to permit the replacement trailer. The Applicant advised the Committee that the original trailer (accessory farm employee accommodation) burned down in October 2013 and the farm help were subsequently relocated to the main house and remain living on the farm. Committee Members discussed the legal establishment of the trailer and whether the trailer has continued to be used for the purpose it was intended. Committee Members confirm they were satisfied that the proposed accessory farm employee accommodation was lawfully used and continues to be used for the purpose intended. CA 40/14 Moved by Gwen Brice Seconded by Lynn Brown Be it resolved that this Committee grant approval of application A07/14 by William Muldrew for property located in Concession 9, Lot 29 and municipally known as 1564 Oak Hill Road, Port Hope, for minor variance from the maximum gross floor area for accessory farm employee accommodation (municipally known as 1562 Oak Hill Road) of 80 square meters to approximately square meters in order to permit an accessory farm employee accommodation dwelling. Conditions of Approval: None Reasons for Decision: 1. The requested minor variance is felt to be minor in nature. 2. The requested minor variance is felt to be desirable for the appropriate development of the land. 3. The general intent and purpose of the Official Plan will be maintained. 4. The general intent and purpose of the Zoning By-law 20/2010, as amended will be maintained. 5. Committee Members are satisfied that the proposed accessory farm employee Committee of Adjustment Minutes Page 11 of 12

12 accommodation was lawfully used for the purpose intended and continues to be used for that purpose. The Applicant was advised of the process pertaining to the Notice of Decision and appeal process. The delegation was excused at 5:57 p.m. and Theodhora Merepeza was excused. 5. Applications/Items tabled from Previous Meeting - None 6. Delegations - None 7. Correspondence - None 8. New and Other Business Ontario Association of Committees of Adjustment & Consent Authorities Annual Membership Fees. CA 41/14 Moved by Lynn Brown Seconded by Gwen Brice Be it resolved that this Committee approve the renewal of the Ontario Association of Committees of Adjustment & Consent Authorities Annual Membership for 2015 for Secretary-Treasurer Connie Martinell and Secretary-Treasurer Karen Kynaston in the amount of $ each. 9. Business from Committee Members - None 10. Next Regular Meeting Members were in agreement that the January meeting be cancelled as there were no applications Thursday, January 15, 2015 at 4:30 p.m. at the Town Hall. Application submission deadline was Monday, December 8, Meeting was adjourned at 5:59 p.m.. Marilyn Curson, Acting Chairperson Karen Kynaston, Secretary-Treasurer Committee of Adjustment Minutes Page 12 of 12